2005/50/EC: Commission Decision of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community (notified under document number C(2005) 34)Text with EEA relevance
Date: 2005-01-17
Institutions: European Commission
Subjects: approximation of laws, electronic equipment, motor car, road safety, telecommunications, waveband

25.1.2005

EN

Official Journal of the European Union

L 21/15

COMMISSION

COMMISSION DECISION

of 17 January 2005

on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by
automotive short-range radar equipment in the Community

(notified under document number C(2005) 34)

(Text with EEA relevance)

(2005/50/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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
framework for
in the European
Community (Radio Spectrum Decision) (1), and in particular
Article 4(3) thereof,

radio spectrum policy

Whereas:

(1)

The Commission communication to the Council and the
European Parliament of 2 June 2003 on ‘European Road
Safety Action Programme — Halving the number of road
accident victims in the European Union by 2010: a
shared responsibility’ (2) sets out a coherent approach to
road safety in the European Union. Furthermore, in its
communication to the Council
and the European
Parliament of 15 September 2003, entitled ‘Information
and communications technologies for safe and intelligent
vehicles’ (3), the Commission announced its intention to
improve road safety in Europe,
to be known as the
eSafety initiative, by using new information and commu-
nications technologies and intelligent road safety systems,
such as automotive short-range radar equipment. On
5 December 2003 in its conclusions on road safety (4)
the Council also called for the improvement of vehicle
safety by the promotion of new technologies such as
electronic safety.

(1) OJ L 108, 24.4.2002, p. 1.
(2) COM(2003) 311.
(3) COM(2003) 542.
(4) Conclusions of the Council of the European Union on road safety,

15058/03 TRANS 307.

The rapid and coordinated development and deployment
of automotive short-range radar within the Community
require a harmonised radio frequency band to be
available for this application in the Community without
in order to provide the
delay and on a stable basis,
necessary
the
industry
confidence
necessary investments.

to make

for

(3)

(4)

(5)

On 5 August 2003, with a view to such harmonisation,
the Commission issued a mandate, pursuant to Article
4(2) of Decision No 676/2002/EC,
to the European
Conference of Postal and Telecommunications Adminis-
trations (CEPT), to harmonise the radio spectrum and to
facilitate a coordinated introduction of automotive short-
range radar.

As a result of that mandate, the 79 GHz range band has
been identified by CEPT as the most suitable band for
long term development and deployment of automotive
short-range radar, with the introduction of this measure
by January 2005 at the latest. The Commission therefore
adopted Decision 2004/545/EC of 8 July 2004 on the
harmonisation of
the radio spectrum in the 79 GHz
the use of automotive short-range radar
range for
equipment in the Community (5).

However, automotive short-range radar technology in the
79 GHz range band is still under development and is not
immediately available on a cost-effective basis, although
it is understood that the industry will promote the devel-
opment of such a technology in order
to make it
available at the earliest possible date.

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

L 21/16

EN

Official Journal of the European Union

25.1.2005

(6)

(7)

(8)

(9)

radar

automotive

In its report of 9 July 2004 to the European Commission
under the mandate of 5 August 2003, CEPT identified
the 24 GHz range radio spectrum band as being a
temporary solution which would enable the early intro-
in the
duction of
short-range
the e-Safety
Community to meet
the objectives of
initiative,
since technology is considered sufficiently
mature for operation in that band. Therefore, Member
States should take the appropriate measures based on
radio spectrum situation to
their particular national
make sufficient radio spectrum available on a harmonised
basis in the 24 GHz range radio spectrum band (21,65
to 26,65 GHz), while protecting
services
operating in that band from harmful interference.

existing

According to footnote 5.340 of the Radio Regulations of
the ITU, all emissions are prohibited in the band 23,6 to
24,0 GHz, in order to protect the use on a primary basis
of this band by the radio astronomy, earth exploration
satellite and space research passive services. This prohi-
bition is justified by the fact that harmful interference to
these services by emissions in the band cannot be
tolerated.

