EUROPEAN COMMISSION Directorate-General for Communications Networks, Content and Technology Electronic Communications Networks and Services Radio Spectrum Policy Brussels, 28 June 2019 DG CONNECT /B4 RSCOM1 9 - 24 INTERNAL DOCUMENT RADIO SPECTRUM COMMITTEE Working Document Subject: Call to M ember S tates for information on the implementation of the following Co mmission Implementing Decisions: (EU) 2018/1538 , (EU) 2018/661 , (EU) 2018/637 , (EU) 2017/2077 , (EU) 2017/191 and (EU) 2016/2317 This is a Committee working document which does not necessarily reflect the official position of the Commission. No inferences should be drawn from this document as to the precise form or content of future measures to be submitted by the Commission. The Commission accepts no responsibility or liability whatsoever with regard to any information or da ta referred to in this document INTRODUCTION The Commission is carrying out a systematic verification of national implementation of its harmonisation Decisions adopted pursuant to the Radio Spectrum Decision 676/2002/EC. This document launches the verification of the state of implementation regarding the following Commission Implementing Decision s: (EU) 2018/1538 of 11 October 2018 on the harmonisation of radio spectrum for use by short-range devices within the 874-876 and 915-921 MHz frequency bands . The deadline for implementation of this Decision was 1 February 2019 as set out in the Annex . (EU) 2018/661 of 26 April 2018 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1427-1452 MHz and 1492-1517 MHz frequency bands . According to the Article 2, paragraph 2, n o later than 1 October 2018, Member States shall designate and make available, on a non-exclusive basis, the 1427-1452 MHz and the 1492-1 517 MHz frequency bands, or a portion thereof, for terrestrial systems capable of providing wireless broadband electronic communications services, in compliance with the parameters set out in the Annex. According to the Article 2(3) Member States may allow existing incompatible use (such as fixed links) until 1 January 2023 and longer if there is no market demand for WBB. According to the Article 4a, Member States shall report to the Commission on the application of this Decision, including the extent of availability of the 1427-1452 MHz and 1492-1 517 MHz frequency bands, on 1 November 2018 at the latest. The deadline for implementation of this Decision was 1 October 2018. (EU) 2018/637 of 20 April 2018 amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community as regards relevant technical conditions for the Internet of Things . The deadline for implementation of this Decision was 30 September 2018 as regards the designation and availability of spectrum for LTE-based IoT and narrowband IoT. (EU) 2017/2077 of 10 November 2017 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community . (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 . Article 3 of this Decision sets out an obligation on Member States to make available the required amount of MCV spectrum no later than 6 months after the date of notification of the 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 . 2 . REQUEST TO MEMBER STATES TO PROVIDE INFORMATION ON THE IMPLEMENTATION OF DECISION S (EU) 2018/1538, (EU) 2018/661, (EU) 2018/637, (EU) 2017/2077, (EU) 2017/191 , and (EU) 2016/2317 Art icle 7 of the Radio Spectrum Decision provides that " Member States shall give to the Commission all information necessary for the purpose of verifying the implementation of this Decision" . Member States are therefore invited to provide in writing to the Commission the information listed in the questionnaire s in annex regarding the implementation of Implementing Decision s (EU) 2018/1538, (EU) 2018/661, (EU) 2018/637, (EU) 2017/2077, (EU) 2017/191 and (EU) 2016/2317 , by 1 October 201 9 . Such information should preferably be sent via e-mail to the RSC mailbox (
[email protected] ). Member States are kindly requested to send the replies to questionnaires in one single email message for all Decisions covered by this call for information . More information can be found on the extent of the implementation obligations set out in the implementing decision, under paragraphs 3.2 to 3.4 of document RSCOM08-84 Final of 23 June 2009 (attached hereto), in particular with regard to the obligation to "designate and make available". \s Finally, it should be noted that answers to the questionnaire do not replace the formal notification to the Commission of the national measures which are ado pted to implement a Commission Implementing D ecision; such notification has to be transmitted as soon as such adoption has taken place, as explained in the working document RSCOM15-43, replacing document RSCOM07-66 " Methodology for Notification of National Implementation Measures" . Such formal notifications must be sent to the Commission Secretariat General , preferably with a copy to the RSC mailbox. \s So far, the following Member States have sent official notifications of Decisions: (EU) 2018/1538 2 MS ( Bulgaria, Finland ) ; \s (EU) 2018/661 8 MS ( Bulgaria, Cyprus, Finland, Italy, Germany, Hungary, Latvia, Luxembourg) ; \s (EU) 2018/637 6 MS ( Finland, Italy, Germany, Latvia, Luxembourg, Malta ) ; \s (EU) 2017/2077 4 MS ( Germany, Italy, Luxembourg, Slovenia ) ; \s (EU) 2017/191 11 MS ( Cyprus, Denmark, Finland, Germany, Italy, Lithuania, Luxembourg, Malta, Slovenia, Spain , United Kingdom ) ; \s (EU) 2016/2317 11 MS ( Belgium, Cyprus, Denmark, Finland, Germany, Italy, Lithuania, Luxembourg, Malta, Slovenia, Spain ) ; \s 3 . ASSES SMENT OF IMPLEMENTATION The Commission services have the task to monitor how the Decision s have been implemented. A good collaboration with Member States is therefore fundamental. The Commission recalls that any difficulty in the implementation can be brought to the attention of the RSC for discussion, if needed. An overview of the implementation of the se Decision s based on the answers to the attached questionnaire s will be presented at the next RSC meeting. As the information sought in the attached questionn aire is of public interest, the responses to the questions will be made public un less otherwise requested by RSC members.
