
Article 1 
Decision 2007/131/EC is amended as follows:

1.. The Annex to Decision 2007/131/EC is replaced by the Annex to this Decision.
2.. In Article 2, the following points 10 and 11 are added:
'
10.. “building material analysis” (BMA) means a field disturbance sensor that is designed to detect the location of objects within a building structure or to determine the physical properties of a building material;
11.. “radiated into the air” means those parts of the signal emitted by specific applications of ultra-wideband technology which are not absorbed by their shielding or by the material under investigation.'.
Article 2 
This Decision shall apply from 30 June 2009.
Article 3 
This Decision is addressed to the Member States.
Done at Brussels, 21 April 2009.
For the Commission
Viviane REDING
Member of the Commission
ANNEX


ANNEX  1.  1.1. 

Frequency range(GHz) Maximum mean e.i.r.p. density(dBm/MHz) Maximum peak e.i.r.p. density(dBm/50MHz)
Below 1,6 -90,0 -50,0
1,6 to 2,7 -85,0 -45,0
2,7 to 3,4 -70,0 -36,0
3,4 to 3,8 -80,0 -40,0
3,8 to 4,2 -70,0 -30,0
4,2 to 4,8 -41,3(until 31 December 2010) 0,0(until 31 December 2010)
-70,0(beyond 31 December 2010) -30,0(beyond 31 December 2010)
4,8 to 6,0 -70,0 -30,0
6,0 to 8,5 -41,3 0,0
8,5 to 10,6 -65,0 -25,0
Above 10,6 -85,0 -45,0
 1.2. 
Equipment using ultra-wideband technology shall also be allowed to use the radio spectrum with higher e.i.r.p. limits than mentioned in the table in section 1.1 when applying additional mitigation techniques as described in the relevant harmonised standards adopted under Directive 1999/5/EC or other mitigation techniques on condition that it achieves at least an equivalent level of protection as provided by the limits in the table in section 1.1. The following mitigation techniques are presumed to provide such protection:
 1.2.1. 
A maximum mean e.i.r.p. density of – 41,3 dBm/MHz and a maximum peak e.i.r.p. of 0 dBm measured in 50 MHz shall be allowed in the 3,1-4,8 GHz bands provided that a low duty cycle restriction is applied in which the sum of all transmitted signals is less than 5 % of the time each second and less than 0,5 % of the time each hour, and provided that each transmitted signal does not exceed 5 ms.
 1.2.2. 
A maximum mean e.i.r.p. density of – 41,3 dBm/MHz and a maximum peak e.i.r.p. of 0 dBm measured in 50 MHz shall be allowed in the 3,1-4,8 GHz and 8,5-9,0 GHz bands provided that a detect and avoid (DAA) mitigation technique as described in the relevant harmonised standards adopted under Directive 1999/5/EC is used.
 1.3. 
In derogation to Article 3 of this Decision, use of ultra-wideband equipment shall also be allowed in automotive and railway vehicles when in accordance with the following parameters.
 1.3.1. 
Equipment using ultra-wideband technology in automotive and railway vehicles shall be allowed to use the radio spectrum with the e.i.r.p. limits given in section 1.1 provided that for the bands 4,2–4,8 GHz and 6,0–8,5 GHz the following parameters are applied:


Frequency range(GHz)  Maximum mean e.i.r.p. density(dBm/MHz)
4,2 to 4,8 until 31 December 2010 -41,3provided that techniques to mitigate aggregate interference are applied that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 1999/5/EC must be used. These require a transmitter power control (TPC) range of at least 12 dB.– 53,3 (otherwise)
beyond 31 December 2010 -70,0
6,0 to 8,5  -41,3provided that techniques to mitigate aggregate interference are applied that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 1999/5/EC must be used. These require a transmitter power control (TPC) range of at least 12 dB.– 53,3 (otherwise)
 1.3.2. 
Operation of equipment using ultra-wideband technology in automotive and railway vehicles shall also be allowed with other e.i.r.p. limits than mentioned in section 1.3.1 when applying additional mitigation techniques as described in the relevant harmonised standards adopted under Directive 1999/5/EC or other mitigation techniques on condition that it achieves at least an equivalent level of protection as provided by the limits in the previous tables. The following mitigation techniques are presumed to provide such protection:
 1.3.2.1. 
The operation of equipment using ultra-wideband technology in automotive and railway vehicles which applies the LDC mitigation technique in the 3,1-4,8 GHz band as described in section 1.2.1, shall be allowed with the same e.i.r.p. limits as described in that section 1.2.1. The e.i.r.p. limits mentioned in section 1.1 shall apply for the other frequency ranges.
 1.3.2.2. 
The operation of equipment using ultra-wideband technology in automotive and railway vehicles which applies the DAA mitigation technique in the 3,1-4,8 GHz and 8,5-9,0 GHz bands shall be allowed with an e.i.r.p. limit of – 41,3 dBm/MHz provided that techniques to mitigate interference are applied that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 1999/5/EC. These require a transmitter power control (TPC) range of at least 12 dB. In other cases an e.i.r.p. limit of – 53,3 dBm/MHz applies.
 2. 
Signals that are radiated into the air that do not exceed the limits in the table below shall be allowed.
 2.1. 

Frequency range(MHz) Maximum mean e.i.r.p. density(dBm/MHz) Maximum peak e.i.r.p. density(dBm/50 MHz)
Below 1 730 -85 -45
1 730 to 2 200 -65 -25
2 200 to 2 500 -50 -10
2 500 to 2 690 -65 -25
2 690 to 2 700 -55 -15
2 700 to 3 400 -82 -42
3 400 to 4 800 -50 -10
4 800 to 5 000 -55 -15
5 000 to 8 000 -50 -10
8 000 to 8 500 -70 -30
Above 8 500 -85 -45

BMA equipment using mitigation techniques that provide at least equivalent performance to the techniques described in the relevant harmonised standards adopted under Directive 1999/5/EC, is permitted to operate in frequency ranges 1,215 to 1,73 GHz, with a maximum mean e.i.r.p. density of – 70 dBm/MHz, and in the frequency ranges 2,5 to 2,69 GHz and 2,7 to 3,4 GHz, with a maximum mean e.i.r.p. density of – 50 dBm/MHz on condition that at least an equivalent level of protection as provided by the limits in the above table is achieved.

In order to protect Radio Astronomy Services; in the frequency range 2,69 GHz to 2,70 GHz and in the frequency range 4,8 to 5 GHz; the total radiated power density has to be below – 65 dBm/MHz as described in the relevant harmonised standards adopted under Directive 1999/5/EC.

