EXPLANATORY MEMORANDUM

1.POLICY CONTEXT

Digitalisation of transport plays an important role in bringing more efficiency to transport operations and the management of traffic flows. Efficiency gains have been highlighted in the context of the Digital Single Market Strategy where the free flow of data is seen as an enabler of growth, jobs and competitiveness for the EU. Furthermore, the role of digitalisation in supporting modal shift is also recognised within the Energy Union Strategy and recently adopted Strategy for Low-emission Mobility. Furthermore, digitalisation also brings numerous benefits to travellers themselves through the development of user-focused services.

The Delegated Regulation supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide multimodal travel information services is an enabler for increased modal shift and the promotion of sustainable modes of transport. A market already exists for the delivery of travel information services to end users, but a number of gaps and barriers are still present limiting the full potential of such services. This initiative expects to provide the necessary requirements to make EU-wide multimodal travel information services accurate and available across borders. It establishes the specifications necessary to ensure the accessibility, exchange and update of travel and traffic data and distributed journey planning for the provision of multimodal information services in the European Union. The Delegated Regulation intends to provide appropriate framework conditions enabling the co-operation of all the relevant stakeholders along the travel information value chain. The relevant stakeholders include transport authorities, transport operators, travel information service providers, infrastructure managers and transport on demand service providers etc.) Such enabling conditions aim to support the interoperability, compatibility, and continuity of multimodal information services across Europe.

This document explains and clarifies the approach followed to develop the Delegated Regulation on the provision of Europe-wide multimodal travel information services adopted in accordance with Article 7 of Directive 2010/40/EU (ITS Directive) following the principles of the Better Regulation. The delegated regulation shall be interpreted and implemented in accordance with the EU rules on competition and specifically with the rules on the exchange of sensitive commercial information.

1.1.ITS Directive

The ITS Directive (2010/40/EU) represents a policy and legal framework to accelerate the deployment of innovative transport solutions across Europe. The directive focuses on intelligent transport systems for road and its interface with other modes of transport. The Commission is empowered 1 to adopt ´Delegated Acts´ to define technical, functional and organisational specifications in relation to the six priority actions and an additional number of priority areas. The provision of 'EU-wide multimodal travel information services’ is the first of these six priorities. The Directive foresees these specifications to be binding and aims at ensuring the interoperability and continuity of services, where possible based on existing standards and technology, with a set of enabling conditions supporting the growth and operation of services. 2  

The scope of priority action (a), as outlined in the ITS Directive, concerns the fulfilment of the necessary requirements to make EU-wide multimodal travel information services accurate and available across borders to ITS users, based on in particular the accessibility and exchange of travel and traffic data and their relevant updates.

1.2.Relevant existing legal frameworks

1.2.1.EU Transport Policy Frameworks

On 16 December 2008, the European Commission adopted an Action Plan for the Deployment of Intelligent Transport Systems for road transport and its interfaces with other modes.

On 28 March 2011 the European Commission adopted the White Paper on Transport that defined a long-term vision for a transport sector including better multimodality of transport and new technologies that should lead to more optimised journeys.

In June 2014 the European Commission published a Commission Staff Working Document 'towards a roadmap for delivering EU-wide multimodal travel information, planning and ticketing services'. The aim of this roadmap was to present and analyse the major challenges to be overcome in order to create the framework to support the emergence of more comprehensive services.

On the 12 June 2015 the European Parliament adopted a resolution on delivering multimodal integrated ticketing in Europe that calls for Member States to introduce national timetable and fare information systems and real-time information on local public transport operators’ timetables, to be networked on a cross-border basis and made accessible to operators, to providers of journey planners and to consumers.

1.2.2.Relevant Interoperability Frameworks

Highly relevant for the current initiative is Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 which aims to create a European Union spatial data infrastructure to enable the sharing of and public access to spatial information (including information related to transport networks) across the Union with a view to supporting the Union's environmental policies, and policies or activities which may have an impact on the environment.

On 5 May 2011 the European Commission formally adopted the Telematics Applications for Passenger Services Technical Specifications for Interoperability (TAP TSI). The purpose of the TAP TSI is to define European-wide procedures and interfaces between all types of railway industry actors.

Regulation (EU) 1315/2013 of the European Parliament and the Council defines the transport infrastructure that is part of the trans-European transport network.

Under the framework of the ITS Directive the Commission already adopted the Delegated Regulation (EU) No 886/2013 of 15 May 2013 containing specifications for road safety related minimum universal traffic information services. Under the framework of the ITS Directive the Commission already adopted the Delegated Regulation (EU) No 2015/962 3 containing specifications for real-time traffic information services.

1.3.Importance of Multimodal Travel Information Services

The demand for cross-border travel information in the EU is extensive: every year over 300m cross border trips requiring at least one night stay are made by EU residents. A further 600m cross-border trips are made by international tourists. 4  

The internet has revolutionised the way journeys are planned; increasingly, it has replaced the traditional travel agency as a means to obtain information and book journeys. With the internet and smartphones leading to growth in highly personalised information and transportation services, information that combines different forms of transport is an important factor for smart and 'seamless door-to-door mobility'. This concept represents the ability to travel using different modes of transport in an easy and hassle free manner for the entire duration a trip. By incorporating real-time information, it also allows passengers to consider predicted delays into account and become better prepared in the event of major disruptions and congestion. Furthermore, they also play a key role in promoting more inclusive mobility by providing information tailored to the needs of special traveller groups such as people with disabilities and passengers with reduced mobility (e.g. by providing information about facilities or accessibility support available at transport interchanges). Moreover, they allow travellers choose more sustainable ways of travelling to or through city centres and therefore make better use of existing infrastructure and also allow transport operators to manage and divert the flow of its passengers during disruptions and peak travel times through travel information. Such improvements in sustainable urban mobility will also help reduce air pollution, especially in urban areas, as highlighted in Sustainable Urban Mobility Plans. 5  In addition, multimodal travel information services can also benefit the wider economy because they offer new business opportunities for service providers and contribute to job creation in a very dynamic sector.

1.4.Step-wise approach

The provision of comprehensive, easily accessible and reliable information for travellers is seen by many as a first major step and logical consequence towards integrated ticketing. This concept represents a person making a journey that involves transfers within or between different transport modes with one ticket or as few as possible. With different possible technical means available to support integrated ticketing (smart phones, contactless bank cards, ticket cards), the aim is to encourage more people to use a combination of transport modes, by simplifying switching between them and by also increasing the efficiency of the transport services. Moreover, recent market developments and initiatives such as 'Mobility as a Service' will play a promising role to support integrated ticketing. However, by following a step-wise approach, the scope of this delegated act is concerned with developing the appropriate enabling conditions to support the first step related to support travel information and planning. The first need of travellers can be seen as planning the journey and the subsequent step of executing the journey itself. A wide range of barriers already need to be addressed to support this first step and thus only the development of these enabling conditions shall be addressed. Only thereafter, it can be assessed if additional requirements are needed to support integrated ticketing and, if relevant, what action needs to be taken at an EU level.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

2.1.LEGAL BASIS

This delegated act supplements Directive 2010/40/EU in compliance with its Article 7.

A Regulation constitutes the most appropriate legal instrument for this delegated act as it does not call for national transposition measures therefore ensuring a higher degree of harmonisation and swift entry into force.

2.2.SUBSIDIARITY AND PROPORTIONALITY

According to the principle of subsidiarity (Article 5(3) of the Treaty on the European Union), action at the Union level should only be taken when the aims envisaged cannot be achieved satisfactorily by Member States alone and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Union.

Action at the Union level is needed in order to guarantee the interoperability and continuity of travel information services throughout Europe across borders, which cannot be satisfactorily achieved by individual Member States. Action on this level could result in fragmented policies and development. Throughout the document further detailed and specific arguments about why action at EU level is more suitable than at local or national are also presented but not duplicated here. The results of the cost-benefit analysis, which can be found in the staff working document accompanying the delegated regulation, also demonstrate that the financial and administrative costs for national authorities are expected to be minor and proportionate to the objectives to be achieved. A substantial part of the implementation is left to national decisions.

