Legal provisions of COM(2021)813 - Amending directive 2010/40/EU on Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)813 - Amending directive 2010/40/EU on Intelligent Transport Systems in the field of road transport and for interfaces with other ... |
|---|---|
| document | COM(2021)813  |
| date | November 22, 2023 |
Contents
Article 1 - Amendments to Directive 2010/40/EU
(1) in Article 1, the following paragraph 2a is inserted:
‘2a.This Directive provides for the availability of data and deployment of ITS services within the priority areas referred to in Article 2 with a specific geographical coverage as specified in Annexes III and IV.’;
(2) in Article 2, paragraph 1 is replaced by the following:
‘1. For the purposes of this Directive, the following shall constitute priority areas for the development and use of specifications and standards:
(a) I. Information and mobility ITS services;
(b) II. Travel, transport and traffic management ITS services;
(c) III. Road safety and security ITS services;
(d) IV. Cooperative, connected and automated mobility services.’;
(3) Article 4 is amended as follows:
(a)point 18 is replaced by the following:
‘(18) “standard” means standard as defined in Article 2(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council*;
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* Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).’;
(b)the following points (19) to (24) are added:
‘(19) “cooperative intelligent transport systems” or “C-ITS” means intelligent transport systems that enable ITS users to cooperate by exchanging secured and trusted messages;
(20) “C-ITS service” means an ITS service provided through C- ITS;
(21) “availability of the data” means the existence of data in a digital machine-readable format;
(22) “National Access Point” means a digital interface set up by a Member State that constitutes a single point of access to data, as defined in specifications adopted pursuant to Article 6;
(23) “accessibility of the data” means a possibility to request and obtain data in a digital machine-readable format via National Access Points;
(24) “multimodal digital mobility service” means a service providing information on traffic and travel data such as location of transport facilities, schedules, availability or fares for more than one transport mode, which may include features enabling the making of reservations, bookings or payments or the issuing of tickets.’;
(4) Article 5 is replaced by the following:
‘Article 5
Application of specifications to the deployment of ITS
1. Member States shall take the necessary measures to ensure that the specifications adopted by the Commission in accordance with Article 6 are applied to ITS applications and services, where those are deployed, in accordance with the principles in Annex II. This is without prejudice to the right of each Member State to decide on its deployment of such applications and services on its territory. This right is without prejudice to Articles 6a and 6b. Where relevant, Member States shall also cooperate on the enforcement of those specifications.
2. Member States shall also cooperate in respect of the priority areas, insofar as no specifications have been adopted with regard to those priority areas.
3. Member States shall also cooperate, where necessary with relevant stakeholders, on operational aspects of the implementation of and compliance with the specifications adopted by the Commission, such as standards and EU harmonised profiles, common definitions, common metadata, common quality requirements and aspects related to the interoperability of National Access Points’ architectures, common data exchange conditions, as well as common training and outreach activities.’;
(5) Article 6 is amended as follows:
(a)paragraph 5 is replaced by the following:
‘5. Without prejudice to the procedures set out by Directive (EU) 2015/1535 of the European Parliament and of the Council*, the specifications shall, where appropriate, stipulate the conditions in which Member States may, after notification to the Commission, establish additional rules for the provision of ITS services on all or part of their territory, provided that those rules do not hinder interoperability.’;
(b)paragraph 6 is replaced by the following:
‘6. The specifications shall, where appropriate, be based on any standards referred to in Article 8.
The specifications shall, as appropriate and in particular where justified in the interest of safety and interoperability, include rules on conformity assessment and market surveillance, including a safeguard clause, in accordance with Decision No 768/2008/EC.
The specifications shall comply with the principles set out in Annex II.’;
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* Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).’;
(6) The following Articles 6a and 6b are inserted:
‘Article 6a
Availability of data
Member States shall ensure that for each data type listed in Annex III, data is available for the geographical coverage relative to such data type as early as possible and no later than the respective date set out in that Annex.
Member States shall ensure the accessibility of that data on the National Access Points by the same date.
Article 6 - b Deployment of ITS services
Member States shall ensure that the ITS services specified in Annex IV are deployed for the geographical coverage set out in that Annex by the date specified therein.’;(7) Article 7 is amended as follows:
(a)the following paragraphs 1a and 1b are inserted:
‘1a. Following a cost-benefit analysis and an impact assessment including appropriate consultations, the Commission is empowered to adopt delegated acts in accordance with Article 12 to amend the list of data types in Annex III, including the date of implementation and the geographical coverage for each data type. Those amendments shall be consistent with the data categories set out in the latest working programme adopted in accordance with Article 17(5).
