2004/545/EC: Commission Decision of 8 July 2004 on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community (notified under document number C(2004) 2591)(Text with EEA relevance)
Date: 2004-07-08
Institutions: European Commission
Subjects: motor car, satellite navigation, telecommunications, transmission network, waveband

L 241/66

EN

Official Journal of the European Union

13.7.2004

COMMISSION

COMMISSION DECISION

of 8 July 2004

on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range
radar equipment in the Community

(notified under document number C(2004) 2591)

(Text with EEA relevance)

(2004/545/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

delay and on a stable and permanent basis, so as to
provide confidence to industry to make the necessary
investments.

Having regard to the Treaty
Community,

establishing the European

Having regard to Decision No 676/2002/EC of the European
Parliament and of the Council of 7 March 2002 on a regulatory
in the European
framework for
Community (Radio Spectrum Decision) (1), and in particular
Article 4(3) thereof,

radio spectrum policy

Whereas:

(1)

In its Communication to the Council and the European
Parliament of 15 September 2003, entitled ‘Information
and Communications technologies for safe and intelligent
vehicles’ (2), the Commission announced its intention to
improve road safety in Europe,
to be known as the
eSafety initiative. Such improvements can in particular
be achieved by using new information communications
technologies and intelligent road safety systems such as
(SRR). The
automotive short-range radar equipment
Council also called on 5 December 2003,
in its
Conclusions on road safety (3), for the improvement of
vehicle safety through the promotion of new tech-
nologies such as electronic safety.

(2)

The rapid and coordinated development and deployment
of short-range radar within the Community requires that
harmonised radio frequency bands be available without

(3) With a view to such harmonisation, a mandate (4) was
issued on 5 August 2003 by the Commission to the
European Conference of Postal and Telecommunications
Administrations
to Article 4(2) of
Decision 676/2002/EC,
to harmonise radio spectrum
and to facilitate a coordinated introduction of automotive
short-range radar (SRR) systems.

(CEPT), pursuant

(4)

(5)

As a result of that mandate, the 79 GHz range band has
been identified by the CEPT, acting through its Electronic
Communications Committee (the ECC), as the most
suitable band for long-term and permanent development
and deployment of short-range radar. The ECC has
concluded that operation of the band should proceed
on a non-interference
in
accordance with Radio Regulations adopted by the Inter-
national Telecommunications Union and pursuant
to
technical
set out by the ECC in its
decision of 19 March 2004.

and non-protected basis,

specifications

the work carried out pursuant

to the
The results of
mandate given to CEPT as regards identification of a
long-term and permanent band for short-range radar
are acceptable and should be made applicable in the
to ensure the availability and
Community in order
the radio spectrum necessary for the
efficient use of
the internal market.
establishment and functioning of
The use of short-range radar
in the 79 GHz band
should therefore be allowed as soon as possible and by
1 January 2005 at the latest so as to encourage the
industry to develop, manufacture and market SRR
equipment operating on that band.

(1) OJ L 108, 24.4.2002, p. 1.
(2) COM(2003) 542.
(3) 15058/03 TRANS 307.

(4) Mandate to CEPT to harmonise radio spectrum to facilitate a coor-
dinated EU introduction of automotive short-range radar systems.

13.7.2004

EN

Official Journal of the European Union

L 241/67

(6)

Short-range radar should be used with due consideration
to health and safety of the user and any other person,
taking in particular account
the Council Recommen-
dation 1999/519/EC of 12 July 1999 on the limitation
the general public to electromagnetic
to exposure of
fields (0 to 300 GHz) (1) and Article 3.1(a) of Directive
1999/5/EC of
the
Council of 9 March 1999 on radio equipment and tele-
communications terminal equipment and the mutual
recognition of their conformity (2).

the European Parliament and of

(7)

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Radio Spectrum

HAS ADOPTED THIS DECISION:

Article 1

The purpose of this Decision is to harmonise the conditions for
the availability and efficient use of the 79 GHz range radio
spectrum band for automotive short-range radar equipment.

Article 2

For the purposes of this Decision, the following definitions shall
apply:

(a)

‘79 GHz range radio spectrum band’
frequency range between 77 and 81 gigahertz;

shall mean the

(b) ‘automotive Short-Range Radar equipment’

shall mean
equipment providing road vehicle based radar functions
for collision mitigation and traffic safety applications;

(c) a ‘non-interference and non-protected basis’ shall mean that
no harmful interference may be caused to other users of the
band and that no claim may be made for protection from
harmful interference received from other systems or services
operators operating in that band.

Article 3

The 79 GHz range radio spectrum band shall be designated and
made available for automotive short-range radar equipment as
soon as possible and no later than 1 January 2005, on a non-
interference and non-protected basis.

The maximum mean power density shall be of – 3 dBm/MHz
effective isotropic radiated power (e.i.r.p.) associated with a peak
limit of 55 dBm e.i.r.p.

The maximum mean power density outside a vehicle resulting
from the operation of one short-range radar shall not exceed
– 9 dBm/MHz e.i.r.p.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 8 July 2004.

For the Commission

Erkki LIIKANEN
Member of the Commission

(1) OJ L 199, 30.7.1999, p. 59.
(2) OJ L 91, 7.4.1999, p. 10; Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 10).