Proposal for a Directive of the European Parliament and of the Council repealing Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community
Date: 2007-07-25
Institutions: European Commission
Subjects: approximation of laws, radio telecommunications, telecommunications, waveband

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.7.2007 
COM(2007) 367 final 

2007/0126 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

repealing Council Directive 87/372/EEC on the frequency bands to be reserved for the 
coordinated introduction of public pan-European cellular digital land-based mobile 
communications in the Community 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

This proposal aims at repealing Council Directive 87/372/EEC of 25 June 1987 on the 
frequency  bands  to  be  reserved  for  the  coordinated  introduction  of  public  pan-
European  cellular  digital  land-based  mobile  communications  in  the  Community 
(hereinafter GSM Directive) in order to allow the use of such bands by systems capable 
of providing electronic communication services not limited to GSM. 

The  objective  is  to  allow  a  larger  choice  of  services  and  technologies  and  thereby  to 
maximise  competition  in  the  use  of  the  bands  so  far  covered  by  the  GSM  Directive, 
while ensuring that services remain coordinated and protecting the continued operation 
of GSM. To do so, the use of this spectrum would be allowed, besides for GSM, also 
for pan-European electronic communication services other than GSM. As a first step, 
this would include UMTS. This requires new harmonised technical conditions for the 
spectrum band in question which would be defined pursuant to a Commission Decision 
to  be  adopted  based  on  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 (hereinafter Radio Spectrum Decision). 

120 

•  General context 

The  GSM  Directive  presently  requires  Member  States  to  reserve  the  whole  890-915 
MHz and 935-960 MHz bands for GSM. This constraint prevents the bands from being 
used  by  pan-European  systems  other  than  GSM,  capable  of  providing  advanced 
interoperable  voice,  data  and  multimedia  services  with  a  high  delivery  bandwidth. 
These new pan-European systems, such as the UMTS system, offer capabilities beyond 
the  GSM  system  and  have  since  the  adoption  of  the  GMS  Directive  20  years  ago 
become viable thanks to technological developments. Moreover, there is a clear market 
for related services. 

As the 900 MHz band covered by the GSM Directive has propagation characteristics 
which  allow  coverage  at  lower  cost  of  large  areas,  it  is  better  suited  to  cover  less 
densely populated and rural areas than higher frequency bands. 

A  repeal  of  the  GSM  Directive  would  allow  overcoming  the  present  limitation  of 
spectrum  usage  to  GSM,  but  must  be  complemented  by  appropriate  technical 
harmonisation measures to preserve the present harmonised status of the band, and to 
guarantee  the  protection  of  the  GSM  services  currently  using  the  bands.  As  a  result, 
technical conditions allowing for a coexistence of new systems for which the 900 MHz 
band is to be opened, alongside with GSM systems must be legally established. 

In  line  with  the  policy  of  better  regulation,  the  Radio  Spectrum  Decision  offers  the 
legal  means  for  adopting  such  harmonising  measures.  It  foresees  a  mechanism 
allowing comparatively rapid reactions to technical evolution and the adoption at EU 
level  of  binding  technical  harmonisation  measures  in  the  form  of  Commission 
Decisions which provide legal certainty to the harmonised use of the band. 

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As foreseen by Article 4(2) of the Radio Spectrum Decision, the Commission issued on 
5 July 2006 in the present case a Mandate to the European Conference of Postal and 
Telecommunications  Administrations  (hereinafter  CEPT)  covering  the  900  MHz  (as 
well as the 1800 MHz bands). To start with, CEPT examined whether it was possible to 
introduce  UMTS  throughout  the  EC  in  the  900  and  1800  MHz  bands  in  urban,  sub-
urban  and  rural  areas  in  co-existence  with  GSM  networks,  and  defined  technical 
conditions  ensuring  sufficient  carrier  separation  to  this  extent.  Further  technical 
conditions  for  the  coexistence  in  this  band  of  GSM  with  other  systems  with  pan-
European  coverage  capabilities  will  be  defined  at  a  later  stage  as  such  systems  are 
technically defined. 