Footnote 5.340 is subject to national
implementation
and may be applied in conjunction with Article 4.4 of
the Radio Regulations, pursuant to which no frequency
may be assigned to a station in derogation of the Radio
Regulations, except on the express condition that such a
station, when using such a frequency assignment, shall
not cause harmful interference to a station operating in
accordance with the provision of
ITU rules.
the
to the Commission, CEPT
Therefore,
pointed out
strictly
prevent administrations from using bands falling under
the footnote, provided that they are neither impacting
services of other administrations nor trying to have inter-
national recognition under the ITU of such use.

report
footnote 5.340 does not

in its
that

for

vapour

essential

The 23,6 to 24,0 GHz frequency band is of primary
interest for the scientific and meteorological communities
content
to measure water
for
temperature measurements
the earth exploration
satellite service.
this frequency plays an
important role in the Global Monitoring for Environment
and Security initiative (GMES) aiming at an operational
European warning system. The 22,21 to 24,00 GHz
frequency range is also needed to measure spectral
lines of ammonia and water as well as continuum obser-
vations for the radio astronomy service.

In particular,

(10)

The bands 21,2 to 23,6 GHz and 24,5 to 26,5 GHz are
allocated to the fixed service on a primary basis in the
ITU Radio Regulations and are extensively used by fixed
links to meet the infrastructure requirement for existing
2G and 3G mobile networks and to develop broadband
fixed wireless networks.

(11)

Based on studies of compatibility between automotive
short-range radar and fixed services, earth exploration
satellite services and radio astronomy services, CEPT
has concluded that an unlimited deployment of auto-
motive short-range radar systems in the 24 GHz range
radio spectrum band will create unacceptable harmful
interference to existing radio applications operating in
this band. Considering ITU Radio Regulations and the
importance of these services, any introduction of auto-
motive short-range radar at 24 GHz could be made only
on condition that these services in the band are suffi-
respect, while the signal
ciently protected.
radar
emanating
short-range
equipment
the 24 GHz
it is important to take into account
frequency range,
the cumulative effect of the use of many devices, which
individually might not cause harmful interference.

In this
from automotive

is extremely low in most of

levels of harmful

(12) According to CEPT, existing applications operating in or
around the 24 GHz band would increasingly suffer
interference if a certain
significant
level of penetration of vehicles using the 24 GHz
range radio spectrum band for automotive short-range
radars were to be exceeded. CEPT concluded in particular
that sharing between earth exploration satellite services
and automotive short-range radar could only be feasible
on a temporary basis if
the percentage of vehicles
equipped with 24 GHz automotive short-range radar
was limited to 7,0 % in each national market. While
this percentage has been calculated on the basis of
earth exploration satellite pixels, national markets are
used as the reference against which to calculate the
threshold, as this represents the most effective means
of carrying out this monitoring.

(13)

(14)

Furthermore, the CEPT report concluded that to maintain
the protection requirements of the fixed service, sharing
with automotive short-range radar could only be feasible
the percentage of vehicles
on a temporary basis if
equipped with automotive
radar within
sight of a fixed service receiver was limited to less than
10 %.

short-range

It is therefore presumed on the basis of the work carried
interference should not be
out by CEPT that harmful
caused to other users of
the band where the total
number of vehicles registered, placed on the market or
into service equipped with 24 GHz automotive
put
short-range radar does not exceed the level of 7 % of
the total number of vehicles in circulation in each
Member State.

(15)

It is not presently anticipated that this threshold will be
reached before the reference date of 30 June 2013.

