CELEX: 
Language: en
Date: 2020-07-20 00:00:00
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... on specifying the characteristics of small-area wireless access points pursuant to Article 57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and the Council of 11 December 2018 establishing the European Electronic Communications Code

EUROPEAN
                             COMMISSION
                                                       Brussels, 20.7.2020
                                                       C(2020) 4872 final
                COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                           of 20.7.2020
    on specifying the characteristics of small-area wireless access points pursuant to Article
   57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and the Council
      of 11 December 2018 establishing the European Electronic Communications Code
                                    (Text with EEA relevance)
                                      {SWD(2020) 139 final}
EN                                                                                             EN
 ---pagebreak---                      COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                                      of 20.7.2020
     on specifying the characteristics of small-area wireless access points pursuant to Article
   57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and the Council
         of 11 December 2018 establishing the European Electronic Communications Code
                                             (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive (EU) 2018/1972 of the European Parliament and of the Council of
   11 December 2018 establishing the European Electronic Communications Code1, and in
   particular Article 57(2) thereof,
   Whereas:
   (1)       As recognised by Directive (EU) 2018/1972, since low power small-area wireless
             access points are likely to have a positive impact on the use of radio spectrum and on
             the development of wireless communications in the Union, the deployment of small-
             area wireless access points should be facilitated through a permit-exempt deployment
             regime.
   (2)       A small-area wireless access point comprises different operational elements, such as a
             signal processing unit, a radiofrequency unit, an antenna system, cable connections
             and casing. In some cases, the antenna system or portions thereof could be installed
             separately from the other elements of a small-area wireless access point and connected
             by one or more dedicated cables. This concept is used for distributed antenna systems
             or a distributed radio system used by one or multiple operators. A small-area wireless
             access point may be designed to serve two or more radio spectrum users.
   (3)       In order to ensure public acceptance and sustainable deployment, small-area wireless
             access points subject to the second subparagraph of Article 57(1) of Directive (EU)
             2018/1972 should have minimal visual impact. To achieve this, they should be either
             invisible to the general public or mounted in a visually non-obtrusive way onto their
             supporting structure. Their operation should also ensure a high level of protection of
             public health, as laid down in Council Recommendation 1999/519/EC2.
   (4)       Directive 2014/53/EU of the European Parliament and of the Council 3 provides that
             radio equipment, including a small-area wireless access point, is to be constructed so
             as to ensure the protection of people’s health and safety.
   1
             OJ L 321, 17.12.2018, p. 36.
   2
             Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general
             public to electromagnetic fields (0 Hz to 300 GHz) (OJ L 199, 30.7.1999, p. 59).
   3
      Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of
      the laws of the Member States relating to the making available on the market of radio equipment and repealing
      Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
EN                                                          1                                                       EN
 ---pagebreak---    (5)     The physical and technical characteristics of small-area wireless access points subject
           to the second subparagraph of Article 57(1) of Directive (EU) 2018/1972 should
           therefore be defined in terms of maximum volume, restrictions on weight and
           maximum emission power. The choice of maximum volume to delimit the visual
           impact of a small-area wireless access point should allow design flexibility and
           adaptability to the physical and technical characteristics of the supporting structure.
   (6)     The study for the Commission “Light Deployment Regime for Small-Area Wireless
           Access Points (SAWAPs)4” demonstrates that a volume limit of 30 litres should be
           sufficient to contain the main elements of a small-area wireless access point, while
           ensuring its unobtrusive character. That maximum volume should apply to any
           deployment of a small-area wireless access point serving one or more radio spectrum
           users, as well as of multiple small-area wireless access points sharing an infrastructure
           site of small surface, such as a light pole, a traffic light, a billboard or a bus stop,
           which due to its physical dimensions or dense replication in a given area, or both, is
           likely to generate visual clutter.
   (7)     Small-area wireless access points should comply with the European standard EN
           62232:20175 “Determination of RF field strength, power density and specific
           absorption rate (SAR) in the vicinity of radiocommunication base stations for the
           purpose of evaluating human exposure”. That standard provides a methodology for the
           installation of base stations taking into account their emission power for the purpose of
           evaluating human exposure to the electro-magnetic fields (‘EMF’) and is in
           compliance with the limits set in Recommendation 1999/519/EC. That standard is also
           referenced in Section 6.1 of the European harmonised standard EN 50401:2017
           “Product standard to demonstrate the compliance of base station equipment with
           radiofrequency electromagnetic field exposure limits (110 MHz - 100 GHz), when put
           into service”, in relation to the assessment of the compliance of wireless access point
           put into service in its operational environment with the EMF exposure limits set in
           Recommendation 1999/519/EC.
