Commission Recommendation of 6 April 2005 on broadband electronic communications through powerlines (Text with EEA relevance)
Date: 2005-04-06
Institutions: European Commission
Subjects: electromagnetic interference, regulation of telecommunications, telecommunications equipment, transmission network

L 93/42

EN

Official Journal of the European Union

12.4.2005

COMMISSION RECOMMENDATION

of 6 April 2005

on broadband electronic communications through powerlines

(Text with EEA relevance)

(2005/292/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

the European
Having regard to Directive 2002/21/EC of
Parliament and of
the Council of 7 March 2002 on a
common regulatory framework for electronic communications
networks and services (the framework Directive) (1), and in
particular Article 19(1) thereof,

Whereas:

(1)

(2)

(3)

the deployment of powerline

The present Recommendation seeks to ensure trans-
parent, proportionate and non-discriminatory conditions
for
communications
systems, and removal of any inappropriate regulatory
include
barriers. Powerline
both equipment and networks.

communications

systems

The EU regulatory framework for electronic communi-
cations aims to create conditions for the competitive
provision of electronic communications networks and
services and ensure that users obtain the maximum
benefit in terms of choice, price and quality. National
authorities have an objective to promote competition
communications
in
electronic
communications
networks, which include powerline
networks. They should thus remove any unjustified regu-
in particular on utility companies, to
latory obstacles,
deploy
communications
operate
networks over their powerlines.

electronic

provision

and

the

of

Deployment of powerline communication systems is
to
subject only to a general authorisation pursuant
Directive 2002/20/EC of the European Parliament and
of the Council of 7 March 2002 on the authorisation
of electronic communications networks and services (the
authorisation Directive) (2). This may include, where
appropriate, obligations provided
in Directive
the Council of 3 May 1989 on the
89/336/EEC of

for

(1) OJ L 108, 24.4.2002, p. 33.
(2) OJ L 108, 24.4.2002, p. 21.

(the

their

rights

relating

of
the

conformity

the European Parliament and of

approximation of laws of the Member States relating to
electromagnetic compatibility (the EMC Directive) (3),
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
terminal
recognition
Directive) (4),
Framework Directive, Directive
2002/22/EC of
the
Council of 7 March 2002 on universal service and
users’
communication
and
networks
Service
Directive) (5)
for emergency communications
such as
the network. With a view to
and the integrity of
avoiding
and
cross-subsidisation
distortion of competition, there may also be obligations
on certain undertakings in accordance with Directive
2003/54/EC of
the
Council of 26 June 2003 concerning common rules
in electricity and repealing
for
Directive 96/92/EC (6),
to keep separate consolidated
accounts
such as
for
powerline communications.

the European Parliament and of

the non-electricity activities,

to electronic
(the

the internal market

discrimination,

Universal

services

Powerline communication networks are cable networks
and as such they are guided media. They do not use
radio frequencies for transmission within the meaning
of Annex B of the Authorisation Directive or Decision
676/2002/EC of
the
Council of 7 March 2002 on a regulatory framework
for
European
radio
Community (7).

the European Parliament and of

spectrum policy

the

in

Powerline communications systems fall within the scope
of the EMC Directive. The term ‘apparatus’ as defined in
the EMC Directive means all electrical and electronic
appliances together with equipment and installations
containing
components.
Powerline communications systems are considered as
fixed installations and can only be put into service if
they comply with the Directive.

electronic

electrical

and/or

(4)

(5)

(3) OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive

93/68/EEC (OJ L 220, 30.8.1993, p. 1).

(4) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(5) OJ L 108, 24.4.2002, p. 51.
(6) OJ L 176, 15.7.2003, p. 37. Directive as amended by Council

Directive 2004/85/EC (OJ L 236, 7.7.2004, p. 10).

(7) OJ L 108, 24.4.2002, p. 1.

12.4.2005

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Official Journal of the European Union

L 93/43

(6)

(7)

(8)

(9)

the

systems,

is impractical

communications

cabling
In powerline
involved may already be in service for other uses, and
networks may be subject to constant alteration. These
characteristics,
together with the specific nature of
unwanted radiated emissions along wireline systems,
means that
to carry out measurements
on a complete system, and an ex-post model for inter-
ference management of wireline systems with radio
systems is appropriate,
in accordance with the EMC
Directive. Therefore, a network made up of equipment
compliant with the EMC Directive and used for
its
intended purpose, which is
installed and operated
according to good engineering practices designed to
meet the essential requirements of the EMC Directive,
should be considered compliant with the requirements
of the EMC Directive. The documented good engineering
practices should include targeted in-situ measurements,
demonstrating that the objectives of the EMC Directive
are met in respect of unwanted radiated emissions, espe-
cially in situations where interference is more likely to
occur.

