Proliferation of EMC non-compliant products by KPN (Koninklijke)
Dear Enterprise and Industry (ENTR),
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
It has become public domain that the Dutch telecoms provider KPN (Koninklijke) has begun shipping in-house powerline networking products (PLT, Powerline Technology) which is in blatant breach of the essential requirements of the European EMC Directive and of EN55022. It has also become very apparent that EU Regulators are failing to adhere to their statutory duty and are no longer an appropriate route to make a complaint.
KPN is shipping PLT adapters which have specifically had the protection for amateur radio bands removed - these protections are mandated in 2004/108/EC which specifically requires that amateur radio and broadcast radio is protected. In addition, the bulk of the HF spectrum is protected from PLT by ITU-R SM.1897-2 (August 2013). There is already widespread PLT interference across Europe in the broadcast portions of the shortwave spectrum. It cannot be guaranteed that these products will remain in Holland and may affect legitimate radio users in other Member States.
Please provide documentation in which the European EMC regime has given leave to KPN to ship products which contravene the essential requirements of 2004/108/EC, or any other documentation which confirms that the EMC Directive is no longer applicable to products in Europe. It should be noted that Norway has recently taken action to remove similar PLT products from the market, specifically using EU EMC standards, due to radio interference.
Why then have those products not been withdrawn from the market across Europe? Please provide documentation to explain.
If you cannot demonstrate that KPN has been given leave to supply non-compliant products, or that KPN has made assertions that these products are compliant, as an EU citizen I request that the devices in question are (re-)tested by an fully independent Notified Body and the
results published.
Yours faithfully,
Nigel Coleman
Dear Sir / Madam,
Thank you for your e-mail dated 31/01/2014. We hereby acknowledge receipt
of your application for access to documents, which was registered on
03/02/2014 under reference number GestDem 2014/646.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
24/02/2014. In case this time limit needs to be extended, you will be
informed in due course.
Yours faithfully,
Michaela VAVRÍKOVÁ
Legal officer/Access to documents Coordinator
[1]cid:image001.png@01CE0DF8.C5CDEA60
European Commission
DG Enterprise and Industry
Unit R4- Information Activities
BREY 13/085
B- 1049 Brussels/Belgium
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