Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)
Date: 2002-03-07
Institutions: Council of the European Union, European Parliament
Subjects: data processing, electronics, legal basis, telecommunications

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I

(Acts whose publication is obligatory)

DECISION No 676/2002/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 March 2002

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

EUROPEAN PARLIAMENT AND THE

THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

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

Having regard to the opinion of
Committee (2),

the Economic and Social

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

Whereas:

(1)

(2)

such as

European Parliament,

On 10 November 1999 the Commission presented a
communication to the
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
European
Communication was welcomed by
It
Parliament
should be emphasised that a certain degree of further
harmonisation of Community policy on the radio
spectrum is desirable for services and applications,
in
particular for services and applications with Community
or European coverage, 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).

the

of

in the Community

A policy and legal
framework therefore needs to be
created
to ensure
in order
and, where
coordination
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

approaches

policy

(1) OJ C 365 E, 19.12.2000, p. 256 and OJ C 25 E, 29.1.2002,

p. 468.

(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 (OJ C 9, 11.1.2002, p. 7) and Decision of the
European Parliament of 12 December 2001 (not yet published in
the Official Journal). Council Decision of 14 February 2002.

(3)

(4)

(5)

(6)

be

coordinated

and, where

communications,
transport and R & D. The policy
approach with regard to the use of radio spectrum
appropriate,
should
to fulfil
harmonised at Community level,
Community policy objectives efficiently. Community
coordination
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.

harmonisation may

in order

also

and

Radio spectrum policy in the Community should
contribute 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.

implementing measures

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
should specifically
address harmonised conditions with regard to the
availability and efficient use of radio spectrum, as well
as the availability of information related to the use of
the
radio spectrum. The measures necessary
implementation of this Decision should be adopted in
accordance with Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise
of
the
Commission (5).

implementing

conferred

powers

for

on

Any new Community policy initiative depending on
radio spectrum should be agreed by the European
Parliament and the Council as appropriate, on the basis
of a proposal from the Commission. Without prejudice
to the right of
this
the Commission,
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 reallocation that this new policy
would require.

initiative of

the development

technical
For
implementing measures and with a view to contributing
to the formulation, preparation and implementation of

and adoption of

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

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

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(10)

(11)

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
the Commission may organise
of
consultations outside the framework of this Decision.

radio spectrum,

includes

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

competitive

the

to

of

addressing

the harmonisation

the European Parliament and of

(12) With a view to the adoption of technical implementing
radio
measures
frequency allocation and of information availability, the
Committee
should cooperate with radio spectrum
experts from national authorities responsible for radio
spectrum management. Building on the experience of
for
mandating procedures gained in specific sectors,
example as a result of the application of Decision No
the
710/97/EC of
coordinated
Council of 24 March 1997 on a
satellite
of
field
in
approach
authorisation
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 and wireless communications system (UMTS) in
the 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

the

Spectrum

composed

Committee,

Community radio spectrum policy,
the Commission
should be assisted by a committee, to be called the
Radio
of
representatives of the Member States and chaired by a
the Commission. The Committee
representative of
implementing
should consider proposals for technical
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
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
and
interested
regulatory developments which may affect the use of
radio spectrum. Radio spectrum users should be free to
provide
is necessary. The
they believe
Committee may decide to hear representatives of radio
spectrum user communities at
its meetings where
necessary to illustrate the situation in a particular sector.

technological, market

responsible for

parties,

input

on

all

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

implementing measures,

and

health

political,

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

telecommunications, broadcasting,

to accommodate

transport,

(8)

(9)

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 implementing measure would affect 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
in
to transitional periods and/or sharing mechanisms,
order
that
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.

to facilitate the full

implementation of

(13)

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
the specific
this Decision should take account of
situation of Member States with external
frontiers.
the Commission should be able to
Where necessary,
make
to CEPT
the
compulsory for Member States, and where the results of
available or deemed not
such mandates

results of mandates

are not

issued

(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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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 2002/21/EC of the European Parliament and
of
the Council of 7 March 2002 on a common
regulatory framework for electronic communications
networks and services (Framework Directive) (1) and
the provisions of Directive
taking
2002/20/EC of
and the
Council of 7 March 2002 on the authorisation of
services
communications
electronic
(Authorisation Directive) (2).

