Amended proposal for a Decision of the European Parliament and of the Council on a Regulatory Framework for radio Spectrum Policy in the European Community (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2001-09-18
Institutions: European Commission
Subjects: EU policy, approximation of laws, broadcasting, telecommunications, waveband

C 25 E/468

EN

Official Journal of the European Communities

29.1.2002

Amended proposal for a Decision of the European Parliament and of the Council on a Regulatory
Framework for radio spectrum policy in the European Community (1)

(2002/C 25 E/02)

(Text with EEA relevance)

COM(2001) 524 final (cid:151) 2000/0187(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 18 September 2001)

1. Background

Transmission of
to the Council and the European Parliament
(COM(2000) 407 (cid:151) 2000/0187(COD)) in accordance with Article 175(1) of the
Treaty

the Proposal

Opinion of the Economic and Social Committee

Opinion of the European Parliament (cid:151) first reading

2. Objective of the Commission proposal

29 August 2000

24 January 2001

5 July 2001

The proposal establishes a policy and legal framework in the European Community in order to ensure
co-ordination of policy approaches and, where appropriate, harmonised conditions with regard to the
availability and efficient use of radio spectrum necessary for the establishment and functioning of the
internal market in Community policy areas such as electronic communications, transport and research and
development (R & D).

3. Commission opinion on the amendments adopted by the Parliament

3.1. Amendments accepted by the Commission (1, 2, 4, 5, 6, 8, 17, 22, 23, 24, 25)

Amendment 1, referring to Parliament’s views on proposed next steps in radio spectrum policy following
the 1998 Green Paper consultation.

Amendment 2 (in part)
Community policy objectives with regard to radio spectrum.

introducing stronger wording in relation to the definition and fulfilment of

Amendment 4 introducing a new Recital which calls upon the Member States to ensure that the allocation
and assignment of radio spectrum is based on objective, transparent, non-discriminatory and proportionate
criteria, taking democratic, social and cultural interests into account.

Amendment 5 on the need for Community co-ordination of positions agreed at national level with regard
to radio spectrum policy issues.

Amendment 6 calling for transparency in consultation activities.

Amendment 8 calling for Community co-ordination on radio spectrum policy issues.

Amendment 17 adding safety and the (non)availability of communications means other than radio as
factors to be taken into account in Community decision-making.

Amendment 22 was withdrawn at the EP Plenary.

Amendment 23 originally referred to mandates to the European Conference of Postal and Telecommuni-
cations administrations (CEPT) in areas which fall within its remit. However, the latter part of this sentence
is suppressed in the adopted compromise amendment (i.e. merging the original amendments 19, 23 and
20), which, as such, is not acceptable.

Amendment 24 introducing a new paragraph calling for the consideration of regional aspects in radio
spectrum policy making.

(1) OJ C 365 E, 19.12.2000, p. 256.

29.1.2002

EN

Official Journal of the European Communities

C 25 E/469

With regard to the public availability of information related to radio spectrum, amendment 25 details the
text of the Article 7, and deletes the Annex to the original proposal.

3.2. Amendments accepted in part or principle by the Commission (3, 7, 9, 11, 12, 13, 20)

The Commission can accept in principle amendment 3 subject to the following rewording to be placed at
the end of Recital 2:
(cid:145)Radio spectrum policy in the Community should contribute to freedom of
expression, subject to relevant national and international measures.(cid:146)

With regard to the reporting to the European Parliament and the Council as regards the application of the
Decision, the Commission can accept in principle amendment 7 in the understanding that both institutions
will take formal positions on the activities pursued under the Decision.

