Common Position (EC) No 5/2002 of 16 October 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on a regulatory framework for radio spectrum policy in the European Community (Radio spectrum Decision)
Date: 2001-10-16
Institutions: Council of the European Union
Subjects: broadcasting, communications systems, regulation of telecommunications, telecommunications, waveband

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COMMON POSITION (EC) No 5/2002

adopted by the Council on 16 October 2001

with a view to adopting Decision No .../2002/EC of the European Parliament and of the Council
of ... on a regulatory framework for radio spectrum policy in the European Community (Radio
spectrum Decision)

(2002/C 9/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(3)

(4)

such as

(1) On 10 November 1999 the Commission presented a
communication to the European Parliament,
the
Council, the Economic and Social Committee and the
Committee of the Regions proposing the next steps in
radio spectrum policy on the basis of the results of the
public consultation on the Green Paper on Radio
Spectrum Policy in the context of European Community
telecommunications, broadcasting,
policies
transport and research and development
(R & D).
This Communication was welcomed by the European
It
Parliament
should be emphasised that a certain degree of further
harmonisation of Community policy on the radio spec-
trum is desirable, in particular for pan-European services
and applications, and that it is necessary to ensure that
the Member States make applicable in the required
manner certain decisions of the European Conference of
Postal and Telecommunications Administrations (CEPT).

in a resolution of 18 May 2000 (4).

A policy and legal framework therefore needs to be
created in the Community in order to ensure coordi-
nation 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 communi-
cations, transport and R & D. The policy approach
with regard to the use of radio spectrum should be
coordinated and, where appropriate, harmonised at
Community level, in order to fulfil Community policy
objectives efficiently. Community coordination and har-
monisation may also help achieving harmonisation and
coordination of the use of the radio spectrum at global
level in certain cases. At the same time, appropriate
technical support can be provided at national level.

Radio spectrum policy in the Community should con-
tribute to freedom of expression,
including freedom
of opinion and freedom to receive and disseminate
information and ideas, irrespective of borders, as well as
freedom and plurality of the media.

This Decision is based on the principle that, where the
European Parliament and the Council have agreed on a
Community policy which depends on radio spectrum,
committee procedures should be used for the adoption
implementing measures.
of accompanying technical
Technical
implementing measures should specifically
address harmonised conditions with regard to the avail-
ability and efficient use of radio spectrum, as well as the
availability of information related to the use of radio
spectrum. The measures necessary for the implemen-
tation of this Decision should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures
the exercise of
implementing powers conferred on the Commission (5).

for

(1) OJ C 365 E, 19.12.2000, p. 256.
(2) OJ C 123, 25.4.2001, p. 61.
(3) Opinion of the European Parliament of 5 July 2001 (not yet
published in the Official Journal), Council Common Position of
16 October 2001 and Decision of the European Parliament of ...
(not yet published in the Official Journal).

(4) OJ C 59, 23.2.2001, p. 245.

(5) OJ L 184, 17.7.1999, p. 23.

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(5)

the development and adoption of

For
technical
implementing measures and with a view to contributing
to the formulation, preparation and implementation of
Community radio spectrum policy, the Commission
should be assisted by a committee, to be called the Radio
Spectrum Committee, composed of representatives of
the Member States and chaired by the representative
of the Commission. The Committee should consider
proposals for technical implementing measures related
to radio spectrum. These may be drafted on the basis of
discussions in the Committee and may in specific
cases require technical preparatory work by national
authorities responsible for radio spectrum management.
Where committee procedures are used for the adoption
of technical
implementing measures, the Committee
should also take into account the views of the industry
and of all users involved, both commercial and non-
commercial, as well as of other interested parties on
technological, market and regulatory developments
which may affect the use of radio spectrum. Radio
spectrum users should be free to provide all input they
believe is necessary. The Committee may decide to hear
representatives of radio spectrum user communities at
its meetings where necessary to illustrate the situation in
a particular sector.

(6) Where it is necessary to adopt harmonisation measures
for the implementation of Community policies which
go beyond technical implementing measures, the Com-
mission may submit to the European Parliament and to
the Council a proposal on the basis of the Treaty.