This approach shall not prevent Member States from
taking special measures for safety reasons concerning
the putting into service or use of equipment to protect
public telecommunication networks or receiving or trans-
mitting stations used for safety purposes in well-defined
spectrum situations, in accordance with Article 6 of the
EMC Directive.

the competent authorities

the interference caused by a powerline communi-
If
system can not be resolved by the parties
cations
concerned,
should request
evidence of compliance of the system concerned and,
where appropriate,
initiate a further assessment. That
assessment should include a verification of compliance
of
If non-
the
compliance
authorities
should impose proportionate, non-discriminatory and
transparent enforcement measures to bring the system
into compliance.

the EMC Directive.

system under

competent

identified,

the

is

If a system is deemed compliant but
is nevertheless
creating harmful interference, the competent authorities
the Member States should take special measures
of
according to Article 6 of
the EMC Directive, with a
taken
view to resolving such interference. Measures
should be proportionate, non-discriminatory and trans-
parent.
In examining the proportionality of measures,
Member States should take into account economic and
social aspects of the services involved. Member States
may also take into account the technical capability of
modern powerline communications equipment to allow
for a timely resolution of
interference problems by
reducing emissions at the specific interfering frequencies
and places by so-called ‘notching’.

(10)

In order to achieve a consistent application of either
enforcement measures or of special measures under
Article 6 of the EMC Directive, the competent authorities
should exchange information between themselves and
the Commission.

(11)

(12)

This approach, combined with regular and detailed inter-
ference reporting, will allow for further test results and
experiences to be gathered on the roll-out of powerline
in particular in view of the
communications networks,
the radio spectrum. The
the use of
protection of
frequency of reporting should be semi annually initially,
but may be varied depending on the results obtained.

In 2001 the Commission called upon the European Stan-
dardisation Organisations (ESOs)
to draft harmonised
European standards for wireline networks to include
digital subscriber line (DSL), coaxial cable, Ethernet and
powerline communications networks (1). However,
the
work of
In
the ESOs has not yet been completed.
order to facilitate the development of a harmonised
European standard for wireline networks and apparatus,
national authorities should monitor developments in
close cooperation with market players.

(13)

The Communications Committee has been consulted in
accordance with the procedure referred to in Article
22(2) of the Framework Directive,

HEREBY RECOMMENDS:

1. Member States should apply the following conditions and
principles to the provision of publicly available broadband
powerline communications systems.

2. Without prejudice to the provisions of points 3 to 5,
Member States should remove any unjustified regulatory
from utility companies, on the
obstacles,
deployment
communications
systems and the provision of electronic communications
services over such systems.

in particular

broadband

powerline

of

(1) Standardisation mandate addressed to CEN, CENELEC and ETSI
concerning
EMC
harmonised standards for telecommunications networks, Mandate
M/313, 7 August 2001.

electromagnetic

compatibility

(EMC)

on

L 93/44

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Official Journal of the European Union

12.4.2005

3. Until standards to be used for gaining presumption of
conformity for powerline communications systems have
been harmonised under Directive 89/336/EEC, Member
States should consider as compliant with that Directive a
powerline communications system which is:

— made up of equipment compliant with the Directive and

used for its intended purpose,

— installed and operated according to good engineering
practices designed to meet the essential requirements of
the Directive.

The documentation on good engineering practices should be
held at the disposal of the relevant national authorities for
inspection purposes as long as the system is in operation.

4. Where it is found that a powerline communications system
is causing harmful interference that can not be resolved by
the parties concerned,
the
Member State should request evidence of compliance of
initiate an assessment.
the system and, where appropriate,

the competent authorities of

5. If

the

leads

assessment

to an identification of non-
compliance of the powerline communications system, the
competent authorities should impose proportionate, non-
discriminatory and transparent enforcement measures to
ensure compliance.

6. If

the powerline communications
there is compliance of
system but nevertheless
the
the
competent authorities of the Member State should consider
taking special measures in accordance with Article 6 of the
Directive 89/336/EEC in a proportionate, non-discriminatory
and transparent manner.

interference

remains,

7. Member States

should report

to the Communications
Committee on a regular basis on the deployment and
operations of powerline communications systems in their
territory. Such reports should include any relevant data
(including measurement data,
about disturbance
levels and other data useful for the
related injected signal
drafting of a harmonised European standard),
interference
related to
enforcement measures
problems
powerline communications systems. The first such report is
due on 31 December 2005.

and any

levels

8. This Recommendation is addressed to the Member States.

Done at Brussels, 6 April 2005

For the Commission

Viviane REDING
Member of the Commission