Proposal for a Directive of the European Parliament and of the Council repealing Council Directive 90/544/EEC on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community
Date: 2005-08-03
Institutions: European Commission
Subjects: approximation of laws, electronic mail, telecommunications, trans-European network, transmission network, waveband

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.8.2005 
COM(2005) 361 final 

2005/0147 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

repealing Council Directive 90/544/EEC on the frequency bands designated for the 
coordinated introduction of pan-European land-based public radio paging in the 
Community 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

This  proposal  aims  at  repealing  Directive  90/544/EEC  of  9  October  1990  on  the 
frequency  bands  designated  for  the  coordinated  introduction  of  pan-European  land-
based  public  radio  paging  in  the  Community  (ERMES  Directive).  Upon  such  repeal, 
the Commission will adopt a new harmonised spectrum plan for this band to meet EC 
policy  objectives  pursuant  to  Decision  676/2002/EC  of  the  European  Parliament  and 
the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in 
the European Community (Radio Spectrum Decision). 

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•  General context 

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The  ERMES  Directive  specifying  spectrum  use  for  pan-European  land-based  public 
radio  paging  services  (ERMES)  no  longer  meets  EC  policy  needs  as  it  requires 
reservation  in  the  169.4  to  169.8  MHz  band  of  four  channels  for  ERMES  and  of  the 
whole  band  according  to  commercial  demand.  Use  of  the  band  by  ERMES  has 
decreased or even ceased and ERMES has been replaced by other technologies such as 
short messaging systems (SMS) over GSM. 

As harmonised use  of  the  band may support other applications of EC policy interest, 
the Commission issued in 2003 a mandate to the European Conference of Postal and 
Telecommunications  Administrations  (CEPT)  pursuant  to  the  Radio  Spectrum 
Decision  to  collect  information  on  possible  uses  of  the  band,  identify  options  for  EC 
policy  needs,  and  propose  technical  and  regulatory  solutions,  considering  electronic 
communications  and  other  EC  objectives  such  as  social  inclusion  of  people  with 
disabilities. 

•  Existing provisions in the area of the proposal 

This  matter  is  governed  by  the  ERMES  Directive  to  be  repealed;  a  new  harmonised 
plan should be adopted by the Commission. 

•  Consistency with other policies and objectives of the Union 

Upon the ERMES directive repeal, the Commission will adopt  a  new  frequency  plan 
and  channel  arrangement  allowing  for  six  types  of  applications  to  share  the  band  to 
meet  EC  needs  in  consistency  with  other  EU  policies  and  objectives.  These 
applications  include  hearing  aids  for  hearing  impaired  people,  which  would  improve 
travelling  conditions  in  the  EC  and  benefit  from  economies  of  scale  and  price 
decreases; social alarms allowing elderly people to send alarm messages; asset tracking 
or tracing devices to track stolen goods in the EC; meter reading systems for water and 
electricity utility companies, and existing paging systems such as ERMES and private 
mobile radio systems. 

Framework  Directive  2002/21/EC  requires  the  needs  of  special  social  groups  of 
citizens  such  as  disabled  users  to  be  addressed;  the  Vitoria  Informal  Council  of 
Ministers  for  telecommunications  required  that  accessibility  to  all  electronic  services 

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be  ensured  for  disabled  or  older  persons,  and  eEurope  2005  action  plan  adopted  by 
European Council on 21-22 June 2002 in Sevilla underlined importance of access for 
all  citizens  to  online  public  services,  TV  and  mobile  phones,  in  particular  broadband 
access, spectrum policies and multi-platform content. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

Use of the 169.4 to 169.8 MHz band has been constantly reviewed by the Commission. 

In  1998,  a  study  was  conducted  for  the  Commission  on  radio  paging  markets  in 
Europe, including 149 interviews with industry, users and authorities. 

Based  on  Commission’s  mandate,  CEPT  inquired  from  2002  to  2004  on  current  and 
future uses of the band; information and applications proposals were collected through 
interviews. Questionnaires were sent and opinions sought from national authorities, the 
European  Telecommunications  Standardisation  Institute, 
industry,  user  groups, 
disabled people associations and other interested parties. 

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Summary of responses and how they have been taken into account 

The 1998 study showed that use of ERMES was not developing and had ceased to be 
developed by several manufacturers. 

In  its  2004  report  to  the  Commission,  CEPT  concluded  that  use  of  the  band  for 
ERMES had strongly diminished and should be reorganised for other applications. 

Retained  applications  are  those  most  relevant  from  both  a  technical  and  EC  policy 
point  of  view;  these  include  social  alarms,  meter  readers,  tracking  and  asset  tracing 
systems, paging systems, private mobile radio communications and hearing aids. 