(7)

(8)

Radio spectrum policy cannot be based only on technical
parameters but also needs to take into account econ-
omic, political, cultural, health and social considerations.
Moreover, the ever increasing demand for the finite
supply of available radio spectrum will lead to conflicting
pressures to accommodate the various groups of radio
spectrum users in sectors such as telecommunications,
broadcasting, transport, law enforcement, military and
the scientific community. Therefore, radio spectrum
policy should take into account all sectors and balance
the respective needs.

implementing measure would affect,

This Decision should not affect the right of Member
States to impose restrictions necessary for public order
and public security purposes and defence. Where a
technical
inter
alia, radio frequency bands used by a Member State
exclusively and directly for its public security and
defence purposes, the Commission may, if the Member
State requests it on the basis of justified reasons, agree
to transitional periods and/or sharing mechanisms, in
that
order to facilitate the full

implementation of

measure. In this regard, Member States may also notify
the Commission of their national radio frequency bands
used exclusively and directly to pursue public security
and defence purposes.

(9)

In order to take into account the views of Member
States, Community institutions, industry and of all users
involved, both commercial and non-commercial, as well
as of other interested parties on technological, market
and regulatory developments which may affect
the
use of radio spectrum, the Commission may organise
consultations outside the framework of this Decision.

(10) Radio spectrum technical management

includes the
harmonisation and allocation of radio spectrum. Such
harmonisation should reflect the requirements of general
policy principles identified at Community level. How-
ever, radio spectrum technical management does not
cover assignment and licensing procedures, nor the
decision whether to use competitive selection procedures
for the assignment of radio frequencies.

(11) With a view to the adoption of technical implementing
measures addressing the harmonisation of radio fre-
quency allocation and of information availability, the
Committees hould cooperate with radio spectrum
experts from national authorities responsible for radio
spectrum management. Building on the experience of
mandating procedures gained in specific sectors, for
example as a result of the application of Decision
No 710/97/EC of
the European Parliament and of
the Council of 24 March 1997 on a coordinated
authorisation approach in the field of satellite personal-
communication services in the Community (1) and
Decision No 128/1999/EC of the European Parliament
and of the Council of 14 December 1998 on the
coordinated introduction of a third generation mobile
in the
and wireless communications system (UMTS)
Community (2),
implementing measures
should be adopted as a result of mandates to the CEPT.
Where it is necessary to adopt harmonised measures for
the implementation of Community policies which do
not fall within the remit of CEPT, the Commission could
adopt implementation measures with the assistance of
the Radio Spectrum Committee.

technical

(1) OJ L 105, 23.4.1997, p. 4. Decision as amended by Decision

No 1215/2000/EC (OJ L 139, 10.6.2000, p. 1).

(2) OJ L 17, 22.1.1999, p. 1.

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(12) The CEPT comprises 44 European countries. It drafts
technical harmonisation measures with the objective of
harmonising the use of radio spectrum beyond the
Community borders, which is particularly important for
those Member States where the use of radio spectrum
may be affected by that of the non-EU members of
CEPT. Decisions and measures taken in accordance
with this Decision should take account of the specific
situation of Member States with external
frontiers.
Where necessary, the Commission should be able to
make the results of mandates issued to CEPT compulsory
for Member States, and, where the results of such
mandates are not available or deemed not acceptable, to
take appropriate alternative action. This will in particular
provide for the harmonisation of use of radio frequencies
across the Community, in line with Directive 2002/.../EC
of the European Parliament and of the Council of ...
on a common regulatory framework for electronic
communications networks and services (Framework
Directive) (1) and taking into account the provisions of
Directive 2002/..../EC of the European Parliament and
the Council of ... on the authorisation of electronic
communications networks and services (Authorisation
Directive) (1).

(13) The coordinated and timely provision to the public
of appropriate information concerning the allocation,
availability and use of radio spectrum in the Community
is an essential element
for investments and policy
making. So are technological developments which will
give rise to new radio spectrum allocation and manage-
ment
techniques and radio frequency assignment
methods. Development of long-term strategic aspects
require proper understanding of the implications of how
technology evolves. Such information should therefore
be made accessible in the Community, without prejudice
to confidential business and personal information pro-
tection under Directive 2002/.../EC of the European
Parliament and of the Council of ... on the processing of
personal data and the protection of privacy in the
(Data Protection Direc-
telecommunications
tive) (1). The implementation of a cross-sectoral radio
spectrum policy makes the availability of information
on the whole radio spectrum necessary. In view of the
general purpose of harmonising radio spectrum use in
the Community and elsewhere in Europe, the availability
of such information needs to be harmonised at European
level in a user-friendly manner.

sector

(1) OJ L ...

