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21.3.2012 Official
Journal
of
the
European
Union
L
81/7
DECISIONS
DECISION No 243/2012/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 March 2012
establishing a multiannual radio spectrum policy programme
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
Europe’, and is included among the 50 priority actions of
EUROPEAN UNION,
the Commission Communication of 11 November 2010,
‘Towards a Single Market Act’.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114 thereof,
(2) This
Decision
should
be
without
prejudice
to
existing
Union law, in particular Directive 1999/5/EC of the
Having regard to the proposal from the European Commission,
European Parliament and of the Council of 9 March
1999 on radio equipment and telecommunications
After transmission of the draft legislative act to the national
terminal equipment and the mutual recognition of their
parliaments,
conformity ( 4 ), Directive 2002/19/EC of the European
Parliament and of the Council of 7 March 2002 on
access to, and interconnection of, electronic communi
Having regard to the opinion of the European Economic and
cations networks and associated facilities (Access Direc
Social Committee ( 1 ),
tive) ( 5 ), Directive 2002/20/EC of the European
Parliament and of the Council of 7 March 2002 on
the authorisation of electronic communications
After consulting the Committee of the Regions,
networks and services (Authorisation Directive)
( 6 ),
Directive 2002/21/EC as well as Decision No
676/2002/EC of the European Parliament and of the
Acting in accordance with the ordinary legislative procedure ( 2 ),
Council of 7 March 2002 on a regulatory framework
for radio spectrum policy in the European Community
(Radio Spectrum Decision) ( 7 ). This Decision should also
Whereas:
be without prejudice to measures taken at national level,
in compliance with Union law, that pursue general
interest objectives, in particular relating to content regu
(1) In
accordance
with
Directive
2002/21/EC
of
the
European Parliament and of the Council of 7 March
lation and audiovisual policy, and to the right of Member
2002 on a common regulatory framework for electronic
States to organise and use their spectrum for public order
communications networks and services (Framework
and public security purposes and for defence.
Directive) ( 3 ), the Commission may submit legislative
proposals to the European Parliament and the Council
for establishing multiannual radio spectrum policy
programmes. Those programmes should set out policy
(3)
Spectrum is a key public resource for essential sectors
orientations and objectives for the strategic planning
and services, including mobile, wireless broadband and
and harmonisation of the use of spectrum in accordance
satellite communications, television and radio broad
with the directives applicable to electronic communi
casting, transport, radiolocation, and applications such
cations networks and services. Those policy orientations
as alarms, remote controls, hearing aids, microphones,
and objectives should refer to the availability and efficient
and medical equipment. It supports public services,
use of the spectrum necessary for the establishment and
such as security and safety services including civil
functioning of the internal market. The Radio Spectrum
protection, and scientific activities, such as meteorology,
Policy Programme (hereinafter ‘the Programme’) should
Earth observation, radio astronomy and space research.
support the goals and key actions outlined in the
Easy access to spectrum also plays a role in the provision
Commission Communication of 3 March 2010 on the
of electronic communications, in particular for citizens
Europe 2020 Strategy and the Commission Communi
and businesses located in remote and sparsely populated
cation of 26 August 2010 on ‘A Digital Agenda for
areas, such as rural areas or islands. Regulatory measures
on spectrum therefore have economic, safety, health,
public interest, cultural, scientific, social, environmental
( 1 ) OJ C 107, 6.4.2011, p. 53.
and technical implications.
( 2 ) Position of the European Parliament of 11 May 2011 (not yet
published in the Official Journal) and position of the Council at
first reading of 13 December 2011 (OJ C 46 E, 17.2.2012, p. 1).
( 4 ) OJ L 91, 7.4.1999, p. 10.
Position of the European Parliament of 15 February 2012 (not yet
( 5 ) OJ L 108, 24.4.2002, p. 7.
published in the Official Journal).
( 6 ) OJ L 108, 24.4.2002, p. 21.
( 3 ) OJ L 108, 24.4.2002, p. 33.
( 7 ) OJ L 108, 24.4.2002, p. 1.

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L 81/8
EN
Official Journal of the European Union
21.3.2012
(4)
A renewed economic and social approach with regard to
Union citizens. Given the importance of wireless appli
the management, allocation and use of spectrum should
cations for innovation, the Programme is also a key
be adopted. That approach should have a particular focus
initiative in support of Union policies on innovation.
directed towards spectrum policy, with the aim to ensure
greater spectrum efficiency, better frequency planning
and safeguards against anti-competitive behaviour.
(9) The
Programme
should
lay
the
foundations
for
a
devel
opment whereby the Union can take the lead regarding
wireless broadband speeds, mobility, coverage and
(5) The
strategic
planning
and
harmonisation
of
spectrum
capacity. Such leadership is essential in order to
use at Union level should enhance the internal market
establish a competitive single digital market working to
for wireless electronic communications services and
open up the internal market for all Union citizens.
equipment as well as other Union policies requiring
spectrum use, thus creating new opportunities for inno
vation and employment creation, and simultaneously
contributing to economic recovery and social integration
across the Union, while at the same time respecting the
(10) The
Programme
should
specify
guiding
principles
and
important social, cultural and economic value of
objectives up to 2015 for Member States and institutions
spectrum.
of the Union, and set out specific implementation
initiatives. While spectrum management is still largely a
national competence, it should be exercised in
compliance with existing Union law and allow for
action to pursue Union policies.