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•  Collection and use of expertise 

Scientific/expertise domains concerned 

Spectrum management, electronic communications; technical expertise of CEPT. 

Methodology used 

The  Commission  issued  a  mandate  to  CEPT  who  produced  a  report  which  the 
Commission, assisted by the Radio Spectrum Committee, has examined. 

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Main organisations/experts consulted 

National  authorities,  ETSI,  ERMES  users  and  potential  users  of  alternative 
applications,  hearing 
impaired  people  associations,  communications  operators, 
manufacturers and other interested parties. 

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2249 

Summary of advice received and used 

Existence  of  potentially  serious  risks  with  irreversible  consequences  has  not  been 
mentioned. 

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Commission  noted  from  CEPT  report  that  use  of  the  band  for  ERMES  had 
considerably decreased and that six types of applications could share the band to meet 
EC policy needs. 

To  use  the  169.4  to  169.8  MHz  band  most  efficiently,  ERMES  Directive  should  be 
repealed and a new harmonised plan be introduced by Commission decision. 

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Means used to make the expert advice publicly available 

CEPT report is at: 
https://forum.europa.eu.int/Members/irc/infso/radiospectrum/library?l=/members/docu
mentsv2004/rscom04-69_ermesdoc/_EN_1.0_  

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•  Impact assessment 

The  Commission  envisaged  various  solutions  for  spectrum  harmonisation  for  EC 
policies.  Self  or  co-regulation  or  regulation  by  national  authorities  could  not  repeal 
ERMES Directive to ensure timely and harmonised introduction of a new plan to meet 
EC policy objectives. 

A  Council  and  EP  Directive  is  necessary  to  repeal  the  ERMES  Directive;  a 
Commission decision would then be adopted with a new harmonisation plan prepared 
by  the  Commission  with  CEPT  technical  expertise,  assisted  by  the  Radio  Spectrum 
Committee. 

Positive social impacts of new harmonised plan will include increased social inclusion 
and  mobility  of  hearing  impaired  people  and  elderly  in  EC,  protection  against  theft, 
safety of more efficient monitoring capabilities by utilities companies and appropriate 
electronic communications tools. 

The  new  plan  would  benefit  various  EC  sectors  and  businesses  including  radio 
communications  equipment,  water  and  electricity  sectors,  communications  services, 
theatres, exhibition and conference halls, schools and social care entities. 

Positive  economic  impacts  include  reduction  in  prices  for  hearing  aids  and  social 
alarms,  increased  employment  and  travelling  possibilities  for  impaired  people,  lower 
insurance costs and increased retrieval of stolen goods, lower monitoring and operating 
costs for utility companies, new manufacturing, investment and services opportunities, 
new types of applications, increased competitiveness and economies of scale with radio 
equipment operational throughout EC. 

There are no particular relevant environmental impacts. 

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3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The proposal is to repeal the ERMES Directive so that a new plan of the 169.4 to 169.8 
MHz  band  could  meet  current  and  new  EC  policy  needs,  to  be  established  by  a 
Commission decision adopted pursuant to the Radio Spectrum Decision. 

•  Legal basis 

Article 95 EC Treaty. 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of EC. 

The  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  Member  States  for 
the following reasons. 

Ensuring  harmonised  use  of  the  169.4  to  169.8  MHz  band  to  fulfil  EC  policy  needs 
cannot  be  done  satisfactorily  by  Member  States  acting  individually  and  can  be  better 
achieved at EC level by internal market measures under the Radio Spectrum Decision. 
Adoption of new plan requires repeal of ERMES directive. 

Repeal  of  ERMES  Directive  can  only  be  done  at  EC  level  by  a  directive.  The  new 
harmonised plan needs to be adopted at EC level to ensure that EC policy objectives 
are  met  in  a  timely  and  harmonised  way.  Without  such  new  harmonised  plan,  new 
applications with social and economic advantages for Member States could not appear. 

EC action will better achieve the proposal objectives for following reasons. 

Repeal  of  ERMES  Directive  and  replacement  of  the  plan  by  another  EC  binding 
measure are necessary to ensure timely and harmonised introduction of the new plan in 
Member States. Without such EC measure, no harmonised and timely solution can be 
guaranteed. 

ERMES directive no longer meets EC needs. Harmonised use of 169.4 to 169.8 MHz 
band may support other applications fulfilling current EC policy objectives. 

Member  States  cannot  repeal  the  ERMES  directive  and  cannot  ensure  that  a  new 
spectrum plan be introduced in a timely and harmonised way at EC level. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The  ERMES  directive  will  be  repealed  and  new  spectrum  plan  introduced  by  the 
Commission. Only spectrum strictly necessary for EC applications will be harmonised. 
Applications  which  do  not  need  harmonised  spectrum  will  not  be  harmonised  at  EC 

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level.  Considering  evolution  of  technology  and  consumers  needs,  the  band  would  be 
kept under review. 

The  new  plan  was  elaborated  with  CEPT  technical  expertise  and  national  experts 
without new unnecessary financial or administrative burden at EC, national or regional 
levels.  The  new  plan  will  offer  economies  of  scale  as  well  as  additional  and  more 
effective services in EC to operators and users. 

•  Choice of instruments 

Proposed instruments: directive. 

Other means would not be adequate for the following reason(s). 

Only  a  directive  can  repeal  the  ERMES  directive.  The  plan  of  that  directive  will  be 
replaced  by  a  new  effective  and  more  appropriate  plan  based  on  a  Commission 
decision under the Radio Spectrum Decision. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for EC budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation, of administrative procedures for 
public authorities (EU or national), and of administrative procedures for private parties. 

Upon repeal of the Directive, adoption of the new plan by the Commission will relieve 
European Parliament and Council from technical work on spectrum management. 

Spectrum harmonisation will ease the task of national authorities with a clear table for 
allocation of spectrum for harmonised applications. 

Harmonised  spectrum  will  simplify  manufacture,  sale  and  use  of  new  applications  in 
EC and open new opportunities for users with special needs. 

The  proposal  is  included  in  the  Commission's  rolling  programme  for  up-date  and 
simplification of the acquis communautaire. 

•  Repeal of existing legislation 

Adoption of the proposal will lead to repeal of existing legislation. 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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2005/0147 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

repealing Council Directive 90/544/EEC on the frequency bands designated for the 
coordinated introduction of pan-European land-based public radio paging in the 
Community 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND 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 Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

(3) 

1 
2 
3 
4 
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Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated 
for the coordinated introduction of pan-European land-based public radio paging in the 
Community5 required Member States to designate, by 31 December 1992, in the 169.4 
to  169.8  MHz  radio  spectrum  band  four  channels  for  the  pan-European  land-based 
public  radio  paging  service  (hereinafter  “ERMES”)  and  to  prepare,  as  quickly  as 
possible,  plans  to  enable  pan-European  public  radio  paging  service  to  occupy  the 
whole band 169.4 to 169.8 MHz according to commercial demand. 

Use  of  the  169.4  to  169.8  MHz  spectrum  band  for  ERMES  in  the  Community  has 
decreased or even ceased, so that this band is not currently being efficiently utilised by 
ERMES and could be better used to fulfil other Community policy needs. 

Decision  No  676/2002/EC  of  the  European  Parliament  and  the  Council  of  7  March 
2002  on  a  regulatory  framework  for  radio  spectrum  policy  in  the  European 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 310, 9.11.1990, p.28. 

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Community  (Radio  Spectrum  Decision)6  established  a  Community  policy  and  legal 
framework  to  ensure  coordination  of  policy  approaches  and,  where  appropriate, 
harmonised  conditions  with  regard  to  availability  and  efficient  use  of  the  spectrum 
band necessary for establishment and functioning of the internal market. This Decision 
allows  the  Commission  to  adopt  technical  implementing  measures  to  ensure 
harmonised conditions for the availability and efficient use of the spectrum band. 

(4) 

(5) 

(6) 

Since the 169.4  to  169.8  MHz band is appropriate for applications benefiting people 
with impairments or disabilities, and considering that promotion of such applications 
is  a  policy  objective  for  the  Community  together  with  the  general  objective  of 
ensuring  the  functioning  of  the  internal  market,  the  Commission  pursuant  to  Article 
4(2) of the Radio Spectrum Decision issued a mandate to the European Conference of 
Postal and Telecommunications Administration (hereinafter  “the CEPT”) to examine 
among others applications related to assistance for people with disabilities. 

As mandated, the CEPT produced a new frequency plan, and a channel arrangement 
allowing six types of preferred applications to share the band in order to meet several 
Community policy needs. 

For  these  reasons  and  in  accordance  with  the  objectives  of  the  Radio  Spectrum 
Decision, Directive 90/544/EEC should be repealed. 

HAVE ADOPTED THIS DIRECTIVE: 

Directive 90/544/EEC is repealed with effect from […]. 

Article 1 

Article 2 

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

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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OJ L 108, 24.4.2002, p. 1. 

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