BETA


2008/0214(COD) Frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ITRE PLEGUEZUELOS AGUILAR Francisca (icon: PSE PSE)
Committee Opinion IMCO
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 095

Events

2009/10/20
   Final act published in Official Journal
Details

PURPOSE: to amend Council Directive 87/372/EEC and ensure that the use of the 900 MHz band is made available for additional services that coexist with GSM.

LEGISLATIVE ACT: Directive 2009/114/EC of the European Parliament and of the Council amending 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.

CONTENT: following a first reading agreement reached with the European Parliament, the Council adopted a directive which makes the 900 MHz band available not only for GSM, but also for UMTS and other terrestrial electronic communications systems , provided they can coexist with GSM systems without harmful interference. Its objective is to maximise competition by offering users a wider choice of services and technologies, while maintaining the availability of GSM throughout Europe.

To recall, the 890-915 MHz and 935-960 MHz frequency bands were reserved for a public pan-European cellular digital mobile communications service to be provided in each Member State in accordance with a common specification, known as GSM. Subsequently the extension band (880-890 MHz and 925-935 MHz) became available for GSM operation, and together these frequency bands are known as the 900 MHz band. Since 1987, new digital radio technologies capable of providing innovative pan-European electronic communications have been developed, which can coexist with GSM in the 900 MHz band in a more technologically neutral regulatory context than before. The 900 MHz band has good propagation characteristics, covering greater distances than higher frequency bands and allowing modern voice, data and multimedia services to be extended to less populated and rural areas.

Member States should ensure that the liberalisation of the use of the 900 MHz band does not result in competitive distortions.

A recital states that the future use of the 900 MHz band and in particular the question of how long GSM will remain the reference technology for technical coexistence in this band is a

question of strategic importance for the internal market. It should be examined together with other issues concerning the Community’s wireless access policy in the future radio spectrum policy programmes, to be adopted in accordance with Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (Framework Directive) as amended. Those programmes will set out the policy orientations and objectives for the strategic planning of the use of radio spectrum, in close cooperation with the Radio Spectrum Policy Group.

Within six months of the entry into force of this Directive , Member States should transpose Directive 87/372/EEC as amended. While this does not in itself require Member States to modify existing rights of use or to initiate an authorisation procedure, Member States must comply with the requirements of Directive 2002/20/EC (Authorisation Directive) once the 900 MHz band has been made available in accordance with this Directive. If the Member States conclude that there is evidence of distortion, they should consider whether it is objectively justified and proportionate to amend the rights of use of those operators that were granted rights of use of 900 MHz frequencies and, where proportionate, to review these rights of use and to redistribute such rights in order to address such distortions. Any decision to take such a course of action should be preceded by a public consultation.

In addition, any spectrum made available under this Directive should be allocated in a transparent manner and in such a way as to ensure no distortion of competition in the relevant markets.

In order for other systems to coexist with GSM systems in the same band, harmful interference should be avoided by applying technical usage conditions applicable to technologies other than GSM using the 900 MHz band.

The text underlines that flexibility in spectrum management and access to spectrum should be increased in order to contribute to the objectives of the internal market in electronic communications. The 900 MHz band should therefore be open to other systems for the provision of other pan-European services as soon as it can be demonstrated that those systems can coexist with GSM systems.

ENTRY INTO FORCE: 09/11/2009.

TRANSPOSITION: 09/05/2010.

2009/09/16
   CSL - Draft final act
Documents
2009/09/16
   CSL - Final act signed
2009/09/16
   EP - End of procedure in Parliament
2009/07/27
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2009/07/27
   CSL - Council Meeting
2009/07/07
   EC - Commission response to text adopted in plenary
Documents
2009/05/06
   EP - Results of vote in Parliament
2009/05/06
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 578 votes to 15, with 32 abstentions, a legislative resolution amending, under the first reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council amending 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.

The amendments are the result of a compromise agreement between Parliament and Council.

