CELEX: 51993PC0382
Language: en
Date: 1993-09-10
Title: Proposal for a COUNCIL DECISION ON THE IMPLEMENTATION BY THE MEMBER STATES OF MEASURES CONCERNING RADIO FREQUENCIES

1 . 10. 93                            Official Journal of the European Communities                            No C 266/ 11
               Proposal for a Council Decision on the implementation by the Me ber States of measures
                                                 concerning radio frequencies
                                                       (93/C 266/03)
                                                     COM(93) 382 final
                                                                         i
                                   (Submitted by the Commission on 10 September 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          providers, industry, users and standards bodies in
                                                                  researching the frequencies best suited for future
Having regard to the Treaty establishing the European              applications are fully taken into account;
Economic Community,
                                                                  Whereas the European Standards Bodies may need the
Having regard to the proposal by the Commission,                  ERC to specify the requirements related to the effective
                                                                  use of the radio frequency spectrum as defined in Article
Having regard to the opinion of the European                      4 (e) of Directive 91 /263/EEC (3);
Parliament,
                                                                  "Whereas, with a view to ensuring that the Member States
Whereas on 28 June 1990 the Council adopted a                     pursue common measures within this framework, the
resolution on the strengthening of the Europe-wide                Council will draw up each year, acting on a proposal
cooperation on radio frequencies, in particular with              from the Commission, guidelines for the priority sectors
regard to services with a pan-European dimension (x) ;            corresponding to the needs of the Community and its
                                                                  Member States ;
Whereas on 19 November 1992 the Council adopted a                 Whereas in the framework of cooperation between the
resolution on the implementation in the Community                  Commission, on the one hand, and the European Radio­
of the European Radiocommunications Committee                      communications Committee and the European Radio­
decisions (2);                                                     communications Office, on the other, the Commission
Whereas the Commission has submitted to the Council a             will allocate specific tasks to the European Radiocom­
                                                                  munications Office so as to enable it to carry out the
communication relating to a new approach to be adopted            technical work needed to identify the appropriate
by the Community and its Member States in the field of            frequency bands in these sectors ;
radio frequencies ;
                                                                  Whereas, if the measures adopted by the European
Whereas this communication is based on the concept                Radiocommunications Committee and the European
that, in this area, the adoption of Community legislation         Radiocommunications Office are consistent with the
is not dictated by Community interests, in so far as the           Community's interests, there is no need therefore, for
measures taken by the competent international organiz­            separate Community legislation containing similar
ations meet the needs of the Community and its Member             provisions, provided that steps are taken to ensure that
States ;                                                          the Member States bring into force, in a uniform
                                                                  manner, the measures thus adopted within the periods
Whereas the Community needs to be able to take part in            specified ;
the activities of all the international organizations and
conferences working in the field of radiocommuni­                 Whereas a review should be carried out, after an
cations ; whereas, therefore, the Member States are urged         experimental period, of the functioning of the procedure
to support the Community's request that it be accorded             laid down pursuant to this Decision and of the results
an appropriate status within these organizations and              obtained both as regards relations with the relevant
conferences ;                                                     organizations and the manner of implementation by the
       t
                                                                   Member States,
Whereas, however, the Commission has, in particular,               HAS DECIDED AS FOLLOWS :
established the necessary working relations with the
European Radiocommunications Committee and the                                               Article 1
                                                                                                          /
European Radiocommunications Office; whereas the
Community has the status of adviser within the                    The Commission shall have authority to take appropriate
Committee ; whereas, to the extent that its Member                 initiatives to secure involvement of the Community,
States pursue common measures within this framework,               commensurate with its competences and responsibilities,
the Community is in a position to take decisions on the            in the international organizations and conferences
coordinated and consistent implementation by the                   dealing with the field of radiocommunications. The
Member States of the measures adopted;                             Member States shall support such initiatives.
                                                                                             Article 2
Whereas        the     European      Radiocommunications               /
Committee should ensure that the opinions from service,            1 . The Council, acting by a qualified majority on a
                                                                   proposal from the Commission, shall draw up, in the
C) 90/C 166/02 ; OJ No C 166, 7. 7. 1990, p. 4.
