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)

• Published date: 11 June 2008
• Subject Matter: Telecommunications,Approximation of laws
• Official Gazette Publication: Official Journal of the European Union, L 151, 11 June 2008

2008D0432 — EN — 11.06.2008 — 000.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B 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) (OJ L 151, 11.6.2008, p.49)

Corrected by:

►C1 Corrigendum, OJ L 212, 7.8.2008, p. 15 (432/08)

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▼B

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,

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.

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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 (1)	Additional parameters/spectrum access and mitigation requirements (2)	Other usage restrictions (3)	Implementation deadline
Non-specific short-range devices (4)	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 (5) MHz	1 mW e.r.p. – 13 dBm/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 (6): 10 %	Audio and voice signals, and video applications, are excluded	1 June 2007
	434,040-434,790 (5) MHz	1 mW e.r.p. – 13 dBm/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 (6): 10 %	Audio and voice signals, and video applications, are excluded	1 June 2007
			Duty cycle (6): 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 (6) of 0,1 % may also be used	Audio and voice signals, and video applications, are excluded	1 October 2008
	868,000-868,600 (5) 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 (6) 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 (6) of 0,1 % may also be used	Audio and voice signals, and video applications, are excluded	1 October 2008
	868,700-869,200 (5) 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 (6) of 0,1 % may also be used	Video applications are excluded	1 October 2008
		25 mW e.r.p.	Techniques to access

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