EUROPEAN COMMISSION Directorate-General for Communications Networks, Content and Technology Electronic Communications Networks and Services Radio Spectrum Policy Brussels, 28 June 2019 DG CONNECT /B4 RSCOM1 9 - 24 INTERNAL DOCUMENT RADIO SPECTRUM COMMITTEE Working Document Subject: Call to M ember S tates for information on the implementation of the following Co mmission Implementing Decisions: (EU) 2018/1538 , (EU) 2018/661 , (EU) 2018/637 , (EU) 2017/2077 , (EU) 2017/191 and (EU) 2016/2317 This is a Committee working document which does not necessarily reflect the official position of the Commission. No inferences should be drawn from this document as to the precise form or content of future measures to be submitted by the Commission. The Commission accepts no responsibility or liability whatsoever with regard to any information or da ta referred to in this document INTRODUCTION The Commission is carrying out a systematic verification of national implementation of its harmonisation Decisions adopted pursuant to the Radio Spectrum Decision 676/2002/EC. This document launches the verification of the state of implementation regarding the following Commission Implementing Decision s: (EU) 2018/1538 of 11 October 2018 on the harmonisation of radio spectrum for use by short-range devices within the 874-876 and 915-921 MHz frequency bands . The deadline for implementation of this Decision was 1 February 2019 as set out in the Annex . (EU) 2018/661 of 26 April 2018 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1427-1452 MHz and 1492-1517 MHz frequency bands . According to the Article 2, paragraph 2, n o later than 1 October 2018, Member States shall designate and make available, on a non-exclusive basis, the 1427-1452 MHz and the 1492-1 517 MHz frequency bands, or a portion thereof, for terrestrial systems capable of providing wireless broadband electronic communications services, in compliance with the parameters set out in the Annex. According to the Article 2(3) Member States may allow existing incompatible use (such as fixed links) until 1 January 2023 and longer if there is no market demand for WBB. According to the Article 4a, Member States shall report to the Commission on the application of this Decision, including the extent of availability of the 1427-1452 MHz and 1492-1 517 MHz frequency bands, on 1 November 2018 at the latest. The deadline for implementation of this Decision was 1 October 2018. (EU) 2018/637 of 20 April 2018 amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community as regards relevant technical conditions for the Internet of Things . The deadline for implementation of this Decision was 30 September 2018 as regards the designation and availability of spectrum for LTE-based IoT and narrowband IoT. (EU) 2017/2077 of 10 November 2017 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community . (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 . Article 3 of this Decision sets out an obligation on Member States to make available the required amount of MCV spectrum no later than 6 months after the date of notification of the 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 . 2 . REQUEST TO MEMBER STATES TO PROVIDE INFORMATION ON THE IMPLEMENTATION OF DECISION S (EU) 2018/1538, (EU) 2018/661, (EU) 2018/637, (EU) 2017/2077, (EU) 2017/191 , and (EU) 2016/2317 Art icle 7 of the Radio Spectrum Decision provides that " Member States shall give to the Commission all information necessary for the purpose of verifying the implementation of this Decision" . Member States are therefore invited to provide in writing to the Commission the information listed in the questionnaire s in annex regarding the implementation of Implementing Decision s (EU) 2018/1538, (EU) 2018/661, (EU) 2018/637, (EU) 2017/2077, (EU) 2017/191 and (EU) 2016/2317 , by 1 October 201 9 . Such information should preferably be sent via e-mail to the RSC mailbox (
[email protected] ). Member States are kindly requested to send the replies to questionnaires in one single email message for all Decisions covered by this call for information . More information can be found on the extent of the implementation obligations set out in the implementing decision, under paragraphs 3.2 to 3.4 of document RSCOM08-84 Final of 23 June 2009 (attached hereto), in particular with regard to the obligation to "designate and make available". \s Finally, it should be noted that answers to the questionnaire do not replace the formal notification to the Commission of the national measures which are ado pted to implement a Commission Implementing D ecision; such notification has to be transmitted as soon as such adoption has taken place, as explained in the working document RSCOM15-43, replacing document RSCOM07-66 " Methodology for Notification of National Implementation Measures" . Such formal notifications must be sent to the Commission Secretariat General , preferably with a copy to the RSC mailbox. \s So far, the following Member States have sent official notifications of Decisions: (EU) 2018/1538 2 MS ( Bulgaria, Finland ) ; \s (EU) 2018/661 8 MS ( Bulgaria, Cyprus, Finland, Italy, Germany, Hungary, Latvia, Luxembourg) ; \s (EU) 2018/637 6 MS ( Finland, Italy, Germany, Latvia, Luxembourg, Malta ) ; \s (EU) 2017/2077 4 MS ( Germany, Italy, Luxembourg, Slovenia ) ; \s (EU) 2017/191 11 MS ( Cyprus, Denmark, Finland, Germany, Italy, Lithuania, Luxembourg, Malta, Slovenia, Spain , United Kingdom ) ; \s (EU) 2016/2317 11 MS ( Belgium, Cyprus, Denmark, Finland, Germany, Italy, Lithuania, Luxembourg, Malta, Slovenia, Spain ) ; \s 3 . ASSES SMENT OF IMPLEMENTATION The Commission services have the task to monitor how the Decision s have been implemented. A good collaboration with Member States is therefore fundamental. The Commission recalls that any difficulty in the implementation can be brought to the attention of the RSC for discussion, if needed. An overview of the implementation of the se Decision s based on the answers to the attached questionnaire s will be presented at the next RSC meeting. As the information sought in the attached questionn aire is of public interest, the responses to the questions will be made public un less otherwise requested by RSC members. QUESTIONNAIRE The Commission services would be grateful to receive answers to the following questions by 1 October 2019 , preferably via e-mail (
[email protected] ). C ommission Implementing Decision (E U) 2018/1538 on the harmonisation of radio spectrum for use by short-range devices within the 874-876 and 915-921 MHz frequency bands How has Decision (EU) 201 8 / 1538 been implemented? Please specify. Not implemented . The amendment s of Regulations to implement the Decision are under preparation. Which measures have been taken to designate the spectrum, i. e . by way of changing the national frequency allocation/utilisation plan? The spectrum will be designated by way of changing the national frequency allocation plan . Which measures have been taken to make available the spectrum, i.e. by way of regulating the use of the radio frequencies concerned? The use of radio frequencies will be regulated by changing of Regulation concerning the use of radio equipment exempted from frequency authorisation. Were any measures necessary to protect existing services on the national level according to the Article 3.2 of the Decision? In particular to coordinate with existing services? If so, which ones? The protection of the existing services will be ensured by establishing the requirements for the use of radio equipment exempted from frequency authorisation which is under preparation . No additional measures will be necessary What is the legal reference of the national measures for such implementation? (please attach a copy of the legal texts) Not available at the moment When did those national measures enter into force? - Was an official notification sent to the European Commission, and if so, when and to which service? Not yet C ommission Implementing Decision (EU) 2018/661 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1427-1452 MHz and 1492-1517 MHz frequency bands How has Decision (EU) 2018/661 been implemented? Please specify. The Decision is implemented by national frequency allocation plan Which measures have been taken to designate the spectrum, i. e . by way of changing the national frequency allocation/utilisation plan? The spectrum is allocated by way of changing the national frequency allocation plan. Which measures have been taken to make available the spectrum, i.e. by way of regulating the use of the radio frequencies concerned? The frequency band will be made available by public competition. The issue of new frequency authorisations in the frequency bands 1427–1452 MHz and 1492 –1517 MHz should be coordinated with the military use of Estonia and neighbouring EU countries. The use of the band in question should also be in compliance with international regulation and international agreements with EU and also non-EU neighbouring countries. What is the legal reference of the national measures for such implementation? (please attach a copy of the legal texts) Regulation of the Minister of Foreign Trade and Information Technology from 26.10.2017 No. 54 “Estonian Radio Allocation Plan” RT I, 01.11.2017, 1 https://www.riigiteataja.ee/akt/125012019006 see Annex 1 https://www.riigiteataja.ee/aktilisa/1250/1201/9006/MKM_22012019_m6lisa1.pdf# When did those national measures enter into force? 27.08.2018 Was an official notification sent to the European Commission, and if so, when and to which service? Not yet. Will be sent by the Ministry of Economic Affairs and Communications in the nearest future C ommission Implementing Decision (EU) 2018/637 amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community as regards relevant technical conditions for the Internet of Things How has Decision (EU) 2018/637 been implemented? Please specify. The Decision is implemented by national frequency allocation plan Which measures have been taken to designate the spectrum, i. e . by way of changing the national frequency allocation/utilisation plan? The spectrum is allocated by way of changing the national frequency allocation plan. Which measures have been taken to make available the spectrum, i.e. by way of regulating the use of the radio frequencies concerned? The requirements for the use are published in the national frequency allocation plan . The requirements for the usage will be more detailly specified by the Regulation for the use of radio equipment operating on the basis of frequency authorisation which is under preparation . What is the legal reference of the national measures for such implementation? (please attach a copy of the legal texts) Regulation of the Minister of Foreign Trade and Information Technology from 26.10.2017 No. 54 “Estonian Radio Allocation Plan” RT I, 01.11.2017, 1 https://www.riigiteataja.ee/akt/125012019006 see Annex 1 https://www.riigiteataja.ee/aktilisa/1250/1201/9006/MKM_22012019_m6lisa1.pdf# When did those national measures enter into force? 