(*) 92/C 318/01 ; OJ No C 318, 4. 12. 1992, p. 1 .                 C) OJ No L 128, 23 . 5 . 1991 , p. 1 .
 ---pagebreak--- No C 266 / 12                              Official Journal of the European Communities                                1 . 10 . 93
nesthe framework of the European Radiocommuni­                                                Article 3
cations Committee and the European Radiocommuni­
cations Office regarding the allocation of radio                      1 . The Commission shall be assisted by the
frequencies .                                                        Community Telecommunications Committee, made up
                                                                     of representatives of the national regulatory authorities
2. Under the annual programme of work, the                           of the Member States and chaired by a representative of
Commission may call on the European Radiocommuni­                    the Commission .
cations Committee and the European Radiocommuni­
cations Office to undertake certain technical tasks within           2.     The Commission representative shall submit to the
specified periods. These technical tasks correspond to the           Committee a draft of the measures to be taken . The
identification and allocation of appropriate frequency               Committee shall deliver its opinion on this draft within a
bands as required by the Community for the devel­                    period to be stipulated by the chairman in accordance
opment of pan-European services and the free movement                with the urgency of the point at issue and, where
of telecommunications terminal equipment.                             necessary, by taking a vote.
3. If the measures adopted within these organizations
correspond to the guidelines drawn up in accordance                  The     opinion   shall  be   entered   in   the  minutes ;
                                                                      furthermore, each Member State shall be entitled to
with the procedure described in paragraph 1 , the
necessary adjustments to be made by the Member States                request that its position be included in these minutes.
to their legislation shall be defined in accordance with             The Commission shall pay the utmost attention to the
the procedure laid down in Article 3 (2). They shall                  opinion delivered by the Committee and shall inform the
include a specified deadline for the implementation of                latter of the manner in which it has done so .
these measures on their territory.
4. On completion of the implementing procedures,                                              Article 4
Member States shall notify the Commission of the
measures which they have adopted at national level. The              The Commission shall submit to the European
Commission shall then publish these measures in the                   Parliament and to the Council, not later than 31
 Official Journal of the European Communities with a                  December 1994, a report on the application of this
reference to this Decision .                                          Decision.
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1765/92 establishing
                                       a support system for producers of certain arable crops
                                                                          «
                                                            (93/C 266/04)
                                                         COM(93) 389 final
                                        (Submitted by the Commission on 10 September 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              amended by Regulation (EEC) No 1552/93 (3), in order
                                                                      to give effect to the terms of that Memorandum of
                                                                      Understanding ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 42 and
43 thereof,
                                                                      Whereas Regulation (EEC) No 1765/92 could lead to
                                                                      an increase in sowings of soya beans, rape seed and
Having regard to the proposal from the Commission,                    colza seed and sunflower seed, so that adjustments
                                                                      should be made to the benefits accruing to producers
Having regard to the opinion of the European                          pursuant to that Regulation in respect of crop-specific oil
Parliament,                                                           seed payments ; whereas maximum guaranteed areas
                                                                      should be established for those crops ; whereas in the
Whereas the European Economic Community concluded                     event of an increase in sowings of those crops above the
an agreement, in the framework of the General                         level of the maximum guaranteed areas, the
Agreement on Tariffs and Trade, with the United States                compensatory payments should be reduced ; whereas the
of America, concerning certain oil seeds ; whereas the                reduction in the compensatory payments should be such
agreement took the form of a Memorandum of Under­                     as to discourage a level of sowings in excess of the
standing on Oil seeds approved by Council Decision                    maximum guaranteed areas ; whereas the cultivation of
93/355/EEC (x); whereas it is necessary to modify                     confectionery sunflower seed should be excluded from
Council Regulation (EEC) No 1765/92 (2), as last                      the benefits of such support with effect from sowings for
                                                                      harvest in 1994,
C) OJ NO L 147, 18 . 6. 1993, p. 25.
(2) OJ No L 181 , 1 . 7. 1992, p. 12 .                                O OJ No L 154, 25 . 6. 1993, p. 19.