While  the  900  MHz  band  is  being  opened  for  additional  systems,  the  current  use  of 
GSM in that band should remain protected in the whole Community as long as there is 
a reasonable demand for the service, considering the high importance of GSM services 
for electronic communications policy in the Community. 

The Commission also considers it essential that appropriate protection be ensured for 
existing  users  in  neighbouring  bands  and  that  prospective  systems  for  aviation 
communications  above  960  MHz,  which  play  a  role  to  fulfil  EC  policy  objectives  in 
this sector, are taken into account. In the context of the mandate, CEPT gave technical 
advice in this respect. 

Finally, in order to offer a maximum of flexibility in using the bands, Member States 
would also remain free to introduce in the 900 MHz (and 1800 MHz) bands at national 
level  additional  systems  alongside  GSM  and  other  recognised  terrestrial  systems 
capable  of  providing  pan-European  electronic  communications  services,  but  provided 
that such additional systems can coexist with these pan-European systems. 

•  Existing provisions in the area of the proposal 

The use of the frequency bands in question is governed by the GSM Directive which is 
to  be  repealed;  a  Decision  prepared  pursuant  to  the  Radio  Spectrum  Decision  and 
establishing  the  new  harmonised  spectrum  usage  conditions  is  to  be  adopted  by  the 
Commission to enter into force when the GSM Directive is effectively repealed. 

•  Consistency with other policies and objectives of the Union 

Radio  Spectrum  Policy  must  cope  with  the  growing  and  evolving  variety  of  radio 
access  platforms for public wireless communications and ensure compliance with the 
overall policy goal to develop the EU internal market and European competitiveness, 
by ensuring an innovation-friendly regulatory environment leading to the provision of a 
wide variety of mobile services and applications. 

in 

The achievement of this overall objective will be fostered by the introduction of more 
flexibility 
the  management  of  spectrum  resources  for  wireless  electronic 
communications,  while  maintaining  harmonisation  where  necessary.  Least  restrictive 
technical conditions should generally apply to the use of frequency bands, based on the 
WAPECS approach (Wireless Access Policy for Electronic Communications Services) 
which  was  described  by  the  Radio  Spectrum  Policy  Group  (hereinafter  RSPG)  in  its 
Opinion of 23 November 2005 as setting technological neutrality and service neutrality 
as policy goals to achieve a more flexible and efficient use of spectrum. These goals 

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would be introduced in a gradual manner to avoid disruption of the market. 

The Commission also insisted on a more flexible use of spectrum in its Communication 
on "Rapid access to spectrum for wireless electronic communications services through 
more flexibility"1, and on the need for a consistent and proportionate solution regarding 
the  introduction  of  a  more  flexible  spectrum  use  for  electronic  communications 
services  with  regard 
third  generation  (UMTS  e.g.) 
communications.  

to  second  (GSM)  and 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The use of the 900 MHz band, the development of IMT-2000 systems including UMTS 
and  the  evolution  of  spectrum  use  towards  more  flexibility  have  been  under  constant 
review by the Commission. 

On 21 February 2006 in Brussels, a workshop was organised on WAPECS. 

Based on a Mandate of 5 July 2006 from the Commission, several studies have been 
conducted  by  CEPT  and  its  Electronic  Communications  Committee's  (hereinafter 
ECC)  and  transmitted  to  the  Radio  Spectrum  Committee  (hereinafter  RSC)  and  the 
Commission; these include ECC Report 82 on Compatibility of UMTS operating in the 
GSM  900  and  GSM  1800  frequency  bands  (May  2006),  and  ECC  Report  96  on 
compatibility  between  UMTS  900/1800  and  systems  operating  in  adjacent  bands 
(March  2007).  These  reports  have  been  subject  to  public  consultation  under  the 
auspices of the ECC. 

