Article 1
Decision 2008/411/EC is amended as follows: (1) Article 2 is replaced by the following: ‘Article 2 1. Without prejudice to the protection and continued operation of other existing use in this band, Member States shall designate and subsequently make available, on a non-exclusive basis the 3 400-3 800 MHz frequency band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex. Moreover, Member States need not apply the parameters laid down in the Annex in respect of rights of use for terrestrial electronic communications networks in the 3 400-3 800 MHz frequency band existing at the date of adoption of this decision, to the extent that the exercise of those rights does not prevent the use of that band according to the Annex. 2. Member States shall ensure that networks referred to in paragraph 1 give appropriate protection to systems in adjacent bands. 3. Member States shall not be bound to implement the obligations under this Decision in geographical areas where coordination with third countries requires a deviation from the parameters in the Annex. Member States shall make all practicable efforts to solve such deviations, which they shall notify to the Commission, including the affected geographical areas, and publish the relevant information pursuant to Decision No 676/2002/EC.’; (2) In Article 3, the following subparagraph is added: ‘Member States shall facilitate cross-border coordination agreements with the aim of enabling the operation of those networks, taking into account existing regulatory procedures and rights.’; (3) The following Article 4a is inserted: ‘Article 4a Member States shall apply the conditions laid down in the Annex on 30 June 2015 at the latest. Member States shall report on the application of this Decision on 30 September 2015 at the latest.’; (4) The Annex is replaced by the text in the Annex to this Decision.