2008/432/EC: Commission Decision of 23 May 2008 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (notified under document number C(2008) 1937) (Text with EEA relevance)
Date: 2008-05-23
Institutions: European Commission
Subjects: harmonisation of standards, technical regulations, telecommunications, waveband

11.6.2008

EN

Official Journal of the European Union

L 151/49

COMMISSION

COMMISSION DECISION

of 23 May 2008

amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range
devices

(notified under document number C(2008) 1937)

(Text with EEA relevance)

(2008/432/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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)

(4)

(5)

Commission Decision 2006/771/EC (2) harmonises the
technical conditions for short-range devices.

However, due to rapid changes
in technology and
short-range
societal demands, new applications
devices could emerge which would require regular
updates of spectrum harmonisation conditions.

for

On 5 July 2006, the Commission issued a permanent
mandate (3) to the European Conference of Postal and
Telecommunications Administrations
(CEPT), pursuant
to Article 4(2) of Decision No 676/2002/EC, to update
the Annex to Decision 2006/771/EC in response to the
technological and market developments in the area of
short-range devices.

In its report (4) of July 2007 submitted in response to
that mandate,
the CEPT advised the Commission to
amend a number of technical aspects in the Annex to
Decision 2006/771/EC.

Decision 2006/771/EC should therefore be amended
accordingly.

the European Parliament and of

Equipment operating within the conditions set in this
Decision must also comply with Directive 1999/5/EC
of
the Council of
9 March 1999 on radio equipment and telecommuni-
cations terminal equipment and the mutual recognition
of their conformity (5) in order to use the spectrum effec-
tively so as to avoid harmful interference, demonstrated
either by meeting harmonised standard or by fulfilling
alternative conformity assessment procedures.

(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 Annex to Decision 2006/771/EC is replaced by the Annex
to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 May 2008.

For the Commission

Viviane REDING
Member of the Commission

(1) OJ L 108, 24.4.2002, p. 1.
(2) OJ L 312, 11.11.2006, p. 66.
(3) Permanent Mandate to CEPT regarding the annual update of the
technical Annex of
the Commission Decision on the technical
harmonisation of radio spectrum for use by Short Range Devices
(5 July 2006).
(4) RSCOM(07) 58.

(5) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

L 151/50

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Official Journal of the European Union

11.6.2008

Harmonised frequency bands and technical parameters for short-range devices

ANNEX

Type of short-
range device

Frequency band

Power limit/field strength limit/
power density limit (1)

Additional parameters/spectrum
access and mitigation
requirements (2)

Other usage restrictions (3)

Implementation
deadline

Non-specific
short-range
devices (4)

6 765-6 795 kHz

42 dBμA/m at 10 metres

13,553-13,567 MHz

42 dBμA/m at 10 metres

26,957-27,283 MHz

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

40,660-40,700 MHz

10 mW e.r.p.

433,050-434,040 (5)
MHz

1 mW e.r.p.
– 13 dBm/10
power
density
bandwidth
for
modulation larger than 250
kHz

kHz

10 mW e.r.p.

Duty cycle (6): 10 %

434,040-434,790 (5)
MHz

1 mW e.r.p.
– 13 dBm/10
power
density
bandwidth
for
modulation larger than 250
kHz

kHz

1 October 2008

1 October 2008

Video applications are
excluded

1 June 2007

Video applications are
excluded

1 June 2007

Audio and voice signals,
and video applications,
are excluded

1 October 2008

Audio and voice signals,
and video applications,
are excluded

1 June 2007

Audio and voice signals,
and video applications,
are excluded

1 October 2008

10 mW e.r.p.

Duty cycle (6): 10 %

Audio and voice signals,
and video applications,
are excluded

1 June 2007

Duty cycle (6): 100 % subject
to channel spacing up to 25
kHz

Audio and voice signals,
and video applications,
are excluded

1 October 2008

863,000-868,000
MHz

25 mW e.r.p.

Audio and voice signals,
and video applications,
are excluded

1 October 2008

to

Techniques
access
spectrum and mitigate inter-
ference that provide at least
equivalent performance
to
the techniques described in
harmonised
standards
adopted
under Directive
1999/5/EC must be used.
Alternatively a duty cycle (6)
of 0,1 % may also be used

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Official Journal of the European Union

L 151/51

Type of short-
range device

Frequency band

Power limit/field strength limit/
power density limit (1)

868,000-868,600 (5)
MHz

25 mW e.r.p.

Non-specific
short-range
devices (4)
(continued)

25 mW e.r.p.