Parliament recalled in the recitals that the 890-915 MHz and 935-960 MHz frequency bands were reserved for a public pan-European cellular digital mobile communications service to be provided in each Member State in accordance with a common specification, known as GSM. Subsequently the so-called extension band (880-890 MHz and 925-935 MHz) became available for GSM operation, and together these frequency bands are known as the 900 MHz band. The future use of the 900 MHz band and in particular the question of how long GSM will remain the reference technology for technical coexistence in this band is a question of strategic importance for the internal market that should be examined together with other issues of the Community's wireless access policy in the future radio spectrum policy programmes, to be adopted in accordance with Directive 2002/21/EC (Framework Directive) as amended. Those programmes will set out the policy orientations and objectives for the strategic planning of the use of radio spectrum, in close cooperation with the Radio Spectrum Policy Group (RSPG).

Spectrum made available under this Directive should be allocated in a transparent manner and in such a way as to ensure no distortion of competition in the relevant markets.

Parliament adds that flexibility in spectrum management and access to spectrum should be increased in order to contribute to the objectives of the internal market in electronic communications. The 900 MHz band should therefore be open to other systems for the provision of other pan-European services as soon as it can be demonstrated that they can co-exist with GSM systems.

Documents
2009/05/05
   EP - Debate in Parliament
2009/04/27
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2009/04/27
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2009/04/21
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on Industry, Research and Energy adopted the report drawn up by Francisca PLEGUEZUELOS AGUILAR (PES, ES), amending, under the first reading of codecision procedure, the proposal for a directive of the European Parliament and of the Council amending 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.

The committee recalled in the recitals that The 890-915 MHz and 935-960 MHz frequency bands were reserved for a public pan-European cellular digital mobile communications service to be provided in each Member State in accordance with a common specification, known as GSM. Subsequently the so-called extension band (880-890 MHz and 925-935 MHz) became available for GSM operation, and together these frequency bands are known as the 900 MHz band. The future use of the 900 MHz band and in particular the question of how long GSM will remain the reference technology for technical coexistence in this band is a question of strategic importance for the internal market that should be examined together with other issues of the Community's wireless access policy in the future radio spectrum policy programmes, to be adopted in accordance with Directive 2002/21/EC (Framework Directive) as amended. Those programmes will set out the policy orientations and objectives for the strategic planning of the use of radio spectrum, in close cooperation with the Radio Spectrum Policy Group (RSPG).

The committee adds that flexibility in spectrum management and access to spectrum should be increased in order to contribute to the objectives of the internal market in electronic communications. The 900 MHz band should therefore be open to other systems for the provision of other pan-European services as soon as it can be demonstrated that they can co-exist with GSM systems.

2009/04/01
   EP - Amendments tabled in committee
Documents
2009/02/25
   ESC - Economic and Social Committee: opinion, report
Documents
2009/01/27
   EP - Amendments tabled in committee
Documents
2008/12/17
   EP - Committee draft report
Documents
2008/12/04
   EP - Committee referral announced in Parliament, 1st reading/single reading
2008/12/02
   EP - PLEGUEZUELOS AGUILAR Francisca (PSE) appointed as rapporteur in ITRE
2008/11/19
   EC - Legislative proposal published
Details

PURPOSE: to amend Council Directive 87/372/EEC (GSM Directive) in order to remove the limitation on the use of the 900 MHz band to one service only and thereby open up the band to additional networks.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: t he move to the second generation cellular digital mobile communications system, called GSM, was seen as a unique opportunity to establish truly pan-European mobile communications. New technological developments now allow for new digital technologies capable of providing innovative pan-European broadband services in coexistence with GSM in the 900 MHz band. This band is particularly valuable as it has good propagation characteristics, covering greater distances than higher frequency bands, and allowing modern voice, data and multimedia services to be extended into less populated and rural areas.

The GSM Directive in its current version prohibits the use of the 900 MHz band by other pan-European systems, such as UMTS, and is therefore an obstacle to the development of the information society in the EU.

In order to allow the 900 MHz band to be used by a variety of pan-European services in line with Community policy objectives and the market demand for mobile communications, it is proposed to amend Directive 87/372/EEC to open the band to additional, more advanced pan-European broadband communications services where these can coexist with GSM, and then have the Commission adopt a Decision under the Radio Spectrum Decision to harmonise the necessary technical conditions for the use of this band.

The proposed Directive should allow a wider choice of services and technologies and thereby to maximise competition in the use of the bands so far covered by the GSM Directive, while ensuring that services remain coordinated and safeguarding the continued operation of GSM. To this end, the use of this spectrum would be allowed not only for GSM, but also for pan-European electronic communication services other than GSM. As a first step, this would include UMTS while acknowledging that other systems may also be able to co-exist in these bands.

