2006/771/EC: 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)
Date: 2006-11-09
Institutions: European Commission
Subjects: technical standard, telecommunications, waveband

L 312/66

EN

Official Journal of the European Union

11.11.2006

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,

(3)

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)

(2)

Given their pervasive use in the European Community
and in the world, short-range devices are playing an
increasing role in the economy and in the daily life of
citizens, with different
types of applications such as
alarms, local communications equipment, door openers
implants. The development of applications
or medical
based
European
short-range
on
Community could also contribute to achieving specific
Community policy goals, such as completion of
the
internal market, promotion of innovation and research,
and development of the information society.

devices

the

in

their free movement,

Short-range devices are typically massmarket and/or
portable products which can easily be taken and used
across borders; differences in spectrum access conditions
therefore prevent
increase their
production costs and create risks of harmful interference
with other radio applications and services. In order to
reap the benefits of the internal market for this type of
device, to support the competitiveness of EU manufac-
turing industry by increasing economies of scale and to
lower
radio spectrum must
therefore be made available in the Community on the
basis of harmonised technical conditions.

consumers,

costs

for

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

In addition,

such devices

As this type of device uses radio spectrum with low
emission power and short-range emission capability, its
potential to cause interference to other spectrum users is
can share
typically limited. Therefore
frequency bands with other services which are, or are
not, subject to authorisation, without causing harmful
interference, and can co-exist with other short-range
devices. Their use should therefore not be subject to
to the Authorisation
individual authorisation pursuant
Directive 2002/20/EC (2).
radiocommuni-
cations services, as defined in the International Tele-
communications Union Radio Regulations, have priority
over short-range devices and are not required to ensure
protection of particular
types of short-range devices
against interference. Since no protection against inter-
ference can therefore be guaranteed to users of short-
range devices,
it is the responsibility of manufacturers
of short-range devices to protect such devices against
harmful interference from radiocommunications services
as well as from other short-range devices operating in
accordance with the applicable Community or national
regulations. Pursuant
the
the Council of 9 March
European Parliament and of
1999 on radio equipment and telecommunications
terminal equipment and the mutual recognition of their
(the R&TTE Directive) (3) manufacturers
conformity
that short-range devices effectively use
should ensure,
the radio frequency spectrum so as to avoid harmful
interference to other short-range devices.

to Directive 1999/5/EC of

(4)

A significant number of these devices are already clas-
sified, or are likely to be in the future, as ‘Class 1’
equipment under Commission Decision 2000/299/EC
of 6 April 2000 establishing the initial classification of
terminal
radio equipment
telecommunications
identifiers (4)
adopted
equipment
and
the R&TTE Directive.
pursuant
Decision 2000/299/EC recognises
the equivalence of
radio interfaces meeting the conditions of ‘Class 1’ so
that radio equipment can be placed on the market and
put
restriction in the whole
Community.

and
associated
to Article 4(1) of

into service without

(5)

As the availability of harmonised spectrum and asso-
ciated conditions of use determine ‘Class 1’ classification,
this Decision will further consolidate the continuity of
such classification once achieved.

(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.

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(6)

(7)

(8)

(9)

On 11 March 2004 the Commission therefore issued a
mandate (5) to the CEPT, pursuant to Article 4(2) of the
Radio Spectrum Decision, to harmonise frequency use for
short-range devices. In response to that mandate, in its
report (6) of 15 November 2004 the CEPT established the
list of voluntary harmonisation measures which exist in
the European Community for short-range devices and
is required
stated that a more binding commitment
from Member States
to ensure the legal
in order
stability of the frequency harmonisation achieved in the
CEPT. Therefore, it is necessary to establish a mechanism
to make such harmonisation measures legally binding in
the European Community.

Member States may allow, at national level, equipment to
operate under more permissive conditions than specified
in this Decision. However, in this case such equipment
could not operate throughout the Community without
restrictions and would therefore be considered as ‘Class 2’
equipment under
classification in the R&TTE
Directive.

the

periods

Harmonisation under this Decision does not exclude the
possibility for a Member State to apply, where justified,
spectrum-sharing
transitional
the Radio
arrangements pursuant
to the
Spectrum Decision. These
minimum, as they would limit the benefits of ‘Class 1’
classification.

or
radio
to Article 4(5) of

should be kept

in

radar

equipment

short-range

This general
technical harmonisation Decision applies
without prejudice to European Community technical
harmonisation measures which apply to specific bands
and types of devices, such as Commission Decision
2004/545/EC of 8 July 2004 on the harmonisation of
radio spectrum in the 79 GHz range for the use of
automotive
the
Community (7), Commission Decision 2005/50/EC of
17 January 2005 on the harmonisation of the 24 GHz
range radio spectrum band for the time-limited use by
automotive
the
Community (8), Commission Decision 2005/513/EC on
the harmonised use of radio spectrum in the 5 GHz
frequency band for
the implementation of wireless
including radio local area networks
access
systems
(WAS/RLANs) (9)
Decision
Commission
2005/928/EC of 20 December 2005 on the harmoni-
sation of the 169,4-169,8125 MHz frequency band in
the Community (10).

short-range

equipment

radar

or

in

(10)

