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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dossier	COM(2021)813 - Amending directive 2010/40/EU on Intelligent Transport Systems in the field of road transport and for interfaces with other ...
source	COM(2021)813
date	14-12-2021

1. CONTEXT OF THE PROPOSAL

This proposal concerns the adoption of a Directive of the European Parliament and of the Council, amending Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport ¹ .

• Reasons for and objectives of the proposal

Mobility and transport are essential for European citizens and for the European economy as a whole. The free movement of people and goods across its internal borders is a fundamental freedom of the European Union (EU) and its single market. The European Commission adopted in December 2020 the Communication on a Sustainable and Smart Mobility Strategy (‘the strategy’) ² that proposes a fundamental transformation of the European transport system to achieve the objective of sustainable, smart and resilient mobility. Digitalisation is an indispensable driver of this transformation. Digitalisation will make the entire transport system seamless and more efficient. It will also further increase levels of safety, security, reliability and comfort.

The strategy identifies the deployment of intelligent transport systems (ITS) as a key action in building a connected and automated multimodal mobility system. The latter combines new developments such as Mobility as a Service (MaaS) and Cooperative, connected and automated mobility (CCAM). CCAM transforms a driver into a user of a shared fleet of vehicles, fully integrated in a multimodal transport system, made seamless by Multimodal Digital Mobility Services (MDMS) such as MaaS applications.

The strategy is clear: in order to make transport truly more sustainable we need to deliver effective and seamless multimodality, using the most efficient mode for each leg of the journey. In addition, each mode needs to become more efficient; for road this means that shared solutions increasingly provide a viable alternative for private vehicle ownership. This also fosters the uptake of zero-emission vehicles as users of shared mobility services will have a whole fleet at their disposal. Anxiety about range or purchase cost is then mitigated, especially when that fleet can go recharge itself automatically. In other words, emerging ITS services can accelerate the uptake of zero-emission vehicles and also help use them more efficiently.

Finally, smoothening road traffic flows (noting that zero-emission fleets should not lead to zero-emission traffic jams) will also contribute to more sustainable transport. Ideally, shared zero emission vehicles function as feeder services to existing and even more efficient modes, for both passengers and freight, providing for seamless and more inclusive travel. Congestion costs the EU economy more than 1% of GDP per year ³ , in time lost by citizens and workers but also in unreliable and inefficient logistics feeding the economy. By reducing incidents and improving traffic management, ITS can help reduce congestion and make an important contribution to economic efficiency and competitiveness of the EU economy. Deploying ITS has the potential to significantly improve road safety, traffic efficiency and comfort, by helping transport users to take the right decisions and adapt to the traffic situation. ITS also make it possible to make better use of existing infrastructure, increase multimodality options, and improve traffic management.

The Communication on a European Strategy for Data ⁴ , adopted by the Commission in February 2020, recognises that data-driven innovation will bring major benefits to the public through its contribution to the European Green Deal ⁵ , and by helping to make Europe fit for the digital age ⁶ .

Directive 2010/40/EU (the ITS Directive) was designed to be the framework for accelerating and coordinating the deployment and use of ITS applied to road transport and its interfaces with other transport modes.

The strategy announced that the ITS Directive would soon be revised, including some of its delegated regulations. The strategy also highlighted the Commission’s intention to support the creation of a coordination mechanism in 2021 for the national access points (NAPs) created under the ITS Directive.

The Commission carried out an ex-post evaluation of the ITS Directive ⁷ that concluded that the Directive has had a positive impact on the deployment of ITS across the EU. The evaluation also concluded that the Directive remains a relevant tool to address: (i) a lack of coordination in ITS deployment across the EU; and (ii) the slow, risky and cost-ineffective deployment of ITS. The evaluation further noted that the use of ITS is increasing but despite improvements, the deployment of ITS is still often limited in geographical scope. There remains a clear need to take further action on interoperability, cooperation, and data sharing to enable seamless and continuous ITS services across the EU.

