L 27432 Official Journal of the European Union 20.10.2009 COMMISSION DECISION of 16 October 2009 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 (notified under document C(2009) 7801) (Text with EEA relevance) (2009/766/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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) (), and in particular Article 4(3) thereof, Whereas: ( ( ( ( ( 1 2 3 4 ) ) ) ) ) O] O] O] O] The 890-915 and 935-960 MHz frequency bands were reserved and were to be occupied for the public pan- European cellular digital mobile communications service, as provided in each of the Member States to a common specification, identified by 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 (3, and comple- mented by Council Recommendation of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community *)  and by Council Resolution of 14 December 1990 on the final stage of the coordinated introduction of pan-European land-based public digital mobile cellular communications in the Community (GSM) (¥). Directive 2009/114/EC of the European Parliament and of the Council (°) amends Directive 87/372/EEC and opens the 880-915 MHz and 925-960 MHz frequency bands (the 900 MHz band) to the Universal Mobile Tele- communications System (UMTS) and to other terrestrial systems capable of providing electronic communications services that can coexist with the Global System for Mobile communications (GSM), in accordance with L 108, 24.4.2002, p. 1. L 196, 17.7.1987, p. 85. L 196, 17.7.1987, p. 81. C 329, 31.12.1990, p. 25. %) See page 25 of this Official Journal. technical implementing measures adopted pursuant to Decision No 676/2002/EC (hereinafter the Radio Spectrum  Decision).  Technical ~measures should therefore be adopted to allow the coexistence of GSM and other systems in the 900 MHz band. The 1 710-1 785 MHz and 1 805-1 880 MHz frequency bands (the 1 800 MHz band) have become available for GSM operation and are currently used by GSM systems across Europe. The 1800 MHz band should also be opened under the same conditions as the 900 MHz band to other terrestrial systems capable of providing electronic communications services that can coexist with GSM systems. The current use of GSM in the 1 800 MHz band should be protected throughout the Community as long as there is reasonable demand for the service, in line with the approach taken to protect the use of GSM in the 900 MHz band by Directive 87/372/EEC. Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission issued a mandate on 5 July 2006 to the European Conference of Postal and Telecommunications Administrations (hereinafter the CEPT) to develop least restrictive technical conditions for frequency bands addressed in the context of WAPECS (wireless access policy for electronic communications services), which include the 900 MHz and 1 800 MHz bands. Technological neutrality and service neutrality are policy goals that have been supported by the Member States in the Radio Spectrum Policy Group (hereinafter the RSPG) Opinion on WAPECS of 23 November 2005 to achieve more flexible use of spectrum. The RSPG Opinion on WAPECS considers that these policy goals should be introduced gradually rather than suddenly so as to avoid any disruption of the market. The Commission set out its views on the more flexible use of spectrum in its Communication on ‘Rapid access to spectrum for wireless electronic communications services through more flexibility’ (°), which, inter alia, stresses the need for a consistent and proportionate solution regarding the second and third generation mobile bands in the context of introducing flexible spectrum use for elec- tronic communications services. () COM(2007) 50.