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11.10.2011 Official
Journal
of
the
European
Union L
265/25
COMMISSION DECISION
of 10 October 2011
on modalities for coordinated application of the rules on enforcement with regard to mobile
satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European
Parliament and of the Council
(notified under document C(2011) 7001)
(Text with EEA relevance)
(2011/667/EU)
THE EUROPEAN COMMISSION,
provision of MSS, they must have met milestones six to
nine set out in the Annex to this latter Decision by
13 May 2011 and they must honour any commitments
Having regard to the Treaty on the Functioning of the European
they gave in their applications.
Union,
Having regard to Decision No 626/2008/EC of the European
(6) Monitoring
of compliance with these common
Parliament and of the Council of 30 June 2008 on the
conditions and enforcement should be undertaken at
selection and authorisation of systems providing mobile
national level, including the final assessment of any
satellite services (MSS) (
breach of common conditions.

1 ), and in particular Article 9(3) thereof,
Whereas:
(7) National
rules
on
enforcement
should
be
in
accordance
with Union law, in particular Article 10 of Directive
2002/20/EC of the European Parliament and of the
(1) Decision
No
626/2008/EC
aims
to
facilitate
the
devel
Council of 7 March 2002 on the authorisation of elec
opment of a competitive internal market for MSS
tronic communications networks and services ( 3 ).
across the Union and to ensure gradual coverage in all
Member States by the operators selected to provide these
services.
(8) The
cross-border
nature
of
the
common
conditions
provided for in Article 7(2) of Decision No 626/2008/EC
(2) In
particular,
it
creates
a
procedure
for
the
common
requires coordination at Union level of the national
selection of operators of mobile satellite systems that
procedures leading to enforcement by Member States.
use the 2
GHz frequency band, comprising radio
Inconsistencies in the application of national
spectrum from 1 980 to 2 010 MHz for earth to space
enforcement procedures, in particular regarding the
communications, and from 2 170 to 2 200 MHz for
investigation, the timing and the nature of any
space to earth communications.
measures taken, would result in a patchwork of
enforcement measures in contradiction to the pan-
European nature of MSS.
(3) Commission
Decision
2009/449/EC
of
13
May
2009
on
the selection of operators of pan-European systems
providing mobile satellite services (MSS) ( 2 ) lists the
(9) This
Decision
should
not
cover
enforcement
of
purely
selected operators and corresponding frequencies.
national conditions nor apply to enforcement measures
concerning conditions other than common conditions
referred to in Article 7(2) of Decision No 626/2008/EC.
(4) In
accordance
with
Article
7(1)
of
Decision
No
In view of the essentially national dimension of any
626/2008/EC Member States should ensure that the
specific conditions in relation to complementary
selected applicants have the right to use the specific
ground components of mobile satellite systems,
radio frequency identified in Decision 2009/449/EC and
enforcement of common conditions referred to in
the right to operate a mobile satellite system according to
Article 8(3) of Decision No 626/2008/EC should not
the time-frame and in the service area to which the
be included in the scope of this Decision.
selected applicants have committed themselves.
(5) The
rights
to
use
the
specific
radio
frequency
and
to (10) In order to ensure compliance with the common
operate a mobile satellite system are subject to
conditions embedded in the general authorisation
common conditions laid down in Article 7(2) of
and/or the rights to use the frequencies granted,
Decision No 626/2008/EC. In particular the selected
enforcement measures may be adopted, pursuant to
operators must use the assigned radio spectrum for the
Article 10 of Directive 2002/20/EC, by Member States
that authorised the selected operators.
( 1 ) OJ L 172, 2.7.2008, p. 15.
( 2 ) OJ L 149, 12.6.2009, p. 65.
( 3 ) OJ L 108, 24.4.2002, p. 21.

