Implementing decision 2017/1483 - Amendment of Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2006/804/EC (notified under document C(2017) 5464) - Main contents
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Commission Implementing Decision (EU) 2017/1483 of 8 August 2017 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2006/804/EC (notified under document C(2017) 5464) (Text with EEA relevance. )| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2017/1483 |
| CELEX number i | 32017D1483 |
| Document | 08-08-2017; Date of adoption |
|---|---|
| Publication in Official Journal | 18-08-2017; OJ L 214 p. 3-27 |
| Effect | 10-08-2017; Takes effect Date notif. |
| Deadline | 02-05-2018; At the latest See Art 3 |
| End of validity | 31-12-9999 |
| Notification | 10-08-2017 |
18.8.2017 |
EN |
Official Journal of the European Union |
L 214/3 |
COMMISSION IMPLEMENTING DECISION (EU) 2017/1483
of 8 August 2017
amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2006/804/EC
(notified under document C(2017) 5464)
(Text with EEA relevance)
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 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. A regulatory framework for short-range devices supports innovation for a wide range of applications. |
(2) |
Decision No 243/2012/EU of the European Parliament and of the Council (3) requires Member States, in cooperation with the Commission, where appropriate, to foster the collective use of spectrum as well as shared use of spectrum in order to enhance efficiency and flexibility, and to seek to ensure spectrum availability for radio-frequency identification (RFID) and the ‘Internet of Things’ (IoT). |
(3) |
Due to the growing importance of short-range devices for the economy, and in view of rapid changes in technology and societal demands, new applications for short-range devices may emerge. Such applications will require regular updates of harmonised technical conditions for spectrum use. |
(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) and 2010/368/EU (6) and Commission Implementing Decisions 2011/829/EU (7) and 2013/752/EU (8) already amended the harmonised technical conditions for short-range devices laid down in Decision 2006/771/EC by replacing its Annex. |
(6) |
In its July 2016 report (9), submitted in response to the above-mentioned mandate, the CEPT informed the Commission of the results of the requested examination of the ‘other usage restrictions’ 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 CEPT analysis show that short-range devices operating on a non-exclusive and shared basis need, on the one hand, legal certainty regarding the possibility of using spectrum on a shared basis, which can be achieved through predictable technical conditions for the shared use of harmonised bands which ensure reliable and efficient use of those bands. These short-range devices also need, on the other hand, sufficient flexibility to allow for a wide 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 as much flexibility as possible, while fostering reliable and efficient use of frequency... |
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