On the implementation of this Directive, Member States should examine whether the liberalisation of the use of the 900 MHz spectrum band could possibly result in competitive distortions. If they conclude that this is the case, they should consider whether it is objectively justified and proportionate to amend the rights of use of those operators that were granted rights of use of 900 MHz frequencies and, where proportionate, to review these rights of use and to redistribute such rights in order to address such distortions in accordance with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive).

Documents

Votes

Rapport PLEGUEZUELOS AGUILAR A6-0276/2009 - résolution législative

2009/05/06 Outcome: +: 578, 0: 32, -: 15
DE FR GB ES PL IT RO BE NL HU PT AT BG DK SK EL SE LT IE CZ FI LV SI EE LU MT CY
Total
91
64
62
41
38
44
27
23
24
20
20
15
14
14
13
18
16
11
11
16
11
8
7
5
5
5
2
icon: PPE-DE PPE-DE
230

Denmark PPE-DE

1
2

Latvia PPE-DE

3

Estonia PPE-DE

For (1)

1

Luxembourg PPE-DE

2

Malta PPE-DE

2
icon: PSE PSE
182

Lithuania PSE

2

Ireland PSE

1

Czechia PSE

For (1)

1

Finland PSE

2

Slovenia PSE

For (1)

1

Estonia PSE

2

Luxembourg PSE

For (1)

1
icon: ALDE ALDE
81
2

Austria ALDE

1

Sweden ALDE

2

Ireland ALDE

For (1)

1

Latvia ALDE

1

Slovenia ALDE

2

Estonia ALDE

2

Luxembourg ALDE

For (1)

1

Cyprus ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
34

United Kingdom Verts/ALE

4

Italy Verts/ALE

2

Romania Verts/ALE

1

Belgium Verts/ALE

2

Netherlands Verts/ALE

For (1)

Abstain (1)

2

Austria Verts/ALE

1

Denmark Verts/ALE

For (1)

1

Sweden Verts/ALE

Against (1)

1

Finland Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: UEN UEN
29

Denmark UEN

For (1)

1

Lithuania UEN

1
icon: IND/DEM IND/DEM
17

France IND/DEM

Abstain (1)

3

United Kingdom IND/DEM

4

Netherlands IND/DEM

2

Denmark IND/DEM

For (1)

1

Sweden IND/DEM

2

Ireland IND/DEM

For (1)

1

Czechia IND/DEM

Abstain (1)

1
icon: NI NI
23

United Kingdom NI

Abstain (1)

5

Poland NI

1

Italy NI

For (1)

3

Austria NI

2

Czechia NI

1
icon: GUE/NGL GUE/NGL
29

France GUE/NGL

2

Italy GUE/NGL

Against (1)

4

Netherlands GUE/NGL

2

Portugal GUE/NGL

For (1)

3

Denmark GUE/NGL

1

Greece GUE/NGL

3

Sweden GUE/NGL

2

Finland GUE/NGL

Abstain (1)

1

Cyprus GUE/NGL

Against (1)

1
AmendmentsDossier
4 2008/0214(COD)
2009/01/27 ITRE 4 amendments...
source: PE-419.845

History

(these mark the time of scraping, not the official date of the change)