ECC  has  conducted  studies  and  adopted  a  series  of  reports  since  1997  regarding  the 
implementation of UMTS and has enquired on the current and future uses of the 900 
MHz  band.  CEPT  has  liaised  with  standardisation  instances  dealing  with  IMT-2000 
family of standards (including UMTS), such as the 3rd Generation Partnership Project 
(3GPP) which groups the telecommunications standards bodies from different regions 
(ARIB,  CCSA,  ETSI,  ATIS,  TTA,  and  TTC)  and in which industry is represented to 
develop system specifications. Based on this information, ECC studied the possibility 
to  insert  UMTS  channels  in  bands  used  by  GSM  without  creating  interference  with 
respect to adjacent GSM channels. Studies continue to cover other systems which are 
part of the ITU IMT-2000 family. 

Studies  have  also  been  carried  out  to  examine  the  potential  impact  on  services  and 
the  European 
systems  operating 
Telecommunications Standardisation Institute (ETSI), industry, user groups and other 
interested  parties  have  taken  part  in  a  dedicated  project  team  (PT1)  of  ECC,  where 
information on adjacent band systems was collated and studied. 

in  adjacent  bands.  National  authorities, 

A public consultation has been organised by ECC in 2006 prior to the adoption of ECC 
decision ECC/DEC/(06)13 which recommends opening the 900 and 1800 MHz bands 
to systems other than GSM. 

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COM(2007)50 

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212 

Summary of responses and how they have been taken into account 

The ECC reports conclude that UMTS networks can be deployed in urban, sub-urban 
and  rural  areas  in  co-existence  with  GSM900/1800  networks  by  using  appropriate 
values for carrier separation. 

The first new system to be introduced in the 900 MHz band is therefore UMTS which 
is  relevant  from  both  a  technical  and  EC  policy  point  of  view  as  it  would  allow  the 
further  deployment  of  pan-European  electronic  communications  services,  so  that  the 
same  or  equivalent  services  in  terms  of  functionality  should  be  accessible  to  all 
consumers throughout the Community. 

The public consultation conducted by the ECC for the Commission on Reports 82 and 
96 have shown that there is extensive support from the mobile industry for an opening 
of the frequency bands formerly reserved for GSM systems with clear benefits for the 
industry and consumers. Some of the users in adjacent frequency bands initially raised 
concerns  about  possible  interference,  but  these  concerns  where  dealt  within  the 
relevant  CEPT  Report  96  and  through  the  explicit  protection  provided  to  GSM  by 
Article 3 of the future Commission Decision replacing the GSM Directive. 

•  Collection and use of expertise 

221 

Scientific/expertise domains concerned 

Spectrum  management,  electronic  communications;  technical  expertise  of  CEPT  as 
well as of standardisation bodies. 

222 

Methodology used 

As  foreseen  in  the  Radio  Spectrum  Decision,  the  Commission  issued  a  Mandate  to 
CEPT which produced a report that the Commission, assisted by the Radio Spectrum 
Committee,  has  examined.  The  opinions  of  users  in  neighbouring  bands  were  also 
taken into consideration. On the basis of Article 4.4 of the Radio Spectrum Decision, 
the  Commission  has  also  considered  it  necessary  to  ensure  that  new  systems  give 
appropriate protection to existing systems in adjacent bands, as well as eventually take 
into  account  prospective  aeronautical  communications  systems  operating  above  960 
MHz which are in support of European transport policy. 

223 

Main organisations/experts consulted 

National  authorities,  ETSI,  GSM  and 
operators, manufacturers and other interested parties. 

third-generation  users,  communications 

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 the ECC reports that use of the band for GSM could be shared 
with UMTS as another pan-European communications  system, to  meet EC electronic 
communications policy objectives. 

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To use the 900 MHz band more efficiently, GSM Directive should be repealed and a 
new harmonised plan be introduced by Commission decision. 

226 

Means used to make the expert advice publicly available 

CEPT reports are available at: 

http://www.ero.dk/documentation/docs/docfiles.asp?docid=2168&wd=N 
http://www.ero.dk/documentation/docs/docfiles.asp?docid=2201&wd=N. 

and Reports to the RSC:  

http://ec.europa.eu/information_society/policy/radio_spectrum/docs/ref_docs/rsc18_pu
blic_docs/rsc06_99_ecc_int_rep_wapecs.pdf. 

