2006/804/EC: Commission Decision of 23 November 2006 on harmonisation of the radio spectrum for radio frequency identification (RFID) devices operating in the ultra high frequency (UHF) band (notified under document number C(2006) 5599)
Date: 2006-11-23
Institutions: European Commission
Subjects: approximation of laws, electromagnetic interference, harmonisation of standards, transmission network, waveband

L 329/64

EN

Official Journal of the European Union

25.11.2006

COMMISSION DECISION

of 23 November 2006

on harmonisation of the radio spectrum for radio frequency identification (RFID) devices operating
in the ultra high frequency (UHF) band

(notified under document number C(2006) 5599)

(2006/804/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)

(3)

technology,

are possible,

Radio frequency identification (RFID)
a
specific type of short-range devices, offers potentially
significant economic and societal benefits in Europe.
such as
Different RFID applications
automatic article identification, asset
tracking, security
and alarm systems, waste management, proximity
data
sensors,
transfer
control
systems. The development of devices based on ultra
high frequency (UHF) RFID in the EC will contribute to
development
to
promotion of innovation.

anti-theft
to handheld devices

location systems,
and wireless

information society

systems,

and

the

of

Harmonised conditions and legal certainty for the avail-
ability of radio spectrum for UHF RFID devices are
necessary to allow the identification of products incor-
porating UHF RFID or services relating to RFID to
function throughout Europe. Ensuring a functioning
internal market will assist
the successful and rapid
uptake of RFID technology by supporting economies of
scale and cross-border use.

The purpose of this Decision is limited to RFID systems
in which the devices attached to the items to be iden-
tified have no autonomous source of energy for radio
transmission and transmit solely by reusing the energy
radiated onto them by reader devices. So their potential
to cause interference to other spectrum users is typically
limited. Therefore such devices can share 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

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

the European Parliament and of

to an individual
use should therefore not be subject
to the Authorisation Directive
authorisation pursuant
2002/20/EC of
the
Council (2). In addition, radio communications services,
as defined in the International Telecommunications
Union Radio Regulations, have priority over such RFID
devices and are not required to ensure the protection of
RFID devices against interference and RFID systems shall
not cause interference to these radio communications
interference can
services. Since no protection against
therefore be guaranteed to users of RFID devices,
it is
the responsibility of manufacturers of RFID devices to
protect such devices against harmful
interference from
radio communications services as well as from other
short range devices operating in accordance with the
applicable Community or national regulations. 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 (3) (the R&TTE Directive)
manufacturers should ensure,
that RFID devices effec-
tively use the radio frequency spectrum so as to avoid
harmful interference to other short-range devices.

(4)

(5)

On 11 March 2004 the Commission therefore issued a
mandate (4) to the CEPT, pursuant to Article 4(2) of the
Radio Spectrum Decision, to harmonise frequency use for
short-range devices, including RFID devices. In response
to that mandate, in its report (5) of 15 November 2004
the CEPT established the list of voluntary harmonisation
measures which exist in the European Community for
short-range devices and stated that a more binding
commitment is required from Member States in order
to ensure the legal stability of the frequency harmoni-
sation achieved in the CEPT, in particular for the UHF
spectrum used by RFIDs.

The bands proposed by CEPT for harmonisation are
covered for use by RFID by harmonised standard EN
302 208 adopted pursuant
to Directive 1999/5/EC.
This
standard describes a listen-before-talk technique
meant to provide appropriate mitigation levels to avoid
harmful interference to other users in the band. The use
of this standard or other relevant harmonised standards
gives the presumption of conformity with the essential
requirements of the R&TTE Directive.

(2) OJ L 108, 24.4.2002, p. 21.
(3) OJ L 91, 7.4.1999, p. 10.
(4) Mandate to CEPT to analyse further harmonisation of frequency

bands in use for short-range devices.

(5) Final report by the ECC in response to the EC mandate to the CEPT
on radio frequency identification radio spectrum harmonisation.

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Official Journal of the European Union

L 329/65

(6)

(7)

(8)

Harmonisation under this Decision does not exclude the
possibility for a Member State to apply, where justified,
spectrum-sharing
transitional
arrangements pursuant
the Radio
Spectrum Decision.

or
radio
to Article 4(5) of

periods

The use of spectrum is subject
to the requirements
of Community law for public health protection in
European
particular Directive 2004/40/EC of
Parliament and of the Council (1) and Council Recom-
mendation 1999/519/EC (2). Health protection for radio
equipment is ensured by conformity of such equipment
to the essential requirements pursuant
to the R&TTE
Directive.

the

Due to rapid technological change, new UHF RFID and
similar devices will emerge, which will require updates of
spectrum harmonisation conditions, taking into account
their economic benefits and the requirements of industry
and users. Updates of this Decision will therefore be
necessary to respond to new developments
in the
market and technology. If a review reveals the necessity
to adapt the Decision, changes will be decided following
the procedures specified in the Radio Spectrum Decision
for the adoption of implementing measures. The updates
could include transition periods to accommodate legacy
situations.

(tags)
consisting on the one hand of passive devices
mounted on items and, on the other, of transmitter/receiver
units (readers) which activate the tags and receive data back;

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, within
six months after the entry into force of this Decision and on a
non-exclusive, non-interference and non-protected basis,
the
frequency bands
to the specific
for RFID devices,
conditions, as laid down in the Annex to this Decision.

subject

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

This Decision is without prejudice to the right of Member
the frequency bands under less
than specified in the Annex to this

3.
States to allow the use of
restrictive conditions
Decision.

(9)

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Radio Spectrum

Article 4

HAS ADOPTED THIS DECISION:

Article 1

The purpose of this Decision is to harmonise the conditions for
the availability and efficient use of radio spectrum for RFID
devices operating in the ultra high frequency (UHF) band.

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

Article 5

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 23 November 2006.

For the purpose of this Decision:

1.

‘RFID devices’ means devices for,
identification of

tracking and
items by the use of a radio system,

inter alia,

For the Commission

Viviane REDING
Member of the Commission

(1) OJ L 159, 30.4.2004, p. 1.
(2) OJ L 199, 30.7.1999, p. 59.

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Official Journal of the European Union

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ANNEX

UHF Frequency band

Specific conditions

Max. power/Field strength

Channel spacing

Sub-band A: 865-865,6 MHz

100 mW e.r.p.

Sub-band B: 865,6-867,6 MHz

2 W e.r.p.

Sub-band C. 867,6-868 MHz

500 mW e.r.p.

200 kHz

200 kHz

200 kHz

Channel centre frequencies are 864,9 MHz + (0,2 MHz × channel number).

The available channel numbers for each sub-band are:

Sub-band A: channel numbers 1 to 3;

Sub-band B: channel numbers 4 to 13;

Sub-band C: channel numbers 14 and 15.

Note: The same equipment is allowed to operate in several sub-bands.