Recommendation 2008/295 - Authorisation of mobile communication services on aircraft (MCA services) in the EC (notified under document number C(2008) 1257) - Main contents
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official title
Commission Recommendation of 7 April 2008 on authorisation of mobile communication services on aircraft (MCA services) in the European Community (notified under document number C(2008) 1257)| Legal instrument | Recommendation |
|---|---|
| Number legal act | Recommendation 2008/295 |
| CELEX number i | 32008H0295 |
| Document | 07-04-2008 |
|---|---|
| Publication in Official Journal | 10-04-2008; OJ L 98 p. 24-27 |
| Effect | 07-04-2008; Entry into force Date of document |
| End of validity | 31-12-9999 |
| Notification | 01-01-1001 |
10.4.2008 |
EN |
Official Journal of the European Union |
L 98/24 |
COMMISSION RECOMMENDATION
of 7 April 2008
on authorisation of mobile communication services on aircraft (MCA services) in the European Community
(notified under document number C(2008) 1257)
(Text with EEA relevance)
(2008/295/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (1), and in particular Article 19(1) thereof,
Whereas:
(1) |
The EU’s information society policy and the i2010 initiative stress the benefits of ready access to information and communication resources in all areas of daily life. A coordinated approach to regulate mobile communication services on aircraft (MCA services) would help to secure these benefits and facilitate cross-border electronic communications services across the Community. |
(2) |
When authorising MCA services, Member States must comply with the Framework Directive and with Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (2). |
(3) |
Pursuant to the Framework Directive, national regulatory authorities in the Member States should contribute to the development of the internal market by, inter alia, removing remaining obstacles to the provision of electronic communications networks, associated facilities and services and electronic communications services at European level and by encouraging the establishment and development of trans-European networks and the interoperability of pan-European services, and end-to-end connectivity. |
(4) |
Pursuant to the Authorisation Directive, the least onerous authorisation system possible should be used to allow the provision of electronic communications networks and services in order to stimulate the development of new electronic communications services and pan-European communication networks and services and to allow service providers and consumers to benefit from the economies of scale of the single market. Those aims can generally best be achieved by general authorisation of all electronic communications networks and services. |
(5) |
The technical conditions necessary to reduce the risk of harmful interference with terrestrial mobile networks by MCA operation are dealt with separately in Commission Decision 2008/294/EC (3). |
(6) |
The technical basis for Decision 2008/294/EC is Report 016 of the European Conference of Postal and Telecommunications Administrations (CEPT), which was written in response to the EC mandate given to the CEPT on MCA of 12 October 2006. |
(7) |
ETSI Harmonised Standard EN 302 480 provides for presumption of conformity with the essential requirements of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (4) for equipment used for MCA services in the European Union. |
(8) |
Issues relating to air safety are of paramount importance and MCA services may be provided only on condition that they have fulfilled air safety requirements via appropriate airworthiness certification and other relevant aeronautical agreements, together with electronic communications requirements. Airworthiness certificates valid for the whole European Union are issued by the European Aviation Safety Agency (EASA). |
(9) |
Provided the technical conditions specified in Decision 2008/294/EC and in Harmonised Standard EN 302 480 or... |
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