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activities
  • date: 2008-11-19T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0762/COM_COM(2008)0762_EN.pdf title: COM(2008)0762 type: Legislative proposal published celexid: CELEX:52008PC0762:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/connect/index_en.htm title: Communications Networks, Content and Technology Commissioner: REDING Viviane type: Legislative proposal published
  • date: 2008-12-04T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: True committee: ITRE date: 2008-12-02T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PSE name: PLEGUEZUELOS AGUILAR Francisca
  • date: 2009-04-21T00:00:00 body: EP committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: True committee: ITRE date: 2008-12-02T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PSE name: PLEGUEZUELOS AGUILAR Francisca type: Vote in committee, 1st reading/single reading
  • date: 2009-04-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-276&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0276/2009 body: EP committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: True committee: ITRE date: 2008-12-02T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PSE name: PLEGUEZUELOS AGUILAR Francisca type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2009-05-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090505&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2009-05-06T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=17209&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-363 type: Decision by Parliament, 1st reading/single reading title: T6-0363/2009 body: EP type: Results of vote in Parliament
  • date: 2009-07-27T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 2957
  • date: 2009-07-27T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2009-09-16T00:00:00 body: CSL type: Final act signed
  • date: 2009-09-16T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2009-10-20T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0114 title: Directive 2009/114 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:274:SOM:EN:HTML title: OJ L 274 20.10.2009, p. 0025
commission
  • body: EC dg: Communications Networks, Content and Technology commissioner: REDING Viviane
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rapporteur
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council
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 2957 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2957*&MEET_DATE=27/07/2009 date: 2009-07-27T00:00:00
docs
  • date: 2008-12-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE416.636 title: PE416.636 type: Committee draft report body: EP
  • date: 2009-01-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE419.845 title: PE419.845 type: Amendments tabled in committee body: EP
  • date: 2009-02-25T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0335)(documentyear:2009)(documentlanguage:EN) title: CES0335/2009 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2009-04-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE423.757 title: PE423.757 type: Amendments tabled in committee body: EP
  • date: 2009-04-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-276&language=EN title: A6-0276/2009 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2009-07-07T00:00:00 docs: url: /oeil/spdoc.do?i=17209&j=0&l=en title: SP(2009)3616 type: Commission response to text adopted in plenary
  • date: 2009-09-16T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F09&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03673/2009/LEX type: Draft final act body: CSL
events
  • date: 2008-11-19T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2008/0762/COM_COM(2008)0762_EN.pdf title: COM(2008)0762 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2008&nu_doc=762 title: EUR-Lex summary: PURPOSE: to amend Council Directive 87/372/EEC (GSM Directive) in order to remove the limitation on the use of the 900 MHz band to one service only and thereby open up the band to additional networks. PROPOSED ACT: Directive of the European Parliament and of the Council. CONTENT: t he move to the second generation cellular digital mobile communications system, called GSM, was seen as a unique opportunity to establish truly pan-European mobile communications. New technological developments now allow for new digital technologies capable of providing innovative pan-European broadband services in coexistence with GSM in the 900 MHz band. This band is particularly valuable as it has good propagation characteristics, covering greater distances than higher frequency bands, and allowing modern voice, data and multimedia services to be extended into less populated and rural areas. The GSM Directive in its current version prohibits the use of the 900 MHz band by other pan-European systems, such as UMTS, and is therefore an obstacle to the development of the information society in the EU. In order to allow the 900 MHz band to be used by a variety of pan-European services in line with Community policy objectives and the market demand for mobile communications, it is proposed to amend Directive 87/372/EEC to open the band to additional, more advanced pan-European broadband communications services where these can coexist with GSM, and then have the Commission adopt a Decision under the Radio Spectrum Decision to harmonise the necessary technical conditions for the use of this band. The proposed Directive should allow a wider choice of services and technologies and thereby to maximise competition in the use of the bands so far covered by the GSM Directive, while ensuring that services remain coordinated and safeguarding the continued operation of GSM. To this end, the use of this spectrum would be allowed not only for GSM, but also for pan-European electronic communication services other than GSM. As a first step, this would include UMTS while acknowledging that other systems may also be able to co-exist in these bands. On the implementation of this Directive, Member States should examine whether the liberalisation of the use of the 900 MHz spectrum band could possibly result in competitive distortions. If they conclude that this is the case, they should consider whether it is objectively justified and proportionate to amend the rights of use of those operators that were granted rights of use of 900 MHz frequencies and, where proportionate, to review these rights of use and to redistribute such rights in order to address such distortions in accordance with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive).
