Explanatory Memorandum to COM(2010)471 - First radio spectrum policy programme - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)471 - First radio spectrum policy programme. |
|---|---|
| source | COM(2010)471  |
| date | 20-09-2010 |
- Grounds for and objectives of the proposal
Article 8a i of Framework Directive 2002/21/EC as amended by Directive 2009/140/EC invites the Commission to present a legislative proposal to the European Parliament and Council to establish a multiannual Radio Spectrum Policy Programme (RSPP) setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum, taking utmost account of the opinion of the Radio Spectrum Policy Group (RSPG).
The RSPP is based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), given the importance of the availability and efficient use of spectrum for the establishment of an internal market for electronic communications and for other EU policy areas. The RSPP will determine until 2015 how spectrum use can contribute to EU objectives and optimise social, economic and environmental benefits. It builds on EU regulatory principles for electronic communications and on the Radio Spectrum Decision No 676/2002/EC (the RSD), reaffirms principles to be applied to all types of spectrum use, establishes objectives for EU initiatives and lists actions to be launched.
- General context
Spectrum is essential for the digital society, fast wireless services, economic recovery, growth, high-quality jobs and long-term EU competitiveness. Spectrum policy initiatives are also key to the Digital Agenda for Europe and to the Europe 2020 strategy for smart, sustainable and inclusive growth. Inputs for the RSPP came from the Spectrum Summit hosted by Parliament and Commission, a Commission public consultation and the RSPG Opinion.
- Existing provisions in the area of the proposal
With regard to electronic communications spectrum policy is covered by the Framework Directive 2002/21/EC and the Authorisation Directive 2002/20/EC as amended by Directive 2009/140/EC, which introduced significant enhancements to ensure efficient use of spectrum, remove rigidity in spectrum management and deliver easier access to spectrum. Furthermore, the RSD already allows for the harmonisation of technical conditions for the use of spectrum relevant to existing EU policies involving the use of spectrum.
- Consistency with the other policies and objectives of the Union
Spectrum use has an increasing influence on sustainable growth, competitiveness and productivity in the internal market in relation to important EU sectoral policies. Since spectrum is scarce, priorities are needed to ensure that spectrum is allocated and used efficiently and effectively, taking into account EU policy objectives for electronic communications and broadband for all and for transport, research, Earth observation, Galileo, environmental protection and the fight against global warming.
- Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondents
Interested parties were given several opportunities to comment:
- The Spectrum Summit in March 2010 revealed a clear understanding among EU institutions, Member States and stakeholders of the need for more spectrum for applications with a high social and economic impact. The Summit results are summarised in Annex 1 of the impact assessment, and the relevant documents are available at ec.europa.eu/information_society/policy/ecomm
- A public consultation and call for input by the Commission in preparation for the Radio Spectrum Policy Programme was held from 4 March to 9 April 2010. The 101 responses received are summarised in Annex 2 of the impact assessment, and are available at ec.europa.eu/information_society/policy/ecomm
- The RSPG, a high-level group advising the Commission on spectrum policy, adopted its formal opinion on 9 June 2010 (Annex 3 of the impact assessment). See rspg.groups.eu.int/_documents/documents/opinions The Commission has taken utmost account of this opinion in finalising its draft proposal.
- Before finalisation, the draft RSPG opinion was subject to a separate public consultation – the responses received are available atrspg.ec.europa.eu/consultations
- Collection and use of expertise
Scientific/expertise domains concerned
In addition to the RSPG opinion and to the large number of responses received to the public consultations and summit, the following studies are also relevant:
- "Exploiting the digital dividend – a European approach" (Analysys Mason, DotEcon and Hogan & Hartson) 2009.
- "Optimising the Public Sector's Use of Radio Spectrum in the EU" (WIK-Consult) 2008.
- Radio interference in the European Community (Eurostrategies and LS telcom), 2008.
- “Preparing the next steps in regulation of electronic communications — a contribution to the review of the electronic communications regulatory framework” (Hogan & Hartson, Analysys), 2006.
The above studies are available on the Commission's web site at:ec.europa.eu/information_society/policy/ecomm://ec.europa.eu/information_society/policy/ecomm/info_centre/documentation/studies_ext_consult/index_en.htm#2006
- Impact assessment
Given the RSPP's high level strategic nature, the impact assessment identifies options and assesses whether EU intervention would add value compared to national or regional action. It identifies the strategic direction necessary for spectrum policy at EU level. It highlights the need for a global EU spectrum policy approach given the impact of spectrum on a number of sectors with varying degrees of EU competence. The Impact Assessment Board's opinion on the impact assessment was issued on 2 July 2010.
Contents
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATIONS
- 2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
- Means used to make the expert advice publicly available
- 5. ADDITIONAL INFORMATION
- Article 2 Application of General Regulatory Principles
- Article 3 Policy objectives
- Article 4 Enhanced efficiency and flexibility
- Article 5 Competition
- Article 6 Spectrum for wireless broadband communications
- Article 7 Spectrum needs for specific Union policies
- Article 8 Inventory - monitoring of existing uses of and emerging needs for spectrum
- Article 9 International negotiations
- Article 10 Cooperation among various bodies
- Article 11 Public consultation
- Article 12 Reporting
- Articles 13, 14 and 15: Implementation, Notification, Entry into force, Addressees
- Summary of the proposed action
The proposed programme sets out policy orientations and objectives for the strategic planning and harmonisation of spectrum use in order to achieve the internal market. It supports the Europe 2020 Strategy and the Digital Agenda for Europe and promotes other EU policies concerned with spectrum. It will ensure the application of principles and define policy orientations for all aspects of spectrum policy with an EU dimension. It sets concrete priority initiatives for enhanced coordination, flexibility, and availability of spectrum for wireless broadband communications and other specific EU policies; it requires an inventory of existing uses and emerging spectrum; it identifies improvements to safeguard EU interests in international negotiations, and to assist Member States in bilateral negotiations; it calls for improved cooperation between technical bodies and it requests the Commission to report by 2015.
- Legal basis
Article 114 TFEU.320
- Subsidiarity principle
The proposed action entails amendment of the existing EU regulatory framework and thus concerns an area in which the EU has already exercised its competence. The proposal therefore complies with the subsidiarity principle as set out in Article 5 of the Treaty on European Union (TEU).
- Proportionality principle
The proposal complies with the proportionality principle as it sets a minimum level of harmonisation, leaving the definition of implementing measures to national regulatory authorities (NRAs) or Member States. Proposed amendments do not go beyond what is necessary for achieving better regulation of the sector. They thus comply with the principle of proportionality set out in Article 5 TEU.
- Choice of instrument
This is a legislative measure as Article 8a3 of the Framework Directive calls for a legislative proposal to Parliament and Council. A non-binding measure such as a Parliament and Council recommendation would neither make EU coordination obligatory nor require action from Member States. Parliament and Council Decisions No 128/1999/EC, No 626/2008/EC and No 676/2002/EC were adopted in the past to impose similar obligations and actions.
The proposal has no additional implications for the EU budget.
- Simplification and reduction of administrative costs
The proposal aims to lower administrative burdens by increasing spectrum flexibility and easing administrative procedures for spectrum use. It is part of both the Commission’s rolling programme for updating and simplifying the acquis and its Work Programme under reference 2010/INFSO/002.
- Review/revision/sunset clause
The Decision establishes a programme to be implemented by 2015 and calls on the Commission to conduct a review before preparing the next programme.
- Information from Member States
Member States are to inform the Commission on the implementation of their obligations.
- European Economic Area
The proposed act is of relevance to the EEA.
- Detailed explanation of the proposal
Article 1 Subject matter and scope
This states the general objective of the programme and its scope.
This aims to ensure consistent application of general regulatory principles by Member States including: efficient use and management of spectrum, encouraging technology and service neutrality, applying the lightest authorisation system and guaranteeing the internal market and competition.
Policy objectives to be implemented by Member States and the Commission include: ensuring sufficient availability of spectrum; maximising spectrum flexibility; enhancing the efficient use of spectrum through general authorisations and spectrum flexibility; avoiding competition distortions; avoiding harmful interference and disturbance; harmonising technical conditions; and ensuring health protection.
This sets policy orientations to be translated into actions by Member States and Commission, including better flexibility in spectrum authorisation to bridge the digital divide; creating technical conditions for broadband services; enhancing collective spectrum use; developing standards; and preserving and promoting effective competition and the internal market.
This aims to promote competition by listing various remedies that Member States could adopt against possible distortions resulting from flexibility, trading and hoarding or other accumulation of spectrum rights.
Steps are to be taken: to attain specific targets for wireless broadband and to ensure availability of spectrum designated for this purpose; to mandate the freeing of the 800 MHz digital dividend band by 2013; to ensure coverage of rural areas and access for less favoured citizens; to make certain bands tradable and ensure spectrum for ubiquitous satellite access.
Commission and Member States are to cooperate to meet spectrum needs for the internal market in relation to several EU policies, including space policy, environmental protection, public safety and protection, civil protection and disaster relief, as well as research and scientific activity.
In cooperation with the Member States, the Commission is to organise an inventory of existing spectrum uses and possible future spectrum needs.
This sets out steps to raise the EU's profile in international negotiations and to protect EU interests. The EU is to offer support to Member States in their negotiations with third countries for the implementation of EU obligations. In the World Radio Communications Conference in 2012, the Union should promote results that, amongst other things, enable full use of the 800 MHz and the 3.4-3.8 GHz bands for broadband in the Union; ensure that sufficient amount of appropriately protected spectrum is available for Union sectoral policies, such as the European Space Policy and the Single European Sky; and ensure that changes in the ITU Radio Regulations support and complement the relevant principles of the Union regulatory framework.
The Commission and the Member States are to cooperate to enhance the current institutional setting and foster co-ordination of the management of spectrum, and to improve the cooperation between standardisation bodies, CEPT and the Joint Research Centre to better link spectrum management and standardisation.
The Commission and Member States are to consult the public whenever necessary.
The Commission is required to report by 2015 to the European Parliament and the Council.
These contain obligations on the Member States to implement the provision of the decision by 2015 if not specified otherwise in the preceding articles and to inform the Commission, along with the standard provisions.