HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 113/18
EN
Official Journal of the European Union
25.4.2013
COMMISSION IMPLEMENTING DECISION
of 23 April 2013
defining the practical arrangements, uniform formats and a methodology in relation to the radio
spectrum inventory established by Decision No 243/2012/EU of the European Parliament and of the
Council establishing a multiannual radio spectrum policy programme
(notified under document C(2013) 2235)
(Text with EEA relevance)
(2013/195/EU)
THE EUROPEAN COMMISSION,
burden on the Member States while some prioritisation is
necessary depending on the type of use, by focusing first
on the bands identified in Article 6 of the Decision No
Having regard to the Treaty on the Functioning of the European
243/2012/EU and the bands relating to Union policies
Union,
identified in Article 8 of that Decision. The purpose is to
set up an inventory which is improved continually and
Having regard to Decision No 243/2012/EU of the European
could help achieving an efficient management of the
Parliament and of the Council of 14 March 2012 establishing a
spectrum in all bands relevant to Union policies
multiannual radio spectrum policy programme ( 1 ), and in
through gradual improvement of data availability and
particular Article 9(2) thereof,
analysis. Some of the most urgent contributions from
the inventory should be to identify at least 1 200 MHz
of suitable spectrum for wireless broadband services, as
Whereas:
provided by Article 3(b) of Decision No 243/2012/EU as
well as to enhance efficiency and flexibility, inter alia, by
(1)
An inventory of existing uses of spectrum, for both
fostering, where appropriate, the collective use and
commercial and public purposes, has been established
shared use of spectrum, as called for in Article 4(1) of
by Decision No 243/2012/EU. To implement this
that Decision.
inventory, an implementing act shall be adopted to, on
the one hand, develop practical arrangements and
uniform formats for the collection and provision of
(4)
Data should be provided by Member States in the most
data by the Member States to the Commission on
consistent way possible, either through the European
existing uses of spectrum and on the other hand to
Communications Office Frequency Information System
develop a methodology for the analysis of technology
(EFIS), or directly to the Commission, in cases for
trends, future needs and demand for spectrum in policy
example where data gathered from public users and
areas covered by the radio spectrum policy programme
national authorities needs to be treated on a restricted
(RSPP), so as to identify developing and potential
or confidential basis. Specific uniform formats for the
significant uses of spectrum, in particular in the
collection of data may vary considerably depending on
frequency range between 400 MHz and 6 GHz (here
the type of use and frequency band in question and data
inafter ‘the relevant spectrum’).
may in certain cases not be available in a specific
uniform format. In order nevertheless to ensure that
available data is provided to the Commission in an
(2) The
inventory
should
help
identify
spectrum
bands
in
effective way for analysis, Member States should collect
which the efficiency of existing spectrum uses could be
data in machine readable format so as to allow the same
improved, in particular bands that could be suitable for
electronic data interchange format with the Commission
reallocation and spectrum-sharing opportunities so as to
and EFIS.
support EU policies set out in the RSPP, in order to
match technology trends, and future needs for
spectrum based, inter alia, on consumers’ and operators’
(5) As
well
as
providing
relevant
data
that
is
available,
demand in Union policy areas. In order to help analyse
Member States, together with the Commission, should
the various types of use of the spectrum by private, i.e.
engage in a collaborative process to improve the
mainly commercial, and public, i.e. governmental, users,
quality and comparability of data, in order to develop
there is a need to improve the level of detail, in
the efficiency of the inventory as appropriate and
particular, quantitative data available on supply and
relevant for the specific band in question, and to find a
demand for certain parts of the spectrum or uses, as
comparable format for data, without imposing a further
the data available currently varies considerably,
administrative burden.
depending on whether the spectrum is used for private,
commercial or public purposes, and across Member
States.
(6) Additional
data
could
also
be
obtained
from
public
consultations and studies. Moreover, the inventory
could use data provided, on a voluntary basis, by
(3) The
spectrum inventory should be constructed
Member States and private parties who monitor
progressively in order to lower the administrative
spectrum on a permanent basis to manage the
spectrum at local level, to cross-check the validity of
( 1 ) OJ L 81, 21.3.2012, p. 7.
licensing data, determine usage density in certain types

