Opinion of the European Economic and Social Committee on the 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 COM(2007) 367 final — 2007/0126 (COD)
Date: 2008-01-16
Institutions: European Economic and Social Committee
Subjects: approximation of laws, radio telecommunications, telecommunications, waveband

17.6.2008

EN

Official Journal of the European Union

C 151/25

Opinion of the European Economic and Social Committee on the 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

COM(2007) 367 final — 2007/0126 (COD)

(2008/C 151/08)

On 31 August 2007, the Council decided to consult the European Economic and Social Committee, under
Article 95 of the Treaty establishing the European Community, on the

Proposal for a Directive of the European Parliament and of the Council repealing 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

On 25 September 2007 the Committee Bureau instructed the Section for Transport, Energy, Infrastructure
and the Information Society to prepare the Committee's work on the subject.

Given the urgent nature of
the European Economic and Social Committee appointed
Mr Hernández Bataller as rapporteur-general at its 441st plenary session, held on 16 and 17 January 2008
(meeting of 16 January), and adopted the following opinion unanimously.

the work,

1. Conclusions

The EESC supports the Commission proposal, since it
1.1
will foster innovation and competitiveness, boost competition
on the telecommunications market and extend consumer
choice.

2. Introduction

Under the terms of Council Directive 87/372/EEC of
2.1
25 June 1987 (1), complemented by Council Recommendation
87/371/EEC of 25 June 1987 (2) and the Council Resolution of
14 December 1990 (3),
the 890-915 and 935-960 MHz
frequency bands (known as 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.

2.2 Market developments have led to general support for
removing the reservation of the 900 MHz band for GSM, so
that new and different digital technologies providing innovative
services can be deployed in these frequency bands.

Decision No 676/2002/EC (4) of

2.3
the European Parlia-
ment and of the Council of 7 March 2002 on a regulatory
framework for radio spectrum policy in the European Com-
munity establishes a legal framework to ensure the harmonised
the radio spectrum, where
availability and efficient use of

(1) 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 digit land-based mobile communications in the Community,
OJ L 196 of 17.7.1987, p. 85.

(2) Council Recommendation 87/371/EEC of 25 June 1987 on the coordi-
nated introduction of public pan-European cellular digital land-based
mobile communications in the Community, OJ L 196 of 17.7.1987, p.
81.

(3) 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 (GMS), OJ C 329 of
31.12.1990, p. 25.

(4) OJ L 108 of 24.4.2002, p. 1.

required to implement Community policies in areas such as
communications, transport, broadcasting and research and tech-
nological research (RTD).

The EESC supported the proposal for this decision (5), consid-
ering that it would guarantee the rational, equitable, effective
and economic use of frequencies for all radiocommunications
services.

2.4

The purpose of the decision is to:

— set up a regulatory committee, to be called the Radio Spec-
trum Committee (RSC), responsive to technological and
regulatory developments in the radiocommunications field
and allowing for proper consultation of all relevant radio
spectrum user communities. The Committee advises the
Commission when issuing mandates to the CEPT (European
Conference of Postal and Telecommunications Administra-
tions) and gives a regulatory opinion on technical
imple-
mentation measures aimed at harmonised conditions and
implementation of Community policy;

— establish a legal
where necessary;

framework for spectrum harmonisation

— ensure coordinated and timely provision of information on

radio spectrum use and availability in the EC;

— ensure that appropriate Community and European positions
are developed with a view to international negotiations (6)
relating to spectrum, where the issues at stake are covered
by Community policies.

(5) OJ C 123 of 25.4.2001.
(6) Countries historically coordinate the use of the radio spectrum in the
framework of the International Telecommunications Union (ITU), a
specialised body of the United Nations. At the ITU's World Radiocom-
munications Conferences (WRC), 186 countries meet biannually to
adopt measures to achieve international harmonisation. In Europe, 43
countries — including the Member States — coordinate the use of the
radio spectrum in the framework of the European Conference of Postal
and Telecommunications Administrations (CEPT) and its subcom-
mittee, the European Radiocommunications Committee (ERC).