25.1.2005

EN

Official Journal of the European Union

L 21/17

(16)

(17)

(18)

Several Member States also use the 24 GHz range radio
spectrum band for radar speed meter control which
contributes
to traffic safety. Following compatibility
studies with automotive short-range radar of a number
of these devices operating in Europe, CEPT has concluded
that compatibility is possible under certain conditions,
principally by decoupling the centre frequencies of the
two systems by at least 25 MHz, and that the risk of
harmful interference is low and will not create false speed
measurements. Manufacturers of vehicles using auto-
motive short-range radar systems have also committed
to
themselves
ensure that
speed
meters is minimal. The reliability of radar speed meter
equipment will therefore not be affected by the operation
of automotive short-range radar to any significant extent.

to continue taking appropriate steps
the risk of

interference to radar

satellite services

Some Member States will in the future use the band 21,4
to 22,0 GHz for broadcast
in the
direction space-to-earth. Following compatibility studies,
relevant national administrations have concluded that no
compatibility problems exist if the emissions of auto-
motive short-range radar are limited to no more than
– 61,3 dBm/MHz for frequencies below 22 GHz.

The above presumptions and precautions need to be kept
under ongoing objective and proportionate review by the
Commission assisted by the Member States, in order to
assess on the basis of concrete evidence whether the
threshold of 7 % will be breached in any national
market before the reference date, whether harmful inter-
ference has been or is likely to be caused within a short
period of time to other users of the band by the breach
the threshold of 7 % in any national market, or
of
whether harmful
interference has been caused to other
users of the band even below the threshold.

(23)

(24)

(19)

Therefore, as a result of
information that becomes
available as part of the review process, modifications to
the present Decision may turn out to be necessary,
in
particular to ensure that there is no harmful interference
caused to other users of the band.

(20) Accordingly, there can be no expectation that the band
of 24 GHz will continue to be available for automotive
short-range radar until the reference date, if any of the
abovementioned presumptions prove not to be valid at
any time.

(25)

(21)

In order to facilitate and render more effective the moni-
toring of the use of the 24 GHz band and the review
process, Member States may decide to draw more directly
upon manufacturers and importers
information
for
required in relation to the review process.

and

bearing

in mind
the European Parliament and of

vehicles were allowed to operate unhindered within a
certain distance from each radio astronomy station.
that Directive
Therefore,
1999/5/EC of
the
Council of 9 March 1999 on radio equipment and tele-
communications terminal equipment and the mutual
their conformity (1) requires that radio
recognition of
equipment must be constructed so as to avoid harmful
interference,
systems
operating in bands used by radio astronomy in the
22,21 to 24,00 GHz range should be deactivated when
moving within these areas. The relevant radio astronomy
stations and their associated exclusion zones should be
defined and justified by national administrations.

short-range

automotive

radar

In order to be effective and reliable, such deactivation is
to allow an early
best done automatically. However,
implementation of automotive
in
24 GHz, a limited amount of transmitters with manual
deactivation can be allowed as, with such a limited
inter-
deployment,
ference to the radio astronomy service is expected to
remain low.

the probability of causing harmful

short-range

radar

The temporary introduction of automotive short-range
radar in the 24 GHz range radio spectrum band has
an exceptional character and must not be considered as
a precedent for the possible introduction of other appli-
in the bands where ITU Radio Regulations
cations
footnote 5.340 applies, be
temporary or
it
permanent use. Moreover, automotive short-range radar
must not be considered as a safety-of-life service within
the meaning of the ITU Radio Regulations and must
operate on a non-interference and non-protected basis.
Furthermore, automotive short-range radar should not
the
constrain the future development
24 GHz band of applications which are protected by
footnote 5.340.

in the use of

for

The placing on the market and operation of 24 GHz
automotive short-range radar equipment
in a stand-
alone mode or retrofitted in vehicles already on the
market would not be compatible with the objective of
avoiding harmful
interference to existing radio appli-
cations operating in this band, since it could lead to an
uncontrolled proliferation of such equipment. In contrast,
the use of automotive
it should be easier to control
short-range radar systems in the 24 GHz band solely
as part of a complex integration of
the electrical
harness, automotive design and software package of a
vehicle and originally installed in the new vehicle, or as
replacement of original vehicle-mounted automotive
short-range radar equipment.