the European Parliament

into account

networks

and

(14)

(15)

the

rise

accessible
to

information concerning

The coordinated and timely provision to the public of
appropriate
allocation,
availability and use of radio spectrum in the Community
is an essential element
investments and policy
for
making. So are technological developments which will
give
to new radio spectrum allocation and
management techniques and radio frequency assignment
long-term strategic aspects
methods. Development of
require proper understanding of the implications of how
technology evolves. Such information should therefore
in the Community, without
be made
prejudice
personal
information protection under Directive 97/66/EC of the
European Parliament
the Council of 15
and of
December 1997 concerning the processing of personal
data
the
telecommunications sector (3). The implementation of a
cross-sectoral
the
availability of information on the whole radio spectrum
necessary.
of
harmonising radio spectrum use in the Community and
elsewhere in Europe, the availability of such information
needs
in a
to be harmonised at European level
user-friendly manner.

spectrum policy makes

confidential

protection

view of

business

purpose

privacy

general

radio

and

and

the

the

of

In

in

is

by

the

level,

Group

requirements

to complement

therefore necessary
and

existing
It
for
international
Community
publication of information on use of radio spectrum. At
international
the reference paper on regulatory
principles negotiated in the context of the World Trade
Organisation
Basic
Telecommunications also requires that the existing state
of allocated radio frequency bands be made publicly
available. Commission Directive 96/2/EC of 16 January
1996 amending Directive 90/388/EEC with regard to
required
mobile
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
the
services. Moreover, Directive

communications (4)

1999/5/EC of

and personal

on

(1) See page 33 of this Official Journal.
(2) See page 21 of this Official Journal.
(3) OJ L 24, 30.1.1998, p. 1.
(4) OJ L 20, 26.1.1996, p. 59.

European Parliament and of the Council of 9 March
1999 on radio equipment and telecommunications
terminal equipment and the mutual recognition of their
conformity (5), 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
technical standards and
information in the field of
rules on information society
regulations
services (6),
the
Commission of the interfaces which they have regulated
so as to assess their compatibility with Community law.

and of
require Member States

to notify

Committee

(16) Directive 96/2/EC was at the origin of the adoption of a
set of measures by CEPT such as European
first
Radiocommunications
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.

(17)

(18)

treatment

should obtain fair
on access

and
Community undertakings
non-discriminatory
to radio
spectrum in third countries. As access to radio spectrum
is a key factor for business development and public
is also necessary to ensure that
interest activities,
Community
radio spectrum are
reflected in international planning.

it
requirements

for

and allow for

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. Moreover,
certain types of radio spectrum use entail a geographical
coverage which goes beyond the borders of a Member
State
services without
requiring the movement of persons, such as satellite
communications
should
therefore be adequately represented in the activities of
all relevant international organisations and conferences
related to radio spectrum management matters, such as
within the International Telecommunication Union (ITU)
and its World Radiocommunications Conferences.

services. The Community

transborder

(19)

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

(5) OJ L 91, 7.4.1999, p. 10.
(6) 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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in the preparations.

to safeguard the unity of

such international negotiations,

been taken into account
In
and the
international negotiations, Member States
Community should develop a common action and
closely cooperate during the whole negotiations process
so as
the international
the Community in line with the
representation of
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 September 1997 and 2
the
May 2000. For
Commission should inform the European Parliament
and the Council whether Community policies are
affected, with a view to obtaining endorsement 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
technical
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 fora in charge of, or concerned with, radio
spectrum management by a joint declaration stating that
regulation in
they will apply such agreement or
accordance with their obligations under the Treaty.

also appropriately

address

the

and

involving

the Community

In addition to international negotiations
specifically
addressing radio spectrum, there are other international
agreements
third
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
free circulation and use of
Organisation framework,
equipment, communications
regional or
global coverage such as satellites, safety and distress
operations,
broadcasting
technologies, and research applications such as radio
therefore
astronomy
important
the
Community’s arrangements for negotiating trade and
market access issues with the radio spectrum policy
objectives to be pursued under this Decision.

and earth observation.
to

transportation

compatibility

systems of

between

systems,

ensure

is

It

the Treaty.

in Article 5 of
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.