(6) The
harmonisation
of
appropriate
spectrum
use
can
also
be beneficial to the quality of the services provided
through electronic communications, and is essential in
order to create economies of scale, lowering both the
cost of deploying wireless networks and the cost of
(11) The
Programme
should
also
take
into
account
Decision
wireless devices for consumers. To that end, the Union
No 676/2002/EC and the technical expertise of the
needs a policy programme that covers the internal
European Conference of Postal and Telecommunications
market in all Union policy areas involving the use of
Administrations (hereinafter ‘CEPT’) so that Union
spectrum, such as electronic communications, research,
policies which rely on spectrum and have been agreed
technological development and space, transport, energy
by the European Parliament and the Council can be
and audiovisual policies.
implemented by technical implementing measures,
noting that such measures can be taken whenever
necessary to implement already existing Union policies.
(7) The
Programme
should
promote
competition
and
contribute to laying the foundation for a genuine single
digital market.
(12) Easy
access
to
spectrum
may
require
innovative
types
of
authorisation such as collective use of spectrum, or infra
structure sharing, the application of which in the Union
could be facilitated by identifying best practices and
(8) The
Programme
should,
in
particular,
support
the
Europe
encouraging information sharing, as well as by defining
2020 Strategy, given the huge potential of wireless
certain common or converging conditions for the use of
services to promote a knowledge-based economy,
spectrum. General authorisations, which are the least
develop and assist sectors relying on information and
onerous type of authorisation, are of particular interest
communications technologies and overcome the digital
where interference does not risk hampering the devel
divide. The growing use of, in particular, audiovisual
opment of other services.
media services and online content is increasing demand
for speed and coverage. It is also a key action in the
Digital Agenda for Europe, which aims to deliver fast
broadband internet in the future network- and
(13) While
technologically
still
in
development,
so-called
‘cog
knowledge-based economy, with an ambitious target
nitive technologies’ should already be further explored,
for universal broadband coverage. Providing the highest
including by facilitating sharing based on geolocalisation.
possible wired and wireless broadband speeds and
capacity contributes to achieving the target of access to
broadband at a speed of not less than 30 Mbps for all by
2020 with at least half of Union households having
access to broadband at a speed of at least 100 Mbps,
(14) Spectrum
rights
trading
combined
with
flexible
usage
and is important for fostering economic growth and
conditions could substantially benefit economic growth.
global competitiveness, and necessary to achieve the
Therefore, bands where flexible use has already been
sustainable economic and social benefits of a single
introduced by Union law should immediately be made
digital market. It should also support and promote
tradable pursuant to Directive 2002/21/EC. The sharing
other Union sectoral policies such as a sustainable
of best practices on authorisation conditions and
environment and economic and social inclusion for all
procedures for such bands and common measures to

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21.3.2012 Official
Journal
of
the
European
Union
L
81/9
prevent accumulation of rights of use of spectrum which
Member States pursuant to Commission Decision
may create dominant positions, as well as undue failure
2007/344/EC of 16 May 2007 on harmonised avail
to use such rights, would facilitate the coordinated intro
ability of information regarding spectrum use within
duction by all Member States of these measures and
the Community ( 2 ) should be taken fully into account
facilitate acquisition of such rights anywhere in the
when developing the methodology for establishing an
Union. Collective (or shared) use of spectrum — as an
inventory of existing uses of spectrum.
undetermined number of independent users and/or
devices to access spectrum in the same range of
frequencies at the same time and in a particular
geographic area under a well-defined set of conditions
— should be fostered where applicable, without
(17) Harmonised
standards
under
Directive
1999/5/EC
are
prejudice to the provisions of Directive 2002/20/EC
essential to achieve efficient use of spectrum and
with regard to electronic communications networks and
should take account of legally defined sharing conditions.
services.
European standards for non-radio electric and electronic
equipment and networks should also avoid disturbance
to spectrum use. The cumulative impact of the increasing
volume and density of wireless devices and applications
combined with the diversity of spectrum use presents a
(15) As
underlined
in
the
Digital
Agenda
for
Europe,
wireless
challenge to current approaches to interference
broadband is an important means to boost competition,
management. These should therefore be examined and
consumer choice and access in rural and other areas
reassessed together with receiver characteristics and
where deployment of wired broadband is difficult or
more sophisticated interference avoidance mechanisms.
not economically viable. However, spectrum
management may affect competition by changing the
role and power of market players, for example if
existing users receive undue competitive advantages.
Limited spectrum access, in particular when appropriate
(18) Member
States
should
be
allowed,
where
appropriate,
to
spectrum becomes scarcer, can create a barrier to entry
introduce compensatory measures relating to migration
for new services or applications and hamper innovation
costs.
and competition. Acquisition of new rights of use of
spectrum, including through spectrum transfer or
leasing or other transactions between users, and the
introduction of new flexible criteria for spectrum use
can have an impact on the existing competitive situation.
(19) In
line
with
the
objectives
of
the
Digital
Agenda
for
Member States should therefore take appropriate ex ante
Europe, wireless broadband could contribute substantially
or ex post regulatory measures (such as action to amend
to economic recovery and growth if sufficient spectrum
existing rights, to prohibit certain acquisitions of rights of
were made available, rights of use of spectrum were
use of spectrum, to impose conditions on spectrum
awarded quickly, and trading were allowed to adapt to
hoarding and efficient use such as those referred to in
market evolution. The Digital Agenda for Europe calls for
Directive 2002/21/EC, to limit the amount of spectrum
all Union citizens to have access to broadband at a speed
available for each undertaking, or to avoid excessive
of at least 30 Mbps by 2020. Therefore, the spectrum
accumulation of rights of use of spectrum) to avoid
that has already been covered by existing Commission
distortions of competition in line with the principles
Decisions should be made available under the terms and
underpinning Directive 2002/20/EC and Council
conditions of those Decisions. Subject to market demand,
Directive 87/372/EEC of 25 June 1987 on the
the authorisation process should be carried out in
frequency bands to be reserved for the coordinated intro
accordance with Directive 2002/20/EC by 31 December
duction of public pan-European cellular digital land-based
2012 for terrestrial communications, to ensure easy
mobile communications in the Community (
access to wireless broadband for all, in particular

1 ) (the ‘GSM’
Directive).
within frequency bands designated by Commission
Decisions 2008/411/EC
( 3 ), 2008/477/EC
( 4 ), and
2009/766/EC ( 5 ). In order to complement terrestrial
broadband services and ensure the coverage of most
remote Union areas, satellite broadband access could be
(16) The establishment of an inventory of existing spectrum
a fast and feasible solution.
use together with an analysis of technology trends, future
needs and demand for spectrum, in particular between
( 2 ) OJ L 129, 17.5.2007, p. 67.