C 151/26

EN

Official Journal of the European Union

17.6.2008

2.5
The decision allows the Commission to adopt technical
implementing measures to ensure harmonised conditions for
the availability and efficient use of the radio spectrum band.
Thus, where harmonisation is required in order to safeguard
legal certainty and Community policies, the Commission grants
mandates to the CEPT to develop technical criteria at European
level based on which spectrum harmonisation measures can be
drafted and adopted by the RSC.

data and multimedia services in rural or sparsely-populated
areas at lower cost.

4.4
The Committee welcomes the fact that this technology
will be used with low environmental costs due to the fact that it
will work with less base stations.

3. The proposal for a directive

3.1
In order to remove the reservation of the 900 MHz band
for GSM in the EU Member States, introduced by Council Direc-
tive 87/372/EEC of 25 June 1987 on the frequency bands to be
reserved for the coordinated introduction of public pan-Euro-
pean cellular digital land-based mobile communications in the
Community, this directive should be repealed by means of the
adoption by the European Parliament and the Council of a
specific directive for this purpose.

3.2
This is necessary in order to contribute to the success of
the i-2010 — A European Information Society for growth and
employment initiative (7) and also to achieve greater competition
through the use of the 900 MHz band by other technologies,
allowing users as much freedom of choice of services and tech-
nologies as possible.

In accordance with the provisions of Decision No 676/
3.3
2002/EC, the Commission issued a mandate to the CEPT to
develop less restrictive technical conditions. Under this mandate,
conditions have been produced based on the principle that the
900 MHz may coexist and is fully compatible with GSM and
UMTS. Future mandates can be issued to demonstrate the
compatibility of other technologies with GSM, thus achieving a
further opening of this band.

4. General comments

The EESC welcomes the form of
for a directive, and considers it
forms part of
the Community acquis

4.1
proposal
appropriate. The proposal
simplification of
supported in its opinions.

the Commission's
to be legislatively
the up-dating and
the EESC has
that

Extensive case-law of the Court of Justice has estab-
4.1.1
lished that binding acts of
law can only be
institutional
amended or repealed by subsequent acts of the same type. Thus
the need to adopt a specific directive to repeal Directive 87/
372/EEC is fully justified.

The legal context of the proposal would also appear to

4.2
justify its adoption on several grounds.

4.3 Market developments in the telecommunications industry
argue in favour of the introduction of new digital technologies
which would coexist with GSM in using the 900 MHz band,
and bringing about benefits from the widespread use of voice,

(7) COM(2005) 229 final.

These new technologies, such as UMTS, have also created

4.5
a pan-European market for the related services.

4.6
The care taken by the Commission is also deserving of
mention: the proposal is accompanied by other steps, such as
plans to prepare technical harmonisation measures to ensure the
continued use of the 900 MHz band by GSM services, and the
use of the comitology provisions under the Radio Spectrum
Decision in order to react rapidly to technological progress and
introduce new harmonising legislation at EU level.

4.7
Both the necessary repeal of the above-mentioned direc-
tive and the future introduction of the new operating conditions
for radio spectrum in the Member States are in line with the
subsidiarity principle, since they are limited to the specific objec-
tive of ensuring the satisfactory use of the 900 MHz band, and
are without prejudice to national decision-making powers
regarding the use of this band by other, additional services, or
the granting of spectrum use rights by the Member States.

4.8
The steps proposed or planned by the Commission are
neutral with regard to the technologies and services used in the
spectrum, enabling it to be used more flexibly and efficiently.

Spectrum management must be governed by the general
4.9
technological neutrality combined with service
principles of
flexibility and transparency, ensuring cultural and
neutrality,
linguistic diversity, freedom of expression and plurality in the
media, and reflecting the technical, social, cultural and political
needs of all the Member States.

