Commission Decision of 13 May 2009 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (notified under document number C(2009) 3710) (Text with EEA relevance) (2009/381/EC)
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Address https://gelex.eu/eli/EU/decision/2009/381@2009-05-13/en
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), and in particular Article 4(3) thereof,
Whereas:
(1) Commission Decision 2006/771/EC harmonises the technical conditions for use of spectrum for a wide variety of short-range devices, including applications such as alarms, local communications equipment, door openers and medical implants. Short-range devices are typically mass-market and/or portable products which can easily be taken and used across borders; differences in spectrum access conditions therefore prevent their free movement, increase their production costs and create risks of harmful interference with other radio applications and services.
(2) Commission Decision 2008/432/EC amended the harmonised technical conditions for short-range devices contained in Decision 2006/771/EC by replacing its Annex.
(3) However, due to rapid changes in technology and societal demands, new applications for short-range devices can emerge which require regular updates of spectrum harmonisation conditions.
(4) On 5 July 2006, the Commission issued a permanent mandate 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.
(5) In its November 2008 report 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.
(6) Decision 2006/771/EC should therefore be amended accordingly.
(7) 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 in order to use the spectrum effectively so as to avoid harmful interference, demonstrated either by meeting harmonised standards or by fulfilling alternative conformity assessment procedures.
(8) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
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, 13 May 2009. For the Commission Viviane Reding Member of the Commission
ANNEX
ANNEX
ANNEX Harmonised frequency bands and technical parameters for short-range devices
Type of short-range device Frequency band Power limit/field strength limit/power density limit Additional parameters/spectrum access and mitigation requirements Other usage restrictions Implementation deadline Non-specific short-range devices 6765–6795 kHz 42 dBμA/m at 10 metres 1 October 2008 13,553–13,567 MHz 42 dBμA/m at 10 metres 1 October 2008 26,957–27,283 MHz 10 mW effective radiated power (e.r.p.), which corresponds to 42 dBμA/m at 10 metres Video applications are excluded 1 June 2007 40,660–40,700 MHz 10 mW e.r.p. Video applications are excluded 1 June 2007 433,050–434,040 MHz 1 mW e.r.p. and – 13dBm/10 kHz power density for bandwidth modulation larger than 250 kHz Audio and voice signals, and video applications, are excluded 1 October 2008 10 mW e.r.p. Duty cycle: 10 % Audio and voice signals, and video applications, are excluded 1 June 2007 434,040–434,790 MHz 1 mW e.r.p. and – 13dBm/10 kHz power density for bandwidth modulation larger than 250 kHz Audio and voice signals, and video applications, are excluded 1 October 2008 10 mW e.r.p. Duty cycle: 10 % Audio and voice signals, and video applications, are excluded 1 June 2007 Duty cycle: 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. Techniques to access spectrum and mitigate interference 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 of 0,1 % may also be used Audio and voice signals, and video applications, are excluded 1 October 2008 868,000–868,600 MHz 25 mW e.r.p. Techniques to access spectrum and mitigate interference 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 of 1 % may also be used Video applications are excluded 1 October 2008 25 mW e.r.p. Techniques to access spectrum and mitigate interference 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 of 0,1 % may also be used Audio and voice signals, and video applications, are excluded 1 October 2008 868,700–869,200 MHz 25 mW e.r.p. Techniques to access spectrum and mitigate interference 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 of 0,1 % may also be used Video applications are excluded 1 October 2008 25 mW e.r.p. Techniques to access spectrum and mitigate interference 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 