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
113/19
of authorisation schemes such as license-exempt bands
(11) In
line
with
Article
15
of
Decision
No
243/2012/EU,
the
and evaluate the level of spectrum usage throughout the
effectiveness of the inventory should be reviewed from
Union in particular for bands in high demand.
time to time to ensure that the objectives listed in that
Decision are being implemented effectively and whether
they need to be adapted. Member States should provide
(7) In
order
to
minimise
the
administrative
burden
and
the Commission with the relevant information.
obligations for Member States, the methodology chosen
for the inventory should take into account to the best
extent possible the data provided by Member States
(12) The
measures
provided
for
in
this
Decision
take
utmost
pursuant to Commission Decision No 2007/344/EC of
account of the views of the Radio Spectrum Policy Group
16 May 2007 on harmonised availability of information
and are in accordance with the opinion of the Radio
regarding spectrum use within the Community
( 1 ).
Spectrum Committee,
Additional information gathered through voluntary
means such as studies, including from the European
Conference of Postal and Telecommunications Adminis
HAS ADOPTED THIS DECISION:
trations, could also be used to further populate the
inventory.
Article 1
Objective
(8) The
identification
of
frequency
bands
that
could
be
used
more efficiently and which would be suitable for reallo
This decision sets the practical arrangements and uniform
cation or spectrum sharing requires detailed knowledge
formats for the collection and provision of data by Member
of the actual use of spectrum, preferably evidenced by
States to the Commission on existing uses of spectrum
quantitative data. Such identification would help to find
between 400 MHz and 6 GHz (hereafter ‘the relevant spec
solutions to accommodate the technology trends, future
trum’), and the methodology for the analysis of technology
needs and demand for spectrum which would be
trends, future needs and demand for spectrum in Union
identified pursuant to the analysis to be conducted.
policy areas, pursuant to Article 9 of Decision No 243/2012/EU
establishing a multiannual Radio Spectrum Policy Programme.
(9) The
process
of
the
inventory
should
lead
to
a
continual
improvement of the efficient use of spectrum to satisfy a
Article 2
demand in constant evolution in relation to Union
Collection and Provision of data
policies and taking into account technological evolution.
On that basis, and to achieve the objectives set by
In order to fulfil the objectives under Article 9(1) of Decision
Article 9(1) of Decision No 243/2012/EU, the
No 243/2012/EU, Member States shall collect and provide for
Commission would issue reports to the European
electronic data interchange with the Commission data which is
Parliament and to the Council. That would be done on
available to them on rights of use and actual use of the relevant
a regular basis, depending on the time necessary to
spectrum, in accordance with the following arrangements:
conduct the analysis in the inventory as well as the
pace of evolution of spectrum use.
(1) Member States shall ensure that the relevant information
already collected pursuant to Decision No 2007/344/EC is
(10) While transparency of the use of spectrum is essential to
provided by the European Communications Office to the
the inventory, this is subject to the protection of personal
Commission, so as to minimise the administrative burden;
data and privacy, business confidentiality and state secrets
under EU law. These provisions include Article 346(1)(a)
of the Treaty on the Functioning of the European Union
(2) in addition to data under paragraph 1, Member States shall
allowing Member States to refrain from supplying
provide to the Commission data, if available at national
information contrary to the essential interests of its
level, in the machine readable format chosen at national
security; Article 8 of Decision No 676/2002/EC of the
level, including data on the public use of spectrum, and
European Parliament and of the Council of 7 March
which is necessary for the Commission to carry out its
2002 on a regulatory framework for radio spectrum
tasks under this Decision and Decision No 243/2012/EU;
policy in the European Community (Radio Spectrum
Decision) ( 2 ); Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May
(3) Member States shall cooperate with the Commission to
2001 regarding public access to European Parliament,
increase the data available on spectrum use for provision
Council and Commission documents (
under paragraph 2, in particular by providing quantitative

3 ); as well as the
Annex to the Rules of Procedure of the Commission
data such as, unless they consider it impossible in view of
which governs the handling of EU classified information,
national circumstances, the number of transmitters, time
including information originating within the EU or is
duration of usage and the coordinates or location
received from Member States, third States or inter
information showing the geographical extent of spectrum
national organisations (
usage, as well as technologies in use and sharing conditions,

4 ).
and this in a comparable format across Member States. In
order to limit the administrative burden, data concerning
( 1 ) OJ L 129, 17.5.2007, p. 67.
those bands relevant for the implementation of the
( 2 ) OJ L 108, 24.4.2002, p. 1.
( 3 ) OJ L 145, 31.5.2001, p. 43.
objectives set by Decision No 243/2012/EU, taking into
( 4 ) OJ L 317, 3.12.2001, p. 1.
account the opinion of the Radio Spectrum Policy Group,