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L 265/26
EN
Official Journal of the European Union
11.10.2011
(11) Article 10 of Directive 2002/20/EC provides for a
needed, such as suspension. Therefore withdrawal or
graduated approach to enforcement, envisaging a first
suspension measures should be adopted only after the
phase where the alleged breach is investigated and
views of Member States have been shared and
measures aimed at ensuring compliance are adopted, if
discussed within the Communications Committee.
applicable. In accordance with Article 10(3) of Directive
2002/20/EC, such measures should stipulate a reasonable
period for the operator to comply with the measure. In
general, the determination of a reasonable time to
(16) Since
the
objective
of
this
Decision,
namely
to
define
the
comply should take into account the specific nature of
modalities for the coordinated application, across the
the satellite industry, of the breach concerned, and of the
European Union, of the rules on enforcement of the
remedy envisaged. In particular, where the launch of a
common conditions attached to the authorisation to
satellite would be necessary to achieve compliance with
provide MSS services and/or the right to use the
any of the common conditions concerned, measures
selected frequencies, cannot be sufficiently achieved by
adopted may provide for a roadmap including inter
Member States alone and can therefore, by reason of
mediate steps and corresponding time limits. A second
the scale and effects of the action, be better achieved at
phase triggered by the failure to address serious and
Union level, the Union may adopt measures, in
repeated breaches can then lead to withdrawal of the
accordance with the principle of subsidiarity as set out
rights of use.
in Article 5 of the Treaty. In accordance with the
principle of proportionality as set out in that Article,
this Decision does not go beyond what is necessary in
order to achieve that objective.
(12) This Decision should be without prejudice to the power
of the relevant national authorities to adopt interim
measures, subject to the conditions provided for in
Article 10(6) of Directive 2002/20/EC.
(17) The
measures provided for in this Decision are in
accordance with the opinion of the Communications
Committee,
(13) Notifications
to
the
Commission
of
any
findings
made
by
authorising Member States in accordance with this
HAS ADOPTED THIS DECISION:
Decision are without prejudice to the possibility for
any Member State to submit written observations in
view of discussions at the Communications Committee.
Article 1
Subject matter, objective and scope
(14) While the common conditions provided for in
1. This Decision lays down the modalities for the coor
Article 7(2) of Decision No 626/2008/EC form an
dinated application of Member States’ rules on enforcement
integral part of the national legal framework regulating
applicable to an authorised operator of mobile satellite
the activity of the authorised operators, the monitoring
systems in the event of an alleged breach of the common
of compliance in each Member State, and in particular
conditions attached to its authorisation.
the analysis of the facts underlying any alleged breach of
those common conditions, requires knowledge of all the
factual elements of a cross-border nature and effects, and
may require information on the provision of the service
2. Taking
into
account
the
cross-border
nature
of
MSS,
coor
in other Member States. Sharing the findings of the
dination with the assistance of the Communications Committee
various competent national authorities and the views
shall aim in particular at facilitating a common understanding
stated by the authorised operators concerned would
of the facts underlying any alleged breach and its gravity,
help achieve more consistent and effective enforcement
leading to consistent application of national enforcement rules
throughout the Union. In addition, a coordinated
across the European Union, including coordinated timing of any
timescale for enforcement should increase legal
measures taken, in particular where breaches are similar in
certainty for the authorised operators concerned.
nature.
(15) In accordance with Article 10(5) of Directive
3. This
Decision
does
not
apply
to
enforcement
measures
2002/20/EC a prohibition to provide the services and
concerning conditions other than the common conditions
the suspension or withdrawal of the right to use the
referred to in Article 7(2) of Decision No 626/2008/EC.
specific radio frequency may be decided in cases of
serious or repeated breaches where measures aimed at
ensuring compliance within a reasonable period of time
have failed. In the specific case of the provision of MSS,
Article 2
the decision to withdraw or suspend the rights of use has
Definitions
relevant cross-border effects. Moreover, depending on the
national procedure, appropriate measures leading to the
1. The
definitions
laid
down
in
Decision
No
626/2008/EC
definitive withdrawal of the authorisation might be
shall apply for the purposes of this Decision.