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•  Impact assessment 

As self or co-regulation or regulation by national authorities could not repeal the GSM 
Directive  to  ensure  a  timely  and  harmonised  introduction  of  a  new  plan  to  meet  EC 
policy  objectives,  a  Council  and  EP  Directive  is  necessary  to  repeal  the  GSM 
Directive. Upon such repeal, a Commission Decision based prepared according to the 
provisions  of  the  Radio  Spectrum  Decision  is  consequently  to  be  adopted  to  put  in 
place a new harmonisation measure prepared by the Commission with CEPT technical 
expertise, and assisted by the RSC. 

The  new  plan  would  benefit  the  whole  electronic  communications  sector  and 
consumers. It is important for the internal market that the conditions of use of the 900 
MHz band are both open and harmonised at EU level so as to facilitate the introduction 
of  pan-European  services  and  to  offer  consumers  as  much  freedom  in  the  choice  of 
services, and spectrum users in the choice of technologies, as possible. Availability of 
radio spectrum will contribute in ensuring the achievement of the Lisbon agenda and 
the i2010  initiative– A European Information Society for growth and employment2 to 
harness  the  potential  of  the  digital  economy  to  deliver  growth,  jobs  and  widespread 
availability of modern services. 

In  particular,  the  measure  would  benefit  European  citizens  by  reducing  significantly 
the  hurdles  to  the  deployment  of  advanced  mobile  communication  services  and 
overcoming the geographical digital divide. Systems other than GSM are expected to 
develop and spread throughout Europe more rapidly geographically, especially in rural 
areas.  New  high-performing  wireless  data  and  multimedia  services  (e.g.  internet 
browsing  and  mobile  TV)  need  access  networks  such  as  3G  mobile  networks  using 
UMTS technology that offer higher data rates than GSM. 

The  measure  would  also  increase  the  quality  of  services  and  lower  the  cost  for  the 
consumer.  3G  mobile  networks  are  currently  confined  to  higher  frequencies  which 
offer less favorable propagation characteristics than the 900 MHz band, and therefore 

2 

Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions, COM(2005) 229 final. 

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create  higher  network  deployment  costs.  Furthermore,  the  use  of  higher  frequency  is 
less  suited  to  penetrate  buildings,  to  the  detriment  of  service  quality  and  consumer 
prices. 

Finally, it would contribute to the economic development of the sector by facilitating 
the deployment of advanced mobile communication services. It will open new revenue 
streams  to  operators  and  increase  the  demand  for  equipment  (network  infrastructure, 
new generations of terminals). 

The measure would have a positive impact on the environment as it would reduce the 
number of necessary base stations through the use of lower frequencies; it would also 
reduce the risk of disputes over suitable base station locations. 

Concerning  the  environmental  impact,  the  need  to  ensure  continuous  protection  of 
health  against  electromagnetic  emissions  is  not  affected  by  the  proposed  measures. 
This  issue  is  covered  by  Directive  2004/40/EC  of  the  European  Parliament  and  the 
Council  of  29  April  2004  on  the  minimum  health  and  safety  requirements  regarding 
the  exposure  of  workers  to  the  risks  arising  from  physical  agents  (electromagnetic 
fields), and Council Recommendation 1999/519/EC of 12 July 1999 on the limitation 
of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz). Health 
protection  for  radio  equipment  is  ensured  by  conformity  of  such  equipment  to  the 
essential  requirements  pursuant  to  Directive  1999/5/EC  of  the  European  Parliament 
and  of  the  Council  of  9  March  1999  on  radio  equipment  and  telecommunications 
terminal  equipment  and  the  mutual  recognition  of  their  conformity  (the  R&TTE 
Directive). 

