2007/346/EC: Commission Decision of 16 May 2007 granting a derogation requested by France pursuant to Decision 2006/804/EC 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(2007) 2084)
Date: 2007-05-16
Institutions: European Commission
Subjects: France, derogation from EU law, electromagnetic interference, harmonisation of standards, transmission network, waveband

22.5.2007

EN

Official Journal of the European Union

L 130/43

COMMISSION DECISION

of 16 May 2007

granting a derogation requested by France pursuant to Decision 2006/804/EC 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(2007) 2084)

(Only the French text is authentic)

(2007/346/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(5) thereof,

radio spectrum policy

Having regard to Commission Decision 2006/804/EC of 23
November 2006 on harmonisation of the radio spectrum for
radio frequency identification (RFID) devices operating in the
ultra high frequency (UHF) band (2), and in particular Article
3(2) thereof,

Whereas:

(1)

(2)

(3)

Considering that Decision 2006/804/EC would affect the
865,6-867,6 MHz frequency band, France has introduced
a request for a transitional derogation to this Decision on
the ground that this band is currently used exclusively
and directly for equipment dedicated to public security
and defence purposes which does not tolerate high levels
of emissions within a certain geographical range.

France has therefore requested the possibility to limit the
emission levels in that band in certain zones below the
levels defined by Decision 2006/804/EC.

France has provided sufficient technical justification to its
request, based in particular on compatibility studies from
the Agence Nationale des Fréquences and of CEPT and
interference
taking into account
between RFID and military equipment such as emission
power, density and duty cycles.

factors of harmful

(1) OJ L 108, 24.4.2002, p. 1.
(2) OJ L 329, 25.11.2006, p. 64.

it does not

(4) While the request seeks a minimum of protection for
impose unnecessary
military equipment,
restraints in terms of
frequency band or geographical
coverage. Only a very limited part of the territory of
France would be concerned; it does not unduly prevent
activities around urban areas and the areas involved
would be rural and would not overlap with major
towns. RFID would still be permitted in the designated
areas, albeit with a reduced power level. Overall,
the
derogation would in effect not significantly impact on
the deployment of RFID technology in France.

(5)

(6)

(7)

(8)

The limitation should remain exceptional and be allowed
for a limited period of time. France would report on the
evolution of technology and usage by its military forces
and on the implementation of the limitation after three
years. The report would include any fact or measurement
during the three year period.

soon as new technology would be

France has indicated that it would adopt new military
equipment which would be
compatible with the
emission levels of Commission Decision 2006/804/EC
as
available;
technology deve-
considering the time necessary for
lopment, France has indicated that
it may wish to
apply for three year-renewals of this derogation, until
2020 at the latest. However, it remains that such dero-
gation is exceptional and any extension thereof should be
properly justified and necessary.

The members of the Radio Spectrum Committee have
indicated at the meeting of the Committee on 4 and 5
December 2006 that they do not object to this transi-
tional derogation.

The requested limitation would not unduly defer imple-
mentation of Decision 2006/804/EC or create undue
differences in the competitive or regulatory situations
between Member States. The request is justified and a
transitional derogation would be appropriate to facilitate
the full implementation of Decision 2006/804/EC,

L 130/44

EN

Official Journal of the European Union

22.5.2007

HAS ADOPTED THIS DECISION:

Article 3

France shall submit by 30 June 2010 a report on the imple-
mentation of this Decision.

Article 1

The
request by France by letter of 23 February 2007
(SG/CDC/2007/A/1821) to further limit the emission powers
for the use of the 865,6-867,6 MHz frequency band for radio
frequency identification devices (RFID) operating on the territory
of France, as a derogation to Decision 2006/804/EC, is hereby
approved, subject to the conditions laid down in this Decision.

This Decision shall expire on 31 December 2010.

Article 4

This Decision is addressed to the French Republic.

Article 5

Article 2

Done at Brussels, 16 May 2007.

the maximum
In the 865,6-867,6 MHz frequency band,
power/field strength shall not be higher
than 500 mW
effective radiated power (e.r.p.) in the zones as defined in the
Annex.

For the Commission

Viviane REDING
Member of the Commission

22.5.2007

EN

Official Journal of the European Union

L 130/45

ANNEX

Geographical coordinates

Department

47° 12′ 04″ N — 000° 28′ 48″ E

37 — Indre-et-Loire

47° 56′ 56″ N — 002° 09′ 26″ W

56 — Morbihan

49° 03′ 09″ N — 007° 28′ 43″ E

57 — Moselle

44° 16′ 42″ N — 001° 44′ 57″ E

82 — Tarn-et-Garonne

44° 00′ 40″ N — 003° 10′ 16″ E

12 — Aveyron

45° 42′ 40″ N — 002° 15′ 18″ E

23 — Creuse

48° 39′ 55″ N — 004° 13′ 04″ E

43° 38′ 47″ N — 006° 28′ 05″ E

49° 07′ 30″ N — 004° 21′ 59″ E

49° 34′ 08″ N — 003° 54′ 57″ E

49° 07′ 37″ N — 004° 33′ 05″ E

47° 09′ 24″ N — 006° 19′ 25″ E

10 — Aube

83 — Var

51 — Marne

02 — Aisne

51 — Marne

25 — Doubs

Radius of zone with
maximum power/field
strength of 500 mW
e.r.p.

20 km

15 km

20 km (only on
French territory)

20 km

10 km

20 km

20 km

10 km

15 km

20 km

20 km

20 km

Avon-les-Roches
(camp Le Ruchard)

Beignon
(camp de Coëtquidan)

Bitche

Caylus

La Cavalerie
(camp du Larzac)

La Courtine

Mailly-le-Camp

Montferrat
(camp de Canjuers)

Mourmelon

Sissonne

Suippes

Valdahon
Lyautey