400 MHz and 6 GHz, should allow the identification of
( 3 ) Commission Decision 2008/411/EC of 21 May 2008 on the
frequency bands in which efficiency could be improved,
harmonisation of the 3
400-3
800
MHz frequency band for
and of spectrum-sharing opportunities, to the benefit of
terrestrial systems capable of providing electronic communications
both the commercial and public sectors. The
services in the Community (OJ L 144, 4.6.2008, p. 77).
(
methodology for establishing and maintaining an

4 ) Commission Decision 2008/477/EC of 13 June 2008 on the
harmonisation of the 2
500-2
690
MHz frequency band for
inventory of existing uses of spectrum should take due
terrestrial systems capable of providing electronic communications
account of the administrative burden placed on the
services in the Community (OJ L 163, 24.6.2008, p. 37).
administrations and should aim to minimise that
( 5 ) Commission Decision 2009/766/EC of 16 October 2009 on the
burden. Therefore, the information provided by the
harmonisation of the 900 MHz and 1 800 MHz frequency bands
for terrestrial systems capable of providing pan-European electronic
communications services in the Community (OJ L 274, 20.10.2009,
( 1 ) OJ L 196, 17.7.1987, p. 85.
p. 32).

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(20) More flexible arrangements governing the use of
(24) Increased
wireless
broadband
opportunities
are
crucial
to
spectrum should be introduced, where appropriate, in
provide the cultural sector with new distribution plat
order to foster innovation and high-speed broadband
forms, thereby paving the way for the successful future
connections, which enable firms to reduce their costs
development of that sector.
and increase their competitiveness and make it possible
to develop new interactive online services, for example in
the fields of education, health and services of general
interest.
(25) Wireless access systems, including radio local area
networks, may outgrow their current allocations on an
unlicensed basis. The need for and feasibility of extending
the allocations of unlicensed spectrum for wireless access
(21) Having
nearly
500
million
people
connected
to
high-
systems, including radio local area networks, at 2,4 GHz
speed broadband in Europe would contribute to the
and 5 GHz, should be assessed in relation to the
development of the internal market, creating a globally
inventory of existing uses of, and emerging needs for,
unique critical mass of users exposing all regions to new
spectrum, and depending on the use of spectrum for
opportunities, giving each user increased value and giving
other purposes.
the Union the capacity to be a world-leading knowledge-
based economy. The rapid deployment of broadband is
therefore crucial for the development of European
productivity and for the emergence of new and small
(26) While
broadcasting
will
remain
an
important
platform
enterprises that can be leaders in different sectors, for
for distributing content as it is still the most economical
example healthcare, manufacturing, and the services
platform for mass-distribution, wired or wireless
industry.
broadband and other new services provide new oppor
tunities for the cultural sector to diversify its range of
distribution platforms, to deliver on-demand services and
to tap into the economic potential of the major increase
(22) In
2006,
the
International
Telecommunication
Union
in data traffic.
(ITU) estimated that the future spectrum bandwidth
requirements for the development of International
Mobile Telecommunications-2000 (IMT-2000) and IMT-
advanced systems (i.e. 3G and 4G mobile communi
(27) In
order
to
focus
on
the
priorities
of
the
multiannual
cations) would be between 1 280 and 1 720 MHz in
Programme, Member States and the Commission
2020 for the commercial mobile industry for each ITU
should cooperate to support and achieve the objective
region including Europe. It should be noted that the
of enabling the Union to take the lead in wireless elec
lower figure (1 280 MHz) is higher than the requirements
tronic communication broadband services by freeing up
for some countries. In addition, there are some countries
sufficient spectrum in cost-efficient bands for those
in which the requirement is larger than the higher figure
services to be widely available.
(1 720 MHz). Both these figures include the spectrum
already in use, or planned to be used, for Pre-IMT
systems, IMT-2000 and its enhancements. Without
(28) Since a common approach and economies of scale are
freeing up the spectrum required, preferably in a
key to developing broadband communications
harmonised way at global level, new services and
throughout the Union and to preventing competition
economic growth will be hindered by capacity
distortion and market fragmentation among Member
constraints in mobile networks.
States, certain best practices on authorisation conditions
and procedures should be identified in concerted action
among Member States and with the Commission. Such
conditions and procedures could include coverage
(23) The
800
MHz
band
(790-862
MHz)
is
optimal
for
the
obligations, spectrum block size, the timing of granting
coverage of large areas by wireless broadband services.
rights, access to mobile virtual network operators and the
Building on the harmonisation of technical conditions
duration of rights of use of spectrum. Reflecting the
under Decision 2010/267/EU, and on the Commission
importance of spectrum trading for increasing efficient
Recommendation of 28 October 2009 facilitating the
use of spectrum and developing the internal market for
release of the digital dividend in the European Union ( 1 )
wireless equipment and services, those conditions and
calling for analogue broadcasting to be switched off by
procedures should apply to frequency bands that are
1 January 2012, and given rapid national regulatory
allocated to wireless communications, and for which
developments, that band should in principle be made
rights of use may be transferred or leased.
