32009D0766

WHAT ARE THE AIMS OF THE DIRECTIVE AND THE DECISIONS?

• Directive 87/372/EEC sets out, in general terms, the frequency bands to be reserved for a public European cellular digital mobile communications service by 1 January 1991, and calls upon European Union (EU) Member States to make the necessary preparations as quickly as possible.
• EU legislation, through this series of decisions relating to frequency bands used for electronic communications services and networks, along with other applications relating to the internal market, seeks to harmonise technical allocation and coordinate the authorisation of the use of the radio spectrum.

KEY POINTS

Directive 87/372/EEC as amended by Directive 2009/114/EC

While Council Directive 2009/114/EC confirmed the allocation of the 900 megahertz (MHz) band for the Global System for Mobile Communications (GSM) as the system of technical reference in that band, Member States must make the 880–915 MHz and 925–960 MHz frequency bands (the 900 MHz band) available for GSM and Universal Mobile Telecommunications System (UMTS) systems, along with other terrestrial systems capable of providing electronic communications services that can coexist with GSM systems, in accordance with radio spectrum policy in the EU.

EU bandwidth decisions

• EU legislation relating to frequency bands used for electronic communications services and networks can be divided into decisions seeking to harmonise technical allocation and decisions coordinating the authorisation of the use of the spectrum.
• Flexibility is achieved through authorisations that are as technology- and service-neutral as possible so that radio spectrum users may choose the best technologies and services to apply in the spectrum bands declared available for electronic communications services in the relevant national frequency allocation plans.
• Restrictions to the principles of technology and service neutrality apply only in a limited number of cases, in particular, where it is necessary to avoid harmful interference, to protect public health, to ensure an adequate level of technical quality of service or when general interest objectives are at stake.
• A number of these measures also seek to coordinate the timing of the granting of rights by Member States to use harmonised spectrum in relation to electronic communications services and networks. This includes the European Electronic Communications Code, which puts in place general rules for any radio spectrum that has been harmonised pursuant to the radio spectrum decision (Decision No 676/2002/EC – see summary) and the pioneer bands for 5G very high-speed wireless broadband communications (3.6 gigahertz (GHz) and 26 GHz bands). This is complemented by a series of other bands in lower frequencies.
• In the same way, Decision (EU) 2017/899 set a deadline for the use of the 700 MHz band for 5G mobile communications, while Article 6 of Decision No 243/2012/EU establishing a multiannual radio spectrum policy programme covered 800 MHz and other harmonised bands (3.6 GHz, 2.6 GHz, 900 and 1,800 MHz).
• The frequency bands harmonised in these decisions are as follows:
  • frequency bands to be reserved for cellular digital land-based mobile communications in the EU;
  • radio spectrum for use by short-range devices;
  • spectrum use for mobile communication services on aircraft;
  • the 3,400–3,800 MHz frequency band for terrestrial systems;
  • the 2,500–2,690 MHz frequency band for terrestrial systems;
  • the 900 MHz and 1,800 MHz frequency bands for terrestrial systems;
  • radio spectrum for mobile communication services on board vessels;
  • the 790–862 MHz frequency band for terrestrial systems;
  • the 1,920–1,980 MHz and 2,110–2,170 MHz frequency bands for terrestrial systems;
  • the 1,980–2,010 MHz and 2,170–2,200 MHz frequency bands for satellite communications;
  • the 1,452–1,492 MHz frequency band for terrestrial systems and its extension in the 1,427–1,452 MHz and 1,492–1,517 MHz frequency bands;
  • the 694–790 MHz frequency band for terrestrial systems;
  • the 470–790 MHz frequency band;
  • the 24.25–27.5 GHz frequency band for terrestrial systems.

FROM WHEN DO THE DIRECTIVE AND THE DECISIONS APPLY?

Directive 87/372/EEC as amended by Directive 2009/114/EC had to be transposed into national law by 9 May 2010.

BACKGROUND

For further information, see:

• Radio spectrum: the basis of wireless communications (European Commission)
• EU radio spectrum policy for wireless connections across borders (European Commission).

MAIN DOCUMENTS

Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (OJ L 196, 17.7.1987, pp. 85–86).

Successive amendments to Directive 87/372/EEC have been incorporated into the original document. This consolidated version is of documentary value only.

Commission Implementing Decision (EU) 2024/340 of 22 January 2024 on harmonised conditions for the use of radio spectrum for mobile communication services on board vessels in the Union, repealing Decision 2010/166/EU (OJ L, 2024/340, 24.1.2024).

