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Document 02010L0040-20180109
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 (Text with EEA relevance)
Consolidated text: 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 (Text with EEA relevance)
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 (Text with EEA relevance)
02010L0040 — EN — 09.01.2018 — 001.001
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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 (OJ L 207 6.8.2010, p. 1) |
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DECISION (EU) 2017/2380 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2017 |
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20.12.2017 |
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
(Text with EEA relevance)
Article 1
Subject matter and scope
Article 2
Priority areas
For the purpose of this Directive the following shall constitute priority areas for the development and use of specifications and standards:
Optimal use of road, traffic and travel data,
Continuity of traffic and freight management ITS services,
ITS road safety and security applications,
Linking the vehicle with the transport infrastructure.
Article 3
Priority actions
Within the priority areas the following shall constitute priority actions for the development and use of specifications and standards, as set out in Annex I:
the provision of EU-wide multimodal travel information services;
the provision of EU-wide real-time traffic information services;
data and procedures for the provision, where possible, of road safety related minimum universal traffic information free of charge to users;
the harmonised provision for an interoperable EU-wide eCall;
the provision of information services for safe and secure parking places for trucks and commercial vehicles;
the provision of reservation services for safe and secure parking places for trucks and commercial vehicles.
Article 4
Definitions
For the purposes of this Directive, the following definitions shall apply:
‘Intelligent Transport Systems’ or ‘ITS’ means systems in which information and communication technologies are applied in the field of road transport, including infrastructure, vehicles and users, and in traffic management and mobility management, as well as for interfaces with other modes of transport;
‘interoperability’ means the capacity of systems and the underlying business processes to exchange data and to share information and knowledge;
‘ITS application’ means an operational instrument for the application of ITS;
‘ITS service’ means the provision of an ITS application through a well-defined organisational and operational framework with the aim of contributing to user safety, efficiency, comfort and/or to facilitate or support transport and travel operations;
‘ITS service provider’ means any provider of an ITS service, whether public or private;
‘ITS user’ means any user of ITS applications or services including travellers, vulnerable road users, road transport infrastructure users and operators, fleet managers and operators of emergency services;
‘vulnerable road users’ means non-motorised road users, such as pedestrians and cyclists as well as motor-cyclists and persons with disabilities or reduced mobility and orientation;
‘nomadic device’ means a portable communication or information device that can be brought inside the vehicle to support the driving task and/or the transport operations;
‘platform’ means an on-board or off-board unit enabling the deployment, provision, exploitation and integration of ITS applications and services;
‘architecture’ means the conceptual design that defines the structure, behaviour and integration of a given system in its surrounding context;
‘interface’ means a facility between systems which provides the media through which they can connect and interact;
‘compatibility’ means the general ability of a device or system to work with another device or system without modification;
‘continuity of services’ means the ability to ensure seamless services on transport networks across the Union;
‘road data’ means data on road infrastructure characteristics, including fixed traffic signs or their regulatory safety attributes;
‘traffic data’ means historic and real-time data on road traffic characteristics;
‘travel data’ means basic data such as public transport timetables and tariffs, necessary to provide multi-modal travel information before and during the trip to facilitate travel planning, booking and adaptation;
‘specification’ means a binding measure laying down provisions containing requirements, procedures or any other relevant rules;
‘standard’ means standard as defined in Article 1(6) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations ( 1 ).
Article 5
Deployment of ITS
Article 6
Specifications
At the latest 12 months after the adoption of the necessary specifications for a priority action, the Commission shall, where appropriate, after conducting an impact assessment including a cost-benefit analysis, present a proposal to the European Parliament and the Council in accordance with Article 294 of the TFEU on the deployment of that priority action.
Where relevant, and depending on the area covered by the specification, the specification shall include one or more of the following types of provisions:
functional provisions that describe the roles of the various stakeholders and the information flow between them;
technical provisions that provide for the technical means to fulfil the functional provisions;
organisational provisions that describe the procedural obligations of the various stakeholders;
service provisions that describe the various levels of services and their content for ITS applications and services.