available for electronic communications services in the
Union by 2013. In the longer term, additional
spectrum could also be envisaged in the light of the
results of an analysis of technology trends, future needs
(29) Additional
spectrum
might
be
needed
by
other
sectors
and demand for spectrum. Considering the capacity of
such as transport (for safety, information and
the 800 MHz band to transmit over large areas, coverage
management systems), research and development
obligations could be attached to rights, where appro
(R&D), e-health, e-inclusion and, if necessary, public
priate.
protection and disaster relief (PPDR), in view of their
increased use of video and data transmission for a
( 1 ) OJ L 308, 24.11.2009, p. 24.
quick and efficient service. Optimising synergies

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21.3.2012 Official
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Union L
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between spectrum policy and R&D activities and carrying
the international nature of markets dependent on radio-
out studies of radio compatibility between different
based services, and the need to avoid harmful inter
spectrum users should help innovation. Moreover,
ference between countries.
results of research under the Seventh Framework
Programme for Research, Technological Development
and Demonstration Activities (2007 to 2013) require
the examination of the spectrum needs of projects that
(34) According to the relevant case law of the Court of Justice
might have a large economic or investment potential, in
of the European Union, where the subject matter of an
particular for SMEs, such as cognitive radio or e-health.
international agreement falls partly within the
Adequate protection against harmful interference should
competence of the Union and partly within the
also be ensured to sustain R&D and scientific activities.
competence of the Member States, it is essential to
ensure close cooperation between the Member States
and the institutions of the Union. That obligation to
cooperate, as clarified in well established case law,
(30) The
Europe
2020
Strategy
sets
environmental
objectives
flows from the principle of unity in the international
for a sustainable, energy-efficient and competitive
representation of the Union and its Member States.
economy, for example by improving energy efficiency
by 20 % by 2020. The information and communication
technology sector has a key role to play, as stressed in
the Digital Agenda for Europe. Proposed actions include
(35) Member
States
might
also
need
support
on
frequency
acceleration of the Union-wide deployment of intelligent
coordination in bilateral negotiations with countries
energy management systems (smart grids and smart
neighbouring the Union, including candidate and
metering) using communication capabilities to reduce
acceding countries, to meet their obligations under
energy consumption, and the development of intelligent
Union law on frequency coordination issues. This
transport systems and intelligent traffic management to
should also help avoid harmful interference and
reduce carbon dioxide emissions by the transport sector.
improve spectrum efficiency and convergence in
Efficient use of spectrum technologies could also help
spectrum use even beyond Union borders.
reduce energy consumption by radio equipment and
limit the environmental impact in rural and remote areas.
(36) To
realise
the
objectives
of
this
Decision
it
is
important
to enhance the current institutional framework for the
coordination of spectrum policy and management at the
(31) A
coherent
approach
to
spectrum
authorisation
in
the
Union should take full account of the protection of
level of the Union, including in matters directly affecting
public health against electromagnetic fields which is
two or more Member States, while taking full account of
essential for citizens’ well-being. While observing
the competence and expertise of national administrations.
Council Recommendation 1999/519/EC of 12 July
Cooperation and coordination are also essential between
1999 on the limitation of exposure of the general
standardisation bodies, research institutions and CEPT.
public to electromagnetic fields (0 Hz to 300 GHz) ( 1 ),
it is essential to ensure constant monitoring of the
ionising and non-ionising effects of spectrum use on
health, including the real-life cumulative effects of
(37) In
order
to
ensure
uniform
conditions
for
the
implemen
spectrum use in various frequencies by an increasing
tation of this Decision, implementing powers should be
number of equipment types.
conferred on the Commission. Those powers should be
exercised in accordance with Regulation (EU) No
182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
(32) Essential general interest objectives such as the safety of
control by Member States of the Commission’s exercise
life call for coordinated technical solutions for the inter
of implementing powers ( 2 ).
working of safety and emergency services between
Member States. Sufficient spectrum should be made
available on a coherent basis for the development and
free movement of safety services and devices and the
(38) Since
the
objective
of
this
Decision,
namely
to
establish
a
development of innovative pan-European or inter
multiannual radio spectrum policy programme, cannot
operable safety and emergency solutions. Studies have
be sufficiently achieved by the Member States and can
indicated the need for additional harmonised spectrum
therefore, by reason of the scale of the proposed action,
below 1 GHz to deliver mobile broadband services for
be better achieved at the level of the Union, the Union
PPDR across the Union in the next five to ten years.
may adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty on
European Union. In accordance with the principle of
proportionality as set out in that Article, this Decision
(33) Spectrum
regulation
has
strong
cross-border
or
inter
does not go beyond what is necessary in order to achieve
national dimensions, due to propagation characteristics,
that objective.
( 1 ) OJ L 199, 30.7.1999, p. 59.
( 2 ) OJ L 55, 28.2.2011, p. 13.

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(39) The Commission should report to the European
(a) applying the most appropriate and least onerous authori
Parliament and the Council on the results achieved
sation system possible in such a way as to maximise flexi
under this Decision, as well as on planned future actions.
bility and efficiency in spectrum use. Such an authorisation
system shall be based on objective, transparent, non-
discriminatory and proportionate criteria;
(40) In
drawing
up
its
proposal
the
Commission
has
taken
utmost account of the opinion of the Radio Spectrum
Policy Group established by Commission Decision
(b) fostering development of the internal market by promoting
2002/622/EC ( 1 ),
the emergence of future Union-wide digital services and by
fostering effective competition;
HAVE ADOPTED THIS DECISION:
(c) promoting competition and innovation, taking account of
Article 1
the need to avoid harmful interference and of the need to
ensure technical quality of service in order to facilitate the
Aim and scope
availability of broadband services and to respond effectively
1. This
Decision
establishes
a
multiannual
radio
spectrum
to increased wireless data traffic;
policy programme for the strategic planning and harmonisation
of the use of spectrum to ensure the functioning of the internal
market in the Union policy areas involving the use of spectrum,
(d) defining the technical conditions of the use of spectrum,
such as electronic communications, research, technological
taking full account of relevant Union law, including on
development and space, transport, energy and audiovisual
the limitation of the exposure of the general public to elec
policies.
tromagnetic fields;
This Decision shall not affect the sufficient availability of
(e) promoting technology and service neutrality in the rights of
spectrum for other Union policy areas such as civil protection
use of spectrum, where possible.
and disaster relief, and the Common Security and Defence
Policy.
