Commission Implementing Decision (EU) 2020/1426 of 7 October 2020 on the harmonised use of radio spectrum in the 5 875-5 935 MHz frequency band for safety-related applications of intelligent transport systems (ITS) and repealing Decision 2008/671/EC (notified under document C(2020) 6773) (Text with EEA relevance)

The purpose of this Decision is to harmonise the conditions for the availability and efficient use of frequency band 5875-5935 MHz for safety-related applications of Intelligent Transport Systems (ITS).

For the purposes of this Decision, the following definitions shall apply: (1) ‘intelligent Transport Systems’ or ‘ITS’ means a range of systems and services, based on information and communications technologies, including processing, control, positioning, communication and electronics, that are applied to a road transportation system or an urban rail transportation system, or both; (2) ‘road intelligent transport systems’ or ‘road ITS’ means intelligent transport systems applied to any kind of road-based transport (including in off-road use cases) that enable safety communications between vehicles (V2V) and between infrastructure and vehicles (I2V). ITS applied to railway lines not separated from road or pedestrian traffic (such as tramways and light rail) are also considered a part of road ITS; (3) ‘urban rail intelligent transport systems’ or ‘urban rail ITS’ means intelligent transport systems applied to urban or suburban railway lines permanently guided by at least one control and management system, separated from road and pedestrian traffic; (4) ‘mean equivalent isotropically radiated power’ or ‘mean e.i.r.p’ means e.i.r.p. during the transmission burst which corresponds to the highest power.

1 Member States shall, no later than 30 June 2021, designate the frequency band 5875-5935 MHz for intelligent transport systems and limit it to urban rail ITS in 5925-5935 MHz. Following that designation, Member States shall, as soon as reasonably practicable, make that frequency band available on a non-exclusive basis. Such designation shall comply with the parameters set out in the Annex.

2 Road ITS applications shall have priority below 5915 MHz and urban rail ITS applications shall have priority above 5915 MHz, so that protection is afforded to the application having priority.

3 Access by road ITS to the frequency range 5915-5925 MHz shall be limited to applications involving infrastructure-to-vehicle (I2V) connectivity only, coordinated, where appropriate, with urban rail ITS.

4 Access by urban rail ITS to the frequency range 5925-5935 MHz shall be on a shared basis and subject to national circumstances and demand for urban rail ITS including coordination with fixed service.

The scope and means of application of this Decision shall be reviewed as soon as market developments and evolution of standards and technology justify such a review or at the latest by 30 September 2023.

Member States shall report to the Commission on the implementation of Article 3 of this Decision by 30 September 2022.

Decision 2008/671/EC is repealed.

This Decision is addressed to the Member States.