The specifications shall, as appropriate, provide for conformity assessment in accordance with Decision No 768/2008/EC.
The specifications shall comply with the principles set out in Annex II.
Article 7
Delegated acts
Article 8
Standards
Article 9
Non-binding measures
The Commission may adopt guidelines and other non-binding measures to facilitate Member States' cooperation relating to the priority areas in accordance with the advisory procedure referred to in Article 15(2).
Article 10
Rules on privacy, security and re-use of information
Without prejudice to Directive 95/46/EC personal data shall only be processed insofar as such processing is necessary for the performance of ITS applications and services.
Article 11
Rules on liability
Member States shall ensure that issues related to liability, concerning the deployment and use of ITS applications and services set out in specifications adopted in accordance with Article 6, are addressed in accordance with Union law, including in particular Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products ( 2 ) as well as relevant national legislation.
Article 12
Exercise of the delegation
▼M1 —————
Article 15
Committee procedure
Article 16
European ITS Advisory Group
The Commission shall establish a European ITS Advisory Group to advise it on business and technical aspects of the deployment and use of ITS in the Union. The group shall be composed of high level representatives from relevant ITS service providers, associations of users, transport and facilities operators, manufacturing industry, social partners, professional associations, local authorities and other relevant fora.
Article 17
Reporting
Guidelines for reporting by the Member States shall be adopted in accordance with the advisory procedure referred to in Article 15(2).
The Commission shall update the working programme related to the actions under Article 6(3) by 10 January 2019 and before each subsequent five-year extension of the power to adopt delegated acts in accordance with Article 12(2).
Article 18
Transposition
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference, and its wording, shall be laid down by Member States.
Article 19
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 20
Addressees
This Directive is addressed to the Member States.
ANNEX I
PRIORITY AREAS AND ACTIONS
(as referred to in Articles 2 and 3)
— Priority area I: Optimal use of road, traffic and travel data
The specifications and standards for an optimal use of road, traffic and travel data shall include the following:
1. Specifications for priority action (a)
The definition of the necessary requirements to make EU-wide multimodal travel information services accurate and available across borders to ITS users, based on:
2. Specifications for priority action (b)
The definition of the necessary requirements to make EU-wide real-time traffic information services accurate and available across borders to ITS users, based on:
3. Specifications for priority actions (a) and (b)
3.1. The definition of the necessary requirements for the collection by relevant public authorities and/or, where relevant, by the private sector of road and traffic data (i.e. traffic circulation plans, traffic regulations and recommended routes, notably for heavy goods vehicles) and for their provisioning to ITS service providers, based on:
3.2. The definition of the necessary requirements to make road, traffic and transport services data used for digital maps accurate and available, where possible, to digital map producers and service providers, based on:
4. Specifications for priority action (c)
The definition of minimum requirements, for road safety related ‘universal traffic information’ provided, where possible, free of charge to all users, as well as their minimum content, based on:
— Priority area II: Continuity of traffic and freight management ITS services
The specifications and standards for the continuity and interoperability of traffic and freight management services, in particular on the TEN-T network, shall include the following:
1. Specifications for other actions
1.1. The definition of the necessary measures to develop an EU ITS Framework Architecture, addressing specifically ITS-related interoperability, continuity of services and multi-modality aspects, including for example multimodal interoperable ticketing, within which Member States and their competent authorities in cooperation with the private sector can develop their own ITS architecture for mobility at national, regional or local level.
