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            COMMISSION DECISION         

of 9 November 2006         

on harmonisation of the radio spectrum for use by short-range devices

(notified under document number C(2006) 5304)

(Text with EEA relevance)

(2006/771/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:

HAS ADOPTED THIS DECISION:

Article 1

The purpose of this Decision is to harmonise the frequency bands and the related technical parameters for the availability and efficient use of radio spectrum for short-range devices so that such devices may benefit from ‘Class 1’ classification under Commission Decision 2000/299/EC.

Article 2

For the purpose of this Decision:

Article 3

1.   Member States 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, subject to the specific conditions and by the implementation deadline, as laid down in the Annex to this Decision.

2.   Notwithstanding paragraph 1, Member States may request transitional periods and/or radio spectrum-sharing arrangements, pursuant to Article 4(5) of the Radio Spectrum Decision.

3.   This Decision is without prejudice to the right of Member States to allow the use of the frequency bands under less restrictive conditions than specified in the Annex to this Decision.

Article 4

Member States shall keep the use of the relevant bands under scrutiny and report their findings to the Commission to allow regular and timely review of the Decision.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 9 November 2006.

For the Commission

Viviane REDING            

Member of the Commission

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(1)OJ L 108, 24.4.2002, p. 1.

(2)OJ L 108, 24.4.2002, p. 21.

(3)OJ L 91, 7.4.1999, p. 10.

(4)OJ L 97, 19.4.2000, p. 13.

(5)  Mandate to CEPT to analyse further harmonisation of frequency bands in use for short-range devices.

(6)  Final report by the ECC in response to the EC mandate to the CEPT on short-range devices radio spectrum harmonisation.

(7)OJ L 241, 13.7.2004, p. 66.

(8)OJ L 21, 25.1.2005, p. 15.

(9)OJ L 187, 19.7.2005, p. 22.

(10)OJ L 344, 27.12.2005, p. 47.

(11)OJ L 159, 30.4.2004, p. 1, corrected by OJ L 184, 24.5.2004, p. 1.

(12)OJ L 199, 30.7.1999, p. 59.

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ANNEX

Harmonised frequency bands and technical parameters for short-range devices

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(1)  This category is available for any type of application which fulfils the technical conditions (typical uses are telemetry, telecommand, alarms, data in general and other similar applications).

(2)              ‘Duty cycle’ means the ratio of time during any one-hour period when equipment is actively transmitting.

(3)  Social alarm devices are used to assist elderly or disabled people living at home when they are in distress.

(4)  This category covers, for example, devices for car immobilisation, animal identification, alarm systems, cable detection, waste management, personal identification, wireless voice links, access control, proximity sensors, anti-theft systems including RF anti-theft induction systems, data transfer to handheld devices, automatic article identification, wireless control systems and automatic road tolling.

(5)  This category covers the radio part of active implantable medical devices, as defined in Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices and their peripherals.

(6)  Applications for wireless audio systems, including: cordless loudspeakers; cordless headphones; cordless headphones for portable use, for example 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, etc.; in-ear monitoring, for use with concerts or other stage productions.

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