In October 2019, the Commission also released a report to the European Parliament and the Council on the implementation of the ITS Directive. This report highlighted: (i) the need to further improve coordination in accessibility of data; (ii) the need to take into account the emergence of new ITS themes and challenges; and (iii) the need to improve the availability of key data types on the whole road transport network (i.e. by making these data types available in digital machine-readable format).

Therefore, this proposal addresses the following problems: (i) the lack of interoperability and lack of continuity of applications, systems and services; (ii) the lack of concertation and effective cooperation among stakeholders; and (iii) unresolved issues related to the availability and sharing of data supporting ITS services. It achieves this notably by expanding the current scope of the Directive to cover new and emerging challenges, and by allowing essential ITS services to be made mandatory across the EU. The deployment of ITS services will be fed by the availability of data necessary to provide reliable information, thus ensuring that the benefits of digitalisation in the road sector can be reaped. Additional rules to improve alignment with current practices and standards will also address the problems referred to above.

• Consistency with existing policy provisions in the policy area

This proposal is part of a package of legislative initiatives aimed at contributing to the goals of decarbonisation, digitalisation and greater resilience in transport infrastructure. In addition to the revision of the ITS Directive, this package includes the revision of the TEN-T Regulation ⁸ and of the urban mobility package ⁹ , which both include provisions related to the deployment of ITS services. For instance, the revision of the TEN-T Regulation addresses the means to detect road safety-related events, making it possible to provide road safety-related traffic information to road users under this proposal.

This proposal is consistent with the proposal for a new regulation on the deployment of alternative fuels infrastructure presented by the Commission on 14 July 2021 ¹⁰ , which would repeal Directive 2014/94/EU of the European Parliament and of the Council on the deployment of alternative fuels infrastructure ¹¹ . Data on recharging and refuelling points made available under this regulation must be made accessible through the NAPs set up under the ITS Directive.

This proposal is also consistent and aligned with other legal frameworks in the area of transport, such as the Electronic Freight Transport Information (eFTI) Regulation ¹² and other legislation related to different transport modes, in particular with respect to the definition of the scope in Annex I of this Directive and the added value to the development of multimodal digital mobility services.

On road safety, the strategy confirmed the objective of bringing the death toll for all modes of transport in the EU close to zero by 2050. For road transport, there are several actions in the scope of the ITS Directive that contribute to this ambitious objective. For instance, eCall is a post-crash measure to speed up emergency-response times and therefore reduce the number of fatalities and severe injuries. Cooperative ITS allow vehicles, transport infrastructure and other road users to communicate and coordinate their actions. Cooperative ITS has significant potential to reduce the number and severity of accidents. Information services on safety-related events or for safe and secure truck parking contribute to the safety of road users. The mandatory availability of crucial data in machine-readable format will improve the functioning of safety services such as intelligent speed assistance, and making safety-related traffic information services mandatory will improve traffic safety.

This proposal is coherent with rules on passengers’ rights and obligations, such as the rules laid down in Article 10 of Regulation (EU) 2021/782 of the European Parliament and of the Council ¹³ .

In addition, a review of Commission Delegated Regulation (EU) 2015/962 ¹⁴ on the provision of EU-wide real-time traffic information service is currently ongoing ¹⁵ . That upcoming revision is expected to identify crucial data types and introduce certain new crucial data types related to traffic regulations: (i) weight/length/width/height restrictions; (ii) one-way streets; and (iii) boundaries of restrictions, prohibitions or obligations with zonal validity, current access status and conditions for circulation in regulated traffic zones. This proposal is consistent with the expected changes to the delegated act. Additionally, because of the importance of those three additional data points, once the new delegated act has been adopted, it will be appropriate to consider their inclusion in the list of the data types whose availability and provision is to be made mandatory.

• Consistency with other Union policies

The European strategy for data announced the establishment of EU-wide, common, interoperable data spaces in strategic economic sectors and domains of public interest. These data spaces include a common European mobility data space. The ITS Directive is an important component of the common European mobility data space, as it provides for the availability and accessibility of multimodal traffic and travel data on NAPs.

These data give particular support to advanced driver-assistance systems, such as the new vehicle systems under the General Safety Regulation (EU) 2019/2144 ¹⁶ .