2.3.FUNDAMENTAL RIGHTS

In the European Union the right to the protection of personal data is guaranteed under Article 8 of the Charter of Fundamental Rights of the European Union. Whenever the measures provided for in this Commission Delegated Regulation entail the processing of personal data, they shall be carried out in accordance with EU law on protection of personal data, in particular Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data 6 .

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

3.1.Working methodology to develop specifications for priority action 'a'

The development of a set of technical, functional and organisational specifications requires a thorough analysis and evaluation on a number of different aspects. (1) Firstly, it needs to be understood how EU-wide multimodal travel information can be delivered including a comparative analysis of all possible approaches and the relevant pre-requisites. (2) Secondly, an overview of the multimodal travel information services currently on offer and how the current level of service can support all types of user needs and, if relevant, how they can be improved. (3) Finally, it needs to be understood if EU intervention is required and, if so, what shape and form such intervention should come in and how such measures affect both public and private stakeholders along the travel information value chain. Building on top of the findings from a number of previous EC studies 7 , a dedicated supporting study for priority action (a) of the ITS Directive was carried out for the Commission between March 2015 to April 2016 to conduct these tasks. A number of key deliverables were produced including a baseline interim report, a cost-benefit analysis and a final report summarising the overall findings.

3.2.Meetings with experts nominated by Member States

EU intervention that prescribes rules and requirements to support the provision of EU-wide multimodal travel in services, and in particular the interoperability between Member States, requires close cooperation during the development phase of the specifications. Member States, plus the EEA countries and Switzerland, were invited to nominate an expert to attend a series of meetings in Brussels with the Commission services to help assist the development of the specifications. Eleven meetings took place between 18 November 2014 and 18 March 2016 8 . Invited experts from the European Parliament also participated in these meetings. Such meetings focused upon discussing the findings of the key deliverables of the supporting study and stakeholder consultation. In this context, the experts played a key role by assisting the consultant in developing the baseline narrative and providing input for the key deliverables and participating in the various stakeholder consultation activities. A number of topics were discussed in the expert meetings including: appropriate measures to access and exchange travel and traffic data, the scope of travel and traffic data, the roles of public and private actors along the travel information value chain, the geographical scope of the specifications, the conditions for data re-use and the role and suitability of distributed journey planning by linking travel information services and relevant terms and conditions between those service providers. Moreover, in addition, a number of bi-lateral meetings with Member States also took place.

3.3.Stakeholder Consultation

3.3.1.Public Consultation

The provision of EU-wide multimodal travel information services concerns the involvement of a number of different public and private stakeholders. Those affected by laws understand better than anyone what impact they have, and can provide useful evidence to improve them. Therefore, an online public consultation on the provision of EU-wide multimodal travel information services ran for 14 weeks between September 2015 and December 2015. The objective of the public consultation was to gather the opinions of all types of associated public and private stakeholders in the travel information service chain on the findings of the supporting study and the proposed policy measures of EU intervention. The public consultation was split into three core categories concerned (1) the use and current market of multimodal travel information services in the EU; (2) understanding the barriers and policy enablers of the access and exchange of data and services, their quality levels and conditions for re-use; (3) the impacts of improved multimodal travel information services and scope of EU intervention. In total, 175 people and organisations from a wide range of stakeholders along the travel information value chain representing 22 Member States completed the questionnaire. A dedicated public consultation report details the full results and an analysis of the public consultation and be found online. 9  

3.3.2.Stakeholder Workshop

On 4th November 2015 a workshop was organised in Brussels by the European Commission, which was attended by over 100 public and private stakeholders across the travel information value chain from many parts of Europe. Participants represented public authorities, transport operators, private organisations (including industry, data/service providers) and users associations and a number of expert speakers representing different roles along the travel information value chain participated in a number of thematic sessions. The objective of the workshop was to discuss the identified gaps and barriers and the associated potential policy measures to support the provision of EU-wide multimodal travel information services. This included the accessibility and exchange of travel and traffic data, services for distributed journey planning, the quality of travel and traffic data and services and the conditions of their re-use. A dedicated workshop report details the outcomes of the discussions on specific proposed policy measures and can be found online. 10

3.3.3.Other Consultations

The members of the European ITS Advisory Group, composed of high-level representatives from ITS service providers, associations of users, transport and facilities operators, manufacturing industry, social partners, professional associations, local authorities and other relevant fora, were consulted on the draft specifications at the same time the draft delegated regulation was published in the Better Regulation Tool.

In addition, a number of dedicated meetings took place with different associations representing the rail, public transport, local and regional authorities, and air and travel information sectors to discuss in detail the scope of the draft delegated regulation and the policy measures envisaged to receive dedicated input prior to the final rounds of meetings with experts nominated by Member States that provided constructive feedback.

3.4.European Parliament

On 16 February 2016, the Commission presented the objective and scope of the delegated act to the members of the Transport and Tourism Committee. The presentation was well received by the various Members of the Committee especially in view of how the delegated act supports many elements of the adopted resolution of the European Parliament on delivering multimodal integrated ticketing in Europe.

3.5.Impact Assessment

An impact assessment was conducted 11 for the main legal instrument, the ITS Directive itself and for individual delegated acts it was therefore deemed suitable to conduct a cost-benefit analysis instead. 12  

3.6.STATE OF EU-WIDE MULTIMODAL TRAVEL INFORMATION SERVICES 

3.6.1.EU-wide Multimodal Travel Information Services Approaches

EU-wide multimodal travel information services can be delivered in a variety of ways with 'no one size fits all'. In short, pan-European travel information can be provided either by a single travel information service or by different local, regional and national service providers that connect together to perform distributed journey planning. A full description and explanation of the two approaches can be found in the final report of the supporting study and Commission staff working document.

3.6.2.Current Market Provision of EU-Wide Multimodal Travel Information Services

The supporting study provided an overview of the current status of multimodal travel information services in Europe and revealed that a total of 125 providers were found to be offering more than 160 services at local (that is a local city journey planner), regional, national and even pan-European level (i.e. those offering travel information to many destinations in Europe). Whilst the amount of services offered can be considered as substantial and demonstrates the market has grown in recent years, the level of service provided (that is the functionalities and options available to the end user) is still limited despite this growth over a number of years. A detailed description of the current market of EU-wide multimodal travel information services can be found in the final report of the supporting study and Commission staff working document. The stakeholder consultation revealed that stakeholders across all categories agreed with the need to improve travel information services and that current level of service was not satisfactory to fulfil users travel requirements fully benefit societies at large. Meetings with experts nominated by Member States further reinforced this point agreeing that the specifications would need to focus on provisions that support all possible approaches i.e. centralised and de-centralised architectures.

3.7.Key Barriers

3.7.1.Insufficient accessibility of travel and traffic data

Data is the pre-requisite and main enabler of comprehensive travel information services. Without access to full range of datasets across Europe from public and private sources, services will remain limited in scope, both in a geographical (all urban and inter-urban parts of Europe) and modal (all available transport modes) sense. At present, access to the full range travel and traffic data is still limited and technically speaking there are no appropriate data sharing mechanisms widely available across the Member States. Findings from the stakeholder consultation activities (which involved the 12 week public consultation and dedicated meetings with stakeholder groups) revealed that whilst improvements have been made in improving the access to some data elements, access to data overall remains one of the key barriers for the provision of EU-wide multimodal travel information services. As an example, 75% of respondents of the public consultation in 2016 still regard lack of fair and equal access to data as an important or very important barrier. Meetings with experts nominated by Member States further reinforced this view but also highlighted the current differences in the approaches to access public and private travel and traffic data and that of static (does not change on a regular basis) and dynamic (changes on a regular basis) data with the latter posing more problems due to the complexity and accuracy of the data itself.

