Directive 2014/61/EU of the European Parliament and of the CouncilShow full title

Article 2 Definitions

For the purposes of this Directive, the definitions set out in Directive 2002/21/EC apply.

The following definitions also apply:

(1)

‘network operator’ means an undertaking providing or authorised to provide public communications networks as well as an undertaking providing a physical infrastructure intended to provide:

(a)

a service of production, transport or distribution of:

(i)

gas;

(ii)

electricity, including public lighting;

(iii)

heating;

(iv)

water, including disposal or treatment of waste water and sewage, and drainage systems;

(b)

transport services, including railways, roads, ports and airports;

(2)

‘physical infrastructure’ means any element of a network which is intended to host other elements of a network without becoming itself an active element of the network, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, buildings or entries to buildings, antenna installations, towers and poles; cables, including dark fibre, as well as elements of networks used for the provision of water intended for human consumption, as defined in point 1 of Article 2 of Council Directive 98/83/EC(1) are not physical infrastructure within the meaning of this Directive;

(3)

‘high-speed electronic communications network’ means an electronic communication network which is capable of delivering broadband access services at speeds of at least 30 Mbps;

(4)

‘civil works’ means every outcome of building or civil engineering works taken as a whole which is sufficient of itself to fulfil an economic or technical function and entails one or more elements of a physical infrastructure;

(5)

‘public sector body’ means a state, regional or local authority, a body governed by public law or an association formed by one or several such authorities or one or several such bodies governed by public law;

(6)

‘bodies governed by public law’ means bodies that have all of the following characteristics:

(a)

they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;

(b)

they have legal personality; and

(c)

they are financed, in full or for the most part, by the State, or regional or local authorities, or by other bodies governed by public law; or are subject to management supervision by those authorities or bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law;

(7)

‘in-building physical infrastructure’ means physical infrastructure or installations at the end-user's location, including elements under joint ownership, intended to host wired and/or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;

(8)

‘high-speed-ready in-building physical infrastructure’ means in-building physical infrastructure intended to host elements or enable delivery of high-speed electronic communications networks;

(9)

‘major renovation works’ means building or civil engineering works at the end user's location encompassing structural modifications of the entire in-building physical infrastructure or a significant part thereof, and requiring a building permit;

(10)

‘permit’ means an explicit or implicit decision of a competent authority following any procedure under which an undertaking is required to take steps in order to legally carry out building or civil engineering works;

(11)

‘access point’ means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed-ready in-building physical infrastructure is made available.

(1)

Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).