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eSafety Compendium

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The timescales for the designation of a frequency band for the temporary solution as wellas for the permanent solution should therefore be linked to the legal certainty to beprovided by the TCAM/Radio Spectrum Committee and the European Commission.The intention with this CEPT Report to the Commission is twofold:- to clarify the frequency management issues regarding the designation offrequency bands for SRR equipment;- to provide requirements for necessary legal certainty to the Radio SpectrumCommittee and the European Commission.Some of the legal initiatives may be taken after the delivery of the final CEPT Reportand after final adoption of the ECC Decision.Availability of frequency bands for SRR systems within all EU member states isexpected as a consequence of the relevant EC Decision together with the required legalcertainty.It was however questioned whether the R&TTE Directive would be the appropriate toolfor such a regulation. The possible use of the Automotive Directive was suggested as thisDirective is still based on the concept of type approval.7.2 Requirement for legal certaintyIn particular the following issues need detailed regulation and legal certainty:a) Stop placing on the market of radio equipment after the reference date butcontinued use for vehicles already equipped.b) Forbidding of after-market sales should be defined and legal certainty providedby the European Commission.c) Legal certainty of the availability of the 79 GHz range band within all EUmember states. ECC/DEC/(04)03 has been finally adopted by the ECC atits March 2004 meeting.d) Legal certainty of the availability of the 24 GHz range within all EU memberstates.31

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