(22) As reported by CEPT, sharing between automotive short-
range radar and the radio astronomy service within the
22,21 to 24,00 GHz band could lead to harmful inter-
short-range radar-equipped
ference for

the latter

if

(1) 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).

L 21/18

EN

Official Journal of the European Union

25.1.2005

(26)

This Decision will apply taking into account and without
prejudice to Council Directive 70/156/EEC of 6 February
1970 on the approximation of the laws of the Member
States relating to the type-approval of motor vehicles and
their trailers (1) and to Directive 1999/5/EC.

(27)

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Radio Spectrum

HAS ADOPTED THIS DECISION:

Article 1

10.

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

Article 3

The 24 GHz range radio spectrum band shall be designated and
made available as soon as possible and no later than 1 July
2005, on a non-interference and non-protected basis, for auto-
motive short-range radar equipment put into service in the
Community which complies with the conditions laid down in
Articles 4 and 6.

The purpose of this Decision is to harmonise the conditions for
the availability and efficient use of the 24 GHz range radio
spectrum band for automotive short-range radar equipment.

The 24 GHz range radio spectrum band shall
remain so
available until the reference date, subject to the provisions of
Article 5.

Article 2

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

1.

‘24 GHz range radio spectrum band’ means the 24,15
+/– 2,50 GHz frequency band;

to be

available

After that date, the 24 GHz range radio spectrum band shall
radar
cease
equipment mounted on any
that
equipment was originally installed, or is replacing equipment
so installed,
in a vehicle registered, placed on the market or
put into service before that date in the Community.

short-range
except where

automotive
vehicle

for

‘automotive short-range radar equipment’ means equipment
providing road vehicle-based radar functions for collision
mitigation and traffic safety applications;

Article 4

‘automotive short-range radar equipment put into service in
the Community’ means
radar
equipment originally
so
installed or
installed in a vehicle which will be or which has been
registered, placed on the market or put into service in
the Community;

short-range
replacing one

automotive

‘on non-interference and non-protected basis’ means 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 operating in that band;

5.

‘reference date’ means 30 June 2013;

6.

‘transition date’ means 30 June 2007;

7.

‘vehicle’ means any vehicle as defined by Article 2 of
Directive 70/156/EEC;

8.

‘deactivation’ means the termination of emissions by auto-
motive short-range radar equipment;

the ultra-wide band part of

The 24 GHz range radio spectrum band shall be available
for
short-range
radar equipment with a maximum mean power density of
– 41,3 dBm/MHz effective isotropic radiated power
(e.i.r.p.)
and peak power density of 0 dBm/50MHz e.i.r.p., except for
frequencies below 22 GHz, where the maximum mean power
density shall be limited to -61,3 dBm/MHz e.i.r.p.

automotive

The 24,05 to 24,25 GHz radio spectrum band is designated for
the narrow-band emission mode/component, which may consist
of an unmodulated carrier, with a maximum peak power of
20 dBm e.i.r.p. and a duty cycle limited to 10 % for peak
emissions higher than – 10 dBm e.i.r.p.

Emissions within the 23,6-24,0 GHz band that appear 30o or
greater above the horizontal plane shall be attenuated by at least
25 dB for automotive short-range radar equipment placed on
the market before 2010 and thereafter by at least 30 dB.

Article 5

9.

‘exclusion zone’ means the area around a radio astronomy
station defined by a radius equivalent to a specific distance
from the station;

(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission

Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).

The continued availability of

the 24 GHz range radio
1.
spectrum band for automotive short-range radar applications
shall be kept under active scrutiny to ensure that the main
premise of opening this band to such systems remains valid,
which is that no harmful interference is caused to other users of
the band, in particular through the timely verification of:

2.

3.

4.

