BAKGRUNN (fra kommisjonsbeslutningen)

(1) Short-range devices are typically mass-market or portable radio equipment, or both, that can easily be carried and used across borders. Differences in spectrum access conditions risk creating harmful interference with other radio applications and services, prevent their free movement, and increase their production costs. 

(2) Commission Decision 2006/771/EC and Commission Implementing Decision (EU) 2018/1538 constitute the regulatory framework for short-range devices, which supports innovation for a wide range of applications within the digital single market. 

(3) Decision 2006/771/EC harmonises the technical conditions for spectrum use for a wide variety of short-range devices in application areas such as alarms, local communications, telecommand, medical implants and medical data gathering, intelligent transport systems and the ‘Internet of Things’ including radio-frequency identification (‘RFID’). As a result, short-range devices that respect these harmonised technical conditions are subject to no more than a general authorisation under national law. 

(4) Commission Implementing Decision (EU) 2018/1538 also harmonises the technical conditions for spectrum use by short-range devices within the 874-874.4 and 915- 919.4 MHz frequency bands. In these frequency bands, the sharing environment is different from the rest of the radio spectrum used by short-range devices and requires a specific regulatory regime. That Decision enables technically advanced RFID solutions as well as ‘Internet of Things’ applications based on networked short-range devices in data networks. 

(5) New applications for short-range devices regularly emerge due to the growing importance of these devices for the economy and the rapid changes in technology and societal demands. Such applications require regular updates of harmonised technical conditions for spectrum use. 

(6) Based on the permanent mandate that the Commission has issued to the European Conference of Postal and Telecommunications Administrations (‘the CEPT’) in July 2006, pursuant to Article 4(2) of Decision No 676/2002/EC, the Annex to Decision 2006/771/EC should be updated in order to reflect technological and market developments in the area of short-range devices. That Annex has been amended eight times. The work carried out on the basis of the permanent mandate to the CEPT was also the basis for Implementing Decision 2018/1538/EU providing additional spectrum for short-range devices within the 874-874.4 and 915-919.4 MHz frequency ranges. 

(7) On 21 October 2021, the Commission issued a guidance letter for the nineth update cycle. In response to the permanent mandate to the CEPT and in accordance with that guidance, the CEPT submitted Report 85 to the Commission on 8 March 2024. In addition to improvements of existing entries applicable to active medical implants, RFID, voice and video applications and assistive listening devices, the CEPT proposes to add new entries to the Annex to Decision 2006/771/EC. Those new entries enable the use of spectrum by ground-based Synthetic Aperture Radar (‘SAR’) systems and security scanners. The report should therefore form the technical basis for this Decision. 

(8) In Report 85, the CEPT also proposed to include in the Annex to Decision 2006/771/EC technical conditions applicable to audio devices for programme making and special events (‘audio PMSE devices’) that use 32.3 MHz of harmonised spectrum in the 800 MHz and 1800 MHz frequency bands and recommended that Commission Implementing Decision 2014/641/EU is repealed. 

(9) The Commission, in its Communication of 26 September 2012 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, recognised cultural and creative industries as one of Europe’s most dynamic economic sectors and an essential driver of cultural diversity in Europe. In particular, Article 8(5) of Decision No 243/2012/EU of the European Parliament and of the Council, stresses the importance of PMSE and requires Member States, in cooperation with the Commission, to seek to ensure the necessary frequency bands for such equipment, in accordance with the Union’s objectives to improve the integration of the internal market and access to culture. 

(10) The requirements for social and cultural events will often exceed the amount of 32.3 MHz available in the 800 MHz and 1800 MHz frequency bands. Since the spectrum requirements for audio PMSE use vary significantly, there is a need to ensure at Union level the availability of at least 62.3 MHz of sustainable spectrum to meet recurring ordinary needs for users of audio PMSE devices. 

(11) The additional amount of at least 30 MHz of spectrum to meet possible demand for audio PMSE applications at social and cultural events should be selected from tuning ranges to be decided by Member States, preferably in the 470-790 MHz spectrum range. 

(12) Short-range devices operating within the conditions set out in this Decision should also comply with Directive 2014/53/EU of the European Parliament and of the Council. 

(13) Decision 2006/771/EC should therefore be amended and Implementing Decision 2014/641/EU should be repealed accordingly. 

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