The proposal has been aligned with other EU legal frameworks such as the General Data Protection Regulation (EU) 2016/679 ¹⁷ , the e-Privacy Directive 2002/58/EC ¹⁸ and the General Safety Regulation (EU) 2019/2144 ¹⁹ . Where appropriate, the measures provided for in this proposal must take in due account the forthcoming Artificial Intelligence Act ²⁰ .

This Directive is supportive to the R&I policies in climate, energy and mobility under the 2021-2027 Research Framework Programme Horizon Europe regarding the research and development of innovative technologies in the field of ITS, Cooperative ITS (C-ITS) and CCAM.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The amendment does not change the legal basis of the ITS Directive, which is Article 91 of the Treaty on the Functioning of the European Union.

• Subsidiarity (for non-exclusive competence)

The ITS Directive addresses trans-national aspects of transport that cannot be satisfactorily addressed by Member States on their own, such as the interoperability of equipment and the strengthening of the internal market for ITS services at the global level. It thus contributes to jobs and growth.

According to the principle of subsidiarity, the use of a directive or framework directive such as the ITS Directive remains one of the most appropriate ways to achieve the intended purpose. The overarching principles and enabling conditions for ITS implementation are set out using specifications developed with the strong involvement of thematic experts nominated by the Member States.

The Commission considers that it should be mandatory for some data types and ITS services to be made available and provided. Initial lists of such data and services are included in the proposal. A mechanism for updating these lists is also included in the proposal, based on a strengthened consultation of stakeholders and formal prior approval from the Member States.

In the framework of its institutional prerogatives, the Commission will also strengthen the role of the European ITS Advisory Group, which has representatives from relevant ITS stakeholders from the public and private sector. These stakeholders advise the Commission on the business and technical aspects of implementing and deploying ITS in the EU.

• Proportionality

According to the principle of proportionality, this proposal does not go beyond what is necessary to achieve its objectives. The Commission considers that all measures are proportionate in their impacts, as demonstrated in the impact assessment that accompanies this initiative ²¹ . The proposed intervention: (i) adapts the scope of the ITS Directive to new and emerging ITS service areas; (ii) strengthens the roles of – and coordination between – stakeholders; and (iii) mandates the availability of crucial data and provision of essential services. This is necessary to adapt the legal framework for ITS to an evolving landscape, and to ensure the necessary data and services are available to support the objectives of the strategy.

• Choice of instrument

Due to the limited changes to the ITS Directive, the Commission considers that an amendment is the best option for revising the Directive.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

The ‘REFIT’ ex-post evaluation of the ITS Directive concluded that the scope of the ITS Directive is still relevant today, with the identified priority areas still covering the relevant topics, services and data. The Directive and its delegated acts were also considered by stakeholders to have helped reduce the negative externalities of transport.

At the same time, as a result of societal and technological developments, the evaluation concluded that a number of areas required additional attention in the future. In particular, the evaluation considered that cooperative, connected and automated mobility required additional attention. Furthermore, the evaluation expected that ensuring availability of the relevant data and ITS infrastructure would lead to the deployment of continuous EU-wide services. The evaluation also concluded that only a limited number of interoperable ITS services had been deployed so far. The evaluation highlighted the persistent reluctance to share data, which continues to be a limiting factor, and the need to improve cooperation with and between stakeholders.

The problems that the proposal seeks to address were identified in the evaluation, namely: (i) the lack of interoperability and continuity of applications, systems and services; (ii) the lack of concertation and effective cooperation among stakeholders; and (iii) the unresolved issues related to the availability and sharing of data to support ITS services.

• Stakeholder consultations

The consultation process ²² engaged the main target groups through three different methods: a public consultation, an open public consultation, and targeted consultations. Each of these methods are discussed in the paragraphs below.

A public consultation was held on the inception impact assessment (IIA) ²³ for this initiative, running from 8 October 2020 to 19 November 2020. The Commission received 34 responses to this public consultation, mostly from companies, business associations and public authorities. NGOs, consumer organisations and the public also replied to the IIA.

