COMMISSION DECISION  
of 13 May 2009  
amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range 
devices  
(notified under document number C(2009) 3710)  
(Text with EEA relevance)  
(2009/381/EC)  
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  
Having regard to the Treaty establishing 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 
Article 4(3) thereof,  
Whereas:  
(1) Commission Decision 2006/771/EC (  2 ) 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 and medical implants. 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 and create 
risks of harmful interference with other radio appli ­
cations and services.  
(2) Commission Decision 2008/432/EC (  3 ) amended the 
harmonised technical conditions for short-range devices 
contained in Decision 2006/771/EC by replacing its 
Annex.  
(3) However, due to rapid changes in technology and 
societal demands, new applications for short-range 
devices can emerge which require regular updates of 
spectrum harmonisation conditions.  
(4) On 5 July 2006, the Commission issued a permanent 
mandate (  4 ) 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 the 
technological and market developments in the area of 
short-range devices.  (5) In its November 2008 report (  5 ) submitted in response to 
that mandate, the CEPT advised the Commission to 
amend a number of technical aspects in the Annex to 
Decision 2006/771/EC.  
(6) Decision 2006/771/EC should therefore be amended 
accordingly.  
(7) Equipment operating within the conditions set in this 
Decision must also comply with Directive 1999/5/EC 
of the European Parliament and of the Council of 
9 March 1999 on radio equipment and telecommuni ­
cations terminal equipment and the mutual recognition 
of their conformity (  6 ) in order to use the spectrum effec ­
tively so as to avoid harmful interference, demonstrated 
either by meeting harmonised standards or by fulfilling 
alternative conformity assessment procedures.  
(8) 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 Annex 
to this Decision.  
Article 2  
This Decision is addressed to the Member States.  
Done at Brussels, 13 May 2009.  
For the Commission  
Viviane REDING  
Member of the CommissionEN L 119/32 Official Journal of the European Union 14.5.2009  
( 1 ) OJ L 108, 24.4.2002, p. 1.  
( 2 ) OJ L 312, 11.11.2006, p. 66.  
( 3 ) OJ L 151, 11.6.2008, p. 49.  
( 4 ) Permanent Mandate to CEPT regarding the annual update of the 
technical Annex to the Commission Decision on the technical 
harmonisation of radio spectrum for use by Short Range Devices 
(5 July 2006).  ( 5 ) CEPT Report 26, RSCOM 08-88.  
( 6 ) OJ L 91, 7.4.1999, p. 10.ANNEX  
‘ANNEX  
Harmonised frequency bands and technical parameters for short-range devices  
Type of short-range 
device  Frequency band  Power limit/field strength 
limit/power density 
limit (  1 ) Additional parameters/spectrum 
access and mitigation 
requirements (  2 ) Other usage restrictions (  3 ) Implementation 
deadline  
Non-specific 
short-range 
devices (  4 ) 6 765–6 795 kHz  42 dB μA/m at 10 
metres  1 October 2008  
13,553–13,567 MHz  42 dB μA/m at 10 
metres  1 October 2008  
26,957–27,283 MHz  10 mW effective 
radiated power 
(e.r.p.), which corre ­
sponds to 42 dB μA/ 
m at 10 metres  Video applications are 
excluded  1 June 2007  
40,660–40,700 MHz  10 mW e.r.p.  Video applications are 
excluded  1 June 2007  
433,050–434,040 (  5 ) MHz  1 mW e.r.p. 
and – 13dBm/10 
kHz power density 
for bandwidth 
modulation larger 
than 250 kHz  Audio and voice 
signals, and video 
applications, are 
excluded  1 October 2008  
10 mW e.r.p.  Duty cycle (  6 ): 10 %  Audio and voice 
signals, and video 
applications, are 
excluded  1 June 2007  
434,040–434,790 (  5 ) MHz  1 mW e.r.p. 