(14)

It is therefore necessary to complement existing Com-
munity and international requirements for publication
of information on use of radio spectrum. At inter-
national level, the Reference Paper on Regulatory Prin-
ciples negotiated in the context of the World Trade
Organisation by the Group on Basic Telecommuni-
cations also requires that the existing state of allocated
radio frequency bands be made publicly available. Com-
mission Directive 96/2/EC of 16 January 1996 amending
Directive 90/388/EEC with regard to mobile and per-
sonal communications (2) required Member States to
publish every year or make available on request the
allocation scheme of radio frequencies, including plans
for future extension of such frequencies, but covered
only mobile and personal communications services.
Moreover, Directive 1999/5/EC of the European Parlia-
ment and of the Council of 9 March 1999 on radio
equipment and telecommunications terminal equipment
and the mutual recognition of their conformity (3), as
well as Directive 98/34/EC of the European Parliament
and of the Council of 22 June 1998 laying down a
procedure for the provision of information in the field
of technical standards and regulations and of rules on
information society services (4), require Member States
to notify the Commission of the interfaces which they
have regulated so as to assess their compatibility with
Community law.

(15) Directive 96/2/EC was at the origin of the adoption of
a first set of measures by CEPT such as European
Radiocommunications Committee Decision (ERC/DEC/
(97)01) on the publication of national tables of radio
spectrum allocations. It is necessary to ensure that CEPT
solutions reflect the needs of Community policy and are
given the appropriate legal basis so as to be implemented
in the Community. For that purpose, specific measures
have to be adopted in the Community both on procedure
and substance.

(16) Community undertakings should obtain fair and non-
discriminatory treatment on access to radio spectrum in
non-member countries. As access to radio spectrum is a
key factor for business development and public interest
activities, it is also necessary to ensure that Community
requirements for radio spectrum are reflected in inter-
national planning.

(2) OJ L 20, 26.1.1996, p. 59.
(3) OJ L 91, 7.4.1999, p. 10.
(4) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive

98/48/EC (OJ L 217, 5.8.1998, p. 18).

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(17)

Implementation of Community policies may require
coordination of radio spectrum use, in particular with
regard to the provision of communications services
including Community-wide roaming facilities. More-
over, certain types of radio spectrum use entail a
geographical coverage which goes beyond the borders
of a Member State and allow for transborder services
without requiring the movement of persons, such as
satellite communications
services. The Community
should therefore be adequately represented in the activi-
ties of all relevant international organisations and confer-
ences related to radio spectrum management matters,
such as within the International Telecommunications
Union (ITU) and its World Radiocommunications Con-
ferences.

(18) The existing preparation and negotiation mechanisms
for ITU World Radiocommunication Conferences have
generated excellent results due to willing cooperation
within the CEPT, and the Community’s interests have
been taken into account in the preparations. In inter-
national negotiations, Member States and the Com-
munity should develop a common action and closely
cooperate during the whole negotiations process so as
to safeguard the unity of the international representation
of the Community in line with the procedures which
had been agreed in the Council conclusions of 3 February
1992 for the World Administrative Radio Conference
and as confirmed by the Council conclusions of 22 Sep-
tember 1997 and 2 May 2000. For such international
negotiations, the Commission should inform the Euro-
pean Parliament and the Council whether Community
policies are affected, with a view to obtaining endorse-
ment by the Council on the Community policy objectives
to be achieved and on the positions to be taken by
Member States at international level. In order to ensure
that such positions also appropriately address the techni-
cal dimension related to radio spectrum management,
the Commission may issue mandates to the CEPT for
this purpose. Member States should accompany any act
of acceptance of any agreement or regulation within
international forums in charge of, or concerned with,
radio spectrum management by a joint declaration
stating that they will apply such agreement or regulation
in accordance with their obligations under the Treaty.

operations, transportation systems, broadcasting tech-
nologies, and research applications such as radio-astron-
omy and earth observation. It is therefore important to
ensure compatibility between the Community’s arrange-
ments for negotiating trade and market access issues
with the radio spectrum policy objectives to be pursued
under this Decision.

(20)

It
is necessary, awing to the potential commercial
sensitivity of information which may be obtained by
national authorities in the course of their action relating
to radio spectrum policy and management, that the
national authorities apply common principles in the
field of confidentiality laid down in this Decision.

(21)

Since the objective of the proposed action, namely to
establish a common framework for radio spectrum
policy, cannot be sufficiently achieved by the Member
States and can therefore, by reason of the scale and
effects of the action, be better achieved at Community
level, the Community may adopt measures, in accord-
ance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle
of proportionality as set out in that Article, this Decision
does not go beyond what is necessary in order to achieve
that objective.