The use of spectrum is subject to the requirements of
Community law for public health protection in particular
Directive 2004/40/EC of the European Parliament and of
Council (11)
the
Recommendation
1999/519/EC (12).
radio
equipment is ensured by conformity of such equipment
to the essential requirements pursuant
to the R&TTE
Directive.

and
Health

protection

Council

for

constant

(11) Due to the rapid changes in technology and societal
demands, new applications for short-range devices will
emerge, which will
scrutiny of
require
spectrum harmonisation conditions, taking into account
the economic benefits of new applications and the
requirements of industry and users. Member States will
have to monitor these evolutions. Regular updates of this
Decision will therefore be necessary to respond to new
developments in the market and technology. The Annex
will be reviewed at least once every year on the basis of
the information collected by Member States and provided
to the Commission. A review may also be started in cases
where appropriate measures will be taken by a Member
State pursuant to Article 9 of the R&TTE Directive. If a
review reveals
the Decision,
the necessity to adapt
changes will be decided following the procedures
specified in the Radio Spectrum Decision for
the
adoption of implementing measures. The updates could
include
legacy
situations.

transition periods

to accommodate

(12)

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 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:

(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.

1.

‘short-range device’ means radio transmitters which provide
either unidirectional or bidirectional communication and
which transmit over a short distance at low power;

(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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2.

‘non-interference and non-protected basis’ means that no
harmful interference may be caused to any radio communi-
cations
service and that no claim may be made for
protection of these devices against harmful interference origi-
nating from radio communications services.

Article 3

1. Member States shall designate and make available, on a
the
non-exclusive, non-interference and non-protected basis,
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.

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

periods

and/or

radio

3.
States to allow the use of

This Decision is without prejudice to the right of Member
the frequency bands under less

restrictive conditions
Decision.

than specified in the Annex to this

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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ANNEX

Harmonised frequency bands and technical parameters for short-range devices

Type of short-range device

Frequency band(s)/
Single frequencies

Maximum power/
field strength

Additional regulatory
parameters/Mitigation
requirements

Other restrictions

Implementation
deadline

26,957-27,283 MHz

10 mW effective
radiated power (e.r.p.),
which corresponds to
42 dBμA/m at 10
metres

40,660-40,700 MHz

10 mW e.r.p.

433,05-434,79 MHz

10 mW e.r.p.

Video applications are
excluded

1 June 2007

Video applications are
excluded

1 June 2007

Duty cycle (2): up to 10 % Audio and voice
signals, and video
applications, are
excluded

1 June 2007

868,0-868,6 MHz

25 mW e.r.p.

Duty cycle (2): up to 1 % Video applications are

1 June 2007

excluded

Non-specific short-
range devices (1)

868,7-869,2 MHz

25 mW e.r.p.

Duty cycle (2): up to
0,1 %

Video applications are
excluded

1 June 2007

869,4-869,65 MHz

500 mW e.r.p.

Duty cycle (2): up to 10 %

Channel spacing: must be
25 kHz, except that the
whole band may also be
used as one single
channel for high-speed
data transmission

Video applications are
excluded

1 June 2007

869,7-870 MHz

5 mW e.r.p.

Voice applications
allowed with advanced
mitigation techniques

Audio and video
applications, are
excluded

2 400-2 483,5 MHz

10 mW equivalent
isotropic radiated
power (e.i.r.p.)

5 725-5 875 MHz

25 mW e.i.r.p.

868,6-868,7 MHz

10 mW e.r.p.

Channel spacing: 25 kHz

1 June 2007

1 June 2007

1 June 2007

1 June 2007

The whole frequency
band may also be used as
one single channel for
high-speed data trans-
mission

Duty cycle (2): up to
0,1 %

Alarm systems

869,25-869,3 MHz

10 mW e.r.p.

Channel spacing: 25 kHz

1 June 2007

Duty cycle (2): below to
0,1 %

869,65-869,7 MHz

25 mW e.r.p.

Channel spacing: 25 kHz

1 June 2007

Duty cycle (2): below to
10 %

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Type of short-range device

Frequency band(s)/
Single frequencies

Maximum power/
field strength

Additional regulatory
parameters/Mitigation
requirements

Other restrictions

Implementation
deadline

Social alarms (3)

869,20-869,25 MHz

10 mW e.r.p.

Channel spacing: 25 kHz

1 June 2007

Duty cycle (2): below
0,1 %

Inductive appli-
cations (4)

20,05-59,75 kHz

59,75-60,25 kHz

60,25-70 kHz

70-119 kHz

119-127 kHz

127-135 kHz

6 765-6 795 kHz

13,553-13,567 MHz

Active medical
implants (5)

402-405 MHz

72 dBμA/m at
10 metres

42 dBμA/m at
10 metres

69 dBμA/m at 10
metres

42 dBμA/m at 10
metres

66 dBμA/m at
10 metres

42 dBμA/m at
10 metres

42 dBμA/m at
10 metres

42 dBμA/m at
10 metres

25 μW e.r.p.

Wireless audio appli-
cations (6)

863-865 MHz

10 mW e.r.p.

Channel spacing: 25 kHz

Other channelling
restriction: individual
transmitters may
combine adjacent
channels for increased
bandwidth with advanced
mitigation techniques

1 June 2007

1 June 2007

1 June 2007

1 June 2007

1 June 2007

1 June 2007

1 June 2007

1 June 2007

1 June 2007

1 June 2007

(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 identi-
fication, 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.