EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Implementing Decision (EU) 2022/179 as regards designating and making 
available the 5 150 -5 250 MHz, 5 250 -5 350 MHz and 5 470 -5 725 MHz frequency bands 
in accordance with the technical conditions set out in the Annex  
 
(Text with EEA relevance)    
EN 1  EN COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Implementing Decision (EU) 2022/179 as regards designating and making 
available the 5 150 -5 250 MHz, 5 250 -5 350 MHz and 5 470 -5 725 MHz frequency bands 
in accordance with the technical conditions set out in the Annex  
 
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regar d to Decision No 676/2002/EC of the European Parliament and of the Council of 
7 March  2002 on a regulatory framework for radio spectrum policy in the European 
Community (Radio Spectrum Decision) (1), and in particular Article 4(3)  thereof,  
Whereas:  
(1) Commission Implementing Decision (EU) 2022/179 (2) harmonised the use of radio 
spectrum in the 5 GHz band (5 150 -5 350 MHz and 5 470 -5 725 MHz) for wireless 
access systems including radio local area networks. The technical basis for this 
Decision was Repor t 79  of the European Conference of Postal and 
Telecommunications Administrations ’ (‘CEPT ’). 
(2) In February 2022 , the European automotive industry  asked  the Commission to confirm 
its interpretation of certain provisions of Commission Implementing Decision (EU)  
2022/179  with regard to WAS/RLAN usage cases in the 5 GHz frequency band  in 
road vehicles. By letter of 29 March 2022 , the Commission mandate d the CEPT to 
study the 5 GHz WAS/RLAN usage cases in road vehicles identified by the 
automotive industry  in the c ontext of Implementing Decision (EU) 2022/179 . 
(3) In accordance with th at mandate  letter , CEPT provided on 29 June 2022  a response 
complementing Report 79 by proposing changes in the technical conditions for the 
5 470-5 725 MHz band  in order to enable  limited  usage of WAS/ RLAN devices  in 
road vehicles , namely when such devices are operating  in slave  mode and are  
controlled by a fixed  device  operating in master mode and d etectin g radar signals by 
Dynamic Frequency Selection ( DFS) mitigation technique . In the light of that 
response , the Commission takes the view that the operation of installed WAS/RLAN 
device s in slave mode  should be allowed in road vehicle s provided that they only 
transmit when they are under the control of a fixed WAS/RLAN device  with DFS 
functionality operating in master mode .  
(4) No change was proposed by CEPT in its response as regards the technical conditions 
for WAS/RLANs in the 5 250 -5 350 MHz band. According to CEPT, the operation of 
                                                 
1 OJ L 108, 24.4.2002, p. 1.  
2 Commission Implementing Decision of 8 February 2022 on the harmonised use of radio spectrum in the 
5 GHz frequency band for the implementation of wireless access systems including radio local area 
networks and repealing Decision 2005/513/EC (OJ L 29, 10/02/ 2022 , p. 10).   
EN 2  EN WAS/RLAN installations in road vehicles should not be al lowed in that band, as there 
is no practical means in force to ensure that road vehicles are effectively located 
indoors and that the operation of WAS/RLAN installations in road vehicles  is, as a 
consequence, limited to indoor use. The use of the 5 250 -5 350 MHz band should 
therefore remain “indoor only” so as to avoid the risk of harmful interference to 
incumbent services in this band. Specialised vehicles intended to operate indoor only 
are not considered road vehicles.  
(5) The 5 150 -5 250 MHz band is alread y available for indoor use by WAS/RLAN 
devices including the operation of WAS/RLAN installations inside road vehicles on 
the basis of Implementing Decision (EU) 2022/179.  
(6) The elements contained in the response of CEPT to the Commission mandate letter 
can b e used as a basis for this Decision.  
(7) This Decision should build upon and develop the principles and provisions set out in 
Implementing Decision (EU) 2022/179 . 
(8) The measures provided for in this Decision are in accordance with the opinion of the 
Radio Spectrum Committee,  
HAS ADOPTED THIS DECISION:  
Article 1  
Implementing Decision (EU) 2022/179 is amended as follows:  
(1) Article 3 is replaced by the following:  
‘Article 3  
ʻBy 31 December 2022, Member States shall designate and make available the 5 150 -
5 250 MHz, 5 250 -5 350 MHz and 5 470 -5 725 MHz frequency bands, on a non -exclusive 
basis, for the implementation of WAS/RLANs in accordance with the technical conditions set 
out in the Annexʼ;  
(2) the Annex is replaced by the text in the Annex to this Decisio n. 
Article  2 
This Decision is addressed to the Member States.  
Done at Brussels,  
 For the Commission  
 Thierry Breton  
 Member of the Commission