The Commission is keeping the health effects of electromagnetic fields under constant 
review;  in  this  respect,  its  Scientific  Committee  on  emerging  and  newly  identified 
health  risk  (SCENIHR)  has  recently  undertaken  a  comprehensive  review  of  new 
scientific data emerging from recent studies. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

In order to allow the usage of the 900 MHZ and 1800 MHz band in line with EC policy 
objectives  and  with  market  demand  for  mobile  communications,  it  is  proposed  to 
repeal  Directive  87/372/EEC  and  to  adopt  a  Commission  Decision  pursuant  to  the 
Radio  Spectrum  Decision  which  would  harmonise  the  new  usage  conditions  for  the 
bands 
in  question  allowing  additional  more  advanced  pan-European  mobile 
communications services. 

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320 

•  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. 

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321 

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

Ensuring  harmonised  use  of  the  900  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  adopted  under  the  Radio  Spectrum  Decision. 
However, the adoption of new plan requires repeal of GSM Directive. 

The repeal of the GSM Directive can only be done at EC level by a Directive. The new 
harmonised technical conditions for the use of 900 MHz need to be adopted at EC level 
so as to ensure that EC policy objectives are met in a timely and harmonised way.  

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

Repeal of GSM Directive and adoption of coexistence conditions for GSM and UMTS 
by a binding EC harmonisation measure are necessary to ensure timely and harmonised 
introduction of the new spectrum usage conditions in Member States. Without such an 
EC measure, no harmonised and timely solution can be guaranteed. 

The  GSM  Directive  prevents  the  use  of  the  900  MHz  band  by  other  pan-European 
systems,  such  as  UMTS,  and  therefore  acts  as  a  hurdle  to  the  deployment  of 
information  society  in  the  EU.  A  harmonised  use  of  the  900  MHz  band  may  support 
additional applications fulfilling current EC policy objectives. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

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

The  GSM  Directive  will  be  repealed  and  new  technical  conditions  for  the  900  MHz 
band  will  be  introduced  by  the  Commission  acting  with  the  assistance  of  the  RSC, 
while preserving the operation of GSM services. The proposed measures are limited to 
spectrum  bands  relevant  to  electronic  communications  services  for  pan-European 
applications.  Considering  the  evolution  of  technology  and  consumers  needs,  these 
bands would be kept under review so that additional pan-European systems could also 
be introduced and coexist with GSM and UMTS. 

The  measure  does  not  cover  the  issuance  by  Member  States  of  the  rights  to  use  the 
spectrum. 

Where possible, Member States will be able to also introduce additional systems in the 
band  provided  that  these  can  co-exist  with  GSM  systems  and  other  pan-European 
systems listed in the Annex – starting with UMTS - on their own territory as well as in 
neighbouring Member States. 

The  new  technical  conditions  were  elaborated  with  CEPT  technical  expertise  and 
national experts without causing new unnecessary financial or administrative burden at 
EC, national or regional levels. They will allow the offering of additional economies of 
scale, better coverage of rural areas as well as additional and more effective services in 
EC to operators and users. 

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•  Choice of instruments 

Proposed instruments: directive under Article 95 EC. 

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

Only  a  directive  can  repeal  the  GSM  Directive  which  was  adopted  on  the  basis  of 
Article (old) 100 EC. While GSM operation which was made possible by this Directive 
will  remain  protected,  the  decision  will  ensure  that  other  pan-European  systems, 
including in a first step UMTS, can coexist with GSM in the 900 MHz band. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for EC budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  provides  for  better  regulation  and  simplification  of  legislation,  of 
administrative procedures for public authorities (EU or national), and of administrative 
procedures for private parties. The GSM Directive to be repealed poses an obstacle for 
technological progress and deprives industry and consumers from appropriate spectrum 
for new advanced services. 

The repealing of the Directive and the adoption of a harmonisation measure specifying 
the  new  usage  conditions  constitute  a  change  of  regulatory  approach  which  is 
commensurate with the intention of the Radio Spectrum Decision to anchor technical 
work  on  spectrum  management  at  the  level  of  implementing  measures  thereby 
relieving the European Parliament and Council from detailed technical considerations. 

