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Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council (notified under document C(2011) 7001) (Text with EEA relevance) (2011/667/EU)

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Changes over time for: Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council (notified under document C(2011) 7001) (Text with EEA relevance) (2011/667/EU) (without Annexes)

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Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council (notified under document C(2011) 7001) (Text with EEA relevance) (2011/667/EU) is up to date with all changes known to be in force on or before 15 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Article 1U.K.+E.U.Subject matter, objective and scope

1.This Decision lays down the modalities for the coordinated application of Member States’ rules on enforcement applicable to an authorised operator of mobile satellite systems in the event of an alleged breach of the common conditions attached to its authorisation.

2.Taking into account the cross-border nature of MSS, coordination with the assistance of the Communications Committee shall aim in particular at facilitating a common understanding of the facts underlying any alleged breach and its gravity, leading to consistent application of national enforcement rules across the European Union, including coordinated timing of any measures taken, in particular where breaches are similar in nature.

3.This Decision does not apply to enforcement measures concerning conditions other than the common conditions referred to in Article 7(2) of Decision No 626/2008/EC.

Article 2U.K.+E.U.Definitions

1.The definitions laid down in Decision No 626/2008/EC shall apply for the purposes of this Decision.

2.The following definitions shall also apply:

  • ‘authorised operator’ shall mean an operator selected pursuant to Decision 2009/449/EC which has been granted the right under general authorisation or individual rights of use to use the specific radio frequencies identified in Decision 2009/449/EC and/or the right to operate a mobile satellite system,

  • ‘common conditions’ shall mean the common conditions to which the rights of an authorised operator are subject in accordance with Article 7(2) of Decision No 626/2008/EC,

  • ‘authorising Member State’ shall mean a Member State which has granted authorised operators rights under general authorisation or individual rights of use to use the specific radio frequencies identified in Decision 2009/449/EC and/or the right to operate a mobile satellite system.

Article 3U.K.+E.U.Coordination of enforcement of common conditions

1.Where an authorising Member State finds that an authorised operator does not comply with one or more of the common conditions and informs that operator of its findings pursuant to Article 10(2) of Directive 2002/20/EC, it shall at the same time inform the Commission which shall in turn inform the other Member States.

2.Following the transmission by the Commission to the Member States of the information as referred to in paragraph 1, the other authorising Member States shall investigate whether there is a breach of the relevant common conditions within their jurisdiction and give the authorised operator concerned the opportunity to state its views.

3.Within 5 months of the transmission by the Commission to the Member States of the information as referred to in paragraph 1, the authorising Member States shall notify a summary of their findings and of the views submitted by the authorised operator concerned to the Commission, which shall inform all the other Member States. Within 8 months from the transmission by the Commission to the Member States of the information as referred to in paragraph 1, the Commission shall convene a meeting of the Communications Committee in order to examine the alleged breach and, if applicable, to discuss any appropriate measures aimed at ensuring compliance, in line with the objectives referred to in Article 1(2).

4.Member States shall refrain from adopting any final decision on the alleged breach before the meeting of the Communications Committee as referred to in paragraph 3.

5.After the meeting of the Communications Committee as referred to in paragraph 3, each authorising Member State which has notified the authorised operator concerned of its findings pursuant to Article 10(2) of Directive 2002/20/EC and concludes that one or more common conditions have been breached shall take appropriate and proportionate measures, including financial penalties, aimed at ensuring compliance by the authorised operator concerned with the common conditions, with the exception of withdrawal, or suspension if applicable in accordance with their national law, of any authorisation or right of use held by the authorised operator concerned.

6.In the event of serious or repeated breaches of the common conditions, any authorising Member State which after having taken the measures referred to in paragraph 5 intends to adopt a decision to withdraw the authorisation pursuant to Article 10(5) of Directive 2002/20/EC shall inform the Commission of its intention and provide a summary of any measure taken by the authorised operator concerned to comply with the enforcement measures. The Commission shall communicate this information to the other Member States.

7.Within 3 months of the transmission by the Commission to the Member States of the information as referred to in paragraph 6, a meeting of the Communications Committee shall be convened with the objective to coordinate any withdrawal of an authorisation in line with the objectives referred to in Article 1(2). In the meantime all authorising Member States shall refrain from adopting decisions entailing withdrawal, or suspension if applicable in accordance with their national law, of any authorisation or right of use held by the authorised operator concerned.

8.Following the meeting of the Communications Committee as referred to in paragraph 7, the authorising Member States may adopt appropriate decisions with a view to withdrawing the authorisation granted to the authorised operator concerned.

9.Any enforcement decision referred to in paragraphs 5 and 8 and the reasons on which it is based shall be communicated to the authorised operator concerned within 1 week from its adoption, as well as to the Commission, which shall inform the other Member States.

Article 4U.K.+E.U.Addressees

This Decision is addressed to the Member States.

Done at Brussels, 10 October 2011.

For the Commission

Neelie Kroes

Vice-President

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