   (8)     Standard EN 62232:2017 applies to all type of base stations divided into five
           installation classes corresponding to different limits of their equivalent isotropical
           radiated power (EIRP) of a few milliwatt (Class E0), 2 Watt (Class E2), 10 Watt
           (Class E10), 100 Watt (Class E100) and above 100 Watt (Class E+) respectively. Out
           of those classes, considering the installation safety distances to be respected under that
           standard and since Directive (EU) 2018/1972 provides that small-area wireless access
           points should be low power equipment, this Regulation should only apply to the
           installation classes E0, E2 and E10. Table 2 of clause 6.2.4 of EN 62232:2017 requires
           that the lowest radiating part of the antenna of a Class E10 has a height of at least 2.2
           meters above the general public walkway to ensure a distance of at least 20 cm
           between the main antenna lobe and the human body of a 2 m tall person6.
   (9)     For aesthetic reasons, the indoor installation of small-area wireless access points of
           Class E10, which are likely to utilise the maximum volume limit of 30 litres, should be
           allowed only in large indoor spaces with a ceiling height of at least 4 metres, such as
           museums, stadiums, convention centres, airports, metro-transport stations, railway
           stations, or shopping centres.
   4
     Smart 2018/0017, https://op.europa.eu/en/publication-detail/-/publication/463e2d3d-1d8f-11ea-95ab-
     01aa75ed71a1/language-en/format-PDF/source-112125706
   5
            Applicable to the frequency range 110 MHz-100 GHz.
   6
            Annex C.3 to EN 62232:2017.
EN                                                        2                                             EN
 ---pagebreak---    (10)     A small-area wireless access point should not endanger the stability of the whole
            support structure it is installed on, and therefore not impose, due to its weight or shape,
            any structural reinforcement of the support structure used.
   (11)     In order to allow supervision and monitoring by the competent authorities, in
            particular in cases of multiple adjacent or co-located small-area wireless access points,
            any operator which deploys small-area wireless access points of Classes E2 or E10 in
            compliance with the characteristics laid down in this Regulation, should inform the
            competent authority about the installation in a timely manner. To this end, the operator
            should submit, no later than two weeks after the installation, a notification to the
            competent authority about the installation, which includes the location and the
            technical characteristics of those access points as well as a statement of compliance of
            the installation with the provisions of this Regulation. In order to ensure an easy
            process in all Member States, this notification should be submitted to a single
            information point, such as the one established pursuant to Directive 2014/61/EU of the
            European Parliament and of the Council7.
   (12)     This Regulation should be without prejudice to the powers of the Member States to
            determine the aggregate levels of EMF resulting from the colocation or the
            aggregation in a local area of small-area wireless access points covered by the second
            subparagraph of Article 57(1) of Directive (EU) 2018/1972, as well as other types of
            base stations, in order to ensure their compliance with applicable aggregate exposure
            limits in accordance with Union law by means other than individual permits related to
            the deployment of small-area wireless access points.
   (13)     As further development of the relevant standards is foreseen, if they are to cover
            small-area wireless access points employing active antenna systems, such access
            points should not fall in the scope of the permit-exempt deployment regime at this
            stage.
   (14)     The application of this Regulation should be regularly monitored in order to facilitate
            its review taking into account any update of the European standard EN 62232 or other
            relevant developments in standardisation, in particular with regard to the use of active
            antenna systems, the technological evolution with regard to the state-of-the-art
            technology of the small-area wireless access points, the needs to support multiple
            bands and shared (multi-operator) solutions, as well as any update of Recommendation
            1999/519/EC.
   (15)     This Regulation should be without prejudice to national measures regarding safety,
            utility supply, respect of private property including the right of owners to determine
            the use of their property, as well as regarding the rights of way related to the
            connection of the small-area wireless access point with wide-area network in
            compliance with Union law.
   (16)     This Regulation should be without prejudice to the application of any less restrictive
            regimes at national level for the deployment of small-area wireless access points.
   (17)     As Directive (EU) 2018/1972 becomes applicable from 21 December 2020, this
            regulation should apply from the same date.
   7
            Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to
   reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 23.5.2014, p. 1).
EN                                                       3                                                   EN
 ---pagebreak---    (18)   The measures provided for in this Regulation are in accordance with the opinion of the
          Communications Committee,
   HAS ADOPTED THIS REGULATION:
                                                Article 1
   This Regulation lays down the physical and technical characteristics of small-area wireless
   access points referred to in the second subparagraph of Article 57(1) of Directive (EU)
   2018/1972.
   This Regulation shall not apply to small-area wireless access points with an active antenna
   system.