(22) Member States should implement this common frame-
work for radio spectrum policy in particular through
their national authorities and provide the Commission
with the relevant information required to assess its
the Community,
proper implementation throughout
taking into account international trade obligations of
the Community and its Member States.

(23) Decisions No 710/97/EC and No 128/1999/EC remain

in force.

(19)

In addition to international negotiations specifically
addressing radio spectrum, there are other international
agreements involving the Community and non-member
countries which may affect radio frequency bands usage
and sharing plans and which may address issues such as
trade and market access, including in the World Trade
Organisation framework, free circulation and use of
equipment, communications systems of regional or
global coverage such as satellites, safety and distress

(24) The Commission should report annually to the European
Parliament and the Council on the results achieved under
this Decision, as well as on planned future actions. This
may allow the European Parliament and the Council to
express their political support, where appropriate,

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HAVE ADOPTED THIS DECISION:

Article 1

Aim and scope

4.
This Decision is without prejudice to measures taken at
Community or national level, in compliance with Community
law, to pursue general interest objectives, in particular relating
to content regulation and audiovisual policy, to the provisions
of Directive 1999/5/EC and to the right of Member States to
organise and use their radio spectrum for public order and
public security purposes and defence.

Article 2

Definition

1.
The aim of this Decision is to establish a policy and
legal framework in the Community in order to ensure the
coordination of policy approaches and, where appropriate,
harmonised conditions with regard to the availability and
efficient use of the radio spectrum necessary for the establish-
ment and functioning of the internal market in Community
policy areas such as electronic communications, transport and
Research and Development (R & D).

In order to meet this aim, this Decision establishes

2.
procedures in order to:

For the purposes of this Decision, ‘radio spectrum’ includes
radio waves in frequencies between 9 kHz and 3 000 GHz;
radio waves are electromagnetic waves propagated in space
without artificial guide.

Article 3

Committee procedure

(a)

(b)

(c)

(d)

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 radio spectrum and of avoiding
harmful interference;

ensure the effective implementation of radio spectrum
policy in the Community, and in particular establish a
general methodology to ensure harmonised conditions
for the availability and efficient use of radio spectrum;

The Commission shall be assisted by a committee (‘the

1.
Radio spectrum Committee’).

2. Where reference is made to this paragraph, Articles 3
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period provided for
1999/468/EC shall be set at three months.

in Article 5(6) of Decision

ensure the coordinated and timely provision of infor-
mation concerning the allocation, availability and use of
radio spectrum in the Community;

4.

The Committee shall adopt its rules of procedure.

ensure the effective coordination of Community interests
in international negotiations where radio spectrum use
affects Community policies.

Article 4

Function of the Radio Spectrum Committee

3.
Activities pursued under this Decision shall take due
account of the work of international organisations related to
radio spectrum management, for example the International
Telecommunications Union (ITU) and the European Confer-
ence of Postal and Telecommunications Administrations
(CEPT).

1.
In order to meet the aim set out in Article 1, the
Commission shall submit to the Radio Spectrum Committee,
in accordance with the procedures set out in this Article,
appropriate technical implementing measures with a view to
ensuring harmonised conditions for
the availability and
efficient use of radio spectrum, as well as the availability of
information related to the use of radio spectrum, as referred to
in Article 5.

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2.
For the development of technical implementing measures
referred to in paragraph 1 which fall within the remit of the
CEPT, such as the harmonisation of radio frequency allocation
and of information availability, the Commission shall issue
mandates to the CEPT, setting out the tasks to be performed
and the timetable therefor. The Commission shall act in
accordance with the procedure referred to in Article 3(2).

On the basis of

the work completed pursuant

to
3.
paragraph 2, the Commission shall decide whether the results
of the work carried out pursuant to the mandates shall
apply in the Community and on the deadline for their
implementation by the Member States. These decisions shall
be published in the Official Journal of the European Communities.
For the purpose of this paragraph, the Commission shall act in
accordance with the procedure referred to in Article 3(3).

4.
Notwithstanding paragraph 3, if the Commission or any
Member State considers that the work carried out on the basis
of a mandate issued pursuant to paragraph 2 is not progressing
satisfactorily having regard to the set timetable or if the results
of the mandate are not acceptable, the Commission may adopt,
acting in accordance with the procedure referred to in
Article 3(3), measures to achieve the objectives of the mandate.

