L 187/22 Official Journal of the European Union 19.7.2005 COMMISSION COMMISSION DECISION of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks (WAS/RLANS) (notified under document number C(2005) 2467) (Text with EEA relevance) (2005/513/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having 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(3) thereof, Whereas: (1)  Commission recommendation 2003/203/EC of 20 March 2003 on the harmonisation of the provision of public R-LAN access to public electronic communications networks and services in the Community () recom- mended Member States to allow the provision of public R-LAN access to public electronic communi- cations networks and services in the available 5 GHz band. (2) It also considered that further harmonisation in particular of the 5 GHz band would be necessary in the framework of Decision No 676/2002/EC to ensure that the band be available for R-LAN in all Member States and to alleviate the growing overloading of the 2,4 GHz band designated for R-LAN by Decision (01)07 of the European Radio- communications Committee (*). (3)  The relevant parts of the 5 GHz band have been allocated to the mobile service, except aeronautical mobile service, on a primary basis, in all three Regions of the International Telecommunication Union (ITU) by the World Radiocommunication Conference 2003 (WRC-03), taking into account the need to protect other primary services in these frequency bands. () OJ L 108, 24.4.2002, p. 1. () O] L 78, 25.3.2003, p. 12. (}) ERC Decision (01)07 of 12 March 2001 on harmonised frequencies, technical characteristics and exemption from individual licensing of short range devices used for radio local area networks (RLANS) operating in the frequency band 2 400-2 483,5 MHz. (4)  WRC-03 adopted ITU-R Resolution 229 on the Use of the bands 5 150-5 250, 5250-5 350 MHz and 5 470- 5 725 MHz by the mobile service for the implementation of wireless access systems including radio local area networks’ which was an incentive for further European harmonisation to allow R-LAN systems to rapidly access the European Union. (5)  With a view to such harmonisation, a mandate (*) was issued on 23 December 2003 by the Commission to the European Conference of Postal and Telecommunications Administrations (CEPT), pursuant to Article 4(2) of Decision No 676/2002/EC, to harmonise radio spectrum in the 5 GHz band for use by RLANS. (6) As a result of that mandate, the CEPT, through its Elec- tronic Communications Committee, has defined in its report (°) of 12 November 2004 and in its Decision ECC/DEC(04)08 of 12 November 2004 specific technical and operational conditions for the use of specific frequencies in the 5GHz band, which are acceptable to the Commission and the Radio Spectrum Committee and should be made applicable in the Community in order to ensure the development of WAS/RLANSs on a harmonised basis in the Community. (7)  WAS/RLAN equipment must fulfil the requirements of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (°). Article 3.2 of this Directive  obliges manufacturers to ensure that equipment does not cause harmful interference to other users of the spectrum. () Mandate to CEPT to harmonise technical and, in particular, opera- tional conditions aiming at efficient spectrum use by RLANs in the bands 5 150-5 350 MHz and 5 470-5 725 MHz. (’) CEPT response to the EC mandate to harmonise technical and, in particular, operational conditions aiming at efficient spectrum use by RLANs in the bands 5 150-5 350 MHz and 5 470-5 725 MHz. () O] L 91, 7.4.1999, p. 10.