868,700-869,200 (5)
MHz

25 mW e.r.p.

25 mW e.r.p.

869,400-869,650 (5)
MHz

500 mW e.r.p.

Other usage restrictions (3)

Implementation
deadline

Video applications are
excluded

1 October 2008

Audio and voice signals,
and video applications,
are excluded

1 October 2008

Video applications are
excluded

1 October 2008

Audio and voice signals,
and video applications,
are excluded

1 October 2008

Video applications are
excluded

1 October 2008

Additional parameters/spectrum
access and mitigation
requirements (2)

to

Techniques
access
spectrum and mitigate inter-
ference that provide at least
equivalent performance
to
the techniques described in
harmonised
standards
under Directive
adopted
1999/5/EC must be used.
Alternatively a duty cycle (6)
of 1 % may also be used

to

Techniques
access
spectrum and mitigate inter-
ference that provide at least
equivalent performance
to
the techniques described in
standards
harmonised
adopted
under Directive
1999/5/EC must be used.
Alternatively a duty cycle (6)
of 0,1 % may also be used

to

Techniques
access
spectrum and mitigate inter-
ference that provide at least
to
equivalent performance
the techniques described in
harmonised
standards
adopted
under Directive
1999/5/EC must be used.
Alternatively a duty cycle (6)
of 0,1 % may also be used

to

Techniques
access
spectrum and mitigate inter-
ference that provide at least
equivalent performance
to
the techniques described in
harmonised
standards
adopted
under Directive
1999/5/EC shall be used.
Alternatively a duty cycle (6)
of 0,1 % may also be used

to

access
Techniques
spectrum and mitigate inter-
ference that provide at least
equivalent performance
to
the techniques described in
harmonised
standards
under Directive
adopted
1999/5/EC must be used.
Alternatively a duty cycle (6)
of 10 % may also be used.

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

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Type of short-
range device

Frequency band

Power limit/field strength limit/
power density limit (1)

Non-specific
short-range
devices (4)
(continued)

25 mW e.r.p.

Other usage restrictions (3)

Implementation
deadline

Audio and voice signals,
and video applications,
are excluded

1 October 2008

Additional parameters/spectrum
access and mitigation
requirements (2)

to

Techniques
access
spectrum and mitigate inter-
ference that provide at least
equivalent performance
to
the techniques described in
harmonised
standards
under Directive
adopted
1999/5/EC must be used.
Alternatively a duty cycle (6)
of 0,1 % may also be used

869,700-870,000 (5)
MHz

5 mW e.r.p.

Voice applications allowed
with
advanced mitigation
techniques

Audio and video appli-
cations are excluded

1 June 2007

25 mW e.r.p.

to

access
Techniques
spectrum and mitigate inter-
ference that provide at least
equivalent performance
to
the techniques described in
standards
harmonised
adopted
under Directive
1999/5/EC must be used.
Alternatively a duty cycle (6)
of 0,1 % may also be used

Audio and voice signals,
and video applications,
are excluded

1 October 2008

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.

24,150-24,250 GHz

100 mW e.i.r.p.

61,0-61,5 GHz

100 mW e.i.r.p.

1 June 2007

1 June 2007

1 October 2008

1 October 2008

Alarm systems 868,600-868,700

10 mW e.r.p.

Channel spacing: 25 kHz

1 October 2008

MHz

869,250-869,300
MHz

869,300-869,400
MHz

869,650-869,700
MHz

The whole frequency band
a
may also be used as
single
high-
channel
speed data transmission

for

Duty cycle (6): 1,0 %

10 mW e.r.p.

Channel spacing: 25 kHz

1 June 2007

Duty cycle (6): 0,1 %

10 mW e.r.p.

Channel spacing: 25 kHz

1 October 2008

Duty cycle (6): 1,0 %

25 mW e.r.p.

Channel spacing: 25 kHz

1 June 2007

Duty cycle (6): 10 %

Social
alarms (7)

869,200-869,250
MHz

10 mW e.r.p.