(23) Member

this

should

implement

common
States
framework for
radio spectrum policy in particular
through their national authorities and provide the
Commission with the relevant information required to
the
assess
Community,
trade
obligations of the Community and its Member States.

implementation throughout
international

taking into account

its proper

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

in force.

(25)

report

annually

to the
The Commission should
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,

HAVE ADOPTED THIS DECISION:

Article 1

Aim and scope

The aim of this Decision is to establish a policy and legal
1.
framework in the Community in order
the
coordination of policy approaches and, where appropriate,
harmonised conditions with regard to the availability and
the
efficient use of
establishment and functioning of
in
Community policy areas such as electronic communications,
transport and research and development (R & D).

radio spectrum necessary for

the internal market

to ensure

the

to the potential

is necessary, due

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

that

Since the objective of the proposed action, namely to
radio spectrum
establish a common framework for
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,
in
accordance with the principle of subsidiarity as set out

the Community may

adopt measures,

In order to meet

2.
procedures in order to:

this aim,

this Decision establishes

(a)

safety, health, public

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
freedom of
economic,
expression, cultural, scientific, social and technical aspects
of Community policies as well as the various interests of
radio spectrum user
aim of
optimising the use of radio spectrum and of avoiding
harmful interference;

communities with the

interest,

(b) ensure the effective implementation of radio spectrum
policy in the Community, and in particular establish a

(20)

(21)

(22)

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general methodology to ensure harmonised conditions for
the availability and efficient use of radio spectrum;

Article 4

(c) ensure

the

coordinated

of
information concerning the allocation, availability and use
of radio spectrum in the Community;

provision

timely

and

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

Activities pursued under this Decision shall

3.
take due
account of the work of international organisations related to
radio
International
Telecommunication Union (ITU) and the European Conference
of Postal and Telecommunications Administrations (CEPT).

spectrum management,

e.g.

the

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 audio-visual 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

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

(cid:145)radio spectrum(cid:146)

Article 3

Committee procedure

Function of the Radio Spectrum Committee

in Article 1,

the aim set out

In order to meet

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
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.

the

for

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
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).

information availability,

the Commission shall

the Community

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
their
on
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).

deadline

and

the

for

issued pursuant

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

the mandate are not acceptable,

results of

the

The Commission shall be assisted by a committee ((cid:145)the

1.
Radio Spectrum Committee(cid:146)).

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

4.

The Committee shall adopt its rules of procedure.

5.
The measures referred to in paragraphs 3 and 4 may,
where appropriate, provide the possibility for
transitional
radio spectrum sharing arrangements in a
periods and/or
Member State to be approved by the Commission, where
justified,
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.

taking into account

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).

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and

implementation

7. With a view to contributing to the
formulation,
radio
preparation
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.

of Community

Article 5

Availability of information

and information on rights,

Member States shall ensure that their national radio frequency
allocation table
conditions,
procedures, 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
relevant
accordance with
in
harmonisation measures taken under Article 4.

applicable

the

Article 6

Relations with third countries and international
organisations

The Commission shall monitor developments regarding
and in international
the
implications

1.
radio spectrum in third countries
organisations, which may
implementation of this Decision.

have

for

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

the implementation of

3.
The Commission shall report regularly on the results of
the application of paragraphs 1 and 2 to the European
Parliament 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

Article 8

Confidentiality

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

confidentiality,

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.

1

shall

Paragraph

of
not
3.
information on conditions linked to the granting of rights to
use radio spectrum which does not include information of a
confidential nature.

publication

preclude

Article 9

Report

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

and the Council on the

Article 10

Implementation

take all measures necessary, by laws,
Member States shall
regulations
the
administrative
implementation of this Decision and all resulting measures.

provisions,

and

for

Article 11

Entry into force

This Decision shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

Article 12

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 7 March 2002.

information
Member States shall give the Commission all
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).

For the European Parliament

The President

P. COX

For the Council

The President

J. C. APARICIO