---

L 113/20
EN
Official Journal of the European Union
25.4.2013
shall be collected and provided in accordance with this
taking into account drawbacks (including costs for users, manu
Article first. Data about all frequency bands in the
facturers and the financial budget of the Union on the one hand
relevant spectrum shall be collected and provided by
and of the Member States concerned on the other) and benefits,
Member States in a step-by-step approach by 31 December
including an analysis of the overall effects of those options.
2015.
Article 5
Article 3
Confidentiality and classified information
Identification of future demand for spectrum
Member States and the Commission shall ensure the protection
1. In
order
to
help
identify
future
demand
for
spectrum
as of information which is considered confidential or classified by
well as specific spectrum bands which could best accommodate
a Member State, an international institution, the Commission or
future needs and demand for spectrum, whilst taking utmost
any third party, in accordance with EU and national law, in
account of the opinion of the Radio Spectrum Policy Group, the
particular:
Commission shall analyse all data collected pursuant to
Article 2 or through other means, such as public consultations
and studies, taking into account:
— business confidential information,
— the technical efficiency of existing use,
— information in relation to protection of privacy, and
— the economic efficiency of existing use by comparing the
— information in relation to public security and defence.
possibilities and options available for individual bands to
accommodate future needs,
This shall be without prejudice to the right of relevant auth
— the socioeconomic impact on existing users of the relevant
orities to undertake disclosure where permitted under national
bands and adjacent bands.
law and if such a disclosure is essential for the purposes of
fulfilling their duties. Such disclosure shall be proportionate
and shall have regard to the legitimate interest of the party
2. The
analysis
referred
to
in
paragraph
1
shall
aim
at
iden
concerned in the protection of any of the information
tifying technology trends, future needs and demand for
mentioned above.
spectrum in Union policy areas in relation to applications
grouped by similar technical characteristics and functionality
in Part I of the Annex, and the identification of significant
Article 6
developing and potential uses of spectrum. This analysis shall,
Review
where necessary and possible, contain at least the information
listed in Part II of the Annex. The Commission shall ensure
In order to assist the Commission in reporting on the func
transparency by conducting workshops or public consultations.
tioning of the radio spectrum inventory, Member States shall
provide the Commission with information on the application
Article 4
and effectiveness of this decision.
Report to European Parliament and Council
Article 7
1. The Commission shall include the results of the analysis
conducted pursuant to this Decision and the information listed
Addressees
in Part II of the Annex in regular reports to be submitted
This Decision is addressed to the Member States.
pursuant to Article 9(4) of Decision No 243/2012/EU.
2. In
order
to
meet
the
objectives
of
Article
9(1)
of
Decision Done at Brussels, 23 April 2013.
No 243/2012/EU and taking into account the analysis of tech
nology trends, future needs and demand for spectrum, together
with an analysis of data collected under Article 2 of this
For the Commission
Decision, the Commission may include in these reports
possible specific options for accommodating the identified
Neelie KROES
needs and maximising the efficiency of the use of spectrum
Vice-President

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
113/21
ANNEX
PART I
Application Groupings
The following application groupings are relevant for the analysis of trends, needs and demand by the Commission and do
not restrict the application terms used by the Member States when providing data. These groupings are intended to
provide a starting point for a structured assessment of spectrum usage with similar technical characteristics and func
tionality and may be developed further, as appropriate, for the assessment of technology trends, future needs and
spectrum demand.
(1) Aeronautical, Maritime and Civil Radiolocation and Navigation Systems
(2) Broadcasting (terrestrial)
(3) Cellular/BWA
(4) Defence Systems
(5) Fixed Links
(6) Intelligent Transport Systems (ITS)
(7) Meteorology
(8) PMR/PAMR
(9) PMSE
(10) PPDR
(11) Radio Astronomy
(12) Satellite Systems
(13) Short Range Devices (SRDs)
(14) WLAN/RLAN
PART II
Content of the report to be submitted by the Commission pursuant to Article 4
Where possible depending on the level of data collected, the report to be submitted by the Commission pursuant to
Article 9(4) of Decision No 243/2012/EU shall include at least the following information:
(1) state of technology trends for the use of the relevant spectrum in the Union policy areas covered by the Radio
Spectrum Policy Programme;
(2) future needs and demand for spectrum.

---

Document Outline

• �

---