3.7.2.Lack of travel and traffic data interoperability

To support the provision of EU-wide multimodal travel information services, the ability to easily exchange and integrate multiple sources of data of different transport modes is essential. However, at present there is no single data format for all modes: instead, a large variety of data formats and exchange protocols are used amongst the various transport modes making it increasingly costly and time consuming for travel information service providers to manage and integrate various data sources. In this context, some transport modes already use standards or technical specifications based on other relevant legislation or are 'de-facto' standards due to industry activity. For the road sector, the DATEX standard is used, for rail it is the TAP-TSI technical specification and for air the IATA data standard is used. However, for what concerns other modes of transport, i.e. public transport and long-distance coaches, the standards for the data exchange protocol exist at an EU level (NeTEx and SIRI) but most Member States mainly use either national data exchange protocol standards based on the European data model standard Transmodel or Google's GTFS. This gap is seen as a key barrier in the provision of full door-to-door mobility and the inclusion of the "first and last mile" of travel information, which is information concerning how to reach the train station, airport etc. using local public transport. Findings from the broad stakeholder consultation overwhelmingly revealed that interoperability is essential to support the provision of EU-wide multimodal travel information services and such interoperability has not been achieved yet in Europe. For example, the online public consultation revealed that, a maximum of only 12% across different stakeholders groups agreed that travel and traffic data was sufficiently interoperable. In particular, travel information services scored this as just 5%. Meetings with experts by nominated by Member States further reinforced this view stating that whilst advancements had been made to improve interoperability at a national level with national standards, the next step is to enlarge this interoperability across Europe as a whole.

3.7.3.Lack of travel information service interoperability

Many travel information services exist at city, regional and national level and the advantage of such services in the provision of EU-wide multimodal travel information is the local knowledge and the level of detail they can provide for better route optimisation (i.e. the local knowledge of traffic congestion patterns, bottlenecks and other aspects that support the delivery of the most optimal travel itinerary for the end user that large pan-European services will not be able to provide). Furthermore, they can also support the link for the so called ‘first and last mile’ of journeys, which is the travel information for local public transport from the main transport interchange. However, the interoperability between such services to support the provision of distributed journey planning remains limited. In recent years, efforts have been made by various Member States (notably the UK, France and Germany) to support the standardisation of distributed journey planning, but such efforts have been focused only at national level. Findings from the stakeholder consultation revealed that interoperability of services is another key barrier to support the provision of EU-wide multimodal travel information services. When prompted to identify the most important reasons hampering distributed journey planning in Europe the most popular response was the lack of commonly accepted and standardised application programming interfaces (APIs). Experts nominated by Member States also highlighted the importance of including policy measures the support the continued use of local, regional and national services.

3.7.4.Insufficient travel and traffic data quality

The quality of travel and traffic data in terms of being accurate, up to date and relevant updates given in a timely manner so they are useful for the end user (i.e. change of platform given before the train leaves) are fundamental for the widespread and uptake of multimodal travel information services. However, quality levels, especially those for real-time information, are varied across the EU and consistency of such data quality is essential. In terms of the end user experience of such services, findings from the broad stakeholder consultation overwhelmingly revealed that lack of widespread and consistent data quality as another key barrier to support the provision of EU-wide multimodal travel information services. For example, the results of the public consultation revealed that 69% do not agree that the quality of multimodal travel information in Europe is currently sufficient. In particular, the quality of data integrated by external service providers was also highlighted by stakeholders and experts nominated by Member States.

3.8.Key Enablers

3.8.1.Ensuring that users have access to the right scope of data and information with the appropriate data sharing mechanism

In order to support the provision of access to a wide range of travel and traffic data from public and private sources, an appropriate data sharing mechanism that allows users to know at least where to find all of the relevant travel and traffic data is essential. The provision of a national access point, the same data sharing mechanism already included within the other delegated regulations of the ITS Directive, was identified as a suitable solution so long as the same level of flexibility, that is the ability to determine the shape and form of the national access point, was also ensured for this delegated regulation. The stakeholder consultation indicated a good level of support for the provision of a national access point and gave an overwhelming level of support for access to data enabling a full door-to-door geographical coverage that is data covering the widest possible area including cities and not restricted to a certain part of the network. For example, in the public consultation 78% of respondents declared support for the provision of an access point to support the provision of EU-wide multimodal travel information services. Meetings with experts nominated by Member States further reinforced this view and highlighted the point to distinguish between static and dynamic data (more difficult) and the ability to implement the national access point in a phased approach, both in terms in the scope of the data and the geographical coverage. Experts nominated by Member States highlighted the need to gradually build the national access point given the large volume of data and transport modes included compared to other delegated regulations and that some datasets are more important and need to be implemented sooner than others i.e. the relative importance and availability of timetable data over payment method data.

With regard to the associated costs of providing access to data it was widely recognised by both stakeholders and experts nominated by Member States for the need to support financial compensation to recover such costs associated. The issues of liability and accuracy of data were key discussion points in the provision of access to data. It was strongly reinforced by both stakeholders and experts nominated by Member States that terms and conditions to access data should be defined in the relevant licence agreement of the data provider. Furthermore, the concept of travel option ranking and travel information neutrality was also widely acknowledged by both groups as an important consequence of access to a wider range of data and the need to ensure the transparency of how travel options are ranked and the neutrality of travel information given to the end user. In the case of providing the static travel and traffic data concerning tariffs and ticketing at listed in Annex I, this delegated regulation should not expose business secrets and be implemented to fully support competition law. The cyber-security of travel and traffic information systems and national access points may also be addressed including reviewing any relevant safeguards if deemed necessary.

3.8.2.Making travel and traffic data interoperable with a common set of data exchange standards

In order to support the provision of access to a wide range of travel and traffic data from public and private sources, the various datasets need to be easily understood by those service providers wanting to integrate various sources of data at the level of the national access point. For this to occur, interoperability is essential with a common set of data exchange protocol standards across the modes of transport at the level of the national access point for static and dynamic data. The stakeholder consultation indicated a good level of support for the need of a common set of European standards and new requirements for those transport not already covered by regulation or de-facto industry activity, however the views on whether or not the new standard requirements should be recommended or mandated by the EU was split. Nevertheless, the role of the EU to support interoperability was strongly supported. As an example, between 65% - 90% of stakeholders across the different domains scored that common data standards would enhance the re-use and exchange of data. In particular, travel information service providers who would greatly benefit from data interoperability support this statement with 85%. Experts nominated by Member States stressed the need for European standards to be mandated in order to fully optimise the use of the national access point and ensure widespread and full interoperability. However, such experts also reinforced the point that in order to be effective the use of standards needs to be stable, well supported by the stakeholder community and Member States should be given sufficient time to adjust. Moreover, the conversion to European standards was identified as an easy and inexpensive process.

3.8.3.Improving the interoperability of travel information services and supporting distributed journey planning

In order to support the provision of EU-wide multimodal travel information through distributed journey planning, the appropriate framework which encourages the linking of travel information services and measures to support their interoperability are fundamental. The stakeholder consultation indicated a good level of support for such provisions to be tackled at EU level with a maximum of 10% across different stakeholder groups declaring that no intervention should take place at EU level. The consultation did however highlight the fact that distributed journey planning is more appropriate between certain cities, regions and Member States with higher traffic flow than others with less demand and therefore any rules or provisions should reflect this. The stakeholder consultation also revealed the need for any provisions to include both public and private services which was reinforced with experts nominated by Member States in order to ensure a level playing field. In addition, the difficulty of clearly distinguishing between public and private services was also highlighted. As opposed with the data exchange interoperability requirements which are more mature and stable, it was widely recognised by stakeholders and experts nominated by Member States to that any relevant interface service standards should be referred to in the context of the specifications, given the level of maturity of the sector and to support further innovation in this field. With regard to the associated costs of performing distributed journey planning, it was widely recognised for the need to support financial compensation to recover such costs associated with linking travel information services.

3.8.4.Improving the quality of multimodal travel information services with a basic data quality framework

In order to support the provision of EU-wide multimodal travel information the appropriate to support high quality travel and traffic data in a consistent manner across the EU is important. The stakeholder consultation indicated a good level of support for such provisions to be tackled at EU level with 67% stating that the quality of travel and traffic data should be consistent across the EU. However, the consultation also highlighted the fact that common minimum requirements could only be envisaged because the scope of data updates from different transport mode varies i.e. the frequency of data updates concerning local public transport and long distance coach. Furthermore, providers of travel information services would argue that it is in their interest to provide accurate and up to date travel information for the benefit of the end-user, however to ensure consistency across the EU a minimum data quality framework was regarded by both stakeholders and experts nominated by Member States as highly beneficial.

