eSafety Compendium

L 108/2 24.4.2002Official Journal of the European CommunitiesENCommunity radio spectrum policy, the Commissionshould be assisted by a committee, to be called theRadio Spectrum Committee, composed ofrepresentatives of the Member States and chaired by arepresentative of the Commission. The Committeeshould consider proposals for technical implementingmeasures related to radio spectrum. These may bedrafted on the basis of discussions in the Committeeand may in specific cases require technical preparatorywork by national authorities responsible for radiospectrum management. Where committee proceduresare used for the adoption of technical implementingmeasures, the Committee should also take into accountthe views of the industry and of all users involved, bothcommercial and non-commercial, as well as of otherinterested parties, on technological, market andregulatory developments which may affect the use ofradio spectrum. Radio spectrum users should be free toprovide all input they believe is necessary. TheCommittee may decide to hear representatives of radiospectrum user communities at its meetings wherenecessary to illustrate the situation in a particular sector.(7) Where it is necessary to adopt harmonisation measuresfor the implementation of Community policies whichgo beyond technical implementing measures, theCommission may submit to the European Parliamentand to the Council a proposal on the basis of theTreaty.(8) Radio spectrum policy cannot be based only ontechnical parameters but also needs to take into accounteconomic, political, cultural, health and socialconsiderations. Moreover, the ever increasing demandfor the finite supply of available radio spectrum willlead to conflicting pressures to accommodate thevarious groups of radio spectrum users in sectors suchas telecommunications, broadcasting, transport, lawenforcement, military and the scientific community.Therefore, radio spectrum policy should take intoaccount all sectors and balance the respective needs.(9) This Decision should not affect the right of MemberStates to impose restrictions necessary for public orderand public security purposes and defence. Where atechnical implementing measure would affect inter aliaradio frequency bands used by a Member Stateexclusively and directly for its public security anddefence purposes, the Commission may, if the MemberState requests it on the basis of justified reasons, agreeto transitional periods and/or sharing mechanisms, inorder to facilitate the full implementation of thatmeasure. In this regard, Member States may also notifythe Commission of their national radio frequency bandsused exclusively and directly to pursue public securityand defence purposes.(10) In order to take into account the views of MemberStates, Community institutions, industry and of all usersinvolved, both commercial and non-commercial, as wellas of other interested parties on technological, marketand regulatory developments which may affect the useof radio spectrum, the Commission may organiseconsultations outside the framework of this Decision.(11) Radio spectrum technical management includes theharmonisation and allocation of radio spectrum. Suchharmonisation should reflect the requirements ofgeneral policy principles identified at Community level.However, radio spectrum technical management doesnot cover assignment and licensing procedures, nor thedecision whether to use competitive selectionprocedures for the assignment of radio frequencies.(12) With a view to the adoption of technical implementingmeasures addressing the harmonisation of radiofrequency allocation and of information availability, theCommittee should cooperate with radio spectrumexperts from national authorities responsible for radiospectrum management. Building on the experience ofmandating procedures gained in specific sectors, forexample as a result of the application of Decision No710/97/EC of the European Parliament and of theCouncil of 24 March 1997 on a coordinatedauthorisation approach in the field of satellitepersonal-communication services in the Community ( 1 )and Decision No 128/1999/EC of the EuropeanParliament and of the Council of 14 December 1998 onthe coordinated introduction of a third generationmobile and wireless communications system (UMTS) inthe Community ( 2 ), technical implementing measuresshould be adopted as a result of mandates to the CEPT.Where it is necessary to adopt harmonised measures forthe implementation of Community policies which donot fall within the remit of CEPT, the Commission couldadopt implementation measures with the assistance ofthe Radio Spectrum Committee.(13) The CEPT comprises 44 European countries. It draftstechnical harmonisation measures with the objective ofharmonising the use of radio spectrum beyond theCommunity borders, which is particularly important forthose Member States where the use of radio spectrummay be affected by that of the non-EU members ofCEPT. Decisions and measures taken in accordance withthis Decision should take account of the specificsituation of Member States with external frontiers.Where necessary, the Commission should be able tomake the results of mandates issued to CEPTcompulsory for Member States, and where the results ofsuch mandates are not available or deemed not( 1 ) OJ L 105, 23.4.1997, p. 4. Decision as amended by DecisionNo 1215/2000/EC (OJ L 139, 10.6.2000, p. 1).( 2 ) OJ L 17, 22.1.1999, p. 1.