
Article 1 
The purpose of this Decision is to harmonise the conditions for the availability and efficient use of the frequency band 5 875-5 905 MHz for safety related applications of Intelligent Transport Systems (ITS) in the Community.
Article 2 
For the purposes of this Decision, the following definitions shall apply:

1.. ‘Intelligent Transport Systems’ mean a range of systems and services, based on Information and Communications technologies, including processing, control, positioning, communication and electronics, that are applied to a road transportation system;
2.. ‘mean equivalent isotropically radiated power (e.i.r.p)’ means e.i.r.p. during the transmission burst which corresponds to the highest power, if power control is implemented.
Article 3 

1. Member States shall, not later than six months after entry into force of this Decision, designate the frequency band 5 875-5 905 MHz for Intelligent Transport Systems and, as soon as reasonably practicable following such designation, make that frequency band available on a non-exclusive basis.Such designation shall be in compliance with the parameters set out in the Annex.
2. By way of derogation from paragraph 1, Member States may request transitional periods and/or radio spectrum-sharing arrangements, pursuant to Article 4(5) of the Radio Spectrum Decision.
Article 4 
Member States shall keep the use of the 5 875-5 905 MHz band under scrutiny and report their findings to the Commission to allow for a review of this Decision if necessary.
Article 5 
This Decision is addressed to the Member States.
Done at Brussels, 5 August 2008.
For the Commission
Viviane REDING
Member of the Commission
ANNEX
Parameter Value
Maximum spectral power density (mean e.i.r.p.) 23 dBm/MHz
Maximum total transmit power (mean e.i.r.p.) 33 dBm
Channel access and occupation rules Techniques to mitigate interference 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 30 dB.