4.10
The EESC considers that efficient radio spectrum use is
crucial to guaranteeing access to the various potential service
providers and is consequently a key factor for growth, produc-
tivity and the development of European industry in line with
the Lisbon Strategy, while also increasing consumer choice.

4.11
The proposal could benefit European citizens, inter alia,
by reducing the hurdles to the deployment of advanced mobile
communication technologies and overcoming the geographical
digital divide, promoting social
cohesion,
increasing the quality of the services that may be provided and
at lower cost, reducing the number of necessary base stations
lower frequencies, with the ensuing
through greater use of
environmental benefit, and ensuring continuous protection of
health against electromagnetic emissions, etc.

and territorial

4.12
The EESC does however consider that the Community
steps foreseen by the Commission could be complemented by
introducing a range of measures of varying type and scope.

17.6.2008

EN

Official Journal of the European Union

C 151/27

4.12.1
Firstly, from the broad legislative policy point of view,
once the proposed legislation has been adopted, budget alloca-
tions should be provided in line with the provisions of Commis-
sion Communication COM(2006) 129 in order to facilitate,
where appropriate, the creation of the necessary infrastructure
in Member States lacking a suitable network of base stations.
This must, however, be without prejudice to the special care
that should be taken to protect the environment, so that such
steps do not entail environmental impact costs.

4.12.2
Secondly, current Community legislation on public
procurement and concessions must be adjusted in order to guar-
antee that any concessions granted by Member States for the
use of radio spectrum meet conditions of transparency, non-
discrimination and protection of the general interest.

4.12.3
legal aspect of pan-European radio spectrum must

Thirdly, the comitology decisions supplementing the
include

specific provisions to ensure that current Community law on
electronic accessibility is applied across the board. More specifi-
cally, such decisions will have to be concerned with the full
exercise of the rights of the disabled, the elderly and citizens
with little or no digital training, if progress in the digital field is
to be properly harnessed, according to the provisions of
Commission Communication COM(2007) 694.

To this end, a range of incentives — to be determined
4.12.4
at the appropriate time — could be devised to encourage the
telecommunications industrial sector and the Member State
authorities, especially at regional and local
in order to
contribute to general access for citizens to every technological
progress.

level,

4.13
It is likely that the new technical conditions will have
been produced without any further unnecessary financial or
administrative burden at Community, national or regional level.

Brussels, 16 January 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

Opinion of the European Economic and Social Committee on the Communication from the
Commission: Towards a European Charter on the Rights of Energy Consumers

COM(2007) 386 final

(2008/C 151/09)

On 5 July 2007,
the European Commission decided to consult
Committee, under Article 262 of the Treaty establishing the European Community, on the

the European Economic and Social

Communication from the Commission — Towards a European Charter on the Rights of Energy Consumers

On 25 September 2007, the Committee Bureau instructed the Section for Transport, Energy, Infrastructure
and the Information Society to prepare the Committee's work on the subject.

Given the urgent nature of the work, the European Economic and Social Committee appointed Mr Iozia as
rapporteur-general at its 441st plenary session, held on 17 January 2008, and adopted the following opinion
by 127 votes to 1 with 3 abstentions.

1. Summary of the EESC's comments and recommenda-

tions

1.1
The European Economic and Social Committee welcomes
the Commission's initiative to establish a European charter on
the rights of energy consumers.

The EESC believes that, where possible, the enactment of
1.3
non-binding legislation should be avoided. The EESC concurs
with the European Parliament
resolution and believes that
binding legal measures are needed to protect the rights of citi-
zens, and that soft law measures do not fully achieve their aims.
In the case of passenger rights, the Commission considered it
necessary to enact a regulation, 261/2004 EC of 11 February
2004. It is not therefore clear why the rights of energy custo-
mers should be relegated to a non-binding document.

The EESC considers the charter to be a first step to make
1.2
the rights of consumers stronger and more effective. As the
Commission rightly points out, these are not protected if they
are left to market forces alone.

1.4
proposed changes

The EESC calls on the Commission, aside from the
currently undergoing

to the directive