COMMISSION DECISION
of 30 June 2010
amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices
(notified under document C(2010) 4313)
(Text with EEA relevance)
(2010/368/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 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)
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.
(3)
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.
(4)
Commission Decisions 2008/432/EC (3) and 2009/381/EC (4) already amended the harmonised technical conditions for short-range devices contained in Decision 2006/771/EC by replacing its Annex.
(5)
In its November 2009 report (5) submitted in response to the abovementioned mandate, the CEPT advised the Commission to amend a number of technical aspects in the Annex to Decision 2006/771/EC.
(6)
The Annex to 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 (6) 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, 30 June 2010.