Article 2
Article 3 of Decision 2006/771/EC is replaced by the following. ‘Article 3 1. Member States shall designate and make available, on a non-exclusive, non-interference and non-protected basis, the frequency bands for the categories of short-range devices, subject to the specific conditions and by the implementation deadline, as laid down in the Annex to this Decision. 2. Notwithstanding paragraph 1, Member States may request the benefit of Article 4(5) of the Radio Spectrum Decision. 3. This Decision is without prejudice to the right of Member States to allow the use of the frequency bands under less restrictive conditions or for short-range devices which are not part of the harmonised category provided that this does not prevent or reduce the possibility for short-range devices of such a category to rely on the appropriate set of harmonised technical and operational conditions, as specified in the Annex to this Decision, which allow the shared use of a specific part of the spectrum on a non-exclusive basis and for different purposes by short range devices of the same category.’