and – 13dBm/10 
kHz power density 
for bandwidth 
modulation larger 
than 250 kHz  Audio and voice 
signals, and video 
applications, are 
excluded  1 October 2008  
10 mW e.r.p.  Duty cycle (  6 ): 10 %  Audio and voice 
signals, and video 
applications, are 
excluded  1 June 2007  
Duty cycle (  6 ): 100 % 
subject to channel spacing 
up to 25 kHz  Audio and voice 
signals, and video 
applications, are 
excluded  1 October 2008  
863,000–868,000 MHz  25 mW e.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used. Alternatively a 
duty cycle (  6 ) of 0,1 % 
may also be used  Audio and voice 
signals, and video 
applications, are 
excluded  1 October 2008EN 14.5.2009 Official Journal of the European Union L 119/33Type of short-range 
device  Frequency band  Power limit/field strength 
limit/power density 
limit (  1 ) Additional parameters/spectrum 
access and mitigation 
requirements (  2 ) Other usage restrictions (  3 ) Implementation 
deadline  
Non-specific 
short-range 
devices (  4 ) 
(continued ) 868,000–868,600 (  5 ) MHz  25 mW e.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used. Alternatively a 
duty cycle (  6 ) of 1 % may 
also be used  Video applications are 
excluded  1 October 2008  
25 mW e.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used. Alternatively a 
duty cycle (  6 ) of 0,1 % 
may also be used  Audio and voice 
signals, and video 
applications, are 
excluded  1 October 2008  
868,700–869,200 (  5 ) MHz  25 mW e.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used. Alternatively a 
duty cycle (  6 ) of 0,1 % 
may also be used  Video applications are 
excluded  1 October 2008  
25 mW e.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used. Alternatively a 
duty cycle (  6 ) of 0,1 % 
may also be used  Audio and voice 
signals, and video 
applications, are 
excluded  1 October 2008EN L 119/34 Official Journal of the European Union 14.5.2009Type of short-range 
device  Frequency band  Power limit/field strength 
limit/power density 
limit (  1 ) Additional parameters/spectrum 
access and mitigation 
requirements (  2 ) Other usage restrictions (  3 ) Implementation 
deadline  
Non-specific 
short-range 
devices (  4 ) 
(continued ) 869,400–869,650 (  5 ) MHz  500 mW e.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used. Alternatively a 
duty cycle (  6 ) of 10 % may 
also be used 
Channel spacing must be 
25 kHz, except that the 
whole band may also be 
used as a single channel 
for high-speed data trans ­
mission  Video applications are 
excluded  1 October 2008  
25 mW e.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used. Alternatively a 
duty cycle (  6 ) of 0,1 % 
may also be used  Audio and voice 
signals, and video 
applications, are 
excluded  1 October 2008  
869,700–870,000 (  5 ) MHz  5 mW e.r.p.  Voice applications allowed 
with advanced mitigation 
techniques  Audio and video appli ­
cations are excluded  1 June 2007  
25 mW e.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used. Alternatively a 
duty cycle (  6 ) of 0,1 % 
may also be used  Audio and voice 
signals, and video 
applications, are 
excluded  1 October 2008  
2 400–2 483,5 MHz  10 mW equivalent 
isotropic radiated 
power (e.i.r.p.)  1 June 2007  
5 725–5 875 MHz  25 mW e.i.r.p.  1 June 2007  
24,150–24,250 GHz  100 mW e.i.r.p.  1 October 2008  
61,0–61,5 GHz  100 mW e.i.r.p.  1 October 2008EN 14.5.2009 Official Journal of the European Union L 119/35Type of short-range 
device  Frequency band  Power limit/field strength 
limit/power density 
limit (  1 ) Additional parameters/spectrum 
access and mitigation 
requirements (  2 ) Other usage restrictions (  3 ) Implementation 
deadline  
Wideband data 
transmission 
systems  2 400–2 483,5 MHz  100 mW e.i.r.p. 
and 100 mW/100 
kHz e.i.r.p. density 
applies when 
frequency hopping 
modulation is used, 
10 mW/MHz e.i.r.p. 
density applies when 
other types of 
modulation are used  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used  1 November 2009  
57,0–66,0 (  5 ) GHz  40 dBm e.i.r.p. 
and 13 dBm/MHz 
e.i.r.p. density  Outdoor applications 
are excluded  1 November 2009  
25 dBm e.i.r.p. 
