This statement confirms that, following a formal consultation process, the Wireless Telegraphy (Radio Frequency Identification Equipment) (Exemption) Regulations 2005 (the “2005 Regulations”) have been amended. Ofcom was required to make changes to the 2005 Regulations in order to comply with a European Commission Decision (the “Decision”) whose implementation is mandatory for all European Union (“EU”) Member States by 23 May 2007.
To implement the required changes, Ofcom has made a new Statutory Instrument, the Wireless Telegraphy (Radio Frequency Identification Equipment) (Exemption) (Amendment) Regulations 2007 (the “Amendment Regulations”). Ofcom consulted on the Amendment Regulations in a Notice published on 6 March 2007. The consultation closed on 10 April 2007; Ofcom received no responses.
The Amendment Regulations enter into force on 14 May 2007 and remove the technical restrictions relating to the operation of a Listen Before Talk (“LBT”) polite protocol, the duration of signals and the shape of signal beams. The European Commission considered, and Member States agreed, that it was not necessary to mandate these restrictions through the Decision since the use of radio frequency identification (“RFID”) devices must comply with the essential requirements of the Radio and Telecommunications Terminal Equipment (“R&TTE”) Directive to ensure protection of other spectrum users. This compliance can be achieved through the use of relevant Harmonised Standards (EN 302 208) or by using the same level of protection as the Harmonised Standard.