3.9.POLICY OPTIONS

To support the provision of EU-wide multimodal travel information services a combination of different policy measures are needed as detailed throughout this document. However, the scale and scope of each measure can vary, i.e. the policy measure could be mandated or simply recommended. Four core policy options that include different combinations of the policy measures were developed with Member States and assessed within a cost-benefit analysis. The policy options were scoped around the different approaches to support EU-wide multimodal travel information services: those focusing on requirements that support data access and exchange or service access and exchange for distributed journey planning or a balanced combination of both.

3.10.POTENTIAL IMPACTS OF POLICY OPTIONS

3.10.1.Cost-Benefit Analysis

A cost-benefit analysis was carried out by the supporting study based on the four core policy options mentioned above. Each option was then divided into 2 sub options (a) the specifications prescribed for the comprehensive TEN-T network and (b) for the entire EU transport network. The Cost Benefit Analysis was conducted in line with the advice set out in the EC ‘Better Regulation Guidelines’. The Cost Benefit Analysis period was conducted over a 15 year period (i.e. 2016-2030), with implementation being phased in over varying timescales for different elements across the period of 2016-2023.

The Cost Benefit Analysis identified the implementation and operational costs, using the EC standard cost model approach, associated with the key policy measures:

Creation and maintenance of the national access point

Development of data standardisation at the level of the of the national access point

Implementation and maintenance of a quality framework 

The implementation and maintenance of distributed journey planning across the EU

The Cost Benefit Analysis identified the benefits of each scenario on the basis of:

The number of journeys for which travellers would save time pre-trip when planning cross-border journeys by using one comprehensive multimodal journey planner instead of several 

The number of rail journeys during which travellers would reduce the on-trip time spent during disrupted journeys by being able to change their plans during disrupted trips as a result of better access to real time information at all stages of their journey

The number of cross-border journeys where travellers switch modes for the ‘last leg’ of their outward journey and ‘first leg’ of their homeward journey from hire car or taxi to more sustainable modes as a result of easier access to journey planning information at their destination, resulting in primarily in reduced congestion but also benefits such as reduced emissions and improved air quality

Cost savings for MMTIPS providers through reduction in data discovery, data aggregation and interfaces

The data used in the model to conduct the cost-benefit analysis were based on a broad range of sources coming directly from stakeholders along travel information, other studies and projects in the field and EU statistical officers. In most cases, the data used were from real-life cases, only in certain exceptions were data models created based on logical and relevant assumptions and predictions.

Overall, the consultants' estimates indicate a positive cost/benefit ratio of the Commission taking action in the field of multimodal information with the 'comprehensive' policy option providing the highest overall cost-benefit ratio of 10.3 bringing over 1 billion EUR of benefits in relation to costs of 100 million EUR across all EU-28 over a 15 year period. The full details of the cost-benefit analysis can be found in the final report of the supporting study and a summary can be found in the staff working document accompanying the delegated regulation.

3.10.2.Comparison of Policy Options

Complementing the cost-benefit analysis, a qualitative analysis of the different policy options was conducted based on a multi-criteria framework. The parameters included:

Effectiveness in closing the gaps of limited data access and interoperability of travel and traffic data, lack of travel information service interoperability and insufficient travel and traffic data quality and effectiveness in achieving the general objective of making travel information services available and accurate across borders.

The financial and administrative impact on targeted stakeholders implementing the different policy measures, in particular operating and investment costs.

The technological risks of implementing the different policy measures, in particular the stability and available of the technologies required/referred.

The proportionality and EU added value in terms of whether the measures go beyond what is necessary to achieve the objectives as well as whether the measure would be implemented more effectively at national/regional/local level.

The full details of the qualitative analysis can be found in the staff working document accompanying the delegated regulation, but in summary:

The baseline scenario is expected to continue as usual and policy options 1, 2 and 3 would not be sufficient enough to close the aforementioned gaps and fulfil the objectives of the delegated regulation. The policy option that will be the most effective in closing the aforementioned barriers and support the objective of making travel information services accurate and available across borders in the most cost-effective way is the comprehensive policy option.

Firstly, this policy option allows all possible approaches to conduct EU-wide multimodal travel information services to be used deemed an important factor by both Member States and stakeholders. However, in order to support both approaches it would not be feasible to simply combine all of the policy measures included in policy option 2 and 3 as the cost would substantially higher. Instead a trade-off between the most important and more effective policy measures within each should be combined together to make a balanced and comprehensive approach.

Therefore, by focusing on static travel and traffic data in the national access point, combined with European standardisation requirements for the NAP and not mandating the use of dynamic data and specific data update requirements 17 the data access and exchange can be substantially addressed without putting too much burden on the affected stakeholders and Member States. In order to support distributed journey planning, a demand-based approach rather than requiring all travel information services to link was seemed the most suitable and effective trade-off. This demand-driven binding obligation is not expected to negatively influence market players, as the relevant services that would participate include only local, regional or national travel information. This is because they are not in competition with each other as they provide travel information for their own governing territory and therefore work together in a complementary network manner to support cross-border or inter-region travel information. In addition, sensitive commercial information would not be exchanged as detailed in the delegated regulation that specifies which the type of information should be exchanged. It relates to the travel planning information and not dynamic fare information or the ability to purchase tickets etc. Regarding the impact on private SMEs/start-ups to conduct distributed journey planning, there are no differences between this policy option and the former. In addition, the recommended use of the European standardised interface to perform distributed journey planning, rather than the mandatory use, is an important trade-off.

In terms of the geographical scope of the policy option, the results of the cost-benefit analysis and the feedback from experts nominated by Member States strongly indicated the benefit of covering the entire EU transport network and not restricting the requirements of the delegated regulation to the comprehensive TEN-T network only. The primary argument is that the full benefit of multimodal travel information can only be realised with the full 'door-to-door' coverage i.e. needing travelling information for your entire journey from your starting point to your final destination. In addition, restricting the geographical scope of the delegated regulation also means the full benefits would not be realised by all travellers. As a trade-off to support the full network coverage of the requirements, a phased approach that allows Member States and affected stakeholders the opportunity to build up the national access point over time is proposed. It would start with the data that covers the comprehensive TEN-T in a first stage and the entire EU transport network in a second stage. Such a trade-off is an important mechanism to realise the full geographical coverage and benefit of the delegated regulation and to ease the costs and efforts of implementation over a sufficient period of time for stakeholders.

In terms of the potential technological risks, as aforementioned in the earlier policy options, the level of risk is expected to be moderate due to the fact that data standards will be required at the level of the NAP but the technical interface for distributed planning will not be mandatory.

This policy option does not go beyond what is necessary to achieve the objectives of the initiative as it combines the best trade-off between provisions that support all possible architectures of EU-wide multimodal travel information services. To support the provision of EU-wide multimodal travel information services, there needs to be a common and harmonised framework at an EU level that sets out common rules and requirements to start triggering the implementation process. Therefore, the objectives of the proposed action can be better achieved at the Union level due to the effectiveness and efficiency of a common and harmonised framework.

There were also some concerns raised by stakeholders, which have been addressed in the preferred option. Whilst 75% of respondents agreed that travel and traffic data needs to be interoperable across the EU (and only 10% stating that sufficient levels of interoperability have been achieved) a relatively slim majority for mandated EU standards was noted in the public consultation. However, only 10% of respondents in all stakeholder categories were against the use of standards and large proportion of those groups were undecided. In particular, the stakeholder groups which were most critical of the use of data standards (railway operators) are those groups unaffected by the requirements as they concern other scheduled modes of transport including public transport. Subsequent bi-lateral meetings with the CER Ticketing Group clarified this topic as it was deemed that the questions in the public consultation were not clear enough. Furthermore, regarding the issue of dynamic fare data which stakeholders expressed concern in sharing, bi-lateral meetings with various stakeholder groups that were most concerned with this topic (railway operators) were also used to provide clarity on the topic as the objective of the delegated act is not to provide access to this kind of data.

Stakeholders welcomed in particular the flexible approach of implementing the national access point (Member States choosing the technical form of the NAP to suit their national context, the optional inclusion of dynamic data, the phased approach of building up the NAP with the relevant data), the inclusion of the licence agreement for data access and contractual agreements/recommended use of the standardised interface for distributed journey planning.

