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 (notified under document C(2024) 236)

This Decision establishes harmonised technical conditions for the availability and efficient use of the 900 MHz, 1800 MHz, paired terrestrial 2 GHz and paired 2,6 GHz frequency bands for systems that provide mobile communication services on board vessels within territorial seas of the Member States in the Union.

For the purposes of this Decision, the following definitions shall apply: (1) ‘mobile communication services on board vessels’ (MCV services) means electronic communication services, as defined in Article 2, point (4), of Directive (EU) 2018/1972, provided by an undertaking to enable persons on board a vessel to communicate via public communication networks using a system subject to Article 3 without establishing direct connections with land-based mobile networks; (2) ‘the 900 MHz frequency band’ means the 880–915 MHz frequency band for uplink (terminal transmit, base station receive) and 925–960 MHz frequency band for downlink (base station transmit, terminal receive); (3) ‘the 1800 MHz frequency band’ means the 1710–1785 MHz frequency band for uplink (terminal transmit, base station receive) and 1805–1880 MHz frequency band for downlink (base station transmit, terminal receive); (4) ‘the paired terrestrial 2 GHz frequency band’ means the 1920–1980 MHz frequency band for uplink (terminal transmit, base station receive) and 2110–2170 MHz frequency band for downlink (base station transmit, terminal receive); (5) ‘the paired 2,6 GHz frequency band’ means the 2500–2570 MHz frequency band for uplink (terminal transmit, base station receive) and 2620–2690 MHz frequency band for downlink (base station transmit, terminal receive); (6) ‘on a non-interference and non-protected basis’ means that MCV services may not cause harmful interference to any other radio-communication service nor can MCV services claim protection against harmful interference originating from other radio-communication services; (7) ‘territorial sea’ is to be understood as defined in the United Nations Convention on the Law of the Sea; (8) ‘vessel base transceiver station’ (vessel-BS) means a mobile pico-cell located on a vessel and supporting mobile systems in compliance with the Annex to this Decision.

1 Member States shall make available at least 2 MHz of spectrum in both the uplink direction and in the corresponding paired spectrum in the downlink direction within the 900 MHz and/or 1800 MHz frequency bands for the mobile systems listed in the Annex that provide MCV services on a non-interference and non-protected basis in their territorial seas.

2 Member States shall make available 5 MHz of spectrum in both the uplink direction and in the corresponding paired spectrum in the downlink direction within the paired terrestrial 2 GHz frequency band and within the 1800 MHz and paired 2,6 GHz frequency bands for the mobile systems listed in the Annex that provide MCV services on a non-interference and non-protected basis in their territorial seas.

3 Member States shall ensure that the systems referred to in paragraphs 1 and 2 comply with the conditions and implementation deadlines set out in the Annex.

Member States shall keep under review the use of frequency bands by systems that provide MCV services in their territorial seas, referred to in Article 3(1) and 3(2), in particular with regard to the continued relevance of the conditions set out in Article 3 and in the Annex, and to instances of harmful interference.

Member States shall submit a report to the Commission on their findings with regard to the review referred to in Article 4. The European Commission shall, where appropriate, proceed to a review of this Decision.

Decision 2010/166/EU is repealed.

This Decision is addressed to the Member States.