COMMISSION IMPLEMENTING DECISION
of 11 December 2013
amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2005/928/EC
(notified under document C(2013) 8776)
(Text with EEA relevance)
(2013/752/EU)
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/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, medical implants and for 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 and create risks of harmful interference with other radio applications and services.
(2)
Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (3) (RSPP) requires Member States, in cooperation with the Commission, and where appropriate, to foster the collective use of spectrum as well as shared use of spectrum in order to enhance efficiency and flexibility.
(3)
Due to the growing importance of short-range devices for the economy and the rapid changes in technology and societal demands, new applications for short-range devices can emerge. These require regular updates of spectrum harmonisation conditions.
(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.
(5)
Commission Decisions 2008/432/EC (4), 2009/381/EC (5), 2010/368/EU (6) and Commission Implementing Decision 2011/829/EU (7) already amended the harmonised technical conditions for short-range devices contained in Decision 2006/771/EC by replacing its Annex.
(6)
In its March 2013 report (8) 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 mandate show that short-range devices operating on a non-exclusive and shared basis need, on the one hand, legal certainty regarding the possibility to use spectrum on a shared basis, which can be achieved through predictable technical shared usage conditions of harmonised bands which ensure reliable and efficient use of harmonised bands. These short-range devices also need, on the other hand, sufficient flexibility to allow for a large variety of applications in order to maximise the benefits of wireless innovation in the Union. It is therefore necessary to harmonise defined technical usage conditions to prevent harmful interference and to ensure for as much flexibility as possible while fostering reliable and efficient use of frequency bands by short-range devices.
(8)
The suppression of the notion of ‘type’ of short-range devices and the harmonisation of short-range devices categories achieves such purpose. Two kinds of categories would each establish predictable sharing environments for a whole group of short-range devices. The short-range devices in these categories are grouped either on the basis of similar technical spectrum access mechanisms or based on common usage scenarios that determine the expected deployment density.
(9)
The scope of the categories as defined in the technical annex provides users with predictability in regard to other short-range devices that are allowed to use the same frequency band on a non-exclusive and shared basis. Pursuant to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (9) (the R&TTE Directive) within such categories manufacturers should ensure that short-range devices effectively avoid harmful interference to other short-range devices.
(10)
In the specific frequency bands covered by this Decision, the combination of the harmonised short-range devices category and the technical usage conditions (frequency band, transmit power limit/field strength limit/power density limit, additional parameters and other usage restrictions) establishes a harmonised sharing environment in such a way as to allow short-range devices to share the use of spectrum with each other on a non-exclusive basis, regardless of the purpose of such use.
(11)
In order to safeguard the legal certainty and 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 would only be allowed to the extent that the relevant sharing environment is not compromised.
(12)
On 6 July 2011, the Commission issued a further mandate to the CEPT, pursuant to Article 4(2) of Decision No 676/2002/EC, to undertake the necessary technical studies in support of a possible review of Commission Decision 2005/928/EC of 20 December 2005 on the harmonisation of the 169,4-169,8125 MHz frequency band in the Community (10), to ensure the efficient use of the harmonised frequency range in accordance with Article 5 of that Decision.
(13)
In its June 2012 report (11) submitted in response to the above mentioned second mandate, the CEPT advised the Commission to incorporate existing and additional harmonisation measures for low power/short-range devices in the 169 MHz band in the forthcoming amendment of the Annex to Decision 2006/771/EC to provide better visibility and transparency of the harmonised frequency range (169,4-169,8125 MHz).
(14)
Based on results of the CEPT’s work it is possible to streamline the regulatory conditions for short-range devices. The harmonisation of spectrum access conditions would achieve the objective set by the RSPP to foster the collective use of spectrum in the internal market for categories of short-range devices.
(15)
The Annex to Decision 2006/771/EC should therefore be amended and Decision 2005/928/EC should be repealed accordingly.
(16)
Equipment operating within the conditions set in this Decision should also comply with the R&TTE Directive in order to use the spectrum effectively so as to avoid harmful interference, demonstrated either by meeting harmonised standards or by fulfilling alternative conformity assessment procedures.
(17)
The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
HAS ADOPTED THIS DECISION:
Article 1
In Article 2 of Decision 2006/771/EC, the following point is added:
‘3.
“category of short-range devices” means a group of short-range devices that use spectrum with similar technical spectrum access mechanisms or based on common usage scenarios’
Article 2
Article 3 of Decision 2006/771/EC is replaced by the following.
‘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 categories 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 the benefit of 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 or for short-range devices which are not part of the harmonised category provided that this does not prevent or reduce the possibility for short-range devices of such a category to rely on the appropriate set of harmonised technical and operational conditions, as specified in the Annex to this Decision, which allow 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.’
Article 3
The Annex to Decision 2006/771/EC is replaced by the text in the Annex to this Decision.
Article 4
Decision 2005/928/EC is repealed.
Article 5
Member States shall report to the Commission on the implementation of this Decision no later than 1 September 2014.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 11 December 2013.