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EN
11.10.2011 Official
Journal
of
the
European
Union L
265/27
2. The following definitions shall also apply:
which has notified the authorised operator concerned of its
findings pursuant to Article 10(2) of Directive 2002/20/EC
and concludes that one or more common conditions have
— ‘authorised operator’ shall mean an operator selected
been breached shall take appropriate and proportionate
pursuant to Decision 2009/449/EC which has been
measures, including financial penalties, aimed at ensuring
granted the right under general authorisation or individual
compliance by the authorised operator concerned with the
rights of use to use the specific radio frequencies identified
common conditions, with the exception of withdrawal, or
in Decision 2009/449/EC and/or the right to operate a
suspension if applicable in accordance with their national law,
mobile satellite system,
of any authorisation or right of use held by the authorised
operator concerned.
— ‘common conditions’ shall mean the common conditions to
which the rights of an authorised operator are subject in
accordance with Article 7(2) of Decision No 626/2008/EC,
6. In
the
event
of
serious
or
repeated
breaches
of
the
common conditions, any authorising Member State which
after having taken the measures referred to in paragraph 5
— ‘authorising Member State’ shall mean a Member State
intends to adopt a decision to withdraw the authorisation
which has granted authorised operators rights under
pursuant to Article 10(5) of Directive 2002/20/EC shall
general authorisation or individual rights of use to use the
inform the Commission of its intention and provide a
specific radio frequencies identified in Decision
summary of any measure taken by the authorised operator
2009/449/EC and/or the right to operate a mobile satellite
concerned to comply with the enforcement measures. The
system.
Commission shall communicate this information to the other
Member States.
Article 3
7. Within
3
months
of
the
transmission
by
the
Commission
Coordination of enforcement of common conditions
to the Member States of the information as referred to in
1. Where an authorising Member State finds that an auth
paragraph 6, a meeting of the Communications Committee
orised operator does not comply with one or more of the
shall be convened with the objective to coordinate any with
common conditions and informs that operator of its findings
drawal of an authorisation in line with the objectives referred to
pursuant to Article 10(2) of Directive 2002/20/EC, it shall at
in Article 1(2). In the meantime all authorising Member States
the same time inform the Commission which shall in turn
shall refrain from adopting decisions entailing withdrawal, or
inform the other Member States.
suspension if applicable in accordance with their national law,
of any authorisation or right of use held by the authorised
operator concerned.
2. Following
the
transmission
by
the
Commission
to
the
Member States of the information as referred to in paragraph
1, the other authorising Member States shall investigate whether
8. Following the meeting of the Communications Committee
there is a breach of the relevant common conditions within
as referred to in paragraph 7, the authorising Member States
their jurisdiction and give the authorised operator concerned
may adopt appropriate decisions with a view to withdrawing
the opportunity to state its views.
the authorisation granted to the authorised operator concerned.
3. Within
5
months
of
the
transmission
by
the
Commission
9. Any
enforcement
decision
referred
to
in
paragraphs
5
and
to the Member States of the information as referred to in
8 and the reasons on which it is based shall be communicated
paragraph 1, the authorising Member States shall notify a
to the authorised operator concerned within 1 week from its
summary of their findings and of the views submitted by the
adoption, as well as to the Commission, which shall inform the
authorised operator concerned to the Commission, which shall
other Member States.
inform all the other Member States. Within 8 months from the
transmission by the Commission to the Member States of the
information as referred to in paragraph 1, the Commission shall
convene a meeting of the Communications Committee in order
Article 4
to examine the alleged breach and, if applicable, to discuss any
Addressees
appropriate measures aimed at ensuring compliance, in line
with the objectives referred to in Article 1(2).
This Decision is addressed to the Member States.
4. Member
States
shall
refrain
from
adopting
any
final Done at Brussels, 10 October 2011.
decision on the alleged breach before the meeting of the
Communications Committee as referred to in paragraph 3.
For the Commission
5. After the meeting of the Communications Committee as
Neelie KROES
referred to in paragraph 3, each authorising Member State
Vice-President

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