EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
[…](2018) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
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  
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 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) and (4)  thereof,  
 
Whereas:  
(1) Short -range devices (SRDs) are typically mass -market and/or portable products 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 unauthorised 
use. Commission Decision 2006/771/EC2 harmonises the technical conditions for use 
of spectrum for a wide  variety of short -range devices . 
(2) Decision No  243/2012/EU of the European Parliament and of the Council3 requires 
Member States in cooperation with the Commission to foster , where appropriate,  the 
collective use of spectrum as well as shared use of spectrum in order to improve  
efficiency and flexibility , and to seek to ensure spectrum availability for the 'Internet 
of Things' ( IoT) including for radio -frequency identification (RFID) . The t echnical 
conditions for us ing the 863 -870 MHz frequency range for IoT including for RFID are 
covered by Decision 2006/771/EC , which se ts the general harmonised technical 
conditions for using  a wide variety of short -range devices which, as a result, are 
subject to no more than a general authorisation  under national law . However, the 
sharing environment in the 874 -876 MHz and 915 -921 MHz bands deviates from this 
approach to spectrum for short -range device s and therefore calls for a specific 
regulatory regime.  
(3) On the basis of the  permanent mandate issued in July 2006 to the European 
Conference of Postal and Telecommunications Administrations  (CEPT) under  Article 
4(2) of Decision No  676/2002/EC to update the Annex to Decision 2006/771/EC to 
technological and market developments in the area of short -range devices , the 
Commission specifically asked the CEPT  in July 2014 , in its guidance letter for the 
                                                 
1 OJ L 108, 24.4.2002, p. 1 .  
2 Commission Decision 2006/771/EC of 9 November 2006 on harmonisation of the radio spectrum for 
use by short -range devices ( OJ L 312, 11.11.2006, p. 66 ). 
3 Decision No  243/2012/EU of the European Parliament and of the Council of 14  March 2012 
establishing a multiannual radio spectrum policy programme  (OJ L 81, 21.3.2012, p. 7 ).  
EN 2  EN corresponding sixth update cycle (RSCOM 13 -78rev2) , to examine the possibility of 
introduc ing short -range devices in the 870 -876 MHz and 915 -921 MHz bands while 
allowing national administrations some flexibility and protecti ng existing use of 
spectrum for public order and public security purposes and defence  (such as unmanned 
aeronautical and ground vehicles, remote control and telemetry, tactical radio relays, 
tactical communication systems and data links) and railways.  
(4) In response, on 6 March 2017 the CEPT submitted an Addendum  (RSCOM17 -07) to 
its 17 July 2016 Report 59 , which provides conclusions regarding  the possibility of 
technically harmonis ed use of the 870 -876 MHz and 915 -921 MHz bands in order to  
enable the introduct ion of technically advanced RFID solutions as well as new short -
range devices enabling new types of machine -to-machine and IoT applications . The se 
machine -to-machine and  IoT applications are based on networked short -range devices  
under the control of netwo rk access points which , as fixed network access points in a 
data network, act as a connection point for the other short range devices in such a 
network to service platforms outside of that network by transferring data collected 
from terminal nodes under th eir control. These possibilities for harmoni sation also 
take into account new opportunities in the 863 -868 MHz band already harmonised for 
short -range device s. 
(5) RFID devices using spectrum in the lower 900 MHz range are available almost 
everywhere in the world . Ensuring their full availability also in the Union would create 
new global usage opportunities , which would benefit Union companies . In the same 
way, networked short -range device s, which enable a broad range of IoT applications 
including low -cost Io T, could benefit from this global harmonisation potential and 
could also make applications such as global asset tracking possible or help innovative 
Union smart home device developers to increase  their market reach.  These new 
devices therefore represent an  important , fast-growing sector with high innovation 
potential . The Union should benefit from the almost global availability  of such devices 
and corresponding applications and from the resulting important economies of scale 
and lower costs by ensuring the harmonisation of technical spectrum usage conditions 
within the 874-876 MHz and 915 -921 MHz bands in all Member States.  
(6) Harmonise d technical usage conditions establish a predictable sharing environment  by 
specifying within a frequency band for a given cate gory of short -range devices 
transmit power , field strength  or power density limit s, as well as some additional 
parameters and usage restrictions , based on underlying compatibility studies . Such 
conditions should be able to  prevent harmful interference , foster the reliable and 
efficient use of frequency bands and allow flexibility  for a variety of applications . As a 
result, they should  make it possible for most short -range devices  in most Member 
States to be operat ed on a non -exclusive and shared basis, subject to a general 
authorisation regime  under national law , similar to short -range devices harmoni sed 
under Decision 2006/7 71/EC. This is without prejudice to Article 5 of Directive 
2002/20/EC4 of the European Parliament and of the Council and Article 9( 3) and (4) 
of Directive 2002/21/EC5 of the European Parliament and of the Council, as well as in 
line with Article 7 of Directive 2014/53/EU of the European Parliament and of the 
                                                 
