2014/702/EU: Commission Implementing Decision of 7 October 2014 amending Decision 2007/131/EC on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community (notified under document C(2014) 7083)

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 2007/131/EC⁽²⁾ as amended by Decision 2009/343/EC⁽³⁾, harmonises the technical conditions for radio equipment using ultra-wideband (hereinafter ‘UWB’) technology in the Union. It ensures that the radio spectrum is available across the Union under harmonised conditions, eliminates barriers to the uptake of UWB technology and creates an effective single market for UWB systems with significant economies of scale and benefits to the consumer.

2. Rapid changes in technology and in the use of the radio spectrum need to be adequately reflected in the regulation of UWB technology, to allow European society to benefit from the introduction of innovative applications based on this technology, while ensuring that other spectrum users are not adversely affected. The latest version of Decision 2007/131/EC therefore needs to be amended.

3. For this reason, on 28 May 2012 the Commission issued a Fifth Mandate, pursuant to Decision No 676/2002/EC, to the European Conference of Postal and Telecommunications Administrations (CEPT) on UWB technology, to clarify technical parameters in the light of a potential update to Decision 2007/131/EC.

4. In CEPT Report 45, approved on 21 June 2013 by the Electronic Communications Committee (ECC) and submitted in response to the fifth mandate, CEPT advised the Commission to take a more streamlined approach on subsequent amendments of Decision 2007/131/EC, taking into account the description of mitigation techniques with all the relevant detailed parameters within the harmonised European standards developed by the European Telecommunications Standards Institute (ETSI).

5. CEPT Report 45 clarified the technical conditions under which specific mitigation techniques enable UWB equipment to be operated with higher transmission powers, while offering equivalent protection for existing UWB limits on generic use, Automotive and railway vehicles use and location-tracking equipment. In addition to the recommendations from this report, which should be applied across the EU, the definitions and the technical parameters of these mitigation techniques should also be made binding, as set out in the relevant standards, as these techniques only provide a mitigation effect when used with appropriate operational parameters.

6. UWB equipment onboard aircraft should be permitted only on the condition that they fulfil air safety standards, with appropriate airworthiness certification and other relevant aeronautical provisions, and electronic communication standards. Airworthiness certificates valid throughout the Community are issued by the European Aviation Safety Agency, pursuant to Commission Regulation (EU) No 748/2012⁽⁴⁾.

7. Material sensing devices have a number of uses in detecting and characterising objects and materials or taking pictures of pipes, wires and other intra-wall structures in residential or commercial buildings. CEPT has advised the Commission that more relaxed limits on the use of material sensing devices are possible, as the way they are used, combined with their very low deployment densities and activity factors, further mitigate the possibility of harmful interference to radio-communication services. The revised limits are set out in ECC Decision ECC/DEC/(07)01 of 30 March 2007, as amended on 26 June 2009.

8. Pursuant to Directive 1999/5/EC of the European Parliament and of the Council⁽⁵⁾, the Commission has given mandate M/407 to the European standardisation organisations to draw up a set of harmonised standards. These will cover UWB equipment to be recognised under this Directive, and there will be a presumption of conformity with its requirements. In response to mandate M/407 from the Commission, ETSI has developed the harmonised standards: EN 302 065-1 on common technical requirements for short-range devices using UWB, EN 302 065-2, on requirements for UWB location tracking and EN 302 065-3 on requirements for UWB devices for road and rail vehicles.

9. The Memorandum of Understanding between the ECC and ETSI, signed on 20 October 2004, ensures coordination of the development of harmonised standards and the regulatory conditions for the use of the spectrum relevant to such standards. Technical details of mitigation techniques are set through ETSI-harmonised European standards and ECC Decision (06)04, and these will remain aligned in any subsequent modifications, as set out in the ECC-ETSI Memorandum of Understanding. As a result, the Commission Decision should only list appropriate mitigation techniques.

10. Decision 2007/131/EC should therefore be amended accordingly.

11. The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

HAS ADOPTED THIS DECISION: