2009/159/EC: Commission Decision of 25 February 2009 granting a derogation to Austria pursuant to Decision 2008/671/EC on the harmonised use of radio spectrum in the 5875 - 5905 MHz frequency band for safety-related applications of Intelligent Transport Systems (ITS) (notified under document number C(2009) 1136)
Date: 2009-02-25
Institutions: European Commission
Subjects: Austria, European standard, data transmission, derogation from EU law, information technology, intelligent transport system, regulation of telecommunications, road safety, waveband

L 53/74

EN

Official Journal of the European Union

26.2.2009

COMMISSION DECISION

of 25 February 2009

granting a derogation to Austria pursuant to Decision 2008/671/EC on the harmonised use of radio
spectrum in the 5 875-5 905 MHz frequency band for safety-related applications of Intelligent
Transport Systems (ITS)

(notified under document number C(2009) 1136)

(Only the German text is authentic)

(2009/159/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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
in the European
framework for
Community (Radio Spectrum Decision) (1), and in particular
Article 4(5) thereof,

radio spectrum policy

Having regard to Commission Decision 2008/671/EC of
5 August 2008 on the harmonised use of radio spectrum in
the 5 875-5 905 MHz frequency band for safety-related appli­
(ITS) (2), and in
cations of
particular Article 3(2) thereof,

Intelligent Transport Systems

Having regard to request of Austria of 25 November 2008,

Whereas:

(1)

(2)

(3)

Under Decision 2008/671/EC, Member States have to
designate and make available, on a non-exclusive basis,
the 5 875-5 905 MHz frequency band for intelligent
to specific parameters,
transport systems (ITS) subject
no later than 6 February 2009.

Article 3(2) of Decision 2008/671/EC states that, by way
of derogation, Member States may request transitional
periods and/or
radio spectrum sharing arrangements,
pursuant to Article 4(5) of Decision No 676/2002/EC.

Austria has informed the Commission that, since this
band is currently assigned on an exclusive basis to
point-to-point
news
systems
it is not in a position to implement
gathering (ENG),
the requirements set out in Decision 2008/671/EC on
time.

electronic

radio

for

(1) OJ L 108, 24.4.2002, p. 1.
(2) OJ L 220, 15.8.2008, p. 24.

Authorisation to install and operate ENG point-to-point
systems has been granted by the Austrian authorities to
the Austrian Broadcasting Corporation in 1989 and is
valid without geographical or time limits throughout
Austria. Austria has stated that the Austrian Broadcasting
Corporation will adopt new ENG point-to-point trans­
mission equipment so as to operate in a different band
and has agreed to abandon its authorisation regarding
the use of the 5 875-5 905 MHz frequency band by
31 December 2011. As from 1 January 2012,
the
5 875-5 905 MHz band will become fully available for
safety-related ITS applications,
in accordance with
Decision 2008/671/EC.

letter

formally

requested, by

Austria has
to the
Commission of 25 November a transitional period
during which ITS can be used in Austria only within
time and regional limits to be set after coordination by
spectrum
the authorities
management with the ENG point-to-point
systems
operated by the Austrian Broadcasting Corporation.

responsible in Austria for

Austria has provided sufficient information and technical
justification in support of its request, based in particular
on conclusions by the CEPT that harmful
interference
may occur between point-to-point systems and safety-
related ITS systems, unless measures are
taken at
coexistence between these
national
level
systems. Such harmful
interference could potentially
cause major traffic accidents.

to ensure

A total ban on the use of the 5 875-5 905 MHz band by
ITS would be limited to small sections of Austria and to
short periods of time. The use of this band by ITS would
continue to be permitted in the rest of Austria subject to
coordination by the authorities responsible in Austria for
spectrum management. The derogation would therefore
not significantly impact on the deployment of ITS tech­
nology in Austria, especially as the commercial availabil­
ity of such systems is expected to be rather limited until
2011.

(5)

(6)

(7)

(8)

Given the exceptional nature of the derogation, a report
on the evolution of the situation in Austria for ITS and
ENG would be beneficial for the smooth handling of the
transitional period.

26.2.2009

EN

Official Journal of the European Union

L 53/75

(9)

(10)

The members of the Radio Spectrum Committee stated at
their meeting on 17 December 2008 that they do not
object to this transitional derogation.

The requested derogation would not unduly defer im­
plementation of Decision 2008/671/EC or create undue
differences in the competitive or regulatory situations
between Member States. There is sufficient justification
for this in view of the particular situation of Austria, and
full implementation of Decision 2008/671/EC needs to
be facilitated in Austria,

Article 2

Until 31 December 2011, Austria may impose time and geogra­
phical
limits on the use of the 5 875-5 905 MHz frequency
band for safety-related applications of ITS in order to ensure
coordination with the point-to-point systems operated by the
Austrian Broadcasting Corporation in that band.

Article 3

Austria shall submit a report to the Commission by 30 June
2011 on the implementation of this Decision.

Article 4

HAS ADOPTED THIS DECISION:

This Decision is addressed to the Republic of Austria.

Article 1

Done at Brussels, 25 February 2009.

Austria is authorised to derogate from its obligations under
Decision 2008/671/EC on the harmonised use of
radio
spectrum in the 5 875-5 905 MHz frequency band for safety-
related applications of intelligent transport systems (ITS), subject
to the conditions laid down in this Decision.

For the Commission

Viviane REDING
Member of the Commission