Whilst the results may show a limited overall support for legislation (55% of total respondents) what is important to highlight is that the other types of EU actions did not receive considerably higher scores. Funding, the highest scoring option, only received 62% of total respondents. Looking at the results in detail, respondents were able to choose a combination of different measures but only 23% of respondents did not include legislation at all as an option in their selection. In addition, where respondents only chose one measure on its own to enable the provision of EU-wide multimodal travel information services, legislation was the highest scoring option out of all.

Concerning the use of legislation as opposed to purely soft-law measures (such as recommendations, guidelines, exchange of best practises) legislation ensures that developments and progress are made in a consistent and harmonised manner by all actors across the value chain. In comparison soft-law provisions do not ensure a harmonised level of uptake and consistency. In a multimodal context where travel information demand is spread across all of Europe and all modes are relevant it is therefore essential that all developments are conducted in a consistent and harmonised manner to avoid fragmentation and gaps in the market (certain transport modes more developed than others, certain Member States more developed than others).

The need to include both public and private actors is justified on the ground that multimodal travel information is based on both public and private sources and provisions for only public actors would lead to further fragmentation. Improvements would only be achieved with one half of stakeholders and therefore limited progress in the other. As a result, travellers would continue to receive insufficient pan-European travel information. To support the development of comprehensive and accurate multimodal travel information services the same provisions need to be set for both public and private actors.

In terms of timing, the relevant initiatives that first called for action to realise seamless door-to-door multimodal travel information began as early as 2008, yet the availability of such travel information does still not exist in 2016. Therefore, the timing of this EU intervention can be seen as appropriate and justified. Moreover, when comparing the results of the public consultations from 2013 and 2015, the same barriers are highlighted further reinforcing the view for EU intervention. 18 The results of the 2016 public consultation also highlighted that both the providers and users of travel and traffic data and services hold the belief that a combination of measures including both legislation, funding and stakeholder coordinated are required to support the provision of EU-wide multimodal travel information services.

4.BUDGETARY IMPLICATIONS

There are no budgetary implications for the EU budget.

COMMISSION DELEGATED REGULATION (EU) …/...

of XXX

supplementing Directive 2010/40/EU of the European Parliament and of the Council
with regard to the provision of EU-wide multimodal travel information services

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 19 , and in particular Article 6 (1) thereof,

Whereas:

(1)Article 3(a) of Directive 2010/40/EU sets as a priority action the provision of Union-wide multimodal travel information services for the development and use of specifications and standards.

(2)Article 5 of Directive 2010/40/EU provides that specifications adopted in accordance with Article 6 of this Directive should apply to the ITS applications and services when these are deployed without prejudice to the right of each Member State to decide on the deployment of such applications and services on its territory.

(3)These specifications should apply to the provision of all travel information services without prejudice to particular specifications adopted in other acts under Directive 2010/40/EU, notably Commission Delegated Regulations (EU) No 886/2013 and 2015/962, as well as Commission Regulation (EU) No 454/2011.

(4)As regards the provision of multimodal travel information services, Directive 2003/98/EC of the European Parliament and of the Council 20  sets out minimum rules for the re-use of public sector information throughout the Union. With respect to the re-use of data held by transport authorities and transport operators, the rules established by this Regulation, in particular the ones concerning data updates, should apply without prejudice to the rules established by Directive 2003/98/EC.

(5)Whenever the measures provided for in this Delegated Regulation entail the processing of personal data, they shall be carried out in accordance with EU law on the protection of personal data, in particular Directive 95/46/EC 21 and Directive 2002/58/EC 22 , as well as the national implementing measures thereto. Information relating to an identified or identifiable natural person should be processed in strict compliance with the data minimisation principle and only for the purposes of this Regulation and as long as necessary. Such data should not allow for the identification of an individual or make an individual identifiable whenever possible and when it does not hinder the purpose of this Regulation

(6)Where the information service relies on the collection of data, including geo-location, end users should be clearly informed about the collection of such data, the arrangements for data collection and potential tracking, and the periods for which such data are kept. Appropriate technical measures (including privacy by design and data protection by design features) should be deployed by public and private data collectors such as transport operators, transport authorities, travel information service providers and digital map producers to ensure pseudonymisation 23 of the data received from end users.

(7)Directive 2007/2/EC 24 of the European Parliament and of the Council aims at creating a Union spatial data infrastructure which enables the sharing of and public access to spatial information, including information related to transport networks, across the Union, with a view to supporting Union environmental policies, and policies or activities which may have an impact on the environment. The specifications set out in this Regulation should be compatible with those established by Directive 2007/2/EC and Commission Regulation (EU) No 1089/2010.

(8)The specifications set out in this Regulation should apply to all transport modes in the Union, such as schedule based (air, rail including high speed rail, conventional rail and light rail, long-distance coach, maritime including ferry, metro, tram, bus, trolley-bus, cableways), transport on demand (shuttle bus, shuttle ferry, taxi, ride-share, car-share, car-pool, car-hire, bike-share, bike-hire, dial-a-ride) and personal based (car, motorcycle, bicycle, walking). Walking as a travel option to fulfil parts of the first and last mile of the journey is very relevant for multimodal travel information and can bring both environmental and network management benefits but also health benefits to the traveller directly.

(9)Regulation (EU) No 1315/2013 of the European Parliament and of the Council 25  establishes the transport infrastructure that is part of the core and the comprehensive trans- European transport networks. In order to address the travelling needs of end-users across the Union and to maximise the full potential of multimodal travel information, the full door-to-door network coverage is needed. Therefore, this Regulation should apply to the comprehensive TEN-T network, including Urban Nodes, and the other parts of the transport network.

(10)In order to support the provision of Union-wide multimodal travel information services, both centralised approaches based on data provisions and de-centralised approaches based on data and service provisions can be used. Therefore, this Regulation should include requirements for both data and service provision to support those two approaches. In order to facilitate the easy exchange and re-use of these data for the provision of comprehensive travel information services, transport authorities, transport operators, infrastructure managers or transport on demand service providers as appropriate should make the static data, corresponding metadata and information on the quality of the data accessible to service providers through a national or common access point. The access point may take various forms, such as a database, data warehouse, data marketplace, repository, and register, web portal or similar depending on the type of data. Member States should consider regrouping the existing public and private access points in a single point enabling access to all the types of relevant available data that fall within the scope of these specifications.

(11)Member States should be allowed to co- operate with one another to set up a common access point covering the available data of the participating Member States. Member States should be free to decide to use the access points established under other delegated acts adopted under Directive 2010/40/EU as the national access points for the data falling within the scope of this Regulation. Moreover, Member States should be free to decide to use pre-existing access points covering multiple sectors as the National Access Point. Member States may define which actor is responsible for the provision of the travel and traffic data listed in Annex I. Where relevant transport operators, infrastructure managers and transport on demand service providers operate across different Member States, the relevant data should hosted in one NAP but should be listed in all relevant NAP including the relevant metadata. Terms and conditions for the use of the traffic and travel data provided through the national access point may be determined, where appropriate, through a licence agreement.

(12)The travel and traffic data listed in Annex I may be integrated into the national access point in a phased approach. Member States should be free to decide whether or not to integrate the data listed in Annex I ahead of the time limit set. Multimodal travel information services are based on both static and dynamic travel and traffic data as listed in Annex I. Static travel and traffic data is essential for information and planning purposes during the pre-trip phase and is therefore required by all Member States. Dynamic travel and traffic data, for example travel disturbances and delays, can allow end users to make well informed travel decisions and bring time savings. However, the integration of dynamic travel and traffic data within national access points may bring additional effort. Member States should be free to decide whether or not to include the dynamic travel and traffic data listed in Annex I though the national access point. Should they decide to do that the requirements of this Regulation should apply. To ensure that the development of multimodal travel information is consistent and coherent across the Union, Member States are encouraged to integrate the existing dynamic travel and traffic data through the national access point according to the following timeline: the travel and traffic data set out in point 2.1 of Annex I by 1 December 2019, the travel and traffic data set out in point 2.2 of Annex I by 1 December 2020 and the travel and traffic data set out in point 2.3 of Annex I by 1 December 2021.

