Commission Implementing Decision (EU) 2017/191
of 1 February 2017
amending Decision 2010/166/EU, in order to introduce new technologies and frequency bands for mobile communication services on board vessels (MCV services) in the European Union
(notified under document C(2017) 450)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)(1), and in particular Article 4(3) thereof,
Whereas:
(1) Commission Decision 2010/166/EU(2) sets technical and operational conditions necessary to allow the use of GSM on board vessels (MCV services) in the Union.
(2) The development of enhanced means of communications supported by technical progress can improve the capacity for all citizens to be connected everywhere and at all times in line with the Radio Spectrum Policy Programme established by Decision No 243/2012/EU of the European Parliament and of the Council(3) and contribute to the implementation of the Digital Single Market. Moreover, spectrum should be used in accordance with the principles of technology and service neutrality set out in Directive 2002/21/EC of the European Parliament and of the Council(4).
(3) Decision 2010/166/EU calls on the Member States to keep under review the use of the 900 MHz and 1 800 MHz bands by systems providing MCV services in their territorial seas, in particular with regard to the continued relevance of all the conditions in that Decision and to instances of harmful interference. Member States are also required to submit to the Commission a report on their findings and the Commission should, where appropriate, review Decision 2010/166/EU.
(4) The reports provided by Member States to the Commission have strongly confirmed the need to allow new communication technologies for MCV use.
(5) In order to facilitate further deployment of MCV applications in the Union, the Commission gave a mandate on 16 November 2015 to the European Conference of Postal and Telecommunications Administrations (‘the CEPT’) in accordance with Article 4(2) of Decision No 676/2002/EC to examine the possibility for coexistence of seaborne devices using LTE technology with terrestrial electronic communications networks operating in the 1 710-1 785/1 805-1 880 MHz and 2 500-2 570/2 620-2 690 MHz bands and the coexistence of seaborne devices using UMTS technology with terrestrial electronic communications networks operating in the 1 920-1 980/2 110-2 170 MHz bands.
(6) Following that mandate, the CEPT adopted on 17 June 2016 its report 62 which concluded that it would be possible to operate MCV, provided that the relevant technical conditions are met, using LTE technology in the 1 710-1 785/1 805-1 880 MHz and 2 500-2 570/2 620-2 690 MHz bands and UMTS technology in the 1 920-1 980/2 110-2 170 MHz band. Therefore, Decision 2010/166/EU should be amended based on the results of CEPT report 62 to include those technologies and frequencies and allow the use of systems based on these technologies on board vessels.
(7) Without prejudice to the requirements set out in the Annex, and in order to protect other authorised uses of spectrum, Member States may place additional geographic restrictions on the operation of the MCV system in their territorial sea.
(8) Considering the importance of the UMTS and LTE technologies for wireless communications in the Union, the possibility to use MCV LTE systems and MCV UMTS systems as described in this Decision should apply as early as possible and not later than 6 months after the date of notification of this Decision.
(9) MCV technical specifications should remain under review in order to ensure that they match technological progress.
(10) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
HAS ADOPTED THIS DECISION:
Commission Decision 2010/166/EU of 19 March 2010 on harmonised conditions of use of radio spectrum for mobile communication services on board vessels (MCV services) in the European Union (OJ L 72, 20.3.2010, p. 38).
Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).