An open public consultation was launched on 3 November 2020 and remained open until 2 February 2021. The questionnaire in the open public consultation invited stakeholders’ opinions on the key aspects of the impact assessment, namely: (i) the main problems addressed by the impact assessment; (ii) the drivers of these problems; (iii) possible policy measures to address these problems and drivers; (iv) the likely impacts of these possible policy measures; and (v) the relevance of EU-level action to address these problems. The Commission received 149 responses in total.

The targeted consultations consisted of four parts, set out in the bullet points below.

- An online survey for all key stakeholder groups was launched on 15 February 2021 and remained open until 26 March 2021.

- An interview programme with 53 stakeholders from all key stakeholder groups was launched on 16 February 2021 and remained open until 6 May 2021. Furthermore, six exploratory interviews with key stakeholders were conducted in the inception phase of the study (November/December 2020).

- Six stakeholder workshops took place between December 2020 and June 2021.

- The European ITS Committee held meetings on 17 December 2020 and 28 June 2021.

Throughout the period of preparing the impact assessment, the Commission also met with a wide variety of stakeholders and received several position papers.

• Collection and use of expertise

In preparing this initiative, the Commission used: (i) the findings of the ex-post evaluation of the ITS Directive ²⁴ ; (ii) the Commission report to the European Parliament and the Council on the implementation of the Directive ²⁵ ; and (iii) the Member States’ 2020 progress reports on the implementation of the ITS Directive ²⁶ .

Stakeholders also provided a lot of information in the consultation activities, supplemented by information that stakeholders provided to the Commission on an ad hoc basis. The impact assessment relies to a considerable extent on an accompanying external support study carried out by a consultant ²⁷ .

Another source of information came from a broad consultation exercise the Commission carried out with the Member States’ expert group on ITS ²⁸ on the definition of crucial data types. This exercise was carried out as part of the revision of Commission Delegated Regulation (EU) No 2015/962.

Overall, the sources used to draft the impact-assessment report are numerous, comprehensive and representative of the various stakeholder groups.

• Impact assessment

The Regulatory Scrutiny Board received the impact assessment report on 25 August 2021. The Board issued a positive opinion on the report with reservations on 27 September 2021. The Board considered that the report should be further improved in: (i) the scope of the initiative, for example how it will contribute to multimodality and the Green Deal objectives; (ii) the specific problems being addressed and the most critical policy choices; (iii) the analysis of impacts; (iv) the choice of the preferred policy option; and (v) stakeholder views.

The final impact-assessment report includes a comprehensive description and assessment of the initiative’s added value and its links with other policy initiatives in Sections 1 through 4. A detailed description of the policy options is included in Section 5. A comprehensive analysis of the impacts of all options is presented in Section 6, and a comparison of the policy options in Section 7. The executive summary of the impact assessment and the opinion of the Board can be found on the Commission’s website ²⁹ .

Three policy options were analysed in the final impact-assessment report. A summary of each of these three options is set out in the three bullet points below.

–Policy option 1: Strengthened coordination and deployment principles. This first policy option introduces the greatest number of policy measures. Nevertheless, it mostly takes a light-touch approach, including on the measures related to: (i) amendments to the Directive to allow for expanding its operation in new and emerging ITS-service areas; (ii) addressing identified shortcomings in stakeholder cooperation with measures improving coordination; and (iii) ensuring the coherence of the Directive’s provisions with those of other existing legal instruments. It also includes measures that aim to: (i) strengthen further the coordination of all relevant stakeholders; (ii) institutionalise parts of the governance framework; and (iii) make the Directive future-proof to function in the advent of known upcoming EU policy initiatives.

–Policy option 2: Mandate the collection and availability of crucial data. This intervention makes it mandatory to collect and share data crucial for the operation of essential services as a means to boost the deployment of such services. These measures retain all other aspects of policy option 1 while also aiming to improve: (i) data availability; (ii) data quality; (iii) data access; (iv) data exchange; and (v) data usage.

–Policy option 3: Mandate the provision of essential services. This intervention contains the possibility of introducing mandatory deployment of essential services through delegated acts. It especially capitalises on the increased availability, quality, exchange and usage of data promoted by policy option 2, and aims to further support the deployment of interoperable and continuous services.

The Commission clearly prefers policy option 2 over policy option 1, as it achieves significantly greater benefits and the best cost-benefit ratio. The mandatory collection of data and resulting uptake of ITS services also greatly increases the effectiveness of the Directive in achieving the objectives of the ITS Directive and makes it more coherent. Limiting the mandatory collection of data to crucial data – and the very significant benefits that would result from collecting this crucial data – also means that policy option 2 is proportional.

The difference in net benefits between policy option 2 and policy option 3 is smaller than the difference between the net benefits in policy option 1 and policy option 2. Nevertheless, the differences in net benefits between policy option 2 and policy option 3 remain very significant. The main difference is a considerable increase in safety-related benefits expected in policy option 3 compared to policy option 2. Although policy option 3 also presents an increased level of costs, the marginal cost-benefit ratio of the additional costs and benefits brought by policy option 3 is still positive. It is also the most coherent policy option. The mandatory provision of essential ITS services for road safety – although introducing considerable compliance costs – is also proportional.

The policy option preferred by the Commission is therefore policy option 3 (which includes policy options 1 and 2) because: (i) it generates the greatest net benefits; (ii) it is the most effective option; (iii) it best achieves the specific objectives of the ITS Directive; and (iv) it best ensures the swift and coherent deployment of ITS services in line with the objectives of the strategy.

The impact assessment includes a detailed description of the policy measures included under the different policy options, as well as the main impacts, costs and benefits of each policy option.

• Regulatory fitness and simplification

The proposal will reduce the administrative costs of Member States, as it streamlines recurrent reporting obligations, and enables the use of a common system for reporting on the implementation of the Directive and its delegated acts. Based on a common template and common key performance indicators, it will also make it easier to analyse and compare reports. However, the proposal may also increase coordination costs related to data collection, in particular regarding local authorities.

SMEs are not a specific target of the policy measures, and there is no indication that the policy measures will have a differentiated impact on companies of different sizes. However, a fragmented market would have arisen without introducing new data specifications and standard requirements and without the widespread use of NAPs. If this fragmented market continued it might produce a comparative advantage for larger companies compared to SMEs. In a harmonised market with harmonised standards, SMEs will benefit from lower barriers to entry to expand their operations and compete on an equal basis with larger enterprises.

The proposal is expected to contribute greatly to the establishment of the common European mobility data space, under the European strategy for data. It will contribute to the common European mobility data space by increasing the availability of data on the NAPs, and simplifying the re-use of data by standardising the data exchanges and harmonising access conditions.

• Fundamental rights

In order to reach the objective of a safe, sustainable, smart and resilient mobility it may be required to process travel, traffic or road data that include personal data. When processing of personal data is required to achieve the objectives of the ITS Directive, more detailed rules, e.g. on which data are to be collected by whom for which specific purposes can only be laid down in tertiary acts based on it. When proposing those acts, the Commission will duly take data protection requirements into account.

4. BUDGETARY IMPLICATIONS

The proposal has no impact on the European Union budget.

5. OTHER ELEMENTS

• EU C-ITS framework for the provision of trusted and secure communication

The Commission draws on its operational experience of implementing the ‘Security architecture for connected infrastructure and vehicles in Europe’ support action which entrusted the Joint Research Centre with the implementation of the pilot phase (2018-2022) of the EU Cooperative ITS (C-ITS) security credential management system.

Pending the formalisation of such system into a binding framework (and the possible future establishment of dedicated entities to govern it), the Commission is identified as the subject that will take the roles of C-ITS certificate policy authority, trust list manager, and C-ITS point of contact.

• Implementation plans and arrangements for monitoring, evaluation and reporting

The Commission will adopt working programmes every 5 years, which will set out the actions for which possible European specifications may be adopted, or for which additional data or ITS services may be mandated.

Member States will report every 3 years on their progress in implementing the Directive and its delegated acts, using a common template and common key performance indicators.