4 Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the 
authorization of electronic communications networks and services (Authorisation Directive)  (OJ L 108, 
24.4.2002, p. 21).  
5 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common 
regulatory framework for electronic communications networks and services (Framework Directive) (OJ 
L 108, 24.4.2002, p. 33).   
EN 3  EN Council6 regarding the possibility to  impose additional requirements for shar ed non -
exclusive use of these bands  for certain reasons , where harmonised technical 
conditions or general authorisation conditions are not sufficient to ensure appropriate 
quality of service . 
(7) While the 873 -876 and 918 -921 MHz bands  are not harmoni sed for GSM -R usage by 
Union  law or by a European Communications Committee (ECC)  decision, they may 
be used for this purpose on a national basis subject to national decision in line with 
Radio Regulations  of the International Telecommunication Union (ITU Ra dio 
Regulations) . Hence, where  harmonised technical conditions under general 
authorisation s would not be sufficient to protect such a  use of 873 -876 MHz and 918 -
921 MHz bands  for a national extension of  GSM for Railways ( E-GSM -R), concerned 
Member States s hould be able to subject the use of short range devices to individual 
non-exclusive authorisations or to specific installation or operation requirements, 
geographical restrictions or specific mitigation techniques without impacting the 
harmonised technical  conditions for access to spectrum for short -range device s within 
the bands. Such restrictions, where needed in a particular Member State, could in 
particular ensure that coordination takes place  in order to enable geographic sharing 
between E -GSM -R on the  one hand and RFID devices and networked short -range 
device s on the other hand.  
(8) Moreover, in accordance with Article 1 (4) of Decision  No 676/2002/EC , as Member 
States retain the right to organise and use their radio spectrum for public order and 
public sec urity purposes and defence, they should remain free to protect the existing 
and future use of these bands and of adjacent bands for military and other public 
security and public order purposes while pursuing the aim of making available the 
minimum harmoni sed core bands for networked short -range device s according to the 
technical conditions defined in this Decision.  
(9) In 2012, t he European railway community started the Future Rail Mobile 
Communications System (FRMCS) project to prepare for the  introduction of  a 
successor to GSM -R. Since this project was not advanced enough at the time of 
preparation of the Addendum  (RSCOM17 -07) to CEPT Report 59, the Addendum 
does not take account of such a future system. The 59th Radio Spectrum Committee 
meeting on 15 -16 Marc h 2017 acknowledged this and invited the Commission to work 
on a solution which takes account  of possible future FRMCS needs. To that purpose , 
on 19 June 2017,  the Commission organi sed a stakeholder workshop on 'Efficient use 
of spectrum in the bands 870 -876 and 915 -921 MHz by Internet of Things (IoT) and 
railways '. 
(10) During t he workshop , all stakeholders (rail, RFID and IoT communities) made a 
strong request to harmonis e the future use of the 870 -876 and 915 -921 MHz bands. 
Based on further input from them and additional input from CEPT  (RSCOM18 -14) 
following the workshop, and taking into account the opinion of the Radio Spectrum 
Committee the 874.4 -876 and 919.4 -921 MHz sub-bands should be reserved for 
potential  future railway use . Furthermore,  appropriate sp ectrum should be made 
available for RFID and IoT, in order to enable their main benefits and achieve a 
harmonised approach across the Union . For this reason, it is necessary to deviate from 
the Addendum to CEPT Report 59 . However, this deviation, w hile it adjusts location 
                                                 