Channel spacing: 25 kHz

1 June 2007

Duty cycle (6): 0,1 %

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Type of short-
range device

Frequency band

Power limit/field strength limit/
power density limit (1)

Additional parameters/spectrum
access and mitigation
requirements (2)

Other usage restrictions (3)

Implementation
deadline

Inductive
appli-
cations (8)

20,050-59,750 kHz

72 dBμA/m at 10 metres

59,750-60,250 kHz

42 dBμA/m at 10 metres

60,250-70,000 kHz

69 dBμA/m at 10 metres

70-119 kHz

42 dBμA/m at 10 metres

119-127 kHz

66 dBμA/m at 10 metres

127-140 kHz

42 dBμA/m at 10 metres

140-148,5 kHz

37,7 dBμA/m at 10 metres

148,5-5 000 kHz

In the specific bands
mentioned
below,
higher field strengths
and additional usage
restrictions apply:

– 15 dBμA/m at 10 metres
in any bandwidth of 10 kHz.

Furthermore the total
field
strength is – 5 dBμA/m at
10 m for systems operating
at bandwidths larger than 10
kHz

400-600 kHz

– 8 dBμA/m at 10 metres

3 155-3 400 kHz

13,5 dBμA/m at 10 metres

5 000-30 000 kHz

In the specific bands
mentioned
below,
higher field strengths
and additional usage
restrictions apply:

– 20 dBμA/m at 10 metres
in any bandwidth of 10 kHz.

Furthermore the total
field
strength is – 5 dBμA/m at
10 m for systems operating
at bandwidths larger than 10
kHz

6 765-6 795 kHz

42 dBμA/m at 10 metres

7 400-8 800 kHz

9 dBμA/m at 10 metres

10 200-11 000 kHz

9 dBμA/m at 10 metres

13 553-13 567 kHz

42 dBμA/m at 10 metres

60 dBμA/m at 10 metres

26 957-27 283 kHz

42 dBμA/m at 10 metres

1 June 2007

1 June 2007

1 June 2007

1 June 2007

1 June 2007

1 October 2008

1 October 2008

1 October 2008

No other application than
RFID (9) allowed

1 October 2008

1 October 2008

1 October 2008

1 June 2007

1 October 2008

1 October 2008

1 June 2007

1 October 2008

1 October 2008

No other applications
than RFID (9) and EAS (10)
allowed

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Type of short-
range device

Frequency band

Power limit/field strength limit/
power density limit (1)

Additional parameters/spectrum
access and mitigation
requirements (2)

Other usage restrictions (3)

Implementation
deadline

Active medical
implants (11)

9-315 kHz

30 dBμA/m at 10 m

Duty cycle (6): 10 %

402-405 MHz

25 μW e.r.p.

Wireless audio
appli-
cations (12)

87,5-108,0 MHz

50 nW e.r.p.

863-865 MHz

10 mW e.r.p.

Channel spacing: 25 kHz.

channelling
Other
trans-
individual
restriction:
combine
may
mitters
channels
for
adjacent
increased
bandwidth with
advanced mitigation tech-
niques that provide at least
to
equivalent performance
the techniques described in
harmonised
standards
adopted
under Directive
1999/5/EC

Channel spacing up to 200
kHz

1 October 2008

1 October 2008

1 October 2008

1 June 2007

(1) Member States must allow the usage of spectrum up to the power, field strength or power density given in this table. In conformity with Article 3(3) of Decision

2006/771/EC, they may impose less restrictive conditions, i.e. allow the use of spectrum with higher power, field strength or power density.

(2) Member States may only impose these ‘additional parameters/spectrum access and mitigation requirements’, and may not add other parameters or spectrum access and
mitigation requirements. Less restrictive conditions within the meaning of Article 3(3) of Decision 2006/771/EC mean that Member States may completely omit the
parameters/spectrum access and mitigation requirements in a given cell or allow higher values.

(3) Member States may only impose these ‘other usage restrictions’, and may not add additional usage restrictions. As less restrictive conditions may be introduced within

the meaning of Article 3(3) of Decision 2006/771/EC, Member States may omit one or all of these restrictions.

(4)
(5) For this frequency band Member States must make all the alternative sets of usage conditions possible.
(6) ‘Duty cycle’ means the ratio of time during any one-hour period when equipment is actively transmitting. Less restrictive conditions within the meaning of Article 3(3)

of Decision 2006/771/EC mean that Member States may allow a higher value for ‘Duty cycle’.

(7) Social alarm devices are used to assist elderly or disabled people when they are in distress.
(8) 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
identification, wireless control systems and automatic road tolling.

(9) This category covers inductive applications used for Radio Frequency Identification (RFID).
(10) This category covers inductive applications used for Electronic Article Surveillance (EAS).
(11) 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 (OJ L 189, 20.7.1990, p. 17).

(12) Applications for wireless audio systems, including: cordless loudspeakers; cordless headphones; cordless headphones for portable use, e.g. 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 at concerts
or other stage productions.