(13)In order to allow the successful and cost-efficient use of national access points, it is necessary to properly describe the content and structure of the relevant travel and traffic data by using the appropriate metadata.  26

(14)These specifications should not oblige transport authorities, transport operators and transport on demand service providers to start collecting any data that is not already available in machine readable format. The specific requirements regarding the static and dynamic travel and traffic data of different transport modes should only apply to the data that is actually collected and available in machine readable format. At the same time Member States should be encouraged to look for cost-effective ways that are appropriate for their needs to digitise existing static and dynamic data of different transport modes. Member States that start digitising static and dynamic travel and traffic information of different transport modes that can be used for multimodal travel information services are encouraged to start with the data defined in level of service 1 of Annex I and then beyond in level of service 2 and 3. The data defined in the first group are regarded as essential for the basic functioning of multimodal travel information services.

(15)In order to develop a harmonised and seamless provision of multimodal travel information services and to support interoperability across the Union, a harmonised set of interoperable data exchange formats and protocols based on existing technical solutions and standards across different transport modes should be used at the national access point. Within the frame of multimodal travel information services there are a number of relevant pre-existing standards and technical specifications that exist covering road (DATEX II), rail (TAP-TSI technical documents B1, B2, B3, B4, B8, B9), air (IATA SSIM) and underlying spatial data (INSPIRE). In such cases this Regulation should refer to the requirements already in place but such transport modes may choose to use other standards and technical specifications identified in the specification. However, duplication of the same travel and traffic data in more than one format should be avoided (for example urban rail data in either TAP-TSI or NeTEx). In the future such standards, notably DATEX II, may expand their scope to cover further urban elements, and if available they should be used in the frame of the specifications.

(16)For what concerns the exchange of static scheduled data (such as public transport, long distance coach and maritime including ferry), the relevant data in the national access point should use the CEN data exchange standard NeTEx CEN/TS 16614 based on the underlying conceptual data reference model Transmodel EN 12896: 2006 and subsequent upgraded versions or any machine-readable format fully compatible by the agreed timeline. For what concerns the exchange of dynamic public transport data, if Member States choose to include dynamic data in the national access point the relevant parts of the CEN public transport data exchange standard SIRI CEN/TS 15531 and subsequent upgraded versions or any machine-readable format fully compatible should be used. Member States may choose to continue using national public transport data standards at the Member State level for national operations but to ensure EU-wide interoperability and the continuity of services, the specified EU standards must be used at the national access point level. Member States may use translation and conversion methods to adhere to the European standardisation requirements. The version of the prescribed standards that is available at the time of date of application should be used. Any relevant updates that widen the scope and include new types of data should be used.

(17)To ensure the optimal use and full interoperability of the aforementioned standards between Member States, a common minimum profile that identifies the different key elements of the standard should be established and used within national access points. Member States' national profiles must be based on a common minimum European profile when it exists.

(18)The provision of accurate and reliable travel information by service providers is essential for travellers across the Union. When changes occur, the relevant data should be updated by the transport authorities or transport operators through the national access point in a timely manner. Moreover, when travel and traffic data is used by a service provider, there is a risk of inaccurate travel information being displayed to users which may have a negative impact on the journey taken by the traveller. When any inaccuracies are detected by transport authorities, transport operators, infrastructure managers or transport on demand service providers, such errors should be corrected in a timely manner.

(19)At present, there are a substantial number of multimodal travel information services in Europe but those services that offer a full door-to-door routing result are mainly limited to the territory within a Member State. A key solution to enhance the geographical coverage of travel information services and to support Union-wide multimodal travel information is by linking local, regional and national travel information services. This involves the use of technological tools including interfaces to link existing information systems to exchange routing results. It is recommended that travel information services should use the European Technical Specification entitled 'Intelligent Transport Systems – Public Transport – Open API for distributed journey planning 00278420' currently under finalisation when performing distributed journey planning. When service providers establish handover points for distributed journey planning, such handover points should be listed in the national access point.

(20)Travel information services may provide multiple travel options to users with different transport operators. It is imperative that service providers are transparent in the criteria used to rank travel options and provide neutral travel information. Wherever possible, travel information service providers should provide information on the greenhouse-gas emissions of different modes to support the shift to sustainable modes of transport. It is also strongly encouraged for services providers to allow direct customer feedback regarding service quality.

(21)The use of static and dynamic data for the purpose of travel information services involves data from different actors across the value chain. In many cases the original data from a transport authorities, transport operators, infrastructure managers or transport on demand service providers will be used by a travel information service provider. In this instance it is imperative that the original source, the date and time of the last static update are indicated when used.

(22)To maximise the foreseeable use of travel information services by persons with functional limitations, travel information service providers and Member States when implementing the delegated regulation should take into account relevant legislation as regards accessibility requirements such as the forthcoming European Accessibility Act. Relevant requirements include the accessibility of websites and mobile device-based services in a consistent and adequate way for users' perception, operation and understanding.

(23)In order to make sure that these specifications are correctly implemented, Member States    should    assess the compliance with the requirements concerning the accessibility, exchange, re-use and update of the multimodal travel data by the transport authorities, transport operators, transport on demand service providers and travel information service providers. To that end the competent authorities should be free to rely on self-declarations of compliance submitted by transport authorities, transport operators, infrastructure managers, transport on demand service providers or travel information service providers, and may randomly check the correctness of these declarations.

(24)In order to monitor the implementation of this Regulation, Member States should provide the Commission with a report that describes the implementation of the different requirements.

(25)Through the Connecting Europe Facility the Commission will support different technical requirements established within this Regulation through a programme support action 27 , notably the establishment of the national access point, the conversion to prescribed data exchange standards and the use of common minimum profiles within national access points and the linkage of travel information services where relevant.

(26)The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council 28 and delivered an opinion on [...],

HAS ADOPTED THIS REGULATION:

Article 1
Subject matter and scope

1.This Regulation establishes the necessary specifications in order to ensure that EU-wide multimodal travel information services are accurate and available across borders to ITS users.

2.This Regulation applies to the entire transport network of the Union.

3.This Regulation shall apply in accordance with Article 5 of Directive 2010/40/EU.

Article 2
Definitions

For the purposes of this Regulation, the definitions set out in Article 4 of Directive 2010/40/EU and in Article 3 of Regulation (EU) 1315/2013 shall apply.

The following definitions shall also apply:

(1)‘accessibility of the data’ means the possibility to request and obtain the data at any time in a machine readable format;

(2)‘data update’ means any modification of the existing data, including its deletion or insertion of new or additional elements;

(3)‘metadata’ means a structured description of the contents of the data facilitating the discovery and use of this data;

(4)‘discovery services’ means services allowing for the search of the requested data using the contents of the corresponding metadata and displaying such contents;

(5)‘comprehensive trans-European transport network’ means the transport infrastructure that is part of the comprehensive network as defined in Regulation (EU) No 1315/2013 ;

(6)‘access point’ means a digital interface where at least the static travel and historic traffic data together with the corresponding metadata are made accessible for re-use to users, or where the sources and metadata of these data are made accessible for re-use to users;

(7)‘dynamic travel and traffic data’ means data relating to different transport modes that changes often or on a regular basis, as listed in Annex I;

(8)‘static travel and traffic data’ means data relating to different transport modes that does not change at all or does not change often, or change on a regular basis, as listed in Annex I;

(9)‘transport authority’ means any public authority responsible for the traffic management or the planning, control or management of a given transport network or modes of transport, or both, falling within its territorial competence;

(10)‘transport operator’ means any public or private entity that is responsible for the maintenance and management of the transport service;

(11)‘user’ means any public or private entity or end user;

(12)‘end user’ means any natural or legal person;

(13)‘travel information service’ means an ITS service, including digital maps, that provides users, and end-users, with travel and traffic information of at least one transport mode;

(14)‘historic traffic data’ means traffic characteristics depending on the hour, day, season based on previous measurements, including rate of congestion, average speeds, average travel times, as listed in Annex I;

(15)‘timeliness of data’ means the availability of up to date data provided to users and end users sufficiently in advance to be useful;

(16)‘travel information service provider’ means any public or private provider of travel and traffic information, excluding a mere conveyer of information, to users and end-users;

(17)‘transport on demand’ means a passenger transport service which is characterised by flexible routing such as car-sharing, car-pooling, bike-sharing, ride-sharing, taxi, dial-a-ride services. These services usually require interaction between the transport on demand service provider and end-users before delivery;

(18)‘transport on demand service provider’ means any public or private provider of transport on demand service to users and end-users, including travel and traffic information thereof;

(19)‘linking of service’ means the connection of local, regional, and national travel information systems which are interlinked via technical interfaces to provide routing results or other application programming interfaces (APIs) results based on static and/or dynamic travel and traffic information;

(20)‘handover point’ means the station, stop or location at which two travel information services´ routing results are linked to produce a journey;

(21)‘multimodal travel information’ means information derived from any static or dynamic travel and traffic data, or both, for users and end-users, through any communication means, covering at least two modes of transport and allowing the possibility to compare transport modes;

(22)‘routing result’ means the travel itinerary in a machine readable format resulting from an end-users' journey request with reference to the hand-over point(s) used;

(23)‘infrastructure manager’ means any public or private body or undertaking that is responsible in particular for establishing and maintaining transport infrastructure, or part thereof;

(24)‘traveller transport service’ means any public or private transport service or any service which is available for collective use or private use by the general public covering different modes of transport.

