Implementing decision 2013/752 - 2013/752/EU: Commission Implementing Decision of 11 December 2013 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2005/928/EC (notified under document C(2013) 8776) - Main contents
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2013/752/EU: Commission Implementing Decision of 11 December 2013 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2005/928/EC (notified under document C(2013) 8776) Text with EEA relevance| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2013/752 |
| CELEX number i | 32013D0752 |
| Document | 11-12-2013 |
|---|---|
| Publication in Official Journal | 13-12-2013; OJ L 334 p. 17-36 |
| Effect | 12-12-2013; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 12-12-2013 |
13.12.2013 |
EN |
Official Journal of the European Union |
L 334/17 |
COMMISSION IMPLEMENTING DECISION
of 11 December 2013
amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2005/928/EC
(notified under document C(2013) 8776)
(Text with EEA relevance)
(2013/752/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 use of spectrum for a wide variety of short-range devices, including applications such as alarms, local communications equipment, door openers, medical implants and for intelligent transport systems. 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) |
Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (3) (RSPP) requires Member States, in cooperation with the Commission, and where appropriate, to foster the collective use of spectrum as well as shared use of spectrum in order to enhance efficiency and flexibility. |
(3) |
Due to the growing importance of short-range devices for the economy and the rapid changes in technology and societal demands, new applications for short-range devices can emerge. These 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 technological and market developments in the area of short-range devices. |
(5) |
Commission Decisions 2008/432/EC (4), 2009/381/EC (5), 2010/368/EU (6) and Commission Implementing Decision 2011/829/EU (7) already amended the harmonised technical conditions for short-range devices contained in Decision 2006/771/EC by replacing its Annex. |
(6) |
In its March 2013 report (8) submitted in response to the above-mentioned mandate, the CEPT informed the Commission of the results of the requested examination of the ‘type of short-range device’ and the ‘other usage restrictions’ categories in the Annex to Decision 2006/771/EC and advised the Commission to amend a number of technical aspects in that Annex. |
(7) |
The results of the mandate show that short-range devices operating on a non-exclusive and shared basis need, on the one hand, legal certainty regarding the possibility to use spectrum on a shared basis, which can be achieved through predictable technical shared usage conditions of harmonised bands which ensure reliable and efficient use of harmonised bands. These short-range devices also need, on the other hand, sufficient flexibility to allow for a large variety of applications in order to maximise the benefits of wireless innovation in the Union. It is therefore necessary to harmonise defined technical usage conditions to prevent harmful interference and to ensure for as much flexibility as possible while fostering reliable and efficient use of frequency bands by short-range devices. |
(8) |
The suppression of the notion of ‘type’ of short-range devices and the harmonisation of... |
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