23.2.2007 Official Journal of the European Union L 55/33 COMMISSION DECISION of 21 February 2007 on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community (notified under document number C(2007) 522) (Text with EEA relevance) (2007/131/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: The European Council has recognised the significant contribution to growth and jobs by building a fully inclusive information society, based on widespread use of information and communication technologies (ICTs) in public services, SMEs and households (3). With the i2010 initiative, the Commission emphasised ICT as a major driver of competitiveness, growth and jobs (3). The creation of an open and competitive single market for information society equipment and media services within the Community is critical to ICT uptake. The Community regulatory framework for electronic commu- nications services and equipment can enhance competi- tiveness and foster competition in the ICT sector, inter alia by ensuring the timely introduction of new tech- nologies. Ultra-wideband technology, typically characterised by very low power radiation over a very large radio bandwidth, could provide a host of communications, measurement, location, medical, surveillance and imaging applications of benefit to various Community policies, including the information society and the internal market. In this context, it is important to (1) O] L 108, 24.4.2002, p. 1. (3) European Council Conclusions 7619/1/05 Rev. 1 of 23.3.2005. () COM(2005) 229. establish regulatory conditions which will encourage the development of economically viable markets for appli- cations of ultra-wideband technology as commercial opportunities arise. The timely deployment and uptake of applications using ultra-wideband technology within the Community will be assisted by harmonising radio spectrum use rules across the Community, thus establishing an effective single market for these applications, with consequent economies of scale and benefits to the consumer. Although ultra-wideband signals are typically of extremely low power, the possibility of harmful inter- ference with existing radiocommunication services exists and needs to be managed. Therefore, the regulatory framework for use of the radio spectrum for ultra- wideband technology must respect the rights to protection against harmful interference (including access to the radio spectrum by radio astronomy, earth exploration satellite and space research systems) and balance the incumbent services' interests against the overall policy objective of providing favourable conditions for the introduction of innovative tech- nologies for the benefit of society. The use of spectrum is subject to the requirements of Community law for public health protection in particular Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electro- magnetic fields), () and Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (OHz to 300 GHz) (’). Health protection for radio equipment is ensured by conformity of such equipment to the essential requirements pursuant to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and tele- communications terminal equipment and the mutual recognition of their conformity (the R&TTE Directive) (°). (* OJ L 159, 30.4.2004, p. 1, as amended by O] L 184, 24.5.2004, p- 1. () OJ L 199, 30.7.1999, p. 59. ) O] L 91, 7.4.1999, No p- 10. Directive amended by Regulation (EC) 1882/2003 (O] L 284, 31.10.2003, p. 1).