EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2017) XXX  draft  
  
COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by 
short -range devices and repealing Decision 2006/804/EC  
(Text with EEA relevance)   EN 2   EN COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by 
short -range devices and repealing Decision 2006/804/EC  
(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) Commission Decision 2006/771/EC2 harmonises the technical conditions for use of 
spectrum for a wide variety of short -range devices, including applications such as 
alarms, local communications equipment, door openers, medical implants and 
intelligent transport systems. Short -range devices are typically mass -market and/or 
portable products which can easily be taken and used across borders; differences in 
spectrum access conditions therefore prevent their free movement, increase their 
production costs an d create risks of harmful interference with other radio applications 
and services. A regulatory framework for short -range devices supports innovation for 
a wide range of applications.  
(2) Decision No  243/2012/EU of the European Parliament and of the Counci l3 requires 
Member States, in cooperation with the Commission, where appropriate, to foster the 
collective use of spectrum as well as shared use of spectrum in order to enhance 
efficiency and flexibility , and to seek to ensure spectrum availabil ity for radio -
frequency identification  (RFID ) and the 'Internet of Things' ( IoT). 
(3) Due to the growing importance of short -range devices for the economy , and in view of  
rapid changes in technology and societal demands, new applications for short -range 
devices may emerge. Such applications will  require regular updates of  harmonized 
technical conditions for  spectrum use. 
(4) On 5  July 2006, the Commission issued a permanent mandate to the European 
Conference of Postal and Telecommunications Administrations (CEPT), pursuant to 
Article 4(2) of Decision No  676/2002/EC, to update the Annex to Decision 
2006/771/EC in response to technological and market developments in the area of 
short -range devices.  
                                                 
1 OJ L 108, 24.4.2002, p. 1.  
2 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 3   EN (5) Commission Decisions 2008/432/EC4, 2009/381/EC5 and 2010/368/EU6 and 
Commission Implementing Decisions 2011/829/EU7 and 2013/752/EC8 already 
amended the harmonised technical conditions for short -range devices  laid down  in 
Decision 2006/771/EC by replacing its Annex.  
(6) In its July 2016 report9, submitted in response to  the above -mentioned mandate, the 
CEPT informed the Commission of the results of the requested examination of the 
‘type of short -range device’ and the ‘other usage restrictions’ categories in the Annex 
to Decision 2006/771/EC and advised the Commission to amend a number of technical 
aspects in that Annex.  
(7) The results of the CEPT analysis show that short -range devices operating on a non -
exclusive and shared basis need, on the one hand, legal certainty regarding the 
possibility of using spectrum on a shar ed basis, which can be achieved through 
predictable technical conditions  for the shared  use of harmonised bands which ensure 
reliable and efficient use of those  bands. These short -range devices also need, on the 
other hand, sufficient flexibility to allow for a wide  variety of applications , in order to 
maximise the benefits of wireless innovation in the Union. It is therefore necessary to 
harmonise defined technic al usage conditions to prevent harmful interference and to 
ensure as much flexibility as possible , while fostering reliable and efficient use of 
frequency bands by short -range devices.  
(8) The scope of the categories as defined in the Annex should give users predictability as 
regard s other short -range devices that are allowed to use the same frequency band on a 
non-exclusive and shared basis . Consequently manufacturers should ensure that short -
range devices effectively avoid harmful interference with other short -range devices.  
Equipment operating within the conditions set out in this Decision should also comply 
with Directive 2014/53/EU  of the European Parliament and of the Council10. 
(9) In the specific frequency bands covered by this Decision, the combinati on of the  
categorisation of  short -range devices and the identification of the technical usage 
conditions (frequency band, transmit power limit/field strength limit/power density 
limit, additional parameters and other usage restrictions)  applicable to such categories  
establishes a predictable harmonised sharing environment allow ing short -range 
devices to share the use of spectrum with each other on a non -exclusive basis, 
regardless of the purpose of such use.  
(10) In order to safeguard the legal certainty an d the predictability of such harmonised 
sharing environments, the use of harmonised bands either by short -range devices 
which are not part of a harmonised category or under less restrictive technical 
parameters should  only be allowed to the extent that the  relevant sharing environment 
is not compromised.  
(11) On 2  July 2014, in the  document  ‘Timeframe and guidance to CEPT  for the sixth  
update of the SRD Decision’  (RSCOM  13-78rev2), the Commission called on the 
                                                 
4 OJ L 151, 11.6.2008, p. 49.  
5 OJ L 119, 14.5.2009, p. 32.  
6 OJ L 166, 1.7.2010, p. 33.  
7 OJ L 329, 13.12.2011, p. 10.  
8 OJ L 334, 13.12.2013, p. 17.  
9 CEPT Report 59, RSCOM 16 -24. 
10 Directive 2014/53/EU of the Europe an 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 CEPT to consider merging other existing Decisions pertaining to short -range devices 
into Decision 2006/771/EC. In its July 2016 report11, the CEPT  revised the technical 
parameters for RFID  devices  and recommended that the Commission  repeal Decision 
2006/804/EC  and include the revised parameters f or RFID within this Decision . 
(12) In an addendum to its July 2016 report12, submitted in March 2017 in response to the 
above -mentioned mandate, the CEPT  informed the Commission of further possibilities 
for a n approach to  technical harmonisation of radio sp ectrum for use by short -range 
device s in the 870 -876 MHz and 915 -921 MHz  bands  also taking into account new 
opportunities in the 863 -868 MHz band already harmoni sed for short -range device s. 
These possibilities apply  mainly to new types of machine -to-machin e (M2M ) /IoT 
applications in short -range device  networks which can benefit from economies of scale  
as a result of  harmoni sation at Union level.  
(13)  The results of CEPT ’s work on the Addendum show that the new opportunities in the 
862-868 MHz band are fully in line with the harmonised sharing environments 
established by Decision 2006/771/EC and its updates and should therefore be in cluded  
in its Annex. The 870 -876 MHz and 915 -921 MHz bands should not be included in the 
Annex to that Decision , owing  to the need for greater flexibility in implementation.  
(14) On the basis of  the overall results of the CEPT’s work , the regulatory conditions for 
short -range devices  can be streamlined , e.g. , by merging two Decisions pertaining to 
short -range device s and by improving technical conditions . The updating of 
harmonis ed spectrum access conditions for short -range device s should  help to achieve 
the objective set by Decision No 243/2012/EU  to foster the collective use of spectrum 
in the internal market by given  categor ies of short -range devices.  
(15) The Annex to Decision 2006/771/EC should therefore be amended , and Decision 
2006/804/EC should be repealed accordingly.  
(16) The measures provided for in this Decision are in accordance with the opinion of the 
Radio Spectrum Committee,  
HAS ADOPTED THIS DECISION:  
Article 1  
The Annex to Decision 2006/771/EC is replaced by the text in the Annex to this Decision.  
Article 2  
Decision 2006/804/EC is repealed with effect from  1 January 2018.  
Article 3  
Member States shall repo rt to the Commission on the implementation of this Decision by 
2 May 2018  at the latest . 
                                                 
11 CEPT Report 59, RSCO M 16 -24. 
12 Addendum to CEPT Report 59, RSCOM  17-07. EN 5   EN Article 4  
This Decision is addressed to the Member States.  
Done at Brussels,  
 For the Commission  
 Andrus Ansip  
 Vice-President