27.08.2018 Was an official notification sent to the European Commission, and if so, when and to which service? Not yet. Will be sent by the Ministry of Economic Affairs and Communications in the nearest future C ommission Implementing Decision (EU) 2017/2077 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community How has Decision (EU) 2017/2077 been implemented? Please specify. The Decision is implemented by national frequency allocation plan What is the legal reference of the national measures for such implementation? (please attach a copy of the legal texts) Regulation of the Minister of Foreign Trade and Information Technology from 26.10.2017 No. 54 “Estonian Radio Allocation Plan” RT I, 01.11.2017, 1 https://www.riigiteataja.ee/akt/125012019006 see Annex 1 https://www.riigiteataja.ee/aktilisa/1250/1201/9006/MKM_22012019_m6lisa1.pdf# When did those national measures enter into force? 27.08.2018 Was an official notification sent to the European Commission, and if so, when and to which service? Not yet. Will be sent by the Ministry of Economic Affairs and Communications in the nearest future Commission Implementing Decision (EU) 2017/191 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 How has Decision (EU) 2017/191 been implemented? Please specify. The Decision is implemented by national frequency allocation plan Which measures have been taken to designate the spectrum, i. e . by way of changing the national frequency allocation/utilisation plan? The spectrum is allocated by way of changing the national frequency allocation plan. Which measures have been taken to make available the spectrum, i.e. by way of regulating the use of the radio frequencies concerned? The requirements for the use are published in the national frequency allocation plan . The requirements for the usage will be more detailly specified by the Regulation for the use of radio equipment exempted from frequency authorisation which is under preparation. What is the legal reference of the national measures for such implementation? (please attach a copy of the legal texts) Regulation of the Minister of Foreign Trade and Information Technology from 26.10.2017 No. 54 “Estonian Radio Allocation Plan” RT I, 01.11.2017, 1 https://www.riigiteataja.ee/akt/125012019006 see Annex 1 https://www.riigiteataja.ee/aktilisa/1250/1201/9006/MKM_22012019_m6lisa1.pdf# When did those national measures enter into force? 27.08.2018 Was an official notification sent to the European Commission, and if so, when and to which service? Not yet. Will be sent by the Ministry of Economic Affairs and Communications in the nearest future Commission Implementing Decision (EU) 2016/2317 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 How has Decision (EU) 2016/2317 been implemented? Please specify. Not implemented The Decision is implemented by national frequency allocation plan Which measures have been taken to designate the spectrum, i. e . by way of changing the national frequency allocation/utilisation plan? The spectrum is allocated by way of changing the national frequency allocation plan. Since there are no changes in the use of frequencies in comparison with Implementing Decision 2013/654/EU Which measures have been taken to make available the spectrum, i.e. by way of regulating the use of the radio frequencies concerned? The requirements for the usage according to (EU) 2016/2317 will be more detailly specified by changing of Regulation for the use of radio equipment exempted from frequency authorisation which is under preparation. What is the legal reference of the national measures for such implementation? (please attach a copy of the legal texts) Regulation of the Minister of Foreign Trade and Information Technology from 26.10.2017 No. 54 “Estonian Radio Allocation Plan” HYPERLINK "https://www.riigiteataja.ee/akt/101112017001" RT I, 01.11.2017, 1 HYPERLINK "https://www.riigiteataja.ee/akt/125012019006" https://www.riigiteataja.ee/akt/125012019006 see Annex 1 HYPERLINK "https://www.riigiteataja.ee/aktilisa/1250/1201/9006/MKM_22012019_m6lisa1.pdf" https://www.riigiteataja.ee/aktilisa/1250/1201/9006/MKM_22012019_m6lisa1.pdf# When did those national measures enter into force? 27.08.2018 Was an official notification sent to the European Commission, and if so, when and to which service? Not yet. Will be sent by the Ministry of Economic Affairs and Communications after publishing of the appropriate changes in the Regulation for the use of radio equipment exempted from frequency authorisation which is under preparation.