and – 2 dBm/MHz 
e.i.r.p. density  Fixed outdoor instal ­
lations are excluded  1 November 2009  
Alarm systems  868,600–868,700 MHz  10 mW e.r.p.  Channel spacing: 25 kHz 
The whole frequency band 
may also be used as a 
single channel for high- 
speed data transmission 
Duty cycle (  6 ): 1,0 %  1 October 2008  
869,250–869,300 MHz  10 mW e.r.p.  Channel spacing: 25 kHz 
Duty cycle (  6 ): 0,1 %  1 June 2007  
869,300–869,400 MHz  10 mW e.r.p.  Channel spacing: 25 kHz 
Duty cycle (  6 ): 1,0 %  1 October 2008  
869,650–869,700 MHz  25 mW e.r.p.  Channel spacing: 25 kHz 
Duty cycle (  6 ): 10 %  1 June 2007  
Social alarms (  7 ) 869,200–869,250 MHz  10 mW e.r.p.  Channel spacing: 25 kHz 
Duty cycle (  6 ): 0,1 %  1 June 2007  
Inductive 
applications (  8 ) 20,050–59,750 kHz  72 dB μA/m at 
10 metres  1 June 2007  
59,750–60,250 kHz  42 dB μA/m at 
10 metres  1 June 2007  
60,250–70,000 kHz  69 dB μA/m at 
10 metres  1 June 2007  
70–119 kHz  42 dB μA/m at 
10 metres  1 June 2007  
119–127 kHz  66 dB μA/m at 
10 metres  1 June 2007EN L 119/36 Official Journal of the European Union 14.5.2009Type of short-range 
device  Frequency band  Power limit/field strength 
limit/power density 
limit (  1 ) Additional parameters/spectrum 
access and mitigation 
requirements (  2 ) Other usage restrictions (  3 ) Implementation 
deadline  
Inductive appli ­
cations (  8 ) 
(continued ) 127–140 kHz  42 dB μA/m at 
10 metres  1 October 2008  
140–148,5 kHz  37,7 dB μA/m at 
10 metres  1 October 2008  
148,5–5 000 kHz 
In the specific bands 
mentioned below, higher 
field strengths and ad ­
ditional usage restrictions 
apply:  – 15 dB μA/m at 
10 metres in any 
bandwidth of 
10 kHz 
Furthermore the 
total field strength is 
– 5 d ΒμΑ /m at 10 m 
for systems 
operating at band ­
widths larger than 
10 kHz  1 October 2008  
400–600 kHz  – 8 dB μA/m at 
10 metres  This set of usage 
conditions applies to 
RFID (  9 ) only  1 October 2008  
3 155–3 400 kHz  13,5 dB μA/m at 
10 metres  1 October 2008  
5 000–30 000 kHz 
In the specific bands 
mentioned below, higher 
field strengths and ad ­
ditional usage restrictions 
apply:  – 20 dB μA/m at 
10 metres in any 
bandwidth of 
10 kHz 
Furthermore the 
total field strength is 
– 5 d ΒμΑ /m at 10 m 
for systems 
operating at band ­
widths larger than 
10 kHz  1 October 2008  
6 765–6 795 kHz  42 dB μA/m at 
10 metres  1 June 2007  
7 400–8 800 kHz  9 dB μA/m at 
10 metres  1 October 2008  
10 200–11 000 kHz  9 dB μA/m at 
10 metres  1 October 2008  
13 553–13 567 kHz  42 dB μA/m at 
10 metres  1 June 2007  
60 dB μA/m at 
10 metres  This set of usage 
conditions applies to 
RFID (  9 ) and EAS (  10 ) 
only  1 October 2008  
26 957–27 283 kHz  42 dB μA/m at 
10 metres  1 October 2008EN 14.5.2009 Official Journal of the European Union L 119/37Type of short-range 
device  Frequency band  Power limit/field strength 
limit/power density 
limit (  1 ) Additional parameters/spectrum 
access and mitigation 
requirements (  2 ) Other usage restrictions (  3 ) Implementation 
deadline  
Active medical 
implants (  11 ) 9–315 kHz  30 dB μA/m at 10 m  Duty cycle (  6 ): 10 %  1 October 2008  
402–405 MHz  25 μW e.r.p.  Channel spacing: 25 kHz 
Individual transmitters may 
combine adjacent channels 
for increased bandwidth 
up to 300 kHz. 
