(fra kommisjonsbeslutningen)

(1) Radiodetermination devices using the sub-terahertz 116-260 GHz frequency band, such as sensors and radars, are short-range devices. They are suitable for a range of uses fulfilling various measurement and detection tasks in industrial automation, such as measuring and determining physical characteristics like presence, distance, velocity or material properties of a target object, in order to support digitisation of industrial production. For instance, vehicular radars can be used for driving assistance, contactless gesture control, presence detection, and vital sign monitoring. New semiconductor technologies are available that can make use of spectrum above 100 GHz and thus enable further development of radiodetermination devices. 

(2) The European Conference of Postal and Telecommunications Administrations (ʻCEPTʼ) has conducted coexistence studies concerning radiodetermination devices using the 116-260 GHz frequency band and radiocommunication services (Radio Astronomy Service, Fixed Service, Earth Exploration Satellite Service passive and Amateur Service) operating in the same frequency band and in adjacent bands. Radiodetermination devices using the 116-260 GHz frequency band should be installed and used outside defined exclusion zones and, where appropriate, exterior vehicular radars should reduce their power in defined restriction zones in order to protect radio astronomy service stations according to the harmonised technical conditions set out in this Decision. 

(3) The permanent mandate issued to the CEPT, pursuant to Article 4(2) of Decision No 676/2002/EC, includes updating the Annex to Commission Decision 2006/771/EC2 on short-range devices, in order to reflect technological and market developments. The CEPT response to that mandate also included a report3 of 8 March 2024. In that report, the Commission was invited to consider a separate Decision on radiodetermination applications in the 116-260 GHz frequency band, considering that harmonised technical conditions for radiodetermination applications in that band should not be part of the Annex to Decision 2006/771/EC, as the format of these conditions is not compatible with that of the harmonised technical conditions for short-range devices referred to in the Annex to that Decision. 

(4) The CEPT report proposes to harmonise technical conditions for the use of radio spectrum by the following eight categories of radiodetermination applications: (i) generic indoor surveillance radars; (ii) radiodetermination systems for industry automation; (iii) level probing radars; (iv) contour determination and acquisition radars; (v) tank level probing radars; (vi) radiodetermination systems for industry automation in shielded environments; (vii) exterior vehicular radars; and (viii) in-cabin vehicular radars. 

(5) As radiodetermination applications use spectrum with low emission power and shortrange emission capability, their potential to cause interference to other spectrum users is limited. They can share frequency bands with other services without causing harmful interference and can coexist with other short-range devices. Their use of spectrum should therefore not be subject to any individual right to use parts of the 116-260 GHz frequency band, if the harmonised technical conditions set out in this Decision are met. As a result, radiodetermination applications that satisfy those harmonised technical conditions should be subject to no more than a general authorisation under national law. 

(6) The notion of ‘designating and making available’ in the context of this Decision refers to the following steps: (i) adapting the national frequency allocation/utilisation plan or table, to include the intended use of the band under the harmonised technical conditions of this Decision; and (ii) taking all necessary steps to ensure that the use of the band by the radiodetermination applications is allowed, thereby letting potential users know that such applications could be used under the harmonised technical parameters. The latter includes preparing the band for its intended use by: (i) adopting the appropriate legal framework in order to allow the use of the spectrum in accordance with the harmonised technical conditions; and (ii) if that spectrum use is subject to general authorisation in a Member State, adopting the national legal measure that subjects the radiodetermination applications to a general authorisation, setting out the harmonised technical conditions of use. 

(7) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,