Using the Member State reports as a basis, the Commission will submit every 3 years a report to the European Parliament and the Council on the implementation of the Directive.

• Explanatory documents

In compliance with recital 27 of the proposal, Member States must notify the Commission of their transposition measures with supporting documents. This is necessary because of the new provisions laid down by the proposal for collecting data and deploying services. These new provisions may require the adoption of additional national legislation or the amendment thereof. In order for the Commission to monitor correct transposition, it is therefore important that Member States send the Commission supporting documents showing which existing or new provisions under national law are meant to implement the individual measures set out in the proposed Directive.

• Detailed explanation of the specific provisions of the proposal

This proposal amends the current Directive 2010/40/EU on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport, as amended by Decision (EU) 2017/2380 of the European Parliament and of the Council ³⁰ . The structure of the amended ITS Directive is set out in the bullet points below.

–Article 1(1) adapts Article 1 of the current Directive, setting out the subject matter and scope of the Directive by adding the availability of data and deployment of services to the subject matter and scope of the current Directive.

–Article 1(2) updates in Article 2 of the current Directive the title of the four priority areas of the current Directive, as the priority areas are reorganised according to the types of ITS services.

–Article 1(3) extends the list of definitions of the current Directive where necessary and as appropriate given the overall changes in the scope and provisions of the amended Directive.

–Article 1(4) extends the requirements on Member States in Article 5 regarding their cooperation related to the deployment of ITS services in application of the specifications adopted under the Directive.

–Article 1(5) updates in Article 6 the reference to existing legislation and completes the reference to Decision No 768/2008/EC.

–Article 1(6) provides for a new article requiring Member States to ensure the availability of data for the data types listed in the new Annex III and their accessibility on NAPs, and for a new article requiring Member States to ensure the deployment of ITS services listed in the new Annex IV.

–Article 1(7) adds provisions to Article 7 of the current Directive for the update of Annexes III and IV through delegated acts, subject to a prior impact assessment including a cost-benefit analysis.

–Article 1(8) provides for a new article authorising the Commission to adopt interim measures in the event of an emergency situation that has a severe direct impact on road safety, cyber security or the availability and integrity of ITS services.

–Article 1(9) updates a reference in Article 8 of the current Directive.

–Article 1(10) replaces Article 10 of the current Directive with updated rules on data protection and privacy, streamlining the text by removing duplications of existing obligations under data protection rules, e.g. on the security of personal data processed and the need for controllers to comply with their other obligations under data protection rules. It also stresses the requirement for the Commission to take into account data protection requirements in the development of specifications.

–Article 1(11) provides for a new article on the C-ITS certificate policy authority, the Trust list manager and the C-ITS point of contact, and establishes that the Commission will define and fulfil these roles.

–Article 1(12) adapts Article 12 of the current Directive as regards the date from which the power to adopt delegated acts is conferred on the Commission.

–Article 1(13) replaces Article 15 of the current Directive on Committee procedure with updated references to existing legislation and the addition of the reference to the examination procedure (Articles 5 and 8 of Regulation (EU) No 182/2011).

–Article 1(14) replaces Article 17 of the current Directive with updated rules on the reporting of Member States (common template, common key performance indicators) and of the Commission, as well as updated rules for the adoption of the working programmes of the ITS Directive.

–Articles 1(15) and 1(16) replace the two annexes of the current Directive by four annexes:

–Annex I adapts Annex I of the current Directive by organising the priority areas according to the types of ITS services, and also adds new actions corresponding to new and emerging ITS services;

–Annex II adapts Annex II of the current ITS Directive by updating and adding some of the principles;

–the new Annex III lists the data types for which availability and accessibility on NAPs needs to be ensured by the date indicated for each data type and on the geographical coverage indicated for each data type;

–the new Annex IV lists the ITS services to be deployed by the date indicated for each ITS service and on the geographical coverage indicated for each ITS service.

–Articles 2, 3 and 4 provide for the transposition, entry into force and addressees of the amended Directive.

• European Economic Area

The proposed act is of EEA relevance.