1b. Following a cost-benefit analysis taking due account of market developments and technology evolution and an impact assessment including appropriate consultations, the Commission is empowered to adopt delegated acts in accordance with Article 12 to amend the list of ITS services in Annex IV, including the date of implementation and the geographical coverage for each ITS service. Those amendments shall be consistent with the list of ITS services set out in the latest working programme adopted in accordance with Article 17(5).’;
(b)paragraph 3 is replaced by the following:
‘3. For the delegated acts referred to in this Article, the procedure set out in Article 12 shall apply.’;
(8) The following Article 7a is inserted:
‘Article 7a
Interim measures
In the event of an emergency situation having a severe direct impact on road safety, cyber security or the availability and integrity of ITS services, and which may compromise the safe and proper functioning of the Union transport system, in order to remedy that situation the Commission may adopt immediately applicable implementing acts suspending or establishing obligations within the scope of the priority areas set under Article 2. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 15(3). They shall be strictly limited to addressing the causes and consequences of such emergency situations.’;
(9) in Article 8(1), the reference to ‘Directive 98/34/EC’ is replaced by the reference to ‘Directive (EU) 2015/1535’;
(10) Article 10 is replaced by the following:
‘Article 10
Rules on data protection and privacy
Where specifications adopted pursuant to Article 6 concern the processing of traffic, travel or road data that are personal data as defined in Article 4, point (1) of Regulation (EU) 2016/679*, they shall lay down the categories of those data and provide for appropriate personal data protection safeguards pursuant to Regulation (EU) 2016/679 and Directive 2002/58/EC. Where appropriate, the use of anonymous data shall be encouraged.
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* Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’;
(11) The following Article 10a is inserted:
‘Article 10a
EU C-ITS security credential management system
The specifications for the priority area referred to in Article 2(1), point (d), to be adopted by the Commission in the exercise of its powers pursuant to Article 7(1), shall lay down the EU C-ITS security credential management system referred to in point 4.3 of Annex I. That system shall comprise the following roles:
(a)C-ITS certificate policy authority;
(b)C-ITS trust list manager;
(c)C-ITS point of contact.
The Commission shall be responsible for ensuring the execution of those roles.’;
(12) in Article 12(2), ‘27 August 2017’ is replaced by ‘[Publication Office: please insert the date of entry into force of this Directive]’;
(13) Article 15 is replaced by the following:
‘Article 15
Committee procedure
1. The Commission shall be assisted by the European ITS Committee (EIC). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. Implementing acts adopted pursuant to this paragraph shall remain in force until repealed. The Commission shall repeal those acts once the emergency situation has ended or the relevant delegated act supplementing this Directive is amended to remedy the situation, whichever comes first.
4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the opinion of the committee is to be obtained by a written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
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* Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’;
(14) Article 17 is replaced by the following:
‘Article 17
Reporting and working programme
1. Member States shall submit to the Commission by [Date of entry into force + 12 months] a report on the implementation of this Directive and of all delegated acts supplementing this Directive, on their national activities and projects regarding the priority areas and on the implementation of Articles 6a and 6b.
2. The Commission shall, by means of implementing acts, lay down the template for the initial and progress reports including a list of key performance indicators to be provided in the reports. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 15(2).
3. Following the initial report, Member States shall report every 3 years on the progress made in the implementation of this Directive and of all delegated acts supplementing this Directive, as referred to in paragraph 1.
4. The Commission shall submit, 18 months after each deadline for Member State reports, a report to the European Parliament and to the Council on the progress made in the implementation of this Directive. The report shall be accompanied by an analysis on the functioning and implementation, including the financial resources used and needed, of Articles 5 to 11 and Article 16, and shall assess the need to amend this Directive, where appropriate.
5. By [Date of entry into force + 12 months], the Commission shall, after consulting relevant stakeholders and by means of an implementing act, adopt a working programme. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(4). The working programme shall include objectives and dates for its implementation every year, as well as the list of data categories and ITS services for which the Commission may adopt delegated acts pursuant to Article 7(1a) and (1b).
Before each subsequent five-year extension of the power to adopt delegated acts in accordance with Article 12(2), the Commission shall, by means of implementing acts, issue a new working programme. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(4). ’;
(15) Annexes I and II are replaced by the text in Annexes I and II to this Directive;
(16) Annexes III and IV are added as set out in Annexes III and IV to this Directive.
Article 2 - Transposition
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.