EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Implementing Decision (EU) 2018/1538 on the harmonisation of radio 
spectrum for use by short -range devices within the 874 -876 and 915 -921 MHz frequency 
bands  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Implementing Decision (EU) 2018/1538 on the harmonisation of radio 
spectrum for use by short -range devices within the 874 -876 and 915 -921 MHz frequency 
bands  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Decision No  676/2002/EC of the European Parliament and of t he 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) Short -range devices are typically mass -market or portable products or both  which can 
easily be taken and used across borders. Differences in spectrum access conditions 
may prevent their free movement, increase their production costs and create risks of 
harmful interference with other radio applications and services due to unauth orised 
use. Decision 2006/771/EC harmonised the technical conditions for use of spectrum 
for a wide variety of short -range devices which, as a result, are subject to a very light 
regulatory regime and to no more than a general authorisation under national law. 
(2) Implementing Decision (EU) 2018/1538  harmonised the technical conditions for the 
use of the 874 -876 and 915 -921 MHz frequency bands by technically advanced radio 
frequency identification (‘RFID ’) solutions as well as ‘Internet of Things’ applications 
based on networked short -range devices in data networks. In th ose frequency bands, 
the sharing environment is different compared to that applicable under Decision 
2006/771/EC, therefore, a specific re gulatory regime is required.   
(3) While the 873 -874.4 MHz and 918 -919.4 MHz bands are not harmonised for  usage of 
the  global system for mobile communications for -railway  (‘GSM -R’) s by Union 
law or by a Decision  of the European Communications Committee (‘ECC’) , these 
frequency bands may be used for this purpose on a national basis subject to a national 
decision in line with the Radio Regulations of the International Telecommunication 
Union. Therefore, where harmo nised technical conditions would not be sufficient to 
protect the use of these bands for a national extension of  GSM for Railways  (‘E-GSM -
R’), concerned Member States are allowed to subject the use of short -range devices to 
additional requirements without impacting the harmonised technical conditions for 
access to spectrum for short -range devices within the bands. Such restrictions, where 
needed in a particular Member State, should notably ensure that coordination  between 
spectrum users takes place in order  to enable geographic sharing between E -GSM -R 
on the one hand and RFID devices and networked short -range devices on the other.  
                                                 
1 OJ L 108, 24.4.2002, p. 1.  EN 2  EN (4) The harmonised use for railway mobile radio of the paired frequency bands 874.4 -
880.0 MHz and 919.4 -925.0 MHz, which are adjacent  to sub -bands 874 -874,4  MHz 
and 917,4 -919,4 MHz harmonised for  short -range devices by this Decision, is subject 
to Commission Implementing Decision XXX  of XXX . The coexistence between short -
range devices in the 874 -874,4 MHz and 917,4 -919,4 MHz frequency bands and  
railwa y mobile r adio i n the adjacent frequency bands 874.4 -880.0 MHz and 919.4 -
925.0 MHz was assessed in  Report 74  of the European Conference of Postal and 
Telecommunic ations Administrations (‘CEPT’) . 
(5) In accordance with Article 1(4) of Decision No 676/2002/EC, Member States retain 
the right to organise and use their radio spectrum for public order and public security 
purposes and defence, and remain free, in th at context, to protect the existing and 
future use of the 874 -876 and 915 -921 MHz frequ ency bands and of adjacent bands 
for  military and other public security and public order purposes while pursuing the 
aim of making available the minimum harmonised core bands for networked short -
range devices in accordance with the technical conditions de fined in this Decision  and 
in compliance notably with the general principles of EU law . 
(6) In order to reflect technological and market developments in the area of short -range 
devices, a permanent mandate was issued in July 2006 to the CEPT’ pursuant to 
Artic le 4(2) of Decision No  676/2002/EC, to update the Annex to Decision 
2006/771/EC. The work carried out on the basis of the permanent mandate (seventh 
update cycle) was also the basis for Implementing Decision (EU) 2018/1538 which 
provided additional spectru m for short -range devices within the 874 -876 and 915 -921 
MHz frequency bands.  
(7) On 16 July 2019, the Commission issued its guidance letter for the eighth update cycle 
of Decision 2006/771/EC. In response to the permanent mandate and in accordance 
with that g uidance, the CEPT submitted to the Commission its Report 77  on 5 March 
2021 which contains several proposals for the amendment of Implementing Decision 
(EU) 2018/1538. Those include the amendment of definitions in relation to short -range 
devices , in order to avoid ambiguity and ensure consistency with Decision 
2006/771/EC. They also propose re -assessment of some technical parameters for 
categories  of short -range devices  covered by Implementing Decision (EU) 2018/1538. 
CEPT Report 77 constitutes the technica l basis for this Decision.  
(8) Short -range devices operating within the conditions set out in this Decision should 
also comply with Directive 2014/53/EU of the European Parliament and of the 
Council2. 
(9) Decision (EU) 2018/1538 should therefore be amended.  
(10) The me asures provided for in this Decision are in accordance with the opinion of 
the Radio Spectrum Committee,  
HAS ADOPTED THIS DECISION:  
Article 1  
(1) Decision (EU) 2018/1538 is amended as follows:  
(2) Article 2 is replaced by the following:  
                                                 
2 Directive 2014/53/EU of the European Parliament and of the Council of 16  April 2014 on the 
harmonisation of the laws of the Member States relating to the making available on the market of radio 
equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).  EN 3  EN (3) “Article 2  
For the purpose s of this Decision, the following definitions shall apply:   
(1) ‘short -range device’ means a radio device which provides either unidirectional 
or bidirectional communication and which receives and/or transmits over a 
short distance at low power;   
(2) ‘non-interf erence and non -protected basis’ means that no harmful interference 
may be caused to any radio communications service and that no claim may be 
made for protection of these devices against harmful interference originating 
from radio communications services;   
(3) ‘category of short -range devices’ means a group of short -range or networked 
short -range devices that use spectrum with similar technical spectrum access 
mechanisms or based on common usage scenarios; ”; 
(4) The Annex  is replaced by  the text in  the Annex to th is Decision.  
Article 2 
(5) This Decision is addressed  to the Member States.  
Done at Brussels,  
 For the Commission  
 Thierry Breton  
 Member of the Commission