4.

Without prejudice to the second subparagraph, Member States shall ensure that all types of technology used for the provision of electronic communications networks or services may be used in the radio spectrum declared available for electronic communications services in their National Frequency Allocation Plan in accordance with Union law. Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessary to: avoid harmful interference; protect public health against electromagnetic fields, taking utmost account of Recommendation 1999/519/EC; ensure technical quality of service; ensure maximisation of radio spectrum sharing; safeguard efficient use of radio spectrum; or ensure the fulfilment of a general interest objective in accordance with paragraph 5.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.