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Document 02013R0305-20240502

Consolidated text: Commission Delegated Regulation (EU) No 305/2013 of 26 November 2012 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the harmonised provision for an interoperable EU-wide eCall (Text with EEA relevance)Text with EEA relevance

ELI: http://data.europa.eu/eli/reg_del/2013/305/2024-05-02

02013R0305 — EN — 02.05.2024 — 001.001


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COMMISSION DELEGATED REGULATION (EU) No 305/2013

of 26 November 2012

supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the harmonised provision for an interoperable EU-wide eCall

(Text with EEA relevance)

(OJ L 091 3.4.2013, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

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COMMISSION DELEGATED REGULATION (EU) 2024/1084 of 6 February 2024

  L 1084

1

12.4.2024




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COMMISSION DELEGATED REGULATION (EU) No 305/2013

of 26 November 2012

supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the harmonised provision for an interoperable EU-wide eCall

(Text with EEA relevance)



Article 1

Subject matter and scope

This Regulation 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.

Article 2

Definitions

The following definitions shall apply for the purposes of this Regulation:

(a) 

‘emergency service’ means a service, recognised as such by the Member State, that provides immediate and rapid assistance in situations where there is, in particular, a direct risk to life or limb, to individual or public health or safety, to private or public property, or to the environment, in accordance with national legislation;

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(b) 

‘public safety answering point’ (PSAP) means public safety answering point or PSAP as defined in point 36 of Article 2 of Directive (EU) 2018/1972 ( 1 );

(c) 

‘most appropriate PSAP’ means most appropriate PSAP as defined in point 37 of Article 2 of Directive (EU) 2018/1972;

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(d) 

‘eCall PSAP’ means a most appropriate PSAP defined beforehand by the authorities to first receive and handle the eCalls;

(e) 

‘eCall PSAP operator’ means a person in the eCall PSAP receiving and/or handling the emergency calls;

(f) 

‘service partner’ means a public or private organisation recognised by national authorities, that has a role in the handling of incidents related to an eCall (e.g. road operator, assistance service);

(g) 

‘in-vehicle equipment’ means equipment within the vehicle that provides or has access to the in-vehicle data required to perform the eCall transaction via a public mobile wireless communications network;

(h) 

‘eCall’ (referred to in Directive 2010/40/EU as ‘interoperable EU-wide eCall’) means an in-vehicle emergency call to 112, made either automatically by means of the activation of in-vehicle sensors or manually, which carries a standardised minimum set of data and establishes an audio channel between the vehicle and the eCall PSAP via public mobile wireless communications networks;

(i) 

‘eCall transaction’ means the establishment of a mobile wireless communications session across a public wireless communications network and the transmission of a minimum set of data from a vehicle to an eCall PSAP and the establishment of an audio channel between the vehicle and the same eCall PSAP;

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(j) 

‘minimum set of data’ (MSD) means the contextual information defined by the standard ‘Intelligent transport systems – Esafety – ECall minimum set of data (MSD)’ (EN 15722:2020) which is sent to the eCall PSAP;

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(k) 

‘Vehicle Identification Number (VIN)’ means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle, as described in ISO standard 3779;

(l) 

‘mobile wireless communications network’ means wireless communications network with homogeneous handover between network access points;

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(m) 

‘public mobile wireless communications network’ means mobile electronic communications network available to the public in accordance with Directive (EU) 2018/1972 of the European Parliament and of the Council;

(n) 

‘emergency control centre’ means a facility used by one or more emergency services to handle contextual information derived from emergency calls or MSD;

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(o) 

‘raw MSD’ means a representation of the transmitted minimum set of data before being presented in an intelligible way to the eCall PSAP operator.

Article 3

eCall PSAP requirements

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1.  
Member States shall ensure that any eCall PSAP is equipped to handle eCalls and receive the MSD originating from the in-vehicle equipment in accordance with the standard ‘Intelligent transport system – ESafety – PanEuropean eCall operating requirements’ (EN 16072:2022). If subsequent versions of that standard EN 16072 become applicable under Article 5(8) of Regulation (EU) 2015/758 ( 2 ), those subsequent versions shall apply instead of EN 16072:2022.

Member States shall ensure that any eCall PSAP is equipped to handle eCalls and receive the MSD originating from the in-vehicle equipment in accordance with the standard ‘Intelligent transport systems – Esafety – ECall High Level Application Requirements (HLAP)’ (EN 16062:2023), as long as there are circuit-switched public mobile wireless communications networks in operation on their territory.

Member States shall ensure that any eCall PSAP is equipped to handle eCalls and receive the MSD originating from the in-vehicle equipment in accordance with the technical specification ‘Intelligent transport systems – eSafety – eCall High level application Protocols (HLAP) using IMS packet switched networks’ (CEN/TS 17184:2022). Where subsequent versions of that technical specification CEN/TS 17184 or a new equivalent standard EN 17184 become applicable under Article 5(8) of Regulation (EU) 2015/758, those subsequent versions or that new standard EN 17184, whichever is applicable, shall apply instead of CEN/TS 17184:2022.