1.2. The definition of the minimum necessary requirements for the continuity of ITS services, in particular for cross-border services, for the management of passenger transport across different modes of transport, based on:
1.3. The definition of the minimum necessary requirements for the continuity of ITS services for the management of freight along transport corridors and across different modes of transport, based on:
1.4. The definition of the necessary measures in the realisation of ITS applications (notably the tracking and tracing of freight along its journey and across modes of transport) for freight transport logistics (eFreight), based on:
1.5. The definition of the necessary interfaces to ensure interoperability and compatibility between the urban ITS architecture and the European ITS architecture based on:
— Priority area III: ITS road safety and security applications
The specifications and standards for ITS road safety and security applications shall include the following:
Specifications for priority action (d)
The definition of the necessary measures for the harmonised provision of an interoperable EU-wide eCall, including:
Specifications for priority action (e)
The definition of the necessary measures to provide ITS based information services for safe and secure parking places for trucks and commercial vehicles, in particular in service and rest areas on roads, based on:
Specifications for priority action (f)
The definition of the necessary measures to provide ITS based reservation services for safe and secure parking places for trucks and commercial vehicles based on:
Specifications for other actions
The definition of the necessary measures to support the safety of road users with respect to their on-board Human-Machine-Interface and the use of nomadic devices to support the driving task and/or the transport operation, as well as the security of the in-vehicle communications.
The definition of the necessary measures to improve the safety and comfort of vulnerable road users for all relevant ITS applications.
The definition of necessary measures to integrate advanced driver support information systems into vehicles and road infrastructure which fall outside the scope of Directives 2007/46/EC, 2002/24/EC and 2003/37/EC.
— Priority area IV: Linking the vehicle with the transport infrastructure
The specifications and standards for linking vehicles with the transport infrastructure shall include the following:
Specifications for other actions
The definition of necessary measures to integrate different ITS applications on an open in-vehicle platform, based on:
The definition of necessary measures to further progress the development and implementation of cooperative (vehicle-vehicle, vehicle-infrastructure, infrastructure-infrastructure) systems, based on:
ANNEX II
PRINCIPLES FOR SPECIFICATIONS AND DEPLOYMENT OF ITS
(as referred to in Articles 5, 6 and 8)
The adoption of specifications, the issuing of mandates for standards and the selection and deployment of ITS applications and services shall be based upon an evaluation of needs involving all relevant stakeholders, and shall comply with the following principles. These measures shall:
(a) |
Be effective – make a tangible contribution towards solving the key challenges affecting road transportation in Europe (e.g. reducing congestion, lowering of emissions, improving energy efficiency, attaining higher levels of safety and security including vulnerable road users); |
(b) |
Be cost-efficient – optimise the ratio of costs in relation to output with regard to meeting objectives; |
(c) |
Be proportionate – provide, where appropriate, for different levels of achievable service quality and deployment, taking into account the local, regional, national and European specificities; |
(d) |
Support continuity of services – ensure seamless services across the Union, in particular on the trans-European network, and where possible at its external borders, when ITS services are deployed. Continuity of services should be ensured at a level adapted to the characteristics of the transport networks linking countries with countries, and where appropriate, regions with regions and cities with rural areas; |
(e) |
Deliver interoperability – ensure that systems and the underlying business processes have the capacity to exchange data and to share information and knowledge to enable effective ITS service delivery; |
(f) |
Support backward compatibility – ensure, where appropriate, the capability for ITS systems to work with existing systems that share a common purpose, without hindering the development of new technologies; |
(g) |
Respect existing national infrastructure and network characteristics – take into account the inherent differences in the transport network characteristics, in particular in the sizes of the traffic volumes and in road weather conditions; |
(h) |
Promote equality of access – do not impede or discriminate against access to ITS applications and services by vulnerable road users; |
(i) |
Support maturity – demonstrate, after appropriate risk assessment, the robustness of innovative ITS systems, through a sufficient level of technical development and operational exploitation; |
(j) |
Deliver quality of timing and positioning – use of satellite-based infrastructures, or any technology providing equivalent levels of precision for the purposes of ITS applications and services that require global, continuous, accurate and guaranteed timing and positioning services; |
(k) |
Facilitate inter-modality – take into account the coordination of various modes of transport, where appropriate, when deploying ITS; |
(l) |
Respect coherence – take into account existing Union rules, policies and activities which are relevant in the field of ITS, in particular in the field of standardisation. |
( 1 ) OJ L 204, 21.7.1998, p. 37.
( 2 ) OJ L 210, 7.8.1985, p. 29.