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Date: Tuesday, July 22, 2014 12:02:02 PM CEST

Complaint about maladministration

Part 1 - Contact information

First name: Karl
Surname: Fischer
On behalf of (if applicable):
Address line 1: Friedenstr. 42
Address line 2:
Town/City: Pforzheim
Postcode: 75173
Country: Germany
E-mail address:

Part 2 - Against which European Union (EU) institution or body do you wish to complain?

European Commission

Part 3 - What is the decision or matter about which you complain? When did you become aware of it? Add annexes if necessary.

The citation of EN 50561-1 as a harmonised standard under the EMC-Directive 2004/108/EC in the Official Journal of the European Union (OJEU) of 25 February 2014.

Part 4 - What do you consider that the EU institution or body has done wrong?

According to the European Commission, a "harmonised standard" issued within the context of the New Approach is a standard

- for which the European Commission (and/or EFTA)
  has issued a standardisation mandate to CEN,
  CENELEC or ETSI, and
- for which a reference has been published in the
  Official Journal of the EU.

Although all standards developed by CEN, CENELEC and ETSI are the results of "European harmonisation" in a more general sense, only those standards meeting both prerequisites listed above are deemed "harmonised standards" according to the legal definition by the European Commission.

The European Commission's assertion that PLC (Power-Line Communication) products as parts of telecommunication networks are covered by mandate M/313 [1][2] is definitely false. Actually product standards like EN 50561-1 are expressly not covered by M/313 which concerns only networks as whole installations. This fact has even been formally confirmed to CENELEC by the European Commission itself already in 2002 [3]. Furthermore there is no valid mandate at all for EN 50561-1. And because only mandated standards may be harmonised, the citation of EN 50561-1 as a harmonised standard in the OJEU is illegitimate.


Upon my request CENELEC has confirmed that no mandate exists for the standard EN 50561-1 [4]. Nevertheless the standard bears the following foreword:

"This document has been prepared under a mandate given to CENELEC by the European Commission [...]"

Given the fact that CENELEC has always been well aware of the lack of a valid mandate, this statement is clearly fraudulent. Therefore it should also be scrutinized if this standardisation project (parts 2 and 3 of EN 50561 are still under work at CENELEC) is being illegitimately financed by the European Union.

To download the related documents from my website please use the following URLs:


Part 5 - What, in your view, should the institution or body do to put things right?

Withdraw the citation of EN 50561-1 as a harmonised standard in the OJEU.


According to the well-founded assessment of CENELEC's own EMC-Consultant Anton Kohling [1] (which was ignored by CENELEC's BT) this standard does not fulfil the protection requirements of the EMC-Directive. Consequently it is possible that PLC-products built to this standard which are now brought into the market threaten the operation of radio services.


To download the related document from my website please use the following URL:



Part 6 - Have you already contacted the EU institution or body concerned in order to obtain redress?

Yes (please specify)

In November 2012 I published a 2-part article concerning the draft standard FprEN 50561-1. In part two entitled "Doomed to Fail: FprEN 50561-1" [1] I also pointed out that a valid mandate for this standard does not exist. In March 2013 this article was sent by email as well as by registered mail to the following addressees:

- Antonio Tajani
  Vice-President of the European Commission
- Martin Schulz
  President of the European Parliament
- Luis Filipe Girao
  Head of Unit F/5
  Enterprise and Industry DG
- Birgit Weidel
  Deputy Head of Unit F/5
  Enterprise and Industry DG
- Elena Santiago Cid
  Director General CEN-CENELEC
- Tore B. Trondvold
  President CENELEC

My letter to VP Tajani was answered by Diego Canga Fano with an evasive standard letter [2].

In March 2014 - just after the citation of EN 50561-1 in the OJEU - I published and sent an Open Letter [3] in German to Viviane Reding, Vice-President of the European Commission, in which I stressed again that the citation is illegitimate because a valid mandate does not exist.

My Open Letter to VP Reding was answered by Gwenole Cozigou with a similarly evasive letter [4]. I sent my final reply letter [5] to Mr Cozigou in June 2014 by registered mail.

To download the related documents from my website please use the following URLs:


Part 7 - If the complaint concerns work relationships with the EU institutions and bodies: have you used all the possibilities for internal administrative requests and complaints provided for in the Staff Regulations? If so, have the time limits for replies by the institutions already expired?

Not applicable

Part 8 - Has the object of your complaint already been settled by a court or is it pending before a court?


Part 9 - Please select one of the following two options after having read the information in the box below:

Please treat my complaint publicly

Part 10 - Do you agree that your complaint may be passed on to another institution or body (European or national), if the European Ombudsman decides that he is not entitled to deal with it?