27.12.2005 Official Journal of the European Union L 344[47 COMMISSION DECISION of 20 December 2005 on the harmonisation of the 169,4-169,8125 MHz frequency band in the Community (notified under document number C(2005) 5003) (Text with EEA relevance) (2005/928/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 Par- liament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Commu- nity (Radio Spectrum Decision) (), and in particular Article 4(3) thereof, Whereas: Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated for the coordinated introduc- tion of pan-European land-based public radio paging in the Community (the ERMES Directive) (3 was repealed on 27 December 2005 by Directive 2005/82/EC of the Euro- pean Parliament and of the Council (}). That Directive required Member States to designate in the 169,4 to 169,8 MHz radio spectrum band four channels for the pan- European land-based public radio paging service (herein- after referred to as ‘ERMES’) and to ensure that ERMES services occupy, as quickly as possible, the whole of the 169,4 to 169,8 MHz radio spectrum band according to commercial demand. The use of the 169,4 to 169,8 MHz radio spectrum band for ERMES in the Community has decreased dramatically or even ceased altogether, with the result that this radio spectrum band is not being efficiently utilised by ERMES and could therefore be better used to fulfil other Commu- nity policy needs. Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission issued on 7 July 2003 a mandate to the European Conference of Postal and Telecommunications Administrations (hereinafter referred as ‘CEPT’) to collect (1) OJL 108, 24.4.2002, p. 1. () OJL 310, 9.11.1990, p. 28. () OJ L 344, 27.12.2005, p. 38. information on the current and future possible applica- tions of the 169,4 to 169,8 MHz band, to identify a list of alternative options for the use of the radio spectrum band and in particular those which are not related only to tradi- tional electronic communications. The CEPT was asked to evaluate, for each possible application, co-existence between various applications and the possibility of using alternative radio spectrum bands, in line with the prin- ciples of the Framework Directive. The radio spectrum band, which is already partially harmonised, is appropri- ate for certain applications related to the establishment and functioning of the internal market in a number of Com- munity policy areas, among which some are likely to ben- efit disabled people or assist justice and home affairs collaboration in the European Union. Article 8(4) of Directive 2002/21/EC of the European Par- liament and of the Council of 7 March 2002 on a common regulatory framework for the electronic communications networks and services (Framework Directive) () requires Member States to promote the interests of European Union citizens by inter alia addressing the needs of specific social groups, in particular hearing impaired persons and persons requiring urgent assistance. Based on technical investigations and on collection of information, the CEPT confirmed that despite the adoption of Directive 90/544/EEC, the use of this radio spectrum band for ERMES has remained very limited and that the need for radio messaging or paging systems has changed in Europe as the functions thereof have been replaced by other technologies such as short messaging systems (SMS) over GSM. The designation of parts of the 169,4 to 169,8 MHz radio spectrum band for ERMES should therefore be modified in the Community in order to ensure more efficient use of this radio spectrum band, while preserving its harmonised character. (4 OJ L 108, 24.4.2002, p. 33.