Official Journal |
EN Series L |
2024/490 |
13.2.2024 |
COMMISSION DELEGATED REGULATION (EU) 2024/490
of 29 November 2023
amending Delegated Regulation (EU) 2017/1926 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 (1), and