25.1.2005

EN

Official Journal of the European Union

L 21/19

(a)

the total number of vehicles registered, placed on the
market or put into service equipped with 24 GHz auto-
motive short-range radar in each Member State, to verify
that this number does not exceed the level of 7 % of the
total number of vehicles in circulation in each Member
State;

(b) whether adequate information has been made available by
Member States or by manufacturers and importers regarding
the number of 24 GHz short-range radar-equipped vehicles
for the purpose of monitoring effectively the use of the
24 GHz band by automotive short-range radar equipment;

(c) whether the individual or cumulative use of 24 GHz auto-
motive short-range radar is causing or is likely to cause
interference to
within a short period of
other users in the 24 GHz band or in adjacent bands in
at least one Member State, whether or not the threshold
referred to in (a) has been reached;

time harmful

(d) the continuing appropriateness of the reference date.

the

to verify

continuing relevance of

2.
In addition to the review process in paragraph 1, a funda-
mental review shall be carried out by 31 December 2009 at the
latest
initial
assumptions concerning the operation of automotive short-
range radar in the 24 GHz range radio spectrum band, as
the development of automotive
well as to verify whether
short-range
is
progressing in such a way as to ensure that automotive short-
range radar applications operating in this radio spectrum band
will be readily available by 1 July 2013.

in the 79 GHz

technology

range

radar

the

3.
The fundamental review may be triggered by a reasoned
request by a member of the Radio Spectrum Committee, or at
the Commission’s own initiative.

4.
The Member States shall assist the Commission to carry
out the reviews referred to in paragraphs 1 and 2 by ensuring
that the necessary information is collected and provided to the
Commission in a timely manner, in particular the information
set out in the Annex.

Article 6

Automotive short-range radar equipment mounted on

1.
vehicles shall only operate when the vehicle is active.

Automotive short-range radar equipment put into service
2.
in the Community shall ensure protection of
the radio
astronomy stations operating in the radio spectrum band
22,21 to 24,00 GHz defined in Article 7 through automatic
deactivation in a defined exclusion zone or via another method
providing equivalent protection for these stations without driver
intervention.

3.
By way of derogation to paragraph 2, manual deactivation
will be accepted for automotive short-range radar equipment
put into service in the Community operating in the 24 GHz
range radio spectrum band before the transition date.

Article 7

Each Member State shall determine the relevant national radio
astronomy stations to be protected pursuant to Article 6(2) in
its territory and the characteristics of
the exclusion zones
pertaining to each station. This information, supported by
appropriate justification, shall be notified to the Commission
within six months of adoption of this Decision, and published
in the Official Journal of the European Union.

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 17 January 2005.

For the Commission

Viviane REDING
Member of the Commission

L 21/20

EN

Official Journal of the European Union

25.1.2005

Information required for monitoring the use of the 24 GHz range radio spectrum band by automotive
short-range radar

ANNEX

This Annex establishes the data required to verify the penetration rate of automotive vehicles equipped with short-range
radar in each Member State of the European Union in accordance with Article 5. This data shall be used to calculate the
proportion of vehicles equipped with short-range radar using the 24 GHz range radio spectrum compared to the total
number of vehicles in circulation in each Member State.

The following data shall be collected on a yearly basis:

(1) the number of vehicles equipped with short-range radar using the 24 GHz range radio spectrum band produced
and/or placed on the market and/or registered for the first time during the reference year in the Community;

(2) the number of vehicles equipped with short-range radar using the 24 GHz range radio spectrum band imported from

outside the Community during the reference year;

(3) the total number of vehicles in circulation during the reference year.

All data shall be accompanied by an evaluation of the uncertainty related to the information.

In addition to the above data, any other relevant information which would assist the Commission in maintaining an
adequate overview on the continued use of the 24 GHz range radio spectrum band by automotive short-range radar
devices shall be made available in a timely fashion, including information on:

— current and future market trends, both within and outside the Community,

— after-market sales and retrofitting of equipment,

— the state of progress of alternative technologies and applications, notably automotive short-range radar operating in

the 79 GHz range radio spectrum band according to Decision 2004/545/EC.