Commission Decision of 21 February 2007 on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community (notified under document number C(2007) 522) (Text with EEA relevance) (2007/131/EC)Text with EEA relevance

The purpose of this Decision is to allow the use of the radio spectrum by equipment using ultra-wideband technology and to harmonise the conditions of such use in the Community.

This Decision shall apply without prejudice to Directive 1999/5/EC (the R&TTE Directive) and to any Community provisions allowing use of the radio spectrum by specific types of equipment using ultra-wideband technology.

For the purposes of this Decision:

1. ‘equipment using ultra-wideband technology’ means equipment incorporating, as an integral part or as an accessory, technology for short-range radiocommunication, involving the intentional generation and transmission of radio-frequency energy that spreads over a frequency range wider than 50 MHz, which may overlap several frequency bands allocated to radiocommunication services;

2. ‘non-interference and non-protected basis’ means that no harmful interference may be caused to any radiocommunication service and that no claim may be made for protection of these devices against harmful interference originating from radiocommunication services;

3. ‘indoors’ means inside buildings or places in which the shielding will typically provide the necessary attenuation to protect radiocommunication services against harmful interference;

4. ‘automotive vehicle’ means any vehicle as defined by Council Directive 70/156/EEC⁽¹⁾;

5. ‘railway vehicle’ means any vehicle as defined by Regulation (EC) No 91/2003 of the European Parliament and of the Council⁽²⁾;

6. ‘e.i.r.p’ means equivalent isotropically radiated power, which is the product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna (absolute or isotropic gain);

7. ‘maximum mean power spectral density’, specified as e.i.r.p. of the radio device under test at a particular frequency, is the average power per unit bandwidth (centred on that frequency) radiated in the direction of the maximum level under the specified conditions of measurement;

8. ‘peak power’, specified as e.i.r.p., contained within a 50 MHz bandwidth at the frequency at which the highest mean radiated power occurs, radiated in the direction of the maximum level under the specified conditions of measurement;

9. ‘building material analysis’ (BMA) means a field disturbance sensor that is designed to detect the location of objects within a building structure or to determine the physical properties of a building material;

10. ‘total power spectral density’ means the average of the mean power spectral density values measured over a sphere around the measurement scenario with a resolution of at least 15 degree. The detailed measuring setup is contained within ETSI EN 302 065-4;

11. ‘onboard aircraft’ means the use of radio links for intra-aircraft communications purposes inside an aircraft;

12. ‘LT1’ are systems intended for general location tracking of people and objects that can be put into service on an unlicensed basis.

The Member States shall allow the use of the radio spectrum on a non-interference and non-protected basis by equipment using ultra-wideband technology provided that such equipment meets the conditions set out in the Annex and it is used indoors or, if it is used outdoors, it is not attached to a fixed installation, a fixed infrastructure or a fixed outdoor antenna. Equipment using ultra-wideband technology which meets the conditions set in the Annex shall also be allowed in automotive and railway vehicles

Member States shall keep the use of the bands identified in the Annex by equipment using ultra-wideband technology under scrutiny, in particular with regard to the continued relevance of all the conditions specified in Article 3, and report their findings to the Commission to allow a timely review of this Decision.

This Decision is addressed to the Member States.