5.
The measures referred to in paragraphs 3 and 4 may,
where appropriate, provide the possibility for transitional
periods and/or radio spectrum sharing arrangements in a
Member State to be approved by the Commission, where
justified, taking into account the specific situation in the
Member State, on the basis of a reasoned request by the
Member State concerned and provided such exception would
not unduly defer implementation or create undue differences
in the competitive or regulatory situations between Member
States.

6.
To achieve the aim set out in Article 1, the Commission
may also adopt technical implementing measures referred to
in paragraph 1 which are not covered by paragraph 2, acting
in accordance with the procedure referred to in Article 3(3).

Article 5

Availability of information

Member States shall ensure that their national radio frequency
allocation table and information on rights, conditions, pro-
cedures, charges and fees concerning the use of radio spectrum,
shall be published if relevant in order to meet the aim set out
in Article 1. They shall keep this information up to date and
shall take measures to develop appropriate databases in order
to make such information available to the public, where
applicable in accordance with the relevant harmonisation
measures taken under Article 4.

Article 6

Relations with non-member countries and international
organisations

1.
The Commission shall monitor developments regarding
radio spectrum in non-member countries and in international
organisations, which may have implications for the implemen-
tation of this Decision.

2. Member States shall
inform the Commission of any
difficulties created, de jure or de facto, by non-member countries
or international organisations for the implementation of this
Decision.

3.
The Commission shall report regularly on the results of
the application of paragraphs 1 and 2 to the European Parlia-
ment and the Council and may propose measures with the aim
of securing the implementation of the principles and objectives
of this Decision, where appropriate. When necessary to meet
the aim set out in Article 1, common policy objectives shall be
agreed to ensure Community coordination among Member
States.

4. Measures taken pursuant to this Article shall be without
prejudice to the Community’s and Member States’ rights and
obligations under relevant international agreements.

Article 7

Notification

7. With a view to contributing to the formulation, prep-
aration and implementation of Community radio spectrum
policy, and without prejudice to the procedures set out in this
Article, the Commission shall consult the Radio Spectrum
Committee periodically on the matters covered by Article 1.

Member States shall give the Commission all
information
necessary for the purpose of verifying the implementation of
this Decision. In particular, Member States shall immediately
inform the Commission of the implementation of the results
of the mandates pursuant to Article 4(3).

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Article 8

Confidentiality

Article 10

Implementation

1. Member States shall not disclose information covered
by the obligation of business confidentiality,
in particular
information about undertakings, their business relations or
their cost components.

Member States shall take all measures necessary, by laws,
regulations and administrative provisions, for the implemen-
tation of this Decision and all resulting measures.

2.
Paragraph 1 shall be without prejudice to the right of
relevant authorities to undertake disclosure where it is essential
for the purposes of fulfilling their duties, in which case such
disclosure shall be proportionate and shall have regard to the
legitimate interests of undertakings in the protection of their
business secrets.

3.
Paragraph 1 shall not preclude publication of infor-
mation on conditions linked to the granting of rights to use
radio spectrum which does not include information of a
confidential nature.

Article 9

Report

The Commission shall report on an annual basis to the
European Parliament and the Council on the activities
developed and the measures adopted pursuant to this Decision,
as well as on future actions envisaged pursuant
to this
Decision.

Article 11

Entry into force

This Decision shall enter into force on the day of its publication
in the Official Journal of the European Communities.

Article 12

Addressees

This Decision is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 30 August 2000 the Commission submitted a proposal for a Decision based on Article 95

of the Treaty (1).

2.

The European Parliament delivered its opinion on 5 July 2001.

3.

The Commission forwarded its amended proposal to the European Parliament and the Council
on 24 September 2001 (1).

4. On 16 October 2001 the Council adopted its Common Position in accordance with Article 251

of the Treaty.

II. OBJECTIVE

The purpose of this draft is to create a policy and legal framework in the Community allowing
coordination and, where appropriate, harmonisation of the use of the radio spectrum in sectors
relevant for the implementation of Community policy objectives, such as communications,
broadcasting or transport.

III. ANALYSIS OF THE COMMON POSITION

The Common Position shares the overall objective of the proposal submitted by the Commission,
and also, in general terms, the proposed means of attaining that objective.

However, the text of the proposal has been reworded in the course of discussion within the Council.
The main points of the Common Position which differ from the Commission proposal are as
follows.

1.

2.