6 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 and size of the frequency bands, remains within the limits of the technical conditions 
as proposed by CEPT.  
(11) The reservation of the 874.4 -876 and 919.4 -921 MHz bands for FRMCS is subject to 
further study and may require a review  of this Decision regarding these bands in the 
future .  
(12) Although this Decision allows greater flexibility in implementation compared to  
Decision 2006/771/EC and although protectin g existing use of the bands for public 
order and public security purposes and def ence and railways may lead to restrictions or 
even partial or total non-availability of spectrum in some Member States, it should 
prevent any further fragmentation in the bands and enable the use of IoT services, 
including RFID, in a harmonised minimum cor e band s across the Union . 
(13) In line with Article 5 and 10 of Decision 676/2002/EC  and as required by Commission 
Decision 2007/344/EC7 on harmonised availability of information regarding spectrum 
use within the Community, Member States should report on the im plementation of this 
Decision to the Commission ..  
(14) The measures provided for in this Decision are in accordance with the opinion of the 
Radio Spectrum Committee,  
HAS ADOPTED THIS DECISION:  
Article 1  
This Decision harmonise s the frequency bands and the rela ted technical conditions  for the 
availability and efficient use of spectrum for short -range devices within the 874 -876 MHz and 
915-921 MHz frequency bands . 
Article 2  
For the purpose s of this Decision , the following definitions shall apply : 
1. ‘short -range device s’ means radio transmitters which provide either unidirectional or 
bidirectional communication and which transmit over a short distance at low power ; 
2. ‘networked short -range device ’ means a short -range device in a data network, which  
potentially also covers wider areas; networked short -range devices are under the control of 
network access points ; 
3. ‘network access point’ means a fixed terrestrial networked short -range device in a data 
network that acts as a connection point for the other short -range devices in the data network to 
service platforms located outside of the data network ; 
4. ‘data network ’ means  several networked short -range devices  including the network access 
point  as network components and the wireless connections between them ; 
5. ‘non-interference 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 in 
the same band ; 
                                                 
7 Commission Decision 200 7/344/EC of 16 May 2007 on harmoni sed availability of information 
regarding spectrum use within the Community (OJ L 129, 17.5.2007, p. 67)   
EN 5  EN 6. ‘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 ; 
Article 3  
1. Member State s shall designate and make available,  on a non -exclusive, non -interference 
and non -protected basis the frequency bands for the types of short -range devices  and 
networked short -range devices,  subject to the harmonised technical  conditions and by the 
impleme ntation deadline s set out  in the Annex.  
2. Member States may take appropriate measures to protect existing use  in the 874 -876 MHz 
and 915 -921 MHz spectrum to the extent necessary and where no alternative protective 
solution may be found through coordination of the various types of uses in those bands. This 
may include the imposition of additional technical, geograp hic or operational requirements for 
the use of the band while complying with  the harmonised technical conditions for spectrum 
access set out in the Annex.  
3. Member States may allow the use of the frequency bands covered by the Annex under less 
restrictiv e conditions or for short -range devices which are not part of the harmonised 
category . This holds as long as it  does not prevent or reduce the possibility for short - range 
devices of the harmonised category to rely on the appropriate set of harmonised tech nical 
conditions allow ing the shared use of a specific part of the spectrum on a non -exclusive basis 
and for different purposes by short -range devices of the same category.  
4. Member States shall refrain from introducing new uses in the 874.4 -876 MHz and 9 19.4-
921 MHz sub-bands until such time as  harmonised conditions for the ir use are adopted under  
Decision No 676/2002/EC . 
Article 4  
Member States shall monitor  the use of the 874-876 MHz and 915 -921 MHz frequency bands , 
including the potential use of the 874.4 -876 MHz and 919.4 -921 MHz sub -bands for the 
future railway mobile communications system (FRMCS), and re port their findings to the 
Commission upon request or at their own initiative in order to allow regular and timely review 
of the Decisio n. 
 
Article 5 
This Decision is addressed to the Member States.  
 
Done at Brussels,  
 For the Commission  
 Mariya Gabriel  
 Member of the Commission