CELEX: 51990PC0405
Language: en
Date: 1990-08-28
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE FREQUENCY BANDS TO BE RESERVED FOR THE COORDINATED INTRODUCTION OF PAN-EUROPEAN LAND-BASED PUBLIC RADIO PAGING IN THE COMMUNITY

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(90)405 final - SYN 193
                                                       Brussels.28 August 1990
                                    Re-examined proposal for a
                                         COUNCIL DIRECTIVE
                               on the frequency bands to be reserved
                                  for the coordinated introduction
                          of pan-European land-based public radio paging
                                           in the Corarnunity
                   (presented by the Commission pursuant to Article 149.2(d)
                                        of the EEC treaty)
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 ---pagebreak---                          Re-examined proposal for a
                              Council Directive
                    on the frequency bands to be reserved
                      for the coordinated introduction
               of pan-European land-based public radio paging
                               in the Community
I.      BACKGROUND
    1.  The Oommission suixnitted a proposal for a Directive to the Council
        on 12 Hay 1989.1
   2.   The Economic and Social Committee adopted an opinion (favourable)
        on 27 September 1989.
   3.   The European Parliament adopted its amendments to the draft
        Directive on 13 December 1989.2
   4.   Pursuant to Article 149(3) of the Treaty, the Commission adopted a
        revised draft on 9 February 1990, incorporating virtually all
        Parliament's amendments.3
   5.   The Council adopted a common position on 7 May 1990.4
   6.   The European Parliament proceeded to the second reading on 9 July
        1990 and adopted an amendment.5
1  OJ C 193, 31.07.1989, p. 13.
2  OJ C 15, 22.01.1990, p. 82.
3  OJ C 43, 23.02.1990, p. 11.
4  Council document 5527/90, 07.05.1990.
5  E.P. 143.503, Minutes 22 II, 11.07.1990, p. 37.
                                                                            L
 ---pagebreak--- II.     THE AMENDMENT ADOPTED BV THE EUROPEAN PARLIAMENT CN SECOND READING
The Commission agrees with the substance of the amendment adopted by the
European Parliament on 11 July 1990. Hie Commission is of the opinion that
the essence of the idea underlying the amendment of ensuring that the
deadlines are respected was correctly incorporated into the common position
following Parliament's first reading (by reducing from 18 to 12 months the
period between notification of the Directive and the taking of measures to
make frequencies available). Consequently, the amendment has already been
taken into account and there is no need to amend the Directive.
Furthermore, the proposed amendment would create difficulties for
telecommunications administrations with regard to the availability of
frequencies on 1 January 1991, whereas the equipment would only arrive on
the market two years later.
Therefore, the Commission is unable to accept amendment No 2 adopted by
Parliament.
 ---pagebreak--- The amendment and the Commission's position are given below:
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Common position                              RiTYYpft«n P A . r - H A m g r y h ' g «ngnrtmftnï.
Member States shall bring into               Member States shall bring into
force the laws, regulations and              force the laws, regulations and
administrative provisions necessary          administrative provisions necessary
to comply with this Directive not            to comply with this Directive noi
later than twelve months following           later than ], January 1991- They
the date of notification of this             shall forthwith inform the
Directive. They shall forthwith              Commission thereof.
inform the Commission thereof.
Reasons:
The Commission shares the opinion of the European Parliament with regard to
the need to make frequencies available for public radio paging. It was for
this reason that the Commission incorporated the European Parliament's
underlying idea by reducing the period during which telecommunications
administrations were to make frequencies avail able from 18 to 12 months.
However, the European Parliament's proposal that the frequencies be made
available by 1 January 1991 seems too excessive for two reasons:
             it does not give administrations the time needed to inform current
             users of these frequencies (generally private radioooraraunications
             systems used by taxis, ambulances, etc.) and to enable them to make
             technical adjustments to their equipment in order to use other
             frequencies than those referred to in the public radio paging
             Directive;
             it makes the frequencies available two years before the
             introduction of pan-European public radio paging equipment; such a
             period of time is unnecessary.
 ---pagebreak--- Consequently, the Commission agrees with the European Parliament's
objective of making frequencies available for public radio paging. However,
it cannot accept the amendment adopted by Parliament on second reading for
the abovementioned reasons.
III.    OONCLCJSION
As the Commission is unable to accept the amendment adopted on second
reading, the text of the Directive following reexamination is identical to
the text of the common position (attached).
                                                                            '*
 ---pagebreak---  ---pagebreak---                                                                                  ISSN 0254-1475
                                                                 COM(90) 405 final
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                                                               ISBN 92-77-63821-4
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