Spectrum  harmonisation  will  ease  the  task  of  and  meets  the  expectations  of  national 
authorities. 

The  harmonised  spectrum  usage  conditions  will  open  new  opportunities  for  mobile 
communications operators and for mobile users, in particular in rural areas. 

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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2007/0126 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

repealing Council Directive 87/372/EEC on the frequency bands to be reserved for the 
coordinated introduction of public pan-European cellular digital land-based mobile 
communications 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 Commission3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty6, 

Whereas: 

(1) 

The 890-915 and 935-960 MHz frequency bands (the 900 MHz band) were reserved 
and  were  to  be  occupied  for  the  public  pan-European  cellular  digital  mobile 
communications  service,  provided  in  each  of  the  Member  States  to  a  common 
specification,  identified  by  Council  Directive  87/372/EEC  of  25  June  1987  on  the 
frequency  bands  to  be  reserved  for  the  coordinated  introduction  of  public  pan-
European  cellular  digital  land-based  mobile  communications  in  the  Community7, 
complemented  by  Council  recommendation  of  25  June  1987  on  the  coordinated 
introduction  of  public  pan-European 
land-based  mobile 
communications in the Community8 and by Council Resolution of 14 December 1990 
on the final stage of the coordinated introduction of pan-European land-based public 
digital mobile cellular communications in the Community (GSM)9. 

cellular  digital 

3 
4 
5 
6 
7 
8 
9 

OL.C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 196, 17.7.1987, p.85. 
OJ L 196, 17.7.1987, p.81. 
OJ C 329, 31.12.1990, p.25. 

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(2) 

To contribute to the objectives of the i2010 initiative "A European Information Society 
for growth and employment"10 and the internal market and to maximise competition, 
the use of the 900 MHz band should be opened as much as possible to additional types 
of  technologies  provided  that  it  remains  coordinated  to  introduce  compatible  pan-
European services while allowing users as much freedom in the choice of services and 
technologies as possible. 

(3)  Market  developments  have  led  to  a  general  support  from  industry  to  remove  the 
reservation of the 900 MHz band for GSM, so that new digital technologies capable of 
providing  innovative  pan-European  services  and  coexisting  with  GSM  can  be 
deployed  in  the  890-915  and  935-960  MHz  frequency  bands.  These  bands  offer 
propagation  characteristics,  which  allow  coverage  of  larger  distances  than  higher 
frequency bands, with the effect that modern voice, data and multimedia services can 
be transported into less densely populated and rural areas. 

(4) 

(5) 

(6) 

Decision  n°  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)11  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  radio 
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  availability  and  efficient  use  of  the  radio 
spectrum band. 

In accordance with the principles and objectives of the Radio Spectrum Decision, the 
Commission  issued  to  the  European  Conference  of  Postal  and  Telecommunications 
Administrations (hereinafter the CEPT) an initial mandate to develop least restrictive 
technical conditions for frequency bands including in the 900 MHz band. 

As  mandated,  the  CEPT  produced  technical  conditions  for  coexistence  of  UMTS  in 
the 900 MHz with GSM operating in the same band based on the principle that since 
the 900 MHz band has been allocated to and is widely used for GSM systems in the 
Community,  such  coexistence  should  ensure  full  compatibility  between  GSM  and 
UMTS to protect the current use of 900 MHz band by GSM in the whole Community 
as long as there is a demand. 

(7) 

In order to remove the reservation of the 900 MHz band for GSM so that new digital 
technologies can be deployed in that band in coexistence with GSM systems, Directive 
87/372/EEC should be repealed. 

HAVE ADOPTED THIS DIRECTIVE: 

Council Directive 87/372/EEC is repealed with effect from ... 

Article 1 

10 

11 

Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions, COM(2005) 229 final. 
OJ L 108, 24.4.2002, p.1. 

EN 

11 

   EN 

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

Article 2 

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

12 

   EN