of 0,1 % may also be used Audio and voice signals, and video applications, are excluded 1 October 2008 869,400–869,650 MHz 500 mW e.r.p. Techniques to access spectrum and mitigate interference 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 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 Video applications are excluded 1 October 2008 25 mW e.r.p. Techniques to access spectrum and mitigate interference 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 of 0,1 % may also be used Audio and voice signals, and video applications, are excluded 1 October 2008 869,700–870,000 MHz 5 mW e.r.p. Voice applications allowed with advanced mitigation techniques Audio and video applications are excluded 1 June 2007 25 mW e.r.p. Techniques to access spectrum and mitigate interference 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 of 0,1 % may also be used Audio and voice signals, and video applications, are excluded 1 October 2008 2400–2483,5 MHz 10 mW equivalent isotropic radiated power (e.i.r.p.) 1 June 2007 5725–5875 MHz 25 mW e.i.r.p. 1 June 2007 24,150–24,250 GHz 100 mW e.i.r.p. 1 October 2008 61,0–61,5 GHz 100 mW e.i.r.p. 1 October 2008 Wideband data transmission systems 2400–2483,5 MHz 100 mW e.i.r.p. and 100 mW/100 kHz e.i.r.p. density applies when frequency hopping modulation is used, 10 mW/MHz e.i.r.p. density applies when other types of modulation are used Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 1999/5/EC must be used 1 November 2009 57,0–66,0 GHz 40 dBm e.i.r.p. and 13 dBm/MHz e.i.r.p. density Outdoor applications are excluded 1 November 2009 25 dBm e.i.r.p. and – 2 dBm/MHz e.i.r.p. density Fixed outdoor installations are excluded 1 November 2009 Alarm systems 868,600–868,700 MHz 10 mW e.r.p. Channel spacing: 25 kHz The whole frequency band may also be used as a single channel for high-speed data transmission Duty cycle: 1,0 % 1 October 2008 869,250–869,300 MHz 10 mW e.r.p. Channel spacing: 25 kHz Duty cycle: 0,1 % 1 June 2007 869,300–869,400 MHz 10 mW e.r.p. Channel spacing: 25 kHz Duty cycle: 1,0 % 1 October 2008 869,650–869,700 MHz 25 mW e.r.p. Channel spacing: 25 kHz Duty cycle: 10 % 1 June 2007 Social alarms 869,200–869,250 MHz 10 mW e.r.p. Channel spacing: 25 kHz Duty cycle: 0,1 % 1 June 2007 Inductive applications 20,050–59,750 kHz 72 dBμA/m at 10 metres 1 June 2007 59,750–60,250 kHz 42 dBμA/m at 10 metres 1 June 2007 60,250–70,000 kHz 69 dBμA/m at 10 metres 1 June 2007 70–119 kHz 42 dBμA/m at 10 metres 1 June 2007 119–127 kHz 66 dBμA/m at 10 metres 1 June 2007 127–140 kHz 42 dBμA/m at 10 metres 1 October 2008 140–148,5 kHz 37,7 dBμA/m at 10 metres 1 October 2008 148,5–5000 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 dΒμΑ/m at 10 m for systems operating at bandwidths larger than 10 kHz 1 October 2008 400–600 kHz – 8 dBμA/m at 10 metres This set of usage conditions applies to RFID only 1 October 2008 3155–3400 kHz 13,5 dBμA/m at 10 metres 1 October 2008 5000–30000 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 dΒμΑ/m at 10 m for systems operating at bandwidths larger than 10 kHz 1 October 2008 6765–6795 kHz 42 dBμA/m at 10 metres 1 June 2007 7400–8800 kHz 9 dBμA/m at 10 metres 1 October 2008 10200–11000 kHz 9 dBμA/m at 10 metres 1 October 2008 13553–13567 kHz 42 dBμA/m at 10 metres 1 June 2007 60 dBμA/m at 10 metres This set of usage conditions applies to RFID and EAS only 1 October 2008 26957–27283 kHz 42 dBμA/m at 10 metres 1 October 2008 Active medical implants 9–315 kHz 30 dBμA/m at 10 m Duty cycle: 10 % 1 October 2008 402–405 MHz 25 μW e.r.p. Channel spacing: 25 kHz Individual transmitters may combine adjacent channels for increased bandwidth up to 300 kHz. Other techniques to access spectrum or mitigate interference, including bandwidths greater than 300 kHz, can be used provided they result at least in an equivalent performance to the techniques described in harmonised standards adopted under Directive 1999/5/EC to ensure compatible operation with the other users and in particular with meteorological radiosondes. 1 November 2009 Wireless audio applications 87,5–108,0 MHz 50 nW e.r.p. Channel spacing up to 200 kHz 1 October 2008 863–865 MHz 10 mW e.r.p. 1 June 2007 Radio determination applications 2400–2483,5 MHz 25 mW e.i.r.p. 1 November 2009 17,1–17,3 GHz 26 dBm e.i.r.p. Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 1999/5/EC must be used. This set of usage conditions applies to ground based systems only 1 November 2009 Tank Level Probing Radar 4,5–7,0 GHz 24 dBm e.i.r.p. 1 November 2009 8,5–10,6 GHz 30 dBm e.i.r.p. 1 November 2009 24,05–27,0 GHz 43 dBm e.i.r.p. 1 November 2009 57,0–64,0 GHz 43 dBm e.i.r.p. 1 November 2009 75,0–85,0 GHz 43 dBm e.i.r.p. 1 November 2009 Model Control 26990–27000 kHz 100 mW e.r.p. 1 November 2009 27040–27050 kHz 100 mW e.r.p. 1 November 2009 27090–27100 kHz 100 mW e.r.p. 1 November 2009 27140–27150 kHz 100 mW e.r.p. 1 November 2009 27190–27200 kHz 100 mW e.r.p. 1 November 2009 Radio Frequency Identification (RFID) 2446–2454 MHz 100 mW e.i.r.p. 1 November 2009
Versions
Cited by
- Commission Decision of 26 October 2009 granting a derogation requested by France pursuant to Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (notified under document C(2009) 8041) (Only the French text is authentic) (2009/812/EC) Decision · Grade B
Decision 2006/771/EC, as amended by Commission Decision 2009/381/EC, provides that Member States must designate the frequency band 2400-2483,5 MHz for wideband data transmission systems and radio determination applications and make it available on a non-exclusive, non-interference and non-protected basis, subject to specific conditions, by 1 November 2009.
- Commission Decision of 26 October 2009 granting a derogation requested by France pursuant to Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (notified under document C(2009) 8041) (Only the French text is authentic) (2009/812/EC) Decision · Grade B
By letter of 29 June 2009, France officially asked the Commission for a transitional period during which wideband data transmission systems and radio determination applications could be used in the 2454-2483,5 MHz sub-band on its territory solely subject to the following conditions. Outside buildings, these devices may only be used with a power limited to 10 mW. However, inside buildings, they may be used with the maximum power authorised by Decision 2006/771/EC, as amended by Decision 2009/381/EC, that is to say 100 mW e.i.r.p. for wideband data transmission systems and 25 mW e.i.r.p. for rad
- Commission Decision of 26 October 2009 granting a derogation requested by France pursuant to Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (notified under document C(2009) 8041) (Only the French text is authentic) (2009/812/EC) Decision · Grade B
The derogation requested would not unduly delay implementation of Commission Decision 2006/771/EC, as amended by Decision 2009/381/EC, or create disproportionate differences between Member States in terms of competition or regulation. There is sufficient justification for this derogation in view of the special situation in France, and full implementation of Decision 2006/771/EC should be facilitated there,
- Council Decision (EU) 2019/433 of 20 February 2018 on the position to be taken on behalf of the European Union within the Association Committee meeting in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, concerning the update of Annexes XXVIII-A (Rules applicable to financial services), XXVIII-B (Rules applicable to telecommunication services) and XXVIII-D (Rules applicable to international maritime transport) to the Agreement Decision · Grade B
Commission Decision 2009/381/EC of 13 May 2009 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices
- Council Decision (EU) 2019/433 of 20 February 2018 on the position to be taken on behalf of the European Union within the Association Committee meeting in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, concerning the update of Annexes XXVIII-A (Rules applicable to financial services), XXVIII-B (Rules applicable to telecommunication services) and XXVIII-D (Rules applicable to international maritime transport) to the Agreement Decision · Grade B
The Republic of Moldova undertakes to gradually approximate its legislation to the following EU acts and international instruments within the stipulated timeframes. Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 The following provisions of Directive 2002/21/EC shall apply: Timetable: those provisions of Directive 2002/21/EC shall be implemented within