2. For
electronic
communications,
in
addition
to
the
general
regulatory principles defined in paragraph 1 of this Article, the
2. This Decision is without prejudice to existing Union law,
following specific principles shall apply, in accordance with
in particular to Directives 1999/5/EC, 2002/20/EC and
Articles 8a, 9, 9a and 9b of Directive 2002/21/EC and with
2002/21/EC, and subject to Article 6 of this Decision, to
Decision No 676/2002/EC:
Decision No 676/2002/EC, and to measures taken at national
level, in compliance with Union law.
(a) applying technology and service neutrality in the rights of
3. This
Decision
is
without
prejudice
to
measures
taken
at
use of spectrum for electronic communications networks
national level in full compliance with Union law, which pursue
and services and the transfer or lease of individual rights
objectives of general interest, in particular those relating to
of use of radio frequencies;
content regulation and audiovisual policy.
(b) promoting the harmonisation of use of radio frequencies
This Decision is without prejudice to the right of Member States
across the Union, consistent with the need to ensure
to organise and use their spectrum for public order and public
effective and efficient use thereof;
security purposes and for defence. Where this Decision or
measures adopted thereunder in the frequency bands specified
in Article 6 affect spectrum used by a Member State exclusively
(c) facilitating increased wireless data traffic and broadband
and directly for its public security or defence purposes, the
services, in particular by fostering flexibility, and
Member State may, to the extent necessary, continue to use
promoting innovation, taking account of the need to
that frequency band for public security and defence purposes
avoid harmful interference and ensure the technical quality
until the systems existing in the band at the date of the entry
of service.
into force of this Decision or of a measure adopted thereunder,
respectively, are phased out. That Member State shall duly notify
the Commission of its decision.
Article 3
Policy objectives
Article 2
In order to focus on the priorities of this Decision, Member
General regulatory principles
States and the Commission shall cooperate to support and
achieve the following policy objectives:
1. Member
States
shall
cooperate
with
each
other
and
with
the Commission in a transparent manner, in order to ensure the
consistent application of the following general regulatory prin
(a) encourage efficient management and use of spectrum to
ciples across the Union:
best meet the increasing demand for use of frequencies
reflecting the important social, cultural and economic
( 1 ) OJ L 198, 27.7.2002, p. 49.
value of spectrum;

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(b) seek to allocate sufficient and appropriate spectrum in a
(k) avoid harmful interference or disturbance by other radio or
timely manner to support Union policy objectives and to
non-radio devices, inter alia, by facilitating the development
best meet the increasing demand for wireless data traffic,
of standards which contribute to the efficient use of
thereby allowing the development of commercial and
spectrum, and by increasing immunity of receivers to inter
public services, while taking into account important
ference, taking particular account of the cumulative impact
general interest objectives such as cultural diversity and
of the increasing volumes and density of radio devices and
media pluralism; to that end, every effort should be made
applications;
to identify, based on the inventory established pursuant to
Article 9, at least 1 200 MHz of suitable spectrum by
2015. That figure includes spectrum already in use;
(l) foster
the
accessibility
of
new
consumer
products
and
tech
nologies so as to secure consumer endorsement for the
transition to digital technology and to secure efficient use
(c) bridge the digital divide and contribute to the objectives of
of the digital dividend;
the Digital Agenda for Europe, fostering access to
broadband at a speed of not less than 30 Mbps by 2020
(m) reduce the Union’s carbon footprint by enhancing the
for all Union citizens and making it possible for the Union
technical efficiency and energy efficiency of wireless
to have the highest possible broadband speed and capacity;
communication networks and equipment.
(d) enable the Union to take the lead in wireless electronic
Article 4
communication broadband services by freeing up sufficient
Enhanced efficiency and flexibility
spectrum in cost-efficient bands for those services to be
widely available;
1. Member
States,
in
cooperation
with
the
Commission,
shall, where appropriate, foster the collective use of spectrum
as well as shared use of spectrum.
(e) secure opportunities for both the commercial as well as
public sectors by means of increased mobile broadband
Member States shall also foster the development of current and
capacities;
new technologies, for example, in cognitive radio, including
those using ‘white spaces’.
(f) promote innovation and investment through enhanced
flexibility in the use of spectrum, through a consistent
2. Member
States
and
the
Commission
shall
cooperate
to
application across the Union of the principles of tech
enhance flexibility in the use of spectrum, in order to
nology and service neutrality between the technological
promote innovation and investment, through the possibility of
solutions that may be adopted and through adequate regu
using new technologies and through the transfer or lease of
latory predictability as provided for, inter alia, in the regu
rights of use of spectrum.
latory framework for electronic communications through
the freeing up of harmonised spectrum for new advanced
technologies, and through the possibility of trading rights
3. Member
States
and
the
Commission
shall
cooperate
to
of use of spectrum, thereby creating opportunities for
foster the development and harmonisation of standards for
future Union-wide digital services to be developed;
radio equipment and telecommunications terminals as well as
for electric and electronic equipment and networks based, where
necessary, upon standardisation mandates from the Commission
to the relevant standardisation bodies. Special attention shall
(g) facilitate easy access to spectrum by harnessing the benefits
also be given to standards for equipment to be used by
of general authorisations for electronic communications in
disabled people.
accordance with Article 5 of Directive 2002/20/EC;
4. Member
States
shall
foster
R&D
activities
in
new
tech
(h) encourage passive infrastructure sharing where this would
nologies such as cognitive technologies and geolocation data
be proportionate and non-discriminatory, as envisaged in
bases.
