EN 1   EN  
 COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels,  
…/2008/EC  
Draft 
COMMISSION DECISION 
of […] 
on the harmonised use of radio spectru m in the 5875 - 5905 MHz frequency band for 
safety related applications of In telligent Transport Systems (ITS)  
EN 2   EN Draft 
COMMISSION DECISION 
of […] 
on the harmonised use of radio spectru m in the 5875 - 5905 MHz frequency band for 
safety related applications of In telligent Transport Systems (ITS) 
(Text with EEA relevance) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
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) The Council2 and the European Parliament3 have stressed the importance of increasing 
road safety in Europe. Intelligent Transport Systems (ITS) are central  to an integrated 
approach in road safety4 by adding information and communication technologies 
(ICT) to transport infrastructure and vehicl es so as to avoid potentially dangerous 
traffic situations and reduce number of accidents. 
(2) Effective and coherent use of radio spectrum is essential for the development of new 
wireless equipment in the Community 5. 
(3) ITS include co-operative systems base d on vehicle-to-vehicle, vehicle–to-
infrastructure and infrastructure-to-vehicl e communications for the real time transfer 
of information. Those systems potentially offer major improvements in transport 
system efficiency, in safety for all road users and in mobility comfort. To fulfil those objectives, communications between  vehicles and road infrastructure must be reliable 
and fast. 
(4) Given the mobility of vehicles and the need to ensure the achievement of the internal 
market and the increase in road safety throughout Europe, spectrum used by ITS co-operative systems should be made avai lable in a harmonised way throughout the 
European Union. 
(5) Pursuant to Article 4(2) of Decision No 676/2002/EC, on 5 July  2006 the Commission 
has issued a mandate to the European C onference of Postal and Telecommunications 
Administrations (CEPT) to verify the spectrum requirements for safety-critical 
applications in the context of ITS and Cooperative system s and to undertake technical 
                                                
 
1 OJ L 108, 24.4.2002, p.1. 
2 Council Conclusions 15101/03 of 5 December 2003 and Verona 2 Conclusions of 26 October 2004. 
3  OJ C 244E of 18.10.2007, p. 220. 
4 COM(2006)314. 
5 Council conclusions 15530/04 and 15533/04 of 3.12.2004.  
EN 3   EN compatibility studies between safety-critical ITS applications and potentially affected 
radio services in th e frequency ranges under considera tion. CEPT was also requested 
to develop optimal channel plans for the bands identified for ITS. 
(6) The relevant results of the wo rk carried out by CEPT cons titute the technical basis for 
this Decision. 
(7) CEPT concluded in its report of 21 Decem ber 2007 (CEPT report 20) that the 5 GHz 
band, in particular the range 5875 - 5905 MHz,  was appropriate for safety-related ITS 
applications, which improve road safety by increasing the information to the driver and the vehicle on the environment, other vehi cles and other road users. Furthermore, 
ITS are compatible with all the services studied in that band, and with all other 
existing services studied below 5850 MHz and above 5925 MHz, as long as they 
comply with certain emission limits as defined in CEPT report. The selection of this band would also be in line with spectrum use in other regions of the world and thus 
foster global harmonisation. Moreover, ITS could not claim protection from fixed-
satellite service (FSS) earth stations a nd unwanted emissions from ITS equipment 
need to be limited in order to protect FSS. 
(8) Harmonised standard EN 302 571 is being fi nalised by European Telecommunications 
Standard Institute (ETSI) in line with the CE PT compatibility studies in order to give 
presumption of conformity to Article 3(2) of Directive 1999/5/EC of the European 
Parliament and the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity
6, thus ensuring that compliant ITS equipment avoids causing harmful 
interference. ITS transmitters are expected to maximise the use of the spectrum and 
control their transmitted power to the minimu m level to use the spectrum allocated to 
ITS effectively so as to avoid harmful interference.  
(9) For the above reason, the standard foresees that a transmitter power  control (TPC) is 
implemented with a range of at least 30 dB with regard to the maximum total transmit 
power of 33 dBm mean e.i.r.p. Were some  manufacturers to choose not to use the 
techniques identified in this  standard, any alternative me thods would be required to 
provide at least an equivalent level of interference mitigation as that provided by the standard. 
(10) Harmonisation under this Decision should not exclude the possibility for a Member 
State to apply, where justified, transi tional periods or radio spectrum-sharing 
arrangements. 
(11) It is expected that Member States will ma ke the spectrum available for vehicle-to-
vehicle ITS communications w ithin the six-months period during which they are to 
designate the frequency band 5875 - 5905 MHz according to this Decision. However, 
for infrastructure-to-vehicle and vehicle- to-infrastructure ITS communications, it may 
prove difficult for some Member States to  finalise an appropriate licensing framework 
or a coordination mechanism for roadside in frastructure installation of different ITS 
operators within this timeframe. Any delays in making the spectrum available beyond 
                                                
 
6  OJ L 91, 7.4.1999, p. 10. Directive as last amended by Regulation EC No 1882/2003 (OJ L 284, 
31.10.2003, p.1).  
EN 4   EN this period may impact negatively the wide take-up of safety-related ITS applications 
in the European Union and should ther efore be limited a nd duly justified. 
(12) Considering the market developments and evolution of technologies, the scope and 
application of this decision may need to be reviewed in the future, based in particular 
on information on such developments and evolution provided by the Member States. 
(13) 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 purpose of this Decision is to harmonise the conditions for the availability and efficient 
use of the frequency band 5875 - 5905 MHz for safe ty related applications of Intelligent 
Transport Systems (ITS) in the Community. 
Article 2 
For the purposes of this Decision, th e following definitions shall apply: 
 
(a) 'Intelligent Transport Systems' mean a range of systems and services, based on Information and Communications techno logies, including processing, control, 
positioning, communication and electronics, that  are applied to a road transportation 
system. 
 (b) 'mean equivalent isotropically radiated  power (e.i.r.p)' means e.i.r.p. during the 
transmission burst which corresponds to the highest power, if power control is 
implemented. 
 
Article 3 
1. Member States shall, not la ter than six months after entr y into force of this Decision, 
designate the frequency band 5875 - 5905 MHz for Intelligent Tran sport Systems and, as soon 
as reasonably practicable following such design ation, make that frequency band available on a 
non-exclusive basis.  Such designation shall be in compliance w ith the parameters set out in the Annex. 
 2. By way of derogation from paragraph 1, Me mber States may request transitional periods 
and/or radio spectrum-sharing ar rangements, pursuant to Article 4(5) of the Radio Spectrum 
Decision.  
Article 4 
Member States shall keep the use of the 5875-5905 MHz band under scru tiny and report their 
findings to the Commission to allow for a review of this Decision if necessary.  
EN 5   EN Article 5 
This Decision is addressed to the Member States. 
Done at Brussels, […] 
 For the Commission 
 […] 
 Member of the Commission 
  
EN 6   EN Annex   
Technical Parameters for Intelligent Transport Systems in the 5875 – 5905 MHz band 
 
Parameter Value 
Maximum spectral power density (mean 
e.i.r.p.) 23 dBm/MHz  
Maximum total transmit power (mean e.i.r.p.) 33 dBm 
Channel access and occupation rules  
 Techniques to mitigate interference that 
provide at least equivale nt performance to the 
techniques described in harmonised standards adopted under Directive 1999/5/EC must be used. These require a transmitter power control (TPC) range of at least 30 dB.