  • date: 2008-12-04T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2009-04-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Industry, Research and Energy adopted the report drawn up by Francisca PLEGUEZUELOS AGUILAR (PES, ES), amending, under the first reading of codecision procedure, the proposal for a directive of the European Parliament and of the Council amending 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. The committee recalled in the recitals that The 890-915 MHz and 935-960 MHz frequency bands were reserved for a public pan-European cellular digital mobile communications service to be provided in each Member State in accordance with a common specification, known as GSM. Subsequently the so-called extension band (880-890 MHz and 925-935 MHz) became available for GSM operation, and together these frequency bands are known as the 900 MHz band. The future use of the 900 MHz band and in particular the question of how long GSM will remain the reference technology for technical coexistence in this band is a question of strategic importance for the internal market that should be examined together with other issues of the Community's wireless access policy in the future radio spectrum policy programmes, to be adopted in accordance with Directive 2002/21/EC (Framework Directive) as amended. Those programmes will set out the policy orientations and objectives for the strategic planning of the use of radio spectrum, in close cooperation with the Radio Spectrum Policy Group (RSPG). The committee adds that flexibility in spectrum management and access to spectrum should be increased in order to contribute to the objectives of the internal market in electronic communications. The 900 MHz band should therefore be open to other systems for the provision of other pan-European services as soon as it can be demonstrated that they can co-exist with GSM systems.
  • date: 2009-04-27T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-276&language=EN title: A6-0276/2009
  • date: 2009-05-05T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090505&type=CRE title: Debate in Parliament
  • date: 2009-05-06T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=17209&l=en title: Results of vote in Parliament
  • date: 2009-05-06T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-363 title: T6-0363/2009 summary: The European Parliament adopted by 578 votes to 15, with 32 abstentions, a legislative resolution amending, under the first reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council amending 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. The amendments are the result of a compromise agreement between Parliament and Council. Parliament recalled in the recitals that the 890-915 MHz and 935-960 MHz frequency bands were reserved for a public pan-European cellular digital mobile communications service to be provided in each Member State in accordance with a common specification, known as GSM. Subsequently the so-called extension band (880-890 MHz and 925-935 MHz) became available for GSM operation, and together these frequency bands are known as the 900 MHz band. The future use of the 900 MHz band and in particular the question of how long GSM will remain the reference technology for technical coexistence in this band is a question of strategic importance for the internal market that should be examined together with other issues of the Community's wireless access policy in the future radio spectrum policy programmes, to be adopted in accordance with Directive 2002/21/EC (Framework Directive) as amended. Those programmes will set out the policy orientations and objectives for the strategic planning of the use of radio spectrum, in close cooperation with the Radio Spectrum Policy Group (RSPG). Spectrum made available under this Directive should be allocated in a transparent manner and in such a way as to ensure no distortion of competition in the relevant markets. Parliament adds that flexibility in spectrum management and access to spectrum should be increased in order to contribute to the objectives of the internal market in electronic communications. The 900 MHz band should therefore be open to other systems for the provision of other pan-European services as soon as it can be demonstrated that they can co-exist with GSM systems.
  • date: 2009-07-27T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2009-09-16T00:00:00 type: Final act signed body: CSL
  • date: 2009-09-16T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2009-10-20T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to amend Council Directive 87/372/EEC and ensure that the use of the 900 MHz band is made available for additional services that coexist with GSM. LEGISLATIVE ACT: Directive 2009/114/EC of the European Parliament and of the Council amending 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. CONTENT: following a first reading agreement reached with the European Parliament, the Council adopted a directive which makes the 900 MHz band available not only for GSM, but also for UMTS and other terrestrial electronic communications systems , provided they can coexist with GSM systems without harmful interference. Its objective is to maximise competition by offering users a wider choice of services and technologies, while maintaining the availability of GSM throughout Europe. To recall, the 890-915 MHz and 935-960 MHz frequency bands were reserved for a public pan-European cellular digital mobile communications service to be provided in each Member State in accordance with a common specification, known as GSM. Subsequently the extension band (880-890 MHz and 925-935 MHz) became available for GSM operation, and together these frequency bands are known as the 900 MHz band. Since 1987, new digital radio technologies capable of providing innovative pan-European electronic communications have been developed, which can coexist with GSM in the 900 MHz band in a more technologically neutral regulatory context than before. The 900 MHz band has good propagation characteristics, covering greater distances than higher frequency bands and allowing modern voice, data and multimedia services to be extended to less populated and rural areas. Member States should ensure that the liberalisation of the use of the 900 MHz band does not result in competitive