Article 12 of Directive 2002/21/EC;
5. Member
States
shall
put
in
place,
where
appropriate,
(i) maintain
and
develop
effective
competition,
in
particular
in
selection criteria and procedures for granting rights of use of
electronic communication services, by seeking to avoid,
spectrum that promote competition, investment and the
through ex ante measures or ex post remedies, the
efficient use of spectrum as a public good, as well as
excessive accumulation of rights of use of radio frequencies
promoting coexistence between new and existing services and
by certain undertakings which results in significant harm to
devices. Member States shall promote the ongoing efficient use
competition;
of spectrum for networks, devices and applications.
6. Where
necessary
in
order
to
ensure
the
effective
use
of
(j) reduce the fragmentation and fully exploit the potential of
rights of use of spectrum and avoid spectrum hoarding,
the internal market in order to foster economic growth and
Member States may consider taking appropriate measures,
economies of scale at the level of the Union by enhancing
such as financial penalties, incentive fees tools or the withdrawal
the coordination and harmonisation of technical conditions
of rights. Such measures shall be established and applied in a
for the use and availability of spectrum, as appropriate;
transparent, non-discriminatory and proportionate manner.

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L 81/14
EN
Official Journal of the European Union
21.3.2012
7. For
electronic
communications
services,
Member
States (e) amending the existing rights in accordance with Directive
shall, by 1 January 2013, adopt allocation and authorisation
2002/20/EC where this is necessary to remedy ex post the
measures appropriate for the development of broadband
distortion of competition by any transfer or accumulation
services, in conformity with Directive 2002/20/EC, with the
of rights of use of radio frequencies.
aim of achieving the highest possible capacity and broadband
speeds.
8. In
order
to
avoid
the
possible
fragmentation
of
the 3. Where Member States wish to adopt any measures
internal market due to divergent selection criteria and
referred to in paragraph 2 of this Article, they shall act in
procedures for harmonised spectrum allocated to electronic
conformity with the procedures for the imposition or
communication services and made tradable in all Member
variation of such conditions on the rights of use of spectrum
States pursuant to Article 9b of Directive 2002/21/EC, the
laid down in Directive 2002/20/EC.
Commission shall, in cooperation with Member States and in
accordance with the principle of subsidiarity, facilitate the
identification and sharing of best practices on authorisation
conditions and procedures and encourage sharing of
4. Member States shall ensure that the authorisation and
information for such spectrum to increase consistency across
selection procedures for electronic communications services
the Union, achieved in line with the principles of technology
promote effective competition for the benefit of citizens,
and service neutrality.
consumers and businesses in the Union.
Article 5
Competition
Article 6
1. Member
States
shall
promote
effective
competition
and
Spectrum needs for wireless broadband communications
shall avoid distortions of competition in the internal market
1. Member
States
shall,
in
cooperation
with
the
Commission,
for electronic communications services in accordance with
take all steps necessary to ensure that sufficient spectrum for
Directives 2002/20/EC and 2002/21/EC.
coverage and capacity purposes is available within the Union, in
order to enable the Union to have the fastest broadband speeds
They shall also take into account competition issues when
in the world, thereby making it possible for wireless appli
granting rights of use of spectrum to users of private electronic
cations and European leadership in new services to contribute
communication networks.
effectively to economic growth, and to achieving the target for
all citizens to have access to broadband speeds of not less than
2. For the purposes of the first subparagraph of paragraph 1
30 Mbps by 2020.
and without prejudice to the application of competition rules
and to the measures adopted by Member States in order to
achieve general interest objectives in accordance with Article 9(4)
of Directive 2002/21/EC, Member States may adopt, inter alia,
2. In
order
to
promote
wider
availability
of
wireless
measures:
broadband services for the benefit of citizens and consumers
in the Union, Member States shall make the bands covered by
Decisions 2008/411/EC (3,4-3,8
GHz), 2008/477/EC (2,5-
(a) limiting the amount of spectrum for which rights of use are
2,69 GHz), and 2009/766/EC (900-1 800 MHz) available
granted to any undertaking, or attaching conditions to such
under terms and conditions described in those decisions.
rights of use, such as the provision of wholesale access,
Subject to market demand, Member States shall carry out the
national or regional roaming, in certain bands or in
authorisation process by 31 December 2012 without prejudice
certain groups of bands with similar characteristics, for
to the existing deployment of services, and under conditions
instance the bands below 1 GHz allocated to electronic
that allow consumers easy access to wireless broadband services.
communication services. Such additional conditions may
be imposed only by the competent national authority;
(b) reserving, if appropriate in regard to the situation in the
3. Member
States
shall
foster
the
ongoing
upgrade,
by
national market, a certain part of a frequency band or
providers of electronic communications, of their networks to
group of bands for assignment to new entrants;
the latest, most efficient technology, in order to create their
own spectrum dividends in line with the principles of service
and technology neutrality.
(c) refusing to grant new rights of use of spectrum or to allow
new spectrum uses in certain bands, or attaching conditions
to the grant of new rights of use of spectrum or to the
authorisation of new spectrum uses, in order to avoid the
4. By
1
January
2013,
Member
States
shall
carry
out
the
distortion of competition by any assignment, transfer or
authorisation process in order to allow the use of the
accumulation of rights of use;
800 MHz band for electronic communications services. The
Commission shall grant specific derogations until 31 December
(d) prohibiting or imposing conditions on transfers of rights of
2015 for Member States in which exceptional national or local
use of spectrum, not subject to national or Union merger
circumstances or cross-border frequency coordination problems
control, where such transfers are likely to result in
would prevent the availability of the band, acting upon a duly
significant harm to competition;
substantiated application from the Member State concerned.

