{
  "url": "https://openlegislation.uk/eu-decision-2007-346/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2007-346/introduction.json",
  "legislation": "eudn/2007/346",
  "legislation_title": "Commission Decision of 16 May 2007 granting a derogation requested by France pursuant to Decision 2006/804/EC on harmonisation of the radio spectrum for radio frequency identification (RFID) devices operating in the ultra high frequency (UHF) band (notified under document number C(2007) 2084) (Only the French text is authentic) (2007/346/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2007-346",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 16 May 2007\ngranting a derogation requested by France pursuant to Decision 2006/804/EC on harmonisation of the radio spectrum for radio frequency identification (RFID) devices operating in the ultra high frequency (UHF) band\n(notified under document number C(2007) 2084)\n(Only the French text is authentic)\n(2007/346/EC)\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving 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), and in particular Article 4(5) thereof,\nHaving regard to Commission Decision 2006/804/EC of 23 November 2006 on harmonisation of the radio spectrum for radio frequency identification (RFID) devices operating in the ultra high frequency (UHF) band, and in particular Article 3(2) thereof,\nWhereas:\n(1)\nConsidering that Decision 2006/804/EC would affect the 865,6-867,6 MHz frequency band, France has introduced a request for a transitional derogation to this Decision on the ground that this band is currently used exclusively and directly for equipment dedicated to public security and defence purposes which does not tolerate high levels of emissions within a certain geographical range.\n(2)\nFrance has therefore requested the possibility to limit the emission levels in that band in certain zones below the levels defined by Decision 2006/804/EC.\n(3)\nFrance has provided sufficient technical justification to its request, based in particular on compatibility studies from the Agence Nationale des Fréquences and of CEPT and taking into account factors of harmful interference between RFID and military equipment such as emission power, density and duty cycles.\n(4)\nWhile the request seeks a minimum of protection for military equipment, it does not impose unnecessary restraints in terms of frequency band or geographical coverage. Only a very limited part of the territory of France would be concerned; it does not unduly prevent activities around urban areas and the areas involved would be rural and would not overlap with major towns. RFID would still be permitted in the designated areas, albeit with a reduced power level. Overall, the derogation would in effect not significantly impact on the deployment of RFID technology in France.\n(5)\nThe limitation should remain exceptional and be allowed for a limited period of time. France would report on the evolution of technology and usage by its military forces and on the implementation of the limitation after three years. The report would include any fact or measurement during the three year period.\n(6)\nFrance has indicated that it would adopt new military equipment which would be compatible with the emission levels of Commission Decision 2006/804/EC as soon as new technology would be available; considering the time necessary for technology development, France has indicated that it may wish to apply for three year-renewals of this derogation, until 2020 at the latest. However, it remains that such derogation is exceptional and any extension thereof should be properly justified and necessary.\n(7)\nThe members of the Radio Spectrum Committee have indicated at the meeting of the Committee on 4 and 5 December 2006 that they do not object to this transitional derogation.\n(8)\nThe requested limitation would not unduly defer implementation of Decision 2006/804/EC or create undue differences in the competitive or regulatory situations between Member States. The request is justified and a transitional derogation would be appropriate to facilitate the full implementation of Decision 2006/804/EC,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 108, 24.4.2002, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 329, 25.11.2006, p. 64."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2007/346/introduction",
    "retrieved_at": "2026-11-01T15:17:11.294975+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}