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CEPT has concluded that protection of the radio astronomy service in the 24 GHz band is bestachieved using automatic deactivation techniques that switch off the SRR when in the vicinityof a radio astronomy site. Even though for an initial period, manual deactivation can beaccepted when penetration of SRRs is still low, the risk of interference would howeverbecome too high should this method be allowed beyond a certain date (the “Transition Date”).Pursuant to a Commission mandate, an ETSI harmonised standard for SRR incorporatingautomatic deactivation is to be finalised by 30 June 2006, including a list of radio astronomysites which would be protected by automatic SRR switch off.In line with the New Approach principles which apply to the R&TTE Directive, theapplication of harmonised standards that gives presumption of conformity remains voluntary.The manufacturer may choose whether or not to refer to the harmonised standard. However, ifthe manufacturer chooses not to follow the harmonised standard, he has the obligation toprove that his product is in conformity with essential requirements, including the avoidance ofharmful interference, by the use of other means of his own choice. Therefore, the automaticdeactivation could be replaced by another method if it demonstrably provides equivalentprotection for radio astronomy stations without driver intervention, in accordance with theprovision of the ECC decision ECC/DEC/(04)10 and notably its “decides 5”. Should such atechnology emerge, ETSI should, under an EC mandate, embed it in a revision of theharmonised standard in close cooperation with CEPT, thereby giving legal certainty tomanufacturers, but also to regulators.By mandating ETSI to introduce advanced protection mechanisms to protect radio astronomysites after the Transition Date it has been established that manufacturers will not be able toclaim compliance with the R&TTE Directive for SRR equipment with manual deactivationafter this date. Vehicles which comply with the harmonised standard will however bepresumed to comply with the R&TTE Directive.In conclusion, the combined effect of the Commission Decision and the application of theR&TTE Directive will ensure that automatic deactivation will be introduced in vehicles inline with the conclusions of CEPT.(7) Reporting and Monitoring of the use of the 24 GHz band by automotive SRRThe work carried out by the CEPT has demonstrated that no harmful interference will likelybe caused to stations of existing radio services in the 24 GHz band as long as the total numberof vehicles equipped with 24 GHz Short-Range Radar registered, placed on the market or putinto service does not exceed the level of 7% of the total number of vehicles in circulation ineach Member State. In this context, objective and proportionate reporting and monitoring arenecessary to ensure, on the basis of concrete evidence, that no harmful interference has beencaused to other stations of existing radio services using the 24GHz band below the thresholdof 7% and that the threshold has not been reached before the Reference Date of 30 June 2013.Data gathered by the Member States and/or the industry shall be used to calculate in aconsolidated report the proportion of vehicles equipped with Short-Range Radar using the 24GHz band compared to the total number of vehicles in circulation in each Member State. Forthe first three years, such report shall be computed on a European Union basis. An acceptableapproximation of this proportion in the above-mentioned report can be provided with thecounting of vehicles equipped with SRR at 24 GHz when they are submitted to the acceptanceprocedure. This counting will not take into account neither the resale of a vehicle from onecountry to another nor the circulation of vehicles through the Member States.6

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