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EN
21.3.2012 Official
Journal
of
the
European
Union L
81/15
If a Member State’s substantiated cross-border frequency coor
account of the potential of those cellular base stations and of
dination problems with one or more countries, including
the shared and unlicensed use of spectrum to provide the basis
candidate or acceding countries, persist after 31 December
for wireless mesh networks, which can play a key role in
2015 and prevent the availability of the 800 MHz band, the
bridging the digital divide.
Commission shall grant exceptional derogations on an annual
basis until such problems are overcome.
Article 7
Member States to which a derogation has been granted under
Spectrum needs for other wireless communication policies
the first or second subparagraph shall ensure that the use of the
In order to support the further development of innovative
800 MHz band does not prevent the availability of that band
audiovisual media and other services to Union citizens, taking
for electronic communications services other than broadcasting
into account the economic and social benefits of a single digital
in neighbouring Member States.
market, Member States shall, in cooperation with the
Commission, aim at ensuring there is sufficient spectrum
This paragraph shall also apply to the spectrum coordination
available for satellite and terrestrial provision of such services,
problems in the Republic of Cyprus arising from the fact that
if the need is clearly substantiated.
the Government of Cyprus is prevented from exercising effective
control in part of its territory.
Article 8
Spectrum needs for other specific Union policies
5. Member
States
shall,
in
cooperation
with
the
Commission,
continuously monitor the capacity requirements for wireless
1. Member
States
and
the
Commission
shall
ensure
spectrum
broadband services. On the basis of the results of the analysis
availability and protect the radio frequencies necessary for
referred to in Article 9(4), the Commission shall assess and
monitoring the Earth’s atmosphere and surface, allowing the
report to the European Parliament and the Council by
development and exploitation of space applications and
1 January 2015 on whether there is a need for action to
improving transport systems, in particular for the global civil
harmonise additional frequency bands.
navigation satellite system established under the Galileo
programme ( 1 ), for the European Earth monitoring programme
(GMES) ( 2 ), and for intelligent transport safety and transport
Member States may, where appropriate and in conformity with
management systems.
Union law, ensure that the direct cost of migration or reallo
cation of spectrum usage is adequately compensated in
accordance with national law.
2. The
Commission
shall,
in
cooperation
with
the
Member
States, conduct studies on saving energy in the use of spectrum
in order to contribute to a low-carbon policy, and shall consider
6. Member
States
shall,
in
cooperation
with
the
Commission, making spectrum available for wireless technologies with a
promote access to broadband services using the 800 MHz band
potential for improving energy saving and efficiency of other
in remote and sparsely populated areas, where appropriate. In
distribution networks such as water supply, including smart
doing so, Member States shall examine ways and, where appro
energy grids and smart metering systems.
priate, take technical and regulatory measures, to ensure that the
freeing of the 800 MHz band does not adversely affect
programme making and special events (PMSE) users.
3. The
Commission
shall,
in
cooperation
with
the
Member
States, seek to ensure that sufficient spectrum is made available
under harmonised conditions to support the development of
7. The
Commission
shall,
in
cooperation
with
Member safety services and the free circulation of related devices as
States, assess the justification and feasibility of extending the
well as the development of innovative interoperable solutions
allocations of unlicensed spectrum for wireless access systems,
for public safety and protection, civil protection and disaster
including radio local area networks.
relief.
8. Member
States
shall
allow
the
transfer
or
leasing
of 4. Member
States
and
the
Commission
shall
collaborate
with
rights of use of spectrum in the harmonised bands 790-
the scientific and academic community to identify a number of
862 MHz, 880-915 MHz, 925-960 MHz, 1 710-1 785 MHz,
research and development initiatives and innovative applications
1 805-1 880 MHz,
1 900-1 980 MHz,
2 010-2 025 MHz,
that may have a major socio-economic impact and/or potential
2 110-2 170 MHz, 2,5-2,69 GHz, and 3,4-3,8 GHz.
for investment and consider the spectrum needs of such appli
cations and, where necessary, consider the allocation of
9. In
order
to
ensure
that
all
citizens
have
access
to
advanced sufficient spectrum to such applications under harmonised
digital services including broadband, in particular in remote and
technical conditions and with the least onerous administrative
sparsely populated areas, Member States and the Commission
burden.
may explore the availability of sufficient spectrum for the
provision of broadband satellite services enabling internet
( 1 ) Regulation (EC) No 683/2008 of the European Parliament and of
access.
the Council of 9 July 2008 on the further implementation of the
European satellite navigation programmes (EGNOS and Galileo)
(OJ L 196, 24.7.2008, p. 1).
10. Member States shall, in cooperation with the ( 2 ) Regulation (EU) No 911/2010 of the European Parliament and of
the Council of 22 September 2010 on the European Earth moni
Commission, examine the possibility of spreading the avail
toring programme (GMES) and its initial operations (2011 to 2013)
ability and use of picocells and femtocells. They shall take full
(OJ L 276, 20.10.2010, p. 1).

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L 81/16
EN
Official Journal of the European Union
21.3.2012
5. Member
States
shall,
in
cooperation
with
the
Commission, (b) to develop a methodology for the analysis of technology
seek to ensure the necessary frequency bands for PMSE, in
trends, future needs and demand for spectrum in Union
accordance with the Union’s objectives to improve the inte
policy areas covered by this Decision, in particular for
gration of the internal market and access to culture.
those services which could operate in the frequency range
from 400 MHz to 6 GHz, in order to identify developing
and potential significant uses of spectrum;
6. Member
States
and
the
Commission
shall
seek
to
ensure
spectrum availability for radio-frequency identification (RFID)
and other ‘Internet of Things’ (IoT) wireless communication
Those implementing acts shall be adopted in accordance with
technologies and shall cooperate to foster the development of
the examination procedure referred to in Article 13(2).
standards and the harmonisation of spectrum allocation for IoT
communication across Member States.