The Common Position modifies Article 1 on the aim and scope of the Decision. The first
paragraph sets out the aim, making a distinction between coordination of policies and possible
harmonisation of conditions for the use of the spectrum. The second paragraph introduces
procedures for attaining that aim. The third makes reference to the importance of the work of
certain international organisations in radio spectrum management.

The Council has eliminated the optional Senior Officials Group, the composition and functions
of which are set out in Articles 3 and 4 of the Commission proposal. The Council did so in the
conviction that it was not legally appropriate for such a group to be set up by a Decision of the
Parliament and of the Council. The Council therefore considered that to assist the Commission
the Decision should merely set up a ‘Radio Spectrum Committee’ under the committee
procedure rules, as provided for in Article 5 of the proposal. However, the Common Position
recognises (recital 9) that the Commission may arrange consultations outside the framework of
this Decision, in particular to take account of the opinions of Community institutions and
interested parties; furthermore, the second part of recital 5 lays down that the Committee must
take into consideration the views of the industry, of users and of interested parties.

(1) OJ C ...

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3. Article 6 of the proposal, concerning the regulatory framework for implementing harmonis-
ation measures, has been deleted but its content has been transferred to Article 4 of the
Common Position, which describes the function of the Radio Spectrum Committee.

4.

In the Common Position, the Annex forming part of the Commission proposal has been
deleted. The content of the Annex has been included in summary form in Article 5 of the
Common Position, which deals with availability of information.

IV.

EUROPEAN PARLIAMENT AMENDMENTS

1.

European Parliament amendments accepted by the Commission and adopted by the Council

— 1: incorporated into recital 1

— 2: incorporated into recital 2

— 3: incorporated into recital 3

— amendment 9 on the relationship between military and civilian use of the radio spectrum
has been accepted in substance but with a different wording in recital 8 of the Common
Position,

— the Council has incorporated the first part of amendment 12 in full into recital 18 of its
Common Position. It has redrafted the second part however, in line with the Commission,
in order not to complicate the procedure to be followed in certain international
negotiations,

— the substance of amendment 13 has been accepted by the Council. The Common Position
has taken account of suggestions by the European Parliament in Article 1(1) and (2)(a), in
Article 4 and in recitals 4 to 6, as well as in recital 3. However, the Council has not
deemed it appropriate to change the wording of Article 1(4), which is close to that of the
Commission proposal,

— Article 5 of the Common Position incorporates in substance the content of amendment 25.

2.

European Parliament amendments accepted by the Commission but not adopted by the Council

— The Council has not adopted amendment 4, as it feels that the matter covered by that

amendment is already covered by the Directive on authorisations,

— amendments 5, 6, 17 and 24, which relate to the Senior Officials Group, have not been
accepted with the wording wanted by Parliament as the Council has eliminated this group
in its Common Position. However, the Council has taken several aspects of these
amendments into account in recital 5 (amendment 6) and in Article 1 (amendment 17),

— the change proposed by Parliament in amendment 8 has not been adopted in recital 10 of
the Common Position, as that recital has been redrafted by the Council to take account of
the changes introduced in the enacting terms,

— the Council felt that the wording of the last sentence of recital 13 was more in line with

the enacting terms than the drafting change proposed in amendment 11,

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— the Council has not incorporated amendment 7 into recital 23 of its Common Position.
However, it has adjusted the text proposed by the Commission to take account of the
European Parliament’s opinion.

3.

European Parliament amendments not adopted by either the Commission or the Council

— The Council did not feel it appropriate that decisions concerning harmonisation measures
should be adopted by the co-decision procedure as proposed in amendment 21, rather
than by following the committee procedure,

— amendments 14 and 15 are now superfluous, as the definitions of ‘allocation of a radio
frequency band’ and ‘assignment of a radio frequency’, being internationally applicable,
have been left out of the Common Position,

— amendment 16 on the Senior Officials Group has not been accepted because this group

has been eliminated in the Council’s Common Position,

— the Council has not adopted amendment 18 on the purpose of the Radio Spectrum
Committee. It has preferred to set up this Committee in Article 3 of its Common Position,
using a traditional committee procedure wording, and to describe the function of the
Committee in detail in Article 4,

— the Council has not accepted joined amendments 19, 23 and 20, for the following reasons
in particular: they relate to Article 6 of the proposal (‘harmonisation measures’), which
has been deleted in the Common Position together with the Senior Officials Group; they
suggest that the Commission propose measures to Parliament and the Council instead of
following the committee procedure, and finally, they provide for mandates to be given to
the CEPT in all cases, which would go beyond the areas of competence of that body.