Other techniques to access 
spectrum or mitigate inter ­
ference, including band ­
widths greater than 
300 kHz, can be used 
provided they result at 
least in an equivalent 
performance to the tech ­
niques described in 
harmonised standards 
adopted under Directive 
1999/5/EC to ensure 
compatible operation with 
the other users and in 
particular with meteoro ­
logical radiosondes.  1 November 2009  
Wireless audio 
applications (  12 ) 87,5–108,0 MHz  50 nW e.r.p.  Channel spacing up to 
200 kHz  1 October 2008  
863–865 MHz  10 mW e.r.p.  1 June 2007  
Radio 
determination 
applications (  13 ) 2 400–2 483,5 MHz  25 mW e.i.r.p.  1 November 2009  
17,1–17,3 GHz  26 dBm e.i.r.p.  Techniques to access 
spectrum and mitigate 
interference that provide at 
least equivalent perform- 
ance to the techniques 
described in harmonised 
standards adopted under 
Directive 1999/5/EC must 
be used.  This set of usage 
conditions applies to 
ground based systems 
only  1 November 2009  
Tank Level Probing 
Radar (  14 ) 4,5–7,0 GHz  24 dBm e.i.r.p. (  15 ) 1 November 2009  
8,5–10,6 GHz  30 dBm e.i.r.p. (  15 ) 1 November 2009  
24,05–27,0 GHz  43 dBm e.i.r.p. (  15 ) 1 November 2009  
57,0–64,0 GHz  43 dBm e.i.r.p. (  15 ) 1 November 2009  
75,0–85,0 GHz  43 dBm e.i.r.p. (  15 ) 1 November 2009EN L 119/38 Official Journal of the European Union 14.5.2009Type of short-range 
device  Frequency band  Power limit/field strength 
limit/power density 
limit (  1 ) Additional parameters/spectrum 
access and mitigation 
requirements (  2 ) Other usage restrictions (  3 ) Implementation 
deadline  
Model Control (  16 ) 26 990–27 000 kHz  100 mW e.r.p.  1 November 2009  
27 040–27 050 kHz  100 mW e.r.p.  1 November 2009  
27 090–27 100 kHz  100 mW e.r.p.  1 November 2009  
27 140–27 150 kHz  100 mW e.r.p.  1 November 2009  
27 190–27 200 kHz  100 mW e.r.p.  1 November 2009  
Radio Frequency 
Identification 
(RFID)  2 446–2 454 MHz  100 mW e.i.r.p.  1 November 2009  
( 1 ) Member States must allow the usage of spectrum up to the power, field strength or power density given in this table. In confo rmity with Article 3(3) of Decision 
2006/771/EC, they may impose less restrictive conditions, i.e. allow the use of spectrum with higher power, field strength or p ower density. 
( 2 ) Member States may only impose these “additional parameters/spectrum access and mitigation requirements”, and may not add othe r parameters or spectrum access and 
mitigation requirements. Less restrictive conditions within the meaning of Article 3(3) of Decision 2006/771/EC mean that Membe r States may completely omit the 
parameters/spectrum access and mitigation requirements in a given cell or allow higher values. 
( 3 ) Member States may only impose these “other usage restrictions”, and may not add additional usage restrictions. As less restri ctive conditions may be introduced within 
the meaning of Article 3(3) of Decision 2006/771/EC, Member States may omit one or all of these restrictions. 
( 4 ) This category is available for any type of application which fulfils the technical conditions (typical uses are telemetry, te lecommand, alarms, data in general and other 
similar applications). 
( 5 ) For this frequency band Member States must make all the alternative sets of usage conditions possible. 
( 6 ) “Duty cycle” means the ratio of time during any one-hour period when equipment is actively transmitting. Less restrictive con ditions within the meaning of Article 3(3) 
of Decision 2006/771/EC mean that Member States may allow a higher value for “Duty cycle”. 
( 7 ) Social alarm devices are used to assist elderly or disabled people when they are in distress. 
( 8 ) This category covers, for example, devices for car immobilisation, animal identification, alarm systems, cable detection, was te management, personal identification, 
wireless voice links, access control, proximity sensors, anti-theft systems, including RF anti-theft induction systems, data tr ansfer to handheld devices, automatic article 
identification, wireless control systems and automatic road tolling. 
( 9 ) This category covers inductive applications used for Radio Frequency Identification (RFID). 
( 10 ) This category covers inductive applications used for Electronic Article Surveillance (EAS). 
( 11 ) This category covers the radio part of active implantable medical devices, as defined in Council Directive 90/385/EEC of 20 J une 1990 on the approximation of the laws 
of the Member States relating to active implantable medical devices (OJ L 189, 20.7.1990, p. 17). 
( 12 ) Applications for wireless audio systems, including: cordless loudspeakers; cordless headphones; cordless headphones for porta ble use, e.g. portable CD, cassette or radio 
devices carried on a person; cordless headphones for use in a vehicle, for example for use with a radio or mobile telephone, et c.; in-ear monitoring, for use at concerts or 
other stage productions. 
( 13 ) This category covers applications used for determining the position, velocity and/or other characteristics of an object, or f or obtaining information relating to these 
parameters. 
( 14 ) Tank Level Probing Radars (TLPR) are a specific type of radiodetermination application, which are used for tank level measure ments and are installed in metallic or 
reinforced concrete tanks, or similar structures made of material with comparable attenuation characteristics. The purpose of t he tank is to contain a substance. 
( 15 ) The power limit applies inside a closed tank and corresponds with a spectral density of – 41,3 dBm/MHz e.i.r.p. outside a 500  litre test tank. 
( 16 ) This category covers applications used to control the movement of models (principally miniature representations of vehicles) in the air, on land or over or under the 
water surface.’EN 14.5.2009 Official Journal of the European Union L 119/39