EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2014) XXX  draft 
  
COMMISSION IMPLEMENTING DECISION 
of XXX  
amending implementing Decision 2007/131/EC on allowing the use of the radio spectrum 
for equipment using ultra-wideband technology in a harmonised manner in the 
Community 
 
 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING DECISION 
of XXX  
amending implementing Decision 2007/131/EC on  allowing the use of the radio spectrum 
for equipment using ultra-wideband technology in a harmonised manner in the 
Community 
  
(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 Ar ticle 4(3) thereof, 
Whereas: (1) Commission Decision 2007/131/EC
2 of 21 February 2007, modified by Commission 
Decision 2009/343/EC of 21 April 2009, harmon ises the technical conditions for radio 
equipment using ultra-wideband (hereinaft er "UWB") technology in the Union. It 
ensures that the radio spectrum is av ailable across the Un ion under harmonised 
conditions, eliminates barriers to the uptake of UWB technol ogy and creates an 
effective single market for UWB system s with significant economies of scale and 
benefits to the consumer. 
(2) Rapid changes in technology and in the use of the radio spectrum need to be 
adequately reflected in the regulation of  UWB technology, to allow European society 
to benefit from the introduc tion of innovative applications  based on this technology, 
while ensuring that other spectrum users are not adversely affected. The latest version of Decision 2007/131/EC therefore needs to be amended. 
(3) For this reason, on 28 May 2012 the Commissi on issued a Fifth Mandate, pursuant to 
Decision No 676/2002/EC, to the Eur opean Conference of Postal and 
Telecommunications Administrations (CEPT) on UWB technology, to clarify 
technical parameters in th e light of a potential update  to Commission Decision 
2007/131/EC. 
(4) In CEPT Report 45, approved on 21 June  2013 by the Electronic Communications 
Committee (ECC) and submitted in response to  the fifth mandate, CEPT advised the 
Commission to take a more streamlined approach on subsequent amendments of 
Decision 2007/131/EC, taking into  consideration st andardisation activities within the 
                                                
 
1 OJ L 108 24.4.2002, p. 1. 
2  Commission Decision 2007/131/EC of 21 February 2007 on allowing the use of the radio spectrum for 
equipment using ultra-wideband technology in a harmonised manner in the Community (OJ L 55, 
23.2.2007, p. 33).  
EN 3   EN European Telecommunications Standards In stitute (ETSI) and the development of 
harmonised European standards. 
(5) CEPT Report 45 clarified the technical c onditions under which specific mitigation 
techniques enable UWB equipment to be operated with higher transmission powers, 
while offering equivalent protection fo r existing UWB limits on generic use, 
Automotive and railway vehicl es use and location-tracking equipment. In addition to 
the recommendations from this report, whic h should be applied across the EU, the 
definitions and the technical parameters of  these mitigation techniques should also be 
made binding, as set out in the relevant sta ndards, as these tec hniques only provide a 
mitigation effect when used with appropriate operational parameters. 
(6) UWB equipment onboard aircraft should be permitted only on the condition that they 
fulfil air safety standards, with appropriate airworthiness certification and other relevant aeronautical provisions, a nd electronic communication standards. 
Airworthiness certificates vali d throughout the Community ar e issued by the European 
Aviation Safety Agency, pursuant to Commission Regulati on (EU) No 748/2012
3. 
(7) Material sensing devices have a number of uses in detect ing and characterising objects 
and materials or taking pict ures of pipes, wires and ot her intra-wall structures in 
residential or commercial buildings. CEPT  has advised the Commission that more 
relaxed limits on the use of material sensi ng devices are possible, as the way they are 
used, combined with their very low deploym ent densities and activity factors, further 
mitigate the possibility of harmful interf erence to radio-communication services. The 
revised limits are set out in ECC Deci sion ECC/DEC/(07)01 of 30 March 2007, as 
amended on 26 June 2009. 
(8) Pursuant to Directive 1999/ 5/EC of the European Parl iament and of the Council4, the 
Commission has given mandate M/407 to the European standardisation organisations 
to draw up a set of harmonised standards. These will cover UWB equipment to be 
recognised under this Directive, and there will  be a presumption of conformity with its 
requirements. In response to mandate M/407 from the Commission, ETSI has developed the harmonised standards: EN 302
 065-1 on common technical 
requirements for short-range devices using UWB, EN 302  065-2, on requirements for 
UWB location tracking and EN 302  065-3 on requirements for UWB devices for road 
and rail vehicles. 
(9) The Memorandum of Understanding betw een the ECC and ETSI, signed on 20 
October 2004, ensures coordination of the development of harmonised standards and 
the regulatory conditions for the use of the spectrum rele vant to such standards. 
Technical details of mitigation techniques are set through ETSI-harmonised European 
standards and ECC Decision (06)04, and thes e will remain aligned in any subsequent 
modifications, as set out in the ECC- ETSI Memorandum of Understanding. As a 
result, the Commission Decision should only list appropriate mitigation techniques. 
(10) Decision 2007/131/EC should therefore be amended accordingly. 
                                                 
3  Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the 
airworthiness and environmental certification of aircraft and related products, parts and appliances, as 
well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1). 
4  Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio 
equipment and telecommunications terminal equipmen t and the mutual recognition of their conformity 
(OJ L 91, 7.4.1999, p. 10).  
EN 4   EN (11) The measures provided for in this Decision are in accordance with the opinion of the 
Radio Spectrum Committee, 
HAS ADOPTED THIS DECISION: 
Article 1 
Decision 2007/131/EC is amended as follows: 
(1) in Article 2, point 11 is deleted; (2) in Article 2, the following  points 12, 13 and 14 are added: 
"12. ‘total radiated power spectral density ’ means the average of the mean e.i.r.p. 
density values measured over a sphere around the measurement scenario with a 
resolution of at least 15 de gree. The detailed measuring setup is contained within 
ETSI EN 302 435. 
13. ‘onboard aircraft’ means the use of radi o links for intra-aircraft communications 
purposes inside an aircraft. 
14. ‘LT1’ are systems intended for general location tracking of  people and objects 
that can be put into service on an unlicensed basis."; 
(3) Article 3, is replaced by the following: 
"Article 3 
The Member States shall allow the use of the radio spectrum on a non-interference 
and non-protected basis by equipment using ultra-wideband technology provided that 
such equipment meets the conditions set out in the Annex and it is used indoors or, if 
it is used outdoors, it is not attached to a fixed installation, a fixe d infrastructure or a 
fixed outdoor antenna. Equipment using ultra-wideband technology which meets the 
conditions set in the Annex shall also be allowed in auto motive and railway 
vehicles"; 
(4) the Annex is replaced by the te xt in the Annex to this Decision. 
Article 2 
This Decision shall take e ffect from 1 February 2015. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels, 
 For the Commission 
                                                                      Neelie Kroes Vice-President