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2.  
The eCall PSAP shall handle eCalls as expeditiously and effectively as any other call made to the single European emergency number 112. The eCall PSAP shall process eCalls in line with the requirements of national regulations for emergency call processing.

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3.  
The eCall PSAP shall be able to receive the data contents of the MSD and present them to the eCall PSAP operator clearly and understandably.

When the MSD contains optional additional data as defined in EN 15722:2020, the eCall PSAP shall be able to receive such optional additional data contents and present them to the eCall PSAP operator provided that such optional additional data is specified in accordance with published CEN eCall standards or technical specifications referred to in Regulation (EU) 2015/758.

When optional additional data referred to in the second subparagraph is specified in accordance with published CEN eCall standards or technical specifications not referred to in Regulation (EU) 2015/758, the eCall PSAP is encouraged to be able to receive these optional additional data contents and present them to the eCall PSAP operator in accordance with those standards or technical specifications.

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4.  
The eCall PSAP shall have access to an appropriate Geographical Information System (GIS) or an equivalent system allowing the eCall PSAP operator to identify the position and heading of the vehicle to a minimum degree of accuracy as defined in ►M1  EN 15722:2020 ◄ for the MSD coordinates.
5.  
The abovementioned requirements shall enable the eCall PSAP to provide location, type of eCall activation (manual or automatic) and other relevant data to the appropriate emergency service(s) or service partner(s).
6.  
The eCall PSAP (initially receiving the eCall) shall establish audio communication with the vehicle and handle the eCall data; if necessary, the eCall PSAP may reroute the call and MSD data to another PSAP, emergency control centre or service partner according to national procedures determined by the national authority. Rerouting may be done via data or audio connection, or, preferably, both.
7.  
When appropriate, and depending on national procedures and legislation, the eCall PSAP and appropriate emergency service(s) or service partner(s) may be granted access to the characteristics of the vehicle contained in national databases and/or other relevant resources, in order to obtain information that is necessary for dealing with an eCall, notably to allow the interpretation of the Vehicle Identification Number (VIN) and the presentation of additional relevant information, particularly vehicle type and model.

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Article 4

Conformity assessment

1.  
Member States shall designate the authorities that are competent for assessing the conformity of the operations of the eCall PSAPs with the requirements listed in Article 3 and shall notify them to the Commission.
2.  
Conformity assessment shall be based on the part of the standard ‘Intelligent transport systems – eSafety – eCall end to end conformance testing’ (EN 16454:2023) that relates to PSAPs conformance to pan-European eCall, provided there are circuit-switched public mobile wireless communications networks in operation on their territory, and on the part of the technical specification ‘Intelligent transport systems – ESafety – ECall end to end conformance testing for IMS packet switched based systems’ (CEN/TS 17240:2018) that relates to PSAPs conformance to pan-European eCall. Where subsequent versions of that technical specification CEN/TS 17240 or a new equivalent standard EN 17240 become applicable under Article 5(8) of Regulation (EU) 2015/758, those subsequent versions or that new standard EN 17240, whichever is applicable, shall apply instead of CEN/TS 17240:2018.

Article 5

Obligations linked to the deployment of the eCall PSAPs infrastructure

Member States shall ensure that this Regulation is applied when its eCall PSAPs infrastructure is deployed in accordance with Decision No 585/2014/EU of the European Parliament and of the Council ( 3 ) and in accordance with the principles for specifications and deployment laid down in Annex II to Directive 2010/40/EU.

Article 6

Rules on privacy and data protection

1.  
The PSAPs, including eCall PSAPs, shall be regarded as controllers within the meaning of Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council ( 4 ). Where the eCall data is to be sent to other emergency control centres or service partners pursuant to Article 3(5) of this Regulation, the latter shall also be considered as data controllers.
2.  
Member States shall ensure that protocols concerning personal data processing, including retention periods defined in accordance with Article 7(2), are established at the appropriate level and properly observed.

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Article 7

Rules on liability

1.  
The eCall PSAPs must be able to demonstrate to the competent authorities that they meet all specified conformance requirements of the eCall standards listed in Article 3(1) in respect of the part(s) of the system under their design and/or control. They shall be liable only for that part of the eCalls for which they are responsible, which starts at the time the eCalls reach the eCall PSAP, in accordance with national procedures.

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2.  
To that end, and in addition to other existing measures related to the handling of emergency communications to 112, both the raw MSD received with the eCall and the MSD contents presented to the eCall operator shall be retained for a determined period of time, in accordance with national regulations or, in the absence of national regulations, for no longer than 10 years.

Article 8

Reporting

Member States shall report to the Commission by 1 April 2026 on the state of implementation of this Regulation. The report shall include at least the list of competent authorities for assessing the conformity of the operations of the eCall PSAPs, the list and geographical coverage of the eCall PSAPs, the description of the conformance tests and the description of the privacy and data protection protocols.

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Article 9

Entry into force and application

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall apply to infrastructures deployed from the date of entry into force of this Regulation. It shall apply from 23 April 2014 to infrastructures already deployed at the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.



( 1 ) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code(OJ L 321, 17.12.2018, p. 36).

( 2 ) Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC(OJ L 123, 19.5.2015, p. 77).

( 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).

( 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).

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