Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Decision of the European Parliament and of the Council on a Regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-02-07
Institutions: European Commission
Subjects: approximation of policies, satellite communications, technical rule, telecommunications

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.02.2002
COM(2002) 65 final

2000/0187 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DECISION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on a Regulatory framework for radio spectrum policy
in the European Community (Radio Spectrum Decision)

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

2000/0187 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DECISION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on a Regulatory framework for radio spectrum policy
in the European Community (Radio Spectrum Decision)

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.  The  Commission  sets  out  its  opinion  below  on  the  two  amendments  proposed  by
Parliament.

2.

BACKGROUND

Legal basis:

Article 95 of EC Treaty

Date of decision by the Commission:

12 July 2000

Transmission of the Proposal to the Council and the European
Parliament (COM(2000)407 - 2000/0187 (COD)
in accordance with article 251(2) of the EC Treaty:

29 August 2000

Opinion of the Economic and Social Committee:

24 January 2001

Opinion of the European Parliament - first reading:

5 July 2001

Amended proposal:

Common position of the Council:

Communication from the Commission on the common
position:

EP second reading – vote in ITRE: 

EP second reading – vote in plenary:

Budgetary implications:

18 September 2001

16 October 2001

19 October 2001

27 November 2001

12 December 2001

yes

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3.

PURPOSE OF THE PROPOSAL

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).

4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

Following  the  vote  in  ITRE  on  27  November  on  seven  amendments  to  be  submitted  in
2nd reading, the Council Presidency worked out a compromise which foresaw the adoption of
two of the ITRE amendment subject to modifications and the rejection of five  amendments.
During the 2nd reading on 12 December, Parliament voted on the two amendments retained in
the compromise package and accepted them. Both are acceptable to the Commission.

(cid:1)  Amendment 8, which specifies that harmonisation of Community policy of radio spectrum
is  desirable  for  services  and  applications,  in  particular  for  services  and  applications  with
Community or European coverage.

The Commission can accept this modified wording of the original Parliament amendment
proposal,  since  it  reflects  in  a  more  suitable  manner  the  cases  where  harmonisation  of
Community policy on radio spectrum can be envisaged.

(cid:1)  Amendment  9,  which  introduces  a  new  Recital  in  order  to  express  that  any  new
Community policy initiative depending on radio spectrum shall be agreed by the European
Parliament  and Council as appropriate, on the basis  of  a  proposal  from  the  Commission.
Without  prejudice  to  the  right  of  initiative  of  the  Commission,  this  proposal  should
include, inter alia, information on the impact of the envisaged policy on existing spectrum
user  communities  as  well  as  indications  regarding  any  general  radio  frequency  re-
allocation that this new policy would require.

The Commission can accept this amendment since it applies to a recital rather than to an
article  as  proposed  on  the  original  Parliament  amendment  proposal.  Furthermore,  by
adding  the  wording  “without  prejudice  to  the  right  of  initiative  of  the  Commission”  this
new recital does not constrain the institutional rights anchored in the Treaty.

5.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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