The Commission can accept in principle the suggestion in amendment 9 that there is a need to establish
priorities between military and civil use of radio spectrum but prefers the following rewording: (cid:145)There is a
need to achieve an appropriate balance between the use of radio spectrum for, on the one hand, public
order and public security purposes and defence, and, on the other hand, civil purposes. In view of this
objective, all harmonisation initiatives based on the Decision have to take into account the possible impact
on all user communities. The delegations of the Member States in the Radio Spectrum Committee should
therefore present a nationally consolidated position on radio spectrum policy issues, arrived at through
domestic consultation of all concerned parties, including those responsible for public security, public order
and defence.(cid:146)

The Commission can accept amendment 11 subject to the following rewording: (cid:145)In view of the general
aims of harmonisation and more efficient use of spectrum in the Community and in Europe, the avail-
ability of such information needs to be harmonised at a European level in a user-friendly manner.(cid:146)

With regard to the negotiations at World Radiocommunications Conferences, the Commission can accept
in principle amendment 12 subject to the following rewording: (cid:145)The Commission participates in the work
of the European Conference of Postal and Telecommunications administrations (CEPT), that prepares
European proposals for such conferences, with the aim to ensure that the Community’s interests are
appropriately taken into account
the
conferences of 1995, 1997 and 2000 and the existing mechanisms for co-operation will therefore be
used in view of the forthcoming conference in 2003.(cid:146)

in the preparations and negotiations. This was achieved at

The Commission can also accept
to the following
rewording:
(cid:145)For such international negotiations, the Commission should inform the Council and the
in view of obtaining endorsement by
European Parliament whether Community policies are affected,
Council on the Community policy objectives to be achieved and on the positions to be taken by the
Member States at international level.(cid:146)

the same amendment subject

the latter part of

The Commission can accept in principle the first part (paragraph a) of amendment 13 subject to the
following rewording:
(cid:145)In order to meet this aim, this Decision establishes procedures in order to: (a)
facilitate policy-making with regard to the strategic planning and harmonisation of the use of radio
spectrum in the Community taking into consideration inter alia economic, safety, health, public interest,
freedom of expression, cultural, scientific, social and technical aspects of Community policies as well as the
various interests of radio spectrum user communities with the aim of optimising the use of spectrum and
of avoiding harmful interference.(cid:146)

The Commission would have accepted amendment 20 in its original form since it referred to the use of an
advisory committee procedure for the approval of mandates to the CEPT. However, the compromise
amendment (merging the original amendments 19, 20 and 23) refers to the use of a regulatory procedure,
which cannot be accepted (see section 3.3 below).

C 25 E/470

EN

Official Journal of the European Communities

29.1.2002

3.3. Amendments not accepted by the Commission (10, 14, 15, 16, 18, 19, 21)

Amendments 10 and 21 suggest that all decisions on harmonisation measures should be adopted under the
Community legislative procedure, i.e. co-decision, whereas the Commission’s proposal comprises the use of
comitology procedures where necessary to implement agreed Community policies. These amendments also
suggest that Parliament be given a veto on the results of mandates to the CEPT and on the measures taken
in comitology, which would go against the inter-institutional agreement on comitology. These amendments
are therefore not acceptable.

Amendments 14 and 15 suggest to modify internationally agreed and applicable definitions, which is not
acceptable.

The Commission agrees with the principle that the Parliament should be informed about and, where
appropriate, be involved in consultations on Community radio spectrum policy issues. However,
amendment 16 on Parliaments involvement in the Senior Official Radio Spectrum Policy Group would
be too far reaching and can therefore not be accepted.

Amendment 18 is not acceptable because it is incorrect in that the committee will not implement, but
rather develop and adopt harmonisation measures, to be implemented by the Member States.

Although certain elements in amendments 20 and 23 could have been accepted in principle by the
Commission, the adopted compromise amendment (merging the original amendments 19, 20 and 23)
could not be accepted for the following reasons. The compromise amendment suggests that a Senior
Official Radio Spectrum Policy Committee will be created, which is not the case. The amendment also
suggests that the Commission shall always propose measures to the Parliament and to the Council, which
is, however, only the case where such proposals would go beyond the adoption (in comitology) of
technical implementing measures. The amendment further stipulates that the CEPT will always receive
mandates in the development of technical implementing measures, which is, however, only the case in
areas where the CEPT is competent, i.e. with regard to frequency allocation and information availability.
The amendment is also not acceptable because it proposes to approve mandates by the committee in
accordance with a regulatory procedure, which would mean a departure from current practice under
Community legislation and which would be illogical, considering that a regulatory procedure is
normally used to approve measures which the Member States need to implement.

3.4. Amended proposal

Having regard to Article 250, paragraph 2, of the EC Treaty, the Commission modifies its proposal as
indicated above.