http://www.legislation.gov.uk/id/eudr/2005/49

Commission Directive 2005/49/EC

of 25 July 2005

amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers1, and in particular Article 13(2) thereof,

Having regard to Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles2, and in particular Article 4 thereof,

Whereas:

(1)

Directive 72/245/EEC is one of the separate directives under the type-approval procedure established by Directive 70/156/EEC.

(2)

In order to improve safety of vehicles by encouraging development and deployment of technologies utilising automotive short-range radar equipment, the Commission has harmonised by Commission Decision 2004/545/EC of 8 July 2004 on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community3 and by Commission Decision 2005/50/EC of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community4, the use of two radio spectrum frequency bands.

(3)

The 79 GHz range radio spectrum band has been identified as the most suitable band for long-term development and deployment of automotive short-range radar. Accordingly Decision 2004/545/EC designated and made available for automotive short-range radar equipment the 79 GHz range radio spectrum band on a non-interference and non-protected basis. However, the technology in the 79 GHz range radio spectrum band is still under development and is not immediately available on a cost-effective basis.

(4)

The time-limited use of the 24 GHz range radio spectrum band for automotive short-range radars equipment has been permitted by Decision 2005/50/EC. The technology using this frequency band is available in the short-term at a reasonable cost, which will make it possible to quickly evaluate the effectiveness of the deployment of automotive short-range radar equipment as regards road safety. However, the use of radars of that technology has to be limited to avoid interference with other applications that use the 24 GHz range radio spectrum band.

(5)

Decision 2005/50/EC permits the use of 24 GHz radar equipment only when originally installed in new vehicles or when replacing one so installed and for a period ending 30 June 2013 at the latest. However, according to Article 5 of Decision 2005/50/EC, that date may be advanced.

(6)

In accordance with Decision 2005/50/EC, Member States have to set up a monitoring system aiming to quantify the number of vehicles equipped with 24 GHz short-range radars equipment registered in their territory. It is therefore necessary to provide Member States with the appropriate means to carry out this monitoring.

(7)

Directive 72/245/EEC should therefore be amended accordingly.

(8)

The amendments to Directive 72/245/EEC have an impact on Directive 70/156/EEC. It is therefore necessary to amend that directive accordingly.

(9)

The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Article 13 of Directive 70/156/EEC,

HAS ADOPTED THIS DIRECTIVE: