Directive 2005/82/EC of the European Parliament and of the Council of  14 December 2005  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)
Date: 2005-12-14
Institutions: Council of the European Union, European Parliament
Subjects: CEPT, EC Directive, facilities for people with disabilities, repeal, telecommunications policy, waveband

L 344/38

EN

Official Journal of the European Union

27.12.2005

DIRECTIVE 2005/82/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 December 2005

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 EURO-
PEAN UNION,

(3)

(Radio

Decision No 676/2002/EC of the European Parliament and
of the Council of 7 March 2002 on a regulatory frame-
work for radio spectrum policy in the European Commu-
nity
Spectrum Decision) (5)
a
Community policy and legal framework to ensure coordi-
nation of policy approaches and, where appropriate, har-
monised conditions with regard to availability and efficient
use of the spectrum band necessary for the establishment
and functioning of the internal market. That Decision
allows the Commission to adopt technical implementing
measures to ensure harmonised conditions for the avail-
ability and efficient use of the spectrum band.

established

(4)

Since the 169,4 to 169,8 MHz band is appropriate for
applications benefiting people with impairments or dis-
abilities, and considering that promotion of such applica-
tions 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 the European Con-
ference of Postal and Telecommunications Administration
(hereinafter the CEPT) with a mandate to examine, inter
alia, applications related to assistance for people with
disabilities.

(5)

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.

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

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

Whereas:

(1)

(2)

Directive 90/544/EEC (4) required Member States to desig-
nate, 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.

(1) Opinion delivered on 27 October 2005 (not yet published in the Offi-

(6)

cial Journal).

(2) Opinion delivered on 17 November 2005, following non-compulsory

consultation (not yet published in the Official Journal).

(3) Opinion of the European Parliament of 15 November 2005 (not yet
published in the Official Journal) and Council Decision of 1 Decem-
ber 2005.

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

(4) OJ L 310, 9.11.1990, p. 28.

(5) OJ L 108, 24.4.2002, p. 1.

27.12.2005

EN

Official Journal of the European Union

L 344/39

HAVE ADOPTED THIS DIRECTIVE:

Article 3

Article 1

This Directive is addressed to the Member States.

Directive 90/544/EEC is hereby repealed with effect
27 December 2005.

from

Done at Strasbourg, 14 December 2005.

Article 2

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

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
C. CLARKE