Article 3
National access points

1.Each Member State shall set up a national access point. The national access point shall constitute a single point of access for users to at least the static travel and traffic data and historic traffic data of different transport modes, including data updates, as set out in Annex I, provided by the transport authorities, transport operators, infrastructure managers or transport on demand service providers within the territory of a given Member State.

2.Existing national access points that have been set up to comply with other delegated acts adopted under Directive 2010/40/EU may be used as national access points [, if deemed appropriate by the Member States. 

3.National access points shall provide discovery services to users, for example services allowing for the search of the requested data using the contents of the corresponding metadata and displaying such contents; 

4.Transport authorities, transport operators, infrastructure managers or transport on demand service providers shall ensure that they provide the metadata in order to allow users to discover and use the datasets made accessible through the national access points.

5.Two or more Member States may set up a common access point.

Article 4
Accessibility, exchange and re-use of static travel and traffic data

1.Transport authorities, transport operators, infrastructure managers or transport on demand service providers shall provide the static travel and traffic data and historic traffic data listed in point 1 of Annex I, of the different transport modes by using:

(a)for the road transport, the standards defined in Article 4 of Commission Delegated Regulation (EU) No 2015/962;

(b)for other transport modes, the following standards and technical specifications: NeTEx CEN/TS 16614 and subsequent versions, technical documents defined in Commission Regulation (EU) No 454/2011 and subsequent versions, technical documents elaborated by IATA or any machine-readable format fully compatible and interoperable with those standards and technical specifications;

(c)for the spatial network the requirements defined in Article 7 of Directive 2007/2/EU.

2.The relevant static travel and traffic data listed in point 1 of Annex I that are applicable to NeTEx and DATEX II shall be represented through minimum national profiles

3.Transport authorities, transport operators, infrastructure managers or transport on demand service providers shall provide the static travel and traffic data through the national access point in the required formats in line with the following timetable:

(a)for the travel and traffic data set out in point 1.1 of Annex I for the comprehensive TEN-T network, by 1 December 2019 at the latest;

(b)for the travel and traffic data set out in point 1.2 of Annex I for the comprehensive TEN-T network, by 1 December 2020 at the latest;

(c)for the travel and traffic data set out in point 1.3 of Annex I for the comprehensive TEN-T network, by 1 December 2021 the latest;

(d)for the travel and traffic data set out in points 1.1, 1.2 and 1.3 of Annex I for the other parts of the Union transport network, by 1 December 2023 at the latest.

4.APIs that provide access to static travel and traffic data listed in Annex I via the national access point shall be publicly accessible allowing users and end-users to register to obtain access.

Article 5
Accessibility, exchange and re-use of dynamic travel and traffic data

1.Where the Member States decide to provide the dynamic travel and traffic data of different transport modes listed in point 2 of Annex I through the national access point, transport authorities, transport operators, infrastructure managers or transport on demand service providers shall use:

(a)for the road transport the standards defined in Articles 5 and 6 of Commission Delegated Regulation (EU) 962/2015,

(b)for the other transport modes: SIRI CEN/TS 15531 and subsequent versions, technical documents defined in Commission Regulation (EU) No 454/2011 or any machine-readable format fully compatible and interoperable with those standards or technical documents.

2.The relevant travel and traffic data referred to in point 2 of Annex I applicable to SIRI and DATEX II shall be represented through minimum national profiles determined by Member States accessible through the national access point.

3.APIs that provide access to dynamic travel and traffic data listed in Annex I via the national access point shall be publicly accessible allowing users and end-users to register to obtain access.

Article 6
Data updates

1.Travel information services shall be based on updates of static and dynamic travel and traffic data.

2.When changes occur, the relevant static and dynamic travel and traffic data listed in Annex I shall be updated by transport authorities, transport operators, infrastructure managers or transport on demand service providers through the national access point in a timely manner. They shall in a timely manner correct any inaccuracies detected by them in their data or signalled to them by any user or end user.

Article 7
Linking travel information services

1.Upon request, travel information service providers shall provide to another information service provider routing results based on static, and where possible, dynamic information.

2.Routing results shall be based on:

(a)the enquirers start and end points of a journey along with the specific time and date of departure or arrival, or both;

(b)possible travel options along with the specific time and date of departure or arrival, or both, including any possible connections;

(c)the handover point between travel information services;

(d)in case of disturbances, alternative possible travel options along with the specific time and date of departure or arrival, or both, and any connections, where available.

Article 8
Requirements for service provisions re-use of travel and traffic data and linking of travel information services

1.The travel and traffic data listed in Annex I and the corresponding metadata including information on the quality thereof shall be accessible for exchange and re-use within the Union on a non-discriminatory basis, through the national or common access point and within a time-frame that ensures the timely provision of the multi-modal travel information service. They shall be accurate and up to date.

2.The data referred to in paragraph 1 shall be re-used in a neutral manner and without discrimination or bias. Criteria used for ranking travel options of different transport modes or combinations thereof, or both, shall be transparent and not be based on any factor directly or indirectly relating to the user identity or, if any, the commercial consideration related to the re-use of the data and shall be applied on a non-discriminatory basis to all participating users. The first principle travel itinerary presentation shall not mislead the end-user.

3.Where re-using the static and dynamic travel or traffic data, the source of those data shall be indicated. The date and time of the last update of the static data shall also be indicated.

4.The terms and conditions for the use of the traffic and travel data provided through the national access point may be determined through a licence agreement. Those conditions shall not unnecessarily restrict possibilities for re-use or be used to restrict competition. Licence agreements, whenever used, shall in any event impose as few restrictions on re-use as possible. Any financial compensation shall be reasonable and proportionate to the legitimate costs incurred of providing and disseminating the relevant travel and traffic data.

5.Terms and conditions of linking travel information services shall be defined in contractual agreements between the travel information service providers. Any financial compensation of the expenses of linking travel information services incurred shall be reasonable and proportionate.

Article 9
Assessment of compliance

1.Member States shall assess whether the requirements set out in Articles 3 to 8 are complied with by the transport authorities, transport operators, transport on demand service providers and travel information service providers.

2.In order to conduct the assessment, the competent authorities of Member States may request from the transport authorities, transport operators, infrastructure managers, transport on demand service providers or travel information service providers, the following documents:

(a)a description of the travel and traffic data listed or stored in the access point(s) and the travel information services available including connections with other services if applicable, as well as the information on the quality thereof; and

(b)an evidence-based declaration of compliance with the requirements set out in Articles 3 to 8.

3.Member States shall randomly check the correctness of the declarations referred to in point b of paragraph 2.

Article 10
Reporting

1.By 1 December 2019 Member States shall provide the Commission with a report on the measures undertaken, if any, to set up a national access point and on the modalities of its functioning.

2.Every other calendar year thereafter, Member States shall provide the Commission with a report containing the following information:

(a)the progress made in terms of the accessibility and exchange of the travel and traffic data types set out in Annex I;

(b)the geographical coverage and the travel and traffic data set out in Annex I accessible in the access point and the linking of travel information services;

(c)the results of the assessment of compliance referred to in Article 9 and 

(d)where relevant, a description of changes to paragraph 1 or paragraph 2 (b). 

Article 11
Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

(1)

   Article 7 of the ITS Directive in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU)

(2)    Such specifications encompass a common set of prescribed rules and provisions but in accordance with Article 5 of the ITS Directive only apply to Member States where the relevant ITS service already exists or will be deployed in the future.