Commission Implementing Decision (EU) 2022/173 of 7 February 2022 on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing electronic communications services in the Union and repealing Decision 2009/766/EC (notified under document C(2022) 605) (OJ L 28, 9.2.2022, pp. 29–39).

Commission Implementing Decision (EU) 2020/667 of 6 May 2020 amending Decision 2012/688/EU as regards an update of relevant technical conditions applicable to the frequency bands 1 920-1 980 MHz and 2 110-2 170 MHz (OJ L 156, 19.5.2020, pp. 6–12).

Commission Implementing Decision (EU) 2020/636 of 8 May 2020 amending Decision 2008/477/EC as regards an update of relevant technical conditions applicable to the 2 500-2 690 MHz frequency band (OJ L 149, 12.5.2020, pp. 3–11).

Commission Implementing Decision (EU) 2020/590 of 24 April 2020 amending Decision (EU) 2019/784 as regards an update of relevant technical conditions applicable to the 24,25-27,5 GHz frequency band (OJ L 138, 30.4.2020, pp. 19–22).

Commission Implementing Decision (EU) 2019/784 of 14 May 2019 on harmonisation of the 24,25-27,5 GHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services in the Union (OJ L 127, 16.5.2019, pp. 13–22).

See consolidated version.

Commission Implementing Decision (EU) 2019/235 of 24 January 2019 on amending Decision 2008/411/EC as regards an update of relevant technical conditions applicable to the 3 400-3 800 MHz frequency band (OJ L 37, 8.2.2019, pp. 135–143).

Commission Implementing Decision (EU) 2018/661 of 26 April 2018 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1 452-1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1 427-1 452 MHz and 1 492-1 517 MHz frequency bands (OJ L 110, 30.4.2018, pp. 127–133).

Decision (EU) 2017/899 of the European Parliament and of the Council of 17 May 2017 on the use of the 470-790 MHz frequency band in the Union (OJ L 138, 25.5.2017, pp. 131–137).

Commission Implementing Decision (EU) 2016/2317 of 16 December 2016 amending Decision 2008/294/EC and Implementing Decision 2013/654/EU, in order to simplify the operation of mobile communications on board aircraft (MCA services) in the Union (OJ L 345, 20.12.2016, pp. 67–71).

Commission Implementing Decision (EU) 2016/687 of 28 April 2016 on the harmonisation of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services and for flexible national use in the Union (OJ L 118, 4.5.2016, pp. 4–15).

Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1 452-1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union (OJ L 119, 12.5.2015, pp. 27–31).

See consolidated version.

Commission Implementing Decision 2014/276/EU of 2 May 2014 on amending Decision 2008/411/EC on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (OJ L 139, 14.5.2014, pp. 18–25).

Commission Implementing Decision 2013/654/EU of 12 November 2013 amending Decision 2008/294/EC to include additional access technologies and frequency bands for mobile communications services on aircraft (MCA services) (OJ L 303, 14.11.2013, pp. 48–51).

See consolidated version.

Commission Implementing Decision 2012/688/EU of 5 November 2012 on the harmonisation of the frequency bands 1 920-1 980 MHz and 2 110-2 170 MHz for terrestrial systems capable of providing electronic communications services in the Union (OJ L 307, 7.11.2012, pp. 84–88).

See consolidated version.

Commission Decision 2010/267/EU of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union (OJ L 117, 11.5.2010, pp. 95–101).

Commission Decision 2008/477/EC of 13 June 2008 on the harmonisation of the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (OJ L 163, 24.6.2008, pp. 37–41).

See consolidated version.

Commission Decision 2008/411/EC of 21 May 2008 on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (OJ L 144, 4.6.2008, pp. 77–81).

See consolidated version.

Commission Decision 2008/294/EC of 7 April 2008 on harmonised conditions of spectrum use for the operation of mobile communication services on aircraft (MCA services) in the Community (OJ L 98, 10.4.2008, pp. 19–23).

See consolidated version.

Commission Decision 2007/98/EC of 14 February 2007 on the harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services (notified under document number C(2007) 409) (OJ L 43, 15.2.2007, pp. 32–34).

Commission Decision 2006/771/EC of 9 November 2006 on harmonisation of the radio spectrum for use by short-range devices (OJ L 312, 11.11.2006, pp. 66–70).

See consolidated version.

RELATED DOCUMENTS

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (OJ L 321, 17.12.2018, pp. 36–214).

See consolidated version.

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) (OJ L 108, 24.4.2002, pp. 1–6).