L 72/38 Official Journal of the European Union 20.3.2010 DECISIONS COMMISSION DECISION 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 (notified under document C(2010) 1644) (Text with EEA relevance) (2010/166/EU) 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) (), and in particular Article 4(3) thereof, Whereas: The i2010 policy, as the strategic framework for a European Information Society (%), promotes an open and competitive digital economy in the European Union and emphasises information and communication technologies as a driver of inclusion and quality of life. The development of additional means of communicating could be beneficial for work productivity and for growth in the mobile telephony market. Maritime connectivity applications are used on board freight and passenger ships sailing within territorial seas and international waters in the European Union and are often pan-European or inter-State in nature. Systems providing mobile communication services on board vessels (MCV services) aim to complement existing mobile connectivity when operating in those areas of the territorial seas of the European Union Member States, as defined in the United Nations Convention on the Law of the Sea, that are not covered by land-based mobile networks, which are subject to Commission () OJ L 108, 24.4.2002, p. 1. () COM(2005) 229 final of 1 June 2005. Decision 2009/766/EC of 16 October 2009 on the harmonisation of the 900MHz and 1800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications service in the Community (). A coordinated approach to the regulation of such MCV services should support the objectives of the single market and potentially improve the availability of GSM services within the European Union. Harmonisation of the rules on the use of radio spectrum across the European Union should facilitate the deployment and uptake of MCV services within the European Union, the main aims being to avoid harmful interference towards land-based mobile networks and to prevent connection to systems providing MCV services when connection to land-based mobile networks is possible. Pursuant to Article 4(2) of Decision No 676/2002[EC, the European Commission has given a mandate () to the European Conference of Postal and Telecommunications Administrations  (hereinafter CEPT) to identify the technical and operational conditions required to ensure the avoidance of harmful interference from GSM systems used on board vessels in the 900 MHz and 1 800 MHz frequency bands in the territorial seas of Member States with the operation of existing land-based mobile networks, also in areas of these territorial seas where services are provided by these networks, and to ensure that land-based mobile terminals are not connected to such a system when it is in use within the territorial seas and that any mobile terminals are not prevented from connecting to land-based networks. This Decision is based on the technical studies undertaken by CEPT under the European Commission mandate, as presented in CEPT Report 28 (°). () OJ L 274, 20.10.2009, p. 32. (*) Mandate to the CEPT on mobile communication services on vessels, 8 July 2008. (°) Final report from CEPT to the European Commission in response to the EC Mandate on mobile communication services on board vessels (MCV), 1 July 2009.