(3)    OJ L 157, 23.6.2015, p. 21–31

(4)    EUROSTAT

(5)    Air Quality Directive 2008/50/EC; http://ec.europa.eu/transport/themes/urban/doc/ump/com(2013)913-annex_en.pdf  

(6)    OJ L 281, 23.11.1995, p.31

(7)

    http://ec.europa.eu/transport/themes/its/studies/doc/2011_09-multimodal-journey-planner.pdf  

(8)    Register of experts E01941 Intelligent transport systems

(9)     http://ec.europa.eu/transport/themes/its/consultations/doc/2015-its-mmtips/consultation-report.pdf

(10)     http://ec.europa.eu/transport/themes/its/events/2015-11-04-its-directive-mmtips-workshop_en.htm

(11)     http ://eur-lex . europa . eu /legal-content/EN/TXT/PDF/?uri=CELEX :52008SC 3083&from=EN

(12)     https ://ec . europa . eu /transport/themes/its/studies/its_en

(13)    This aspect was not included in the quantitative analysis of the cost-benefit analysis due to the possibility of quantifying the impact of no EU intervention

(14)    Standards already prescribed for the rail sector through TAP-TSI, road and traffic data through Priority Action 'B' of the ITS Directive and the technical formats adopted by the airline sector through IATA shall apply in all scenarios. The gap to fill in the specification and what is included in the policy options above concerns scheduled modes of transport (public transport, long distance coach, ferry etc.)

(15)     https://eu-spirit.eu/

(16)    This aspect was not included in the quantitative analysis of the cost-benefit analysis due to the possibility of quantifying such impacts

(17)    i.e. no specific deadline dates and only general provisions of data accuracy and timeliness etc.

(18)     http://ec.europa.eu/transport/media/consultations/doc/2013-accesstraveldata/report.pdf  

(19)    OJ L 207, 6.8.2010, p.1

(20)

   Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).

(21)    Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31) The 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. 1–88- will apply as of 25 May 2018. Articles 10 and 11 of Directive 95/46/EC and Articles 13 and 14 of Regulation 2016/679 provide a full list of information to be given to the data subject. Article 12 of Directive 95/46 and Articles 17-19 of Regulation 2016 identify other rights of individuals, such as the rights to access, the right to rectify, block, erase of destroy inaccurate or unjustified personal data.

(22)

   Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002, p. 37)

(23)    As defined in Article 4 (5) of the 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

(24)    Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing anInfrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1)

(25)

   Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1)

(26)    EU EIP SPA Coordinated Metadata Catalogue

(27)    Commission Implementing Decision of 7.4 2016 amending Commission Implementing Decision C(2014)1921 establishing a Multi Annual Work Programme 2014-2020 for financial assistance in the field of Connecting Europe Facility CEF - Transport sector for the period 2014-2020

(28)    Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

ANNEX

DATA CATEGORIES

(as referred to in Articles 3,4,5,6,8,10)

to the

COMMISSION DELEGATED REGULATION

Supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide multimodal travel information services

Partition of transport modes by type, such as:

Scheduled

Air, rail including high speed rail, conventional rail, light rail, long-distance coach, maritime including ferry, metro, tram, bus, trolley-bus.

Demand-responsive

Shuttle bus, shuttle ferry, taxi, car-sharing, car-pooling, car-hire, bike-sharing, bike-hire.

Personal

Car, motorcycle, cycle.

1.The types of the static travel data

1.1.Level of service 1

(a)Location search (origin/destination)

I)Address identifiers (building number, street name, postcode)

II)Topographic places (city, town, village, suburb, administrative unit)

III)Points of interest (related to transport information) to which people may wish to travel

(b)Trip plans

I)Operational Calendar, mapping day types to calendar dates

(c)Location search (access nodes)

I)Identified access nodes (all scheduled and demand-responsive modes)

II)Geometry/map layout structure of access nodes (all scheduled modes)

(d)Trip plan computation – scheduled modes transport

I)Connection links where interchanges may be made, default transfer times between modes at interchanges

II)Network topology and routes /lines (topology)

III)Transport operators

IV)Timetables

V) Planned interchanges between guaranteed scheduled services

VI)Hours of operation

VII)Stop facilities access nodes (including platform information, help desks/information points, ticket booths, lifts/stairs, entrances and exit locations)

VIII)Vehicles (low floor; wheelchair accessible.)

IX)Accessibility of access nodes, and paths within an interchange (such as existence of lifts, escalators)

X)Existence of assistance services (such as existence of on-site assistance)

(e)Trip plan computation – road transport (for personal modes)

I)Road network

II) Cycle network (segregated cycle lanes, on-road shared with vehicles, on-path shared with pedestrians)

III) Pedestrian network and accessibility facilities

1.2.Level of service 2

(f)Location search (demand-responsive modes)

I) Park & Ride stops

II) Bike sharing stations

III) Car-sharing stations

IV) Publicly accessible refuelling stations for petrol, diesel, CNG/LNG, hydrogen powered vehicles, charging stations for electric vehicles

V) Secure bike parking (such as locked bike garages)

(g)Information service

I) Where and how to buy tickets for scheduled modes, demand responsive modes and car parking (all scheduled modes and demand-responsive incl. retail channels, fulfilment methods, payment methods)

(h)Trip plans, auxiliary information, availability check

I) Basic common standard fares (all scheduled modes)

i) Fare network data (fare zones/stops and fare stages)

ii) Standard fare structures (point to point including daily and weekly fares, zonal fares, flat fares)

II) Vehicle facilities such as classes of carriage, on-board wifi.

1.3.Level of service 3

(i)Detailed common standard and special fare query (all scheduled modes)

I) Passenger classes (classes of user such as adult, child, student, veteran, impaired access and qualifying conditions and classes of travel such as 1st, 2nd.)

II) Common fare products (access rights such as zone/point-to-point including daily and weekly tickets/single/return, eligibility of access, basic usage conditions such as validity period/operator/time of travel/interchanging, standard point to point fares prices for different point to point pairs including daily and weekly fares/zonal fare prices/flat fare prices)

III) Special Fare Products: offers with additional special conditions such as promotional fares, group fares, season passes, aggregated products combining different products and add on products such as parking and travel, minimum stay

IV)Basic commercial conditions such as refunding/replacing/exchanging/ transferring and basic booking conditions such as purchase windows, validity periods, routing restrictions zonal sequence fares, minimum stay.

(j)Information service (all modes)

I)How to pay tolls (incl. retail channels, fulfilment methods, payment methods)

II)How to book car sharing, taxis, cycle hire etc. (incl. retail channels, fulfilment methods, payment methods)

III)Where how to pay for car parking , public charging stations for electric vehicles and refuelling points for CNG/LNG, hydrogen, petrol and diesel powered vehicles (incl. retail channels, fulfilment methods, payment methods)

(k)Trip plans

I) Detailed cycle network attributes (surface quality, side-by-side cycling, shared surface, on/off road, scenic route, ‘walk only’, turn or access restrictions (e.g. against flow of traffic)

II)Parameters needed to calculate an environmental factor such as carbon per vehicle type or passenger mile or per distance walked

III)Parameters such as fuel consumption needed to calculate cost

(l)Trip plan computation

I) Estimated travel times by day type and time-band by transport mode/combination of transport modes

2.Types of the dynamic travel and traffic data

2.1.Level of service 1

(a)Passing times, trip plans and auxiliary information

I) Disruptions (all modes)

II) Real-time status information – delays, cancellations, guaranteed connections monitoring (all modes)

III) Status of access node features (including dynamic platform information, operational lifts/escalators, closed entrances and exit locations – all scheduled modes)

2.2.Level of service 2

(b)Passing times, trip plans and auxiliary information (all modes)

I)Estimated departure and arrival times of services

II)Current road link travel times

III)Cycling network closures / diversions

(c)Information service

I)Availability of publicly accessible charging stations for electric vehicles and refuelling points for CNG/LNG, hydrogen, petrol and diesel powered vehicles

(d)Availability check

I)Car-sharing availability, bike sharing availability

II)Car parking spaces available (on and off-street), parking tariffs, road toll tariffs

2.3.Level of service 3

(e)Trip plans

(2)I)    Future predicted road link travel times