(1)

Commission Delegated Regulation (EU) No 305/2013 (2) establishes the specifications for the upgrading of the Public Safety Answering Point (PSAP) infrastructure required for the proper receipt and handling of eCalls, in order to ensure the compatibility, interoperability and continuity of the harmonised EU-wide eCall service.

(2)

The Commission’s Communication on a Sustainable and Smart Mobility Strategy (3) identifies the need to adapt the eCall legal framework to new electronic communications technologies.

(3)

Since the entry into force of Delegated Regulation (EU) No 305/2013, the European Committee for Standardisation (CEN) adopted new versions of standard EN 15722 ‘Intelligent transport systems – eSafety – eCall minimum set of data (MSD)’ and standard EN 16072 ‘Intelligent transport systems – eSafety – Pan-European eCall operating requirements’. In particular, standard EN 15722:2020 ‘Intelligent transport systems – eSafety – eCall minimum set of data (MSD)’ requires the provision of the two most recent locations of the vehicle before the incident location. That information is necessary for PSAPs to provide the appropriate emergency service(s) or service partner(s) with accurate and reliable information on the locations and direction of the vehicle before the incident related to the eCall. Such information is important to help reduce the response time of the emergency services, especially on motorways or bridges. The reference to those standards should therefore be updated.

(4)

European standards EN 16062 ‘Intelligent transport systems – eSafety – eCall high level application requirements (HLAR)’ and EN 16454 ‘Intelligent transport systems – ESafety – Ecall end to end conformance testing’ are based on eCall working over circuit-switched cellular networks (2G/3G). Since mobile network operators plan a gradual phasing out of 2G/3G networks between 2025 and 2030 in all Member States, it is necessary to adapt PSAPs to the newest packet-switched communication networks, while still supporting circuit-switched cellular networks as long as there are circuit-switched public mobile wireless communications networks in operation on their territory.

(5)

Two new eCall-related technical specifications based on packet-switched networks have been recently adopted by CEN in accordance with the procedures laid down in Regulation (EU) No 1025/2012 of the European Parliament and of the Council (4). Those technical specifications should be added to the PSAPs requirements to support the reception and handling of eCalls.

(6)

Article 109 of Directive (EU) 2018/1972 of the European Parliament and of the Council (5) requires that Member States ensure that providers of publicly available number-based interpersonal communications services, where those services allow end-users to originate calls to a number in a national or international numbering plan, provide access to emergency services through emergency communications to the most appropriate PSAP. To ensure consistency with that Directive, it is thus necessary to align some of the definitions of this Regulation.

(7)

Article 5 of Commission Delegated Regulation (EU) 2023/444 (6) requires that Member States ensure that emergency communications and caller location information are routed without delay to the most appropriate PSAP that is technically capable to convey the contextual information to the emergency services when alerting those services.

(8)

Member States should ensure that the processing of personal data in the context of the handling of the eCalls by the PSAPs, the emergency services and service partners is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (7) and Directive 2002/58/EC of the European Parliament and of the Council (8). In accordance with storage limitation principle laid down in Article 5 of Regulation (EU) 2016/679, personal data should not be kept for longer than necessary for the purposes of processing and time limits should be established to ensure compliance with this principle. Since the PSAPs are liable for the conformance requirements of the eCall standards, retention of raw MSD received with the eCall and the MSD contents presented is necessary after the call has been handled. The Member States should establish adequate retention periods for these data in line with national liability rules. Where Member States law does not provide a retention period, these data should not be kept longer than the period for which the competent authorities can request the PSAPs to demonstrate conformance and in any event no longer than for 10 years.

(9)

Delegated Regulation (EU) No 305/2013 should therefore be amended accordingly.

(10)

In order to allow existing PSAPs infrastructures the necessary time to adapt, the provisions of this Regulation should apply from 1 January 2026 as regards infrastructures already deployed at the date of entry into force of this Regulation.

(11)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (9) and delivered an opinion on 13 November 2023,

(1)

Article 2 is amended as follows:

(2)

Article 3 is amended as follows:

(3)

Article 4 is replaced by the following:

(4)

Article 5 is replaced by the following:

(*3)  Decision No 585/2014/EU of the European Parliament and of the Council of 15 May 2014 on the deployment of the interoperable EU-wide eCall service (OJ L 164, 3.6.2014, p. 6).’ "

(5)

Article 6 is replaced by the following:

(*4)  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).’;"

(6)

in Article 7, paragraph 2 is replaced by the following:

(7)

Article 8 is replaced by the following: