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)

11.6.2008 EN Official Journal of the European Union L 151/49
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
,
Having regard to the Treaty establishing the European Community,
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 radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,
Whereas:
(1) Commission Decision 2006/771/EC (2) harmonises the technical conditions for short-range devices.
(2) However, due to rapid changes in technology and societal demands, new applications for short-range devices could emerge which would require regular updates of spectrum harmonisation conditions.
(3) 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.
(4) 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.
(5) Decision 2006/771/EC should therefore be amended accordingly.
(6) Equipment operating within the conditions set in this Decision must also comply with 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 (5) in order to use the spectrum effectively so as to avoid harmful interference, demonstrated either by meeting harmonised standard or by fulfilling alternative conformity assessment procedures.
(7) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,