                                                Article 2
   For the purposes of this Regulation, the following definitions shall apply:
   (1)      ‘equivalent isotropicalally radiated power (EIRP)’ means the product of the power
            supplied to the antenna and the antenna gain in a given direction relative to an
            isotropic antenna (absolute or isotropic gain);
   (2)      ‘antenna system’ means a hardware part of a small-area wireless access point that
            radiates radio frequency energy for the purpose of providing wireless connectivity to
            end users;
   (3)      ‘active antenna system (AAS)’ means an antenna system where the amplitude or
            phase, or both, between antenna elements is continually adjusted resulting in an
            antenna pattern that varies in response to short term changes in the radio
            environment; this excludes long-term beam shaping such as fixed electrical down tilt;
            in a small-area wireless access point equipped with an AAS, the latter is integrated as
            part of the small-area wireless access point;
   (4)      ‘indoor’ means any space, including transportation vehicles, that has a ceiling or roof
            or any fixed or moveable structure or device which is capable of covering all that
            space, and except for doors, windows and passageways, is wholly enclosed by walls
            or sides, either permanently or temporarily, regardless of the type of material used
            for the roof, wall or sides, and regardless of whether the structure is permanent or
            temporary;
   (5)      ‘outdoor’ means any space which is not indoor.
                                                Article 3
   (1)      Small-area wireless access points referred to in the second subparagraph of Article
            57(1) of Directive (EU) 2018/1972 shall comply with the requirements of the
            European standard laid down in point B of the Annex to this Regulation and
            shall either:
            (a)    be fully and safely integrated in their supporting structure and therefore
                   invisible to the general public; or
            (b)    meet the conditions set out in point A of the Annex to this Regulation.
EN                                                   4                                              EN
 ---pagebreak---    (2)       Paragraph 1 is without prejudice to powers of the Member States to determine the
             aggregate levels of electro-magnetic fields resulting from the colocation or the
             aggregation in a local area of small-area wireless access points, and to ensure
             compliance with applicable aggregate electro-magnetic fields exposure limits in
             accordance with Union law by means other than individual permits related to the
             deployment of small-area wireless access points.
   (3)       Operators which have deployed small-area wireless access points of Classes E2 or
             E10 complying with the conditions laid down in paragraph 1, shall notify the
             national competent authority within two weeks from the deployment of each such
             point about the installation and location of those access points as well as the
             requirements they meet in accordance with that paragraph.
                                               Article 4
   Member States shall regularly monitor and report to the Commission, the first time by 31
   December 2021, and each year thereafter, on the application of this Regulation, in particular
   on the application of Article 3(1), including on the technologies used by the small-area
   wireless access points deployed.
                                               Article 5
   This Regulation shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
   It shall apply from 21 December 2020.
   This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 20.7.2020
                                                 For the Commission
                                                 The President
                                                 Ursula VON DER LEYEN
EN                                                 5                                                EN
 ---documentbreak---                              EUROPEAN
                             COMMISSION
                                                       Brussels, 20.7.2020
                                                       C(2020) 4872 final
                                                       ANNEX
                                             ANNEX
                                               to the
                      COMMISSION IMPLEMENTING REGULATION
    on specifying the characteristics of small-area wireless access points pursuant to Article
   57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and the Council
      of 11 December 2018 establishing the European Electronic Communications Code
                                      {SWD(2020) 139 final}
EN                                                                                             EN
 ---pagebreak---                                         ANNEX
A. Conditions referred to in point (b) of Article 3 (1)
1. The total volume of the part visible to the general public of a small-area wireless
   access point serving one or more radio spectrum users shall not exceed 30 litres.
2. The total volume of the parts visible to the general public of multiple separate small-
   area wireless access points sharing the same infrastructure site of an individual
   delimited surface such as a light pole, a traffic light, a billboard or a bus stop, shall not
   exceed 30 litres.
3. In the cases where the antenna system and other elements, such as a radiofrequency
   unit, a digital processor, a storage unit, a cooling system, power supply, cabling
   connections, backhaul elements or elements for earthing and fixation, of the small-area
   wireless access point are installed separately, any portion thereof in excess of 30 litres
   shall be invisible to the general public.
4. The small-area wireless access point shall have visual consistency with the supporting
   structure and have a proportionate size relative to the overall size of the supporting
   structure, coherent shape, neutral colours to match or to blend with the supporting
   structure, and concealed cables, and shall not, together with other small-area wireless
   access points that are already installed in the same site or in adjacent sites, create
   aggregate visual clutter.
5. The weight of a small-area wireless access point and its shape shall not impose a
   structural reinforcement of the supporting structure.
6. A small-area wireless access point of the installation class E10 shall be only deployed
   in outdoor or in large indoor spaces, which have a ceiling height of at least 4 m.
B. Requirements of European standard referred to in Article 3 (1)
1. Deployment of small-area wireless access points shall be in accordance with the
   installation classes E0, E2 and E10 of Table 2 of clause 6.2.4 of the European standard
   EN 62232:2017 “Determination of RF field strength, power density and specific
   absorption rate (SAR) in the vicinity of radiocommunication base stations for the
   purpose of evaluating human exposure”.
2. In the case of multiple co-located antenna systems (or portions thereof) of one or more
   small-area wireless access points subject to this Regulation, the criteria for the EIRP
   contained in the standard referred to in point 1 shall apply to the sum of EIRP of all
   co-located antenna systems (or portions thereof).