3. The
Commission
shall
administer
the
inventory
referred
to
in paragraph 1 in accordance with the implementing acts
Article 9
referred to in paragraph 2.
Inventory
1. An inventory of existing uses of spectrum, for both
commercial and public purposes is hereby established.
4. The
Commission
shall
conduct
the
analysis
of
technology
trends, future needs and demand for spectrum in accordance
with the implementing acts referred to in point (b) of paragraph
2. The Commission shall submit to the European Parliament
The objectives of the inventory shall be:
and to the Council a report on the results of that analysis.
(a) to allow the identification of frequency bands in which the
efficiency of existing spectrum uses could be improved;
Article 10
International negotiations
(b) to help identify frequency bands that could be suitable for
1. In
international
negotiations
relating
to
spectrum
matters,
reallocation and spectrum-sharing opportunities in order to
the following principles shall apply:
support Union policies set out in this Decision, while taking
into account future needs for spectrum based, inter alia, on
consumers’ and operators’ demand, and of the possibility to
(a) if the subject matter of the international negotiations falls
meet such needs;
within the competence of the Union, the Union position
shall be established in accordance with Union law;
(c) to help analyse the various types of use of the spectrum by
both private and public users;
(b) if the subject matter of the international negotiations falls
partly within the competence of the Union and partly
within the competence of the Member States, the Union
(d) to help identify frequency bands that could be allocated or
and the Member States shall seek to establish a common
reallocated in order to improve their efficient use, promote
position in accordance with the requirements of the
innovation and enhance competition in the internal market,
principle of sincere cooperation.
to explore new ways for sharing spectrum, to the benefit of
both private and public users, while taking into account the
potential positive and negative impact of allocation or real
location of such bands and of adjacent bands on existing
For the purpose of applying point (b) of the first subparagraph,
users.
the Union and the Member States shall cooperate in accordance
with the principle of unity in the international representation of
the Union and its Member States.
2. For the purposes of ensuring the uniform implementation
of paragraph 1 of this Article, the Commission, taking utmost
account of the views of the Radio Spectrum Policy Group, shall
2. The
Union
shall,
upon
request,
assist
Member
States
with
adopt implementing acts by 1 July 2013:
legal, political and technical support to resolve spectrum coor
dination issues with countries neighbouring the Union,
including candidate and acceding countries, in such a way
(a) to develop practical arrangements and uniform formats for
that the Member States concerned can observe their obligations
the collection and provision of data by the Member States
under Union law. In the provision of such assistance, the Union
to the Commission on the existing uses of spectrum,
shall use all its legal and political powers to promote the imple
provided that the business confidentiality rules under
mentation of Union policies.
Article 8 of Decision No 676/2002/EC and the right of
Member States to withhold confidential information are
observed, taking into account the aim of minimising the
The Union shall also support efforts by third countries to
administrative burden and existing obligations on the
implement spectrum management that is compatible with that
Member States under other Union law, in particular
of the Union, so as to safeguard the spectrum policy objectives
obligations to provide specific information;
of the Union.

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EN
21.3.2012 Official
Journal
of
the
European
Union L
81/17
3. When
negotiating
bilaterally
or
multilaterally
with
third committee delivers no opinion, the Commission shall not
countries, Member States shall be bound by their obligations
adopt the draft implementing act, and the third subparagraph
under Union law. When signing or otherwise accepting any
of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
international obligations regarding spectrum, Member States
shall accompany their signature or any other act of acceptance
Article 14
by a joint declaration stating that they will implement such
international agreements or commitments in accordance with
Compliance with policy orientations and objectives
their obligations under the Treaty on European Union and the
Member States shall apply the policy orientations and objectives
Treaty on the Functioning of the European Union.
set out in this Decision by 1 July 2015 unless otherwise
specified herein.
Article 11
Cooperation among various bodies
Article 15
1. The
Commission
and
the
Member
States
shall
cooperate
Reporting and review
to enhance the current institutional setting, in order to foster
coordination at the level of the Union of the management of
By 10 April 2014, the Commission shall report to the European
spectrum, including in matters directly affecting two or more
Parliament and the Council on the activities developed and the
Member States, with a view to developing the internal market
measures adopted pursuant to this Decision.
and ensuring that the Union’s spectrum policy objectives are
fully achieved.
Member States shall provide the Commission with all
information necessary for the purpose of reviewing the appli
2. The
Commission
and
Member
States
shall
encourage
stan
cation of this Decision.
dardisation bodies, CEPT, the Commission’s Joint Research
Centre and all relevant parties to cooperate closely in
By 31 December 2015, the Commission shall conduct a review
technical issues to promote the efficient use of spectrum. To
of the application of this Decision.
that end, they shall maintain a coherent link between spectrum
management and standardisation in such a way as to enhance
Article 16
the internal market.
Entry into force
Article 12
This Decision shall enter into force on the 20th day following
Public consultation
its publication in the Official Journal of the European Union.
Wherever appropriate, the Commission shall organise public
Article 17
consultations to collect the views of all interested parties as
well as the views of the public in general on the use of
Addressees
spectrum in the Union.
This Decision is addressed to the Member States.
Article 13
Committee procedure
Done at Strasbourg, 14 March 2012.
1. The
Commission
shall
be
assisted
by
the
Radio
Spectrum
Committee established by Decision No 676/2002/EC. That
committee shall be a committee within the meaning of Regu
lation (EU) No 182/2011.
For the European Parliament
For the Council
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
The President
The President
Regulation (EU) No 182/2011 shall apply. Where the
M. SCHULZ
N. WAMMEN

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