2009/1/EC: Commission Decision of 16 December 2008 granting a derogation requested by the Republic of Bulgaria pursuant to Decision 2008/477/EC on the harmonisation of the 2500 - 2690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (notified under document number C(2008) 8302)
Date: 2008-12-16
Institutions: European Commission
Subjects: Bulgaria, regulation of telecommunications, technical standard, waveband

L 2/6

EN

Official Journal of the European Union

6.1.2009

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 16 December 2008

granting a derogation requested by the Republic of Bulgaria pursuant to Decision 2008/477/EC on
the harmonisation of the 2 500-2 690 MHz frequency band for terrestrial systems capable of
providing electronic communications services in the Community

(notified under document number C(2008) 8302)

(Only the Bulgarian text is authentic)

(2009/1/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to Decision No 676/2002/EC of the European
Parliament and of the Council of 7 March 2002 on a regulatory
framework for
in the European
Community (Radio Spectrum Decision) (1), and in particular
Article 4(5) thereof,

radio spectrum policy

Having regard to Commission Decision 2008/477/EC of
13 June 2008 on the harmonisation of the 2 500-2 690 MHz
frequency band for terrestrial systems capable of providing elec­
tronic communications services in the Community (2), and in
particular Article 2(2) thereof,

Whereas:

(1)

Under Decision 2008/477/EC Member States must
designate and subsequently make available, on a non-
exclusive basis, the 2 500-2 690 MHz frequency band
for terrestrial systems capable of providing electronic
communications services subject to specific parameters,
within six months of its entry into force.

(1) OJ L 108, 24.4.2002, p. 1.
(2) OJ L 163, 24.6.2008, p. 37.

(3)

(4)

(5)

Member States are required to designate and subse­
quently make available the 2 500-2 690 MHz band,
in
accordance with Decision 2008/477/EC, no later than
13 December 2008.

Article 2(2) of Decision 2008/477/EC states that, by way
of derogation, Member States may request transitional
periods
radio spectrum sharing
arrangements, pursuant to Article 4(5) of Decision No
676/2002/EC.

that may

include

The Republic of Bulgaria has informed the Commission
that, since this band is currently occupied on an exclusive
basis by mobile electronic communication equipment
used for national security needs, it is not in a position
to implement on time the requirements set out
in
Decision 2008/477/EC.

By letter of 22 October 2008, the Republic of Bulgaria
therefore requested a temporary derogation from these
requirements in order to be able to continue using this
equipment whilst putting in place a new national security
mobile radio communication system using a different
frequency band.

6.1.2009

EN

Official Journal of the European Union

L 2/7

(6)

(7)

(8)

(9)

The length of the derogation would vary according to
region. For
the regions of Vidin, Montana, Vratsa,
Lovech, Pleven, Gabrovo, Veliko Tarnovo, Russe, Turgo­
vishte, Razgrad, Shumen, Silistra, Dobrich and Varna (i.e.
North Bulgaria), the derogation would extend until end
2009. For
the areas around the town of Triavna,
Blagoevgrad, Pazardjik, Plovdiv, Smolyan, Kurdzhaly,
Haskovo, Stara Zagora, Sliven, Yambol, Burgas, Sofia
City and Sofia Region (i.e. South Bulgaria), the derogation
would extend until end 2010, while Bulgaria would aim
to meet its obligations in Sofia City and the Sofia Region
in 2009.

the frequency band 2 500-2 690 MHz,

Bulgaria has provided sufficient justification to its dero­
in particular, the need to
gation request by clarifying,
to the current
assign other appropriate frequencies
users of
the
importance of migrating all links within a region simul­
taneously and the need to allocate financial resources to
procure new public security mobile communication
equipment. A report on the progress of migration and
meeting the commitments would help manage the tran­
sitional period properly.

the Radio Spectrum Committee
The members of
indicated at
the Committee on
2 October 2008 that they do not object to this tran­
sitional derogation.

the meeting of

The requested limitation would not unduly defer im­
plementation of Decision 2008/477/EC nor
create
regulatory
undue differences
in the competitive or
is
request
situations between Member States. The
justified and a transitional derogation would be appro­
priate to facilitate the full
implementation of Decision
2008/477/EC,

HAS ADOPTED THIS DECISION:

Article 1

Pursuant to its request submitted on 22 October 2008, the
Republic of Bulgaria is hereby authorised to postpone the im­
plementation of Decision 2008/477/EC in North Bulgaria until
31 December 2009 and in South Bulgaria until 31 December
2010, subject to the conditions set in Article 3.

For the purposes of this Decision:

Article 2

— North Bulgaria means the administrative regions of Vidin,
Montana, Vratsa, Lovech, Pleven, Gabrovo, Veliko Tarnovo,
Russe, Turgovishte, Razgrad, Shumen, Silistra, Dobrich and
Varna,

— South Bulgaria means the area around the town of Triavna,
the region of Sofia, the city of Sofia as well as the admin­
istrative regions of Blagoevgrad, Pazardjik, Plovdiv, Smolyan,
Kurdzhaly, Haskovo, Stara Zagora, Sliven, Yambol and
Burgas.

Article 3

Bulgaria shall submit by 16 January 2010 a report on the
implementation of Decision 2008/477/EC in North Bulgaria,
the city of Sofia and the Region of Sofia and shall submit by
16 January 2011 a report covering its whole territory.

This Decision is addressed to the Republic of Bulgaria.

Article 4

Done at Brussels, 16 December 2008.

For the Commission

Viviane REDING
Member of the Commission