EN   EN  
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Decision 2006/771/EC as regards technological and market developments in 
the area of  radio spectrum use for short -range devices  
(Text with EEA relevance)  
 EN 2  EN COMMISSION IMPLEMENTING DECISION 
of XXX 
amending Decision 2006/771/EC as regards technological and market developments in 
the area of  radio spectrum use for short -range devices  
(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 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) Short -range devices are  typically mass -market or portable radio equipment , or both, 
that can easily be carried and used across borders. Differences in spectrum access 
conditions risks creating harmful interference with other radio applications and 
services, prevent their free movement , and  increase their production costs.  
(2) Commission Decision 2006/771/EC2 harmonises the technical conditions for 
spectrum use for a wide variety of short -range  devices in applications  areas such as 
alarms, local communications, telecommand , medical implants  and medical data 
gathering , intelligent transport systems and the ‘Internet  of Things’ including radio -
frequency identification ( ‘RFID ’). As a result, short -range devices that respect th ese 
harmonised technical conditions are subject to solely  a general authorisation under 
national law.  
(3) Commission Implementing Decision 2018/1538/EU3 additionally harmonises the 
technical conditions for spectrum use by short -range devices within the 874 -84.4 and 
915-919.4 MHz frequency bands. In these frequency bands, the sharing environment 
is different;  therefore,  a specific reg ulatory regime  is required . That Decision enables 
technically advanced RFID solutions as well as ‘Internet of Things’  applications 
based on networked short -range devices under the control of network access points.  
(4) Decision 2006/771/EC and Implementing Decision 2018/1538/ EU constitute  the 
regulatory  framework for short -range devices, which supports innovation for a wide 
range of applications  within  the digital s ingle m arket.  
(5) New applications for short -range devices emerge d ue to the growing importance of  
these devices  for the economy and to  the rapid changes in technology and societal 
demands. Such applications require regular updates of harmoni sed technical 
conditions for spectrum use. 
                                                 
1 OJ L 108, 24.4.2002, p. 1.  
2 OJ L 312, 11.11.2006, p. 66.  
3 OJ L 257, 15.10.2018, p.  57. EN 3  EN (6) Based on  the permanent mandate issued to the European Conference of Postal and 
Telecommunications Administrations ( ‘CEPT’ ) in July 2006, pursuant to Article 4(2) 
of Decision No 676/2002/EC , to update the Annex to Decision 2006/771/EC in order 
to reflect technologi cal and market developments in the area of short -range devices, 
that Annex has been amended six times. The work carried out on the basis of the  
permanent man date was also the basis for Commission Implementing Decision 
2018/1538/EU  providing additional spec trum for short -range devices  within the 874-
874.4 and 915- 919.4 MHz frequency ranges . 
(7) On 20 October 2017, the Commission issued its guidance letter for the seventh 
update cycle (RSCOM17 -24rev1). In response, CEPT submitted to the Commission 
its Report 70 on 08 March 2019. In addition to simplification of and improvements to 
existing entries, the CEPT proposes to add new entries to the Annex to Decision 
2006/771/EC. Those new entries make new medical and safety -related applications 
possible and harmonise spectrum for non- safety related applications of intelligent 
transport systems and for road traffic enforcement applications.  Therefore , that 
report should be the technical 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 
Council4. 
(9) Decision 2006/771/EC should therefore be amended. 
(10) The measures provided for in this Decision are in accordance with the opinion of the 
Radio Spe ctrum Committee,  
HAS ADOPTED THIS DECISION:  
Article 1  
Decision 2006/771/EC is amended as follows:  
 
(1) Article 2  is amended as follows : 
(a) point 1 is replaced by the following :  
“1. ‘short -range device’  means a radio device which provide s either unidirectional or 
bidirectional communication and which receives  and/or transmits  over a short 
distance at low power; ”; 
 
(b) point 2  is replaced by the following:  
“2. ‘non-interference and non- protected basis ’ means that no harmful interference 
may be caused to any radiocommunication service and that no claim may be made 
for protection of th ese devices against interference originating from 
radiocommunication services; ”. 
 
 
                                                 
4 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 4  EN (2) The Annex is replaced by the text in the Annex to this Decision. 
Article 2 
Member States shall report to the Commission on the implementation of this Decision by  5 
May 2020 at the latest . 
Article 3 
This Decision is addressed to the Member States.  
Done at Brussels,  
 For the Commission 
 Mariya Gabriel  
 Member of the Commission