
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) 

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 

Harmonised frequency bands and technical parameters for short-range devicesType 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 6 765–6 795 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 usedChannel 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
2 400–2 483,5 MHz 10 mW equivalent isotropic radiated power (e.i.r.p.)   1 June 2007
5 725–5 875 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 2 400–2 483,5 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 kHzThe whole frequency band may also be used as a single channel for high-speed data transmissionDuty cycle: 1,0 %  1 October 2008
869,250–869,300 MHz 10 mW e.r.p. Channel spacing: 25 kHzDuty cycle: 0,1 %  1 June 2007
869,300–869,400 MHz 10 mW e.r.p. Channel spacing: 25 kHzDuty cycle: 1,0 %  1 October 2008
869,650–869,700 MHz 25 mW e.r.p. Channel spacing: 25 kHzDuty cycle: 10 %  1 June 2007
Social alarms 869,200–869,250 MHz 10 mW e.r.p. Channel spacing: 25 kHzDuty 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
148,5–5 000 kHzIn the specific bands mentioned below, higher field strengths and additional usage restrictions apply: – 15 dBμA/m at 10 metres in any bandwidth of 10 kHzFurthermore 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
3 155–3 400 kHz 13,5 dBμA/m at 10 metres   1 October 2008
5 000–30 000 kHzIn the specific bands mentioned below, higher field strengths and additional usage restrictions apply: – 20 dBμA/m at 10 metres in any bandwidth of 10 kHzFurthermore the total field strength is – 5 dΒμΑ/m at 10 m for systems operating at bandwidths larger than 10 kHz   1 October 2008
6 765–6 795 kHz 42 dBμA/m at 10 metres   1 June 2007
7 400–8 800 kHz 9 dBμA/m at 10 metres   1 October 2008
10 200–11 000 kHz 9 dBμA/m at 10 metres   1 October 2008
13 553–13 567 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
26 957–27 283 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 kHzIndividual 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 2 400–2 483,5 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 26 990–27 000 kHz 100 mW e.r.p.   1 November 2009
27 040–27 050 kHz 100 mW e.r.p.   1 November 2009
27 090–27 100 kHz 100 mW e.r.p.   1 November 2009
27 140–27 150 kHz 100 mW e.r.p.   1 November 2009
27 190–27 200 kHz 100 mW e.r.p.   1 November 2009
Radio Frequency Identification (RFID) 2 446–2 454 MHz 100 mW e.i.r.p.   1 November 2009
