distortions. A recital states that the future use of the 900 MHz band and in particular the question of how long GSM will remain the reference technology for technical coexistence in this band is a question of strategic importance for the internal market. It should be examined together with other issues concerning the Community’s wireless access policy in the future radio spectrum policy programmes, to be adopted in accordance with Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (Framework Directive) as amended. Those programmes will set out the policy orientations and objectives for the strategic planning of the use of radio spectrum, in close cooperation with the Radio Spectrum Policy Group. Within six months of the entry into force of this Directive , Member States should transpose Directive 87/372/EEC as amended. While this does not in itself require Member States to modify existing rights of use or to initiate an authorisation procedure, Member States must comply with the requirements of Directive 2002/20/EC (Authorisation Directive) once the 900 MHz band has been made available in accordance with this Directive. If the Member States conclude that there is evidence of distortion, they should consider whether it is objectively justified and proportionate to amend the rights of use of those operators that were granted rights of use of 900 MHz frequencies and, where proportionate, to review these rights of use and to redistribute such rights in order to address such distortions. Any decision to take such a course of action should be preceded by a public consultation. In addition, any spectrum made available under this Directive should be allocated in a transparent manner and in such a way as to ensure no distortion of competition in the relevant markets. In order for other systems to coexist with GSM systems in the same band, harmful interference should be avoided by applying technical usage conditions applicable to technologies other than GSM using the 900 MHz band. The text underlines that flexibility in spectrum management and access to spectrum should be increased in order to contribute to the objectives of the internal market in electronic communications. The 900 MHz band should therefore be open to other systems for the provision of other pan-European services as soon as it can be demonstrated that those systems can coexist with GSM systems. ENTRY INTO FORCE: 09/11/2009. TRANSPOSITION: 09/05/2010. docs: title: Directive 2009/114 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0114 title: OJ L 274 20.10.2009, p. 0025 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:274:SOM:EN:HTML
other
  • body: EC dg: url: http://ec.europa.eu/dgs/connect/index_en.htm title: Communications Networks, Content and Technology commissioner: REDING Viviane
procedure/dossier_of_the_committee
Old
ITRE/6/70155
New
  • ITRE/6/70155
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0114
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0114
procedure/instrument
Old
Directive
New
  • Directive
  • Amending 'GSM Directive' 87/372/EEC
procedure/subject
Old
  • 3.30.05 Electronic and mobile communications, personal communications
  • 3.30.06 Information and communication technologies
  • 3.30.20 Trans-European communications networks
New
3.30.05
Electronic and mobile communications, personal communications
3.30.06
Information and communication technologies, digital technologies
3.30.20
Trans-European communications networks
procedure/summary
  • Amending 'GSM Directive' 87/372/EEC
activities/10/docs/1/url
Old
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:274:TOC
New
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:274:SOM:EN:HTML
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2008-11-19T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0762/COM_COM(2008)0762_EN.pdf celexid: CELEX:52008PC0762:EN type: Legislative proposal published title: COM(2008)0762 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/connect/index_en.htm title: Communications Networks, Content and Technology Commissioner: REDING Viviane
  • date: 2008-12-04T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: True committee: ITRE date: 2008-12-02T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PSE name: PLEGUEZUELOS AGUILAR Francisca
  • date: 2009-04-21T00:00:00 body: EP committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: True committee: ITRE date: 2008-12-02T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PSE name: PLEGUEZUELOS AGUILAR Francisca type: Vote in committee, 1st reading/single reading
  • date: 2009-04-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-276&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0276/2009 body: EP committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: True committee: ITRE date: 2008-12-02T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PSE name: PLEGUEZUELOS AGUILAR Francisca type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2009-05-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090505&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2009-05-06T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=17209&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-363 type: Decision by Parliament, 1st reading/single reading title: T6-0363/2009 body: EP type: Results of vote in Parliament
  • date: 2009-07-27T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 2957
  • date: 2009-07-27T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2009-09-16T00:00:00 body: CSL type: Final act signed
  • date: 2009-09-16T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2009-10-20T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0114 title: Directive 2009/114 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:274:TOC title: OJ L 274 20.10.2009, p. 0025
committees
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: True committee: ITRE date: 2008-12-02T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PSE name: PLEGUEZUELOS AGUILAR Francisca
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/connect/index_en.htm title: Communications Networks, Content and Technology commissioner: REDING Viviane
procedure
dossier_of_the_committee
ITRE/6/70155
reference
2008/0214(COD)
instrument
Directive
legal_basis
EC Treaty (after Amsterdam) EC 095
stage_reached
Procedure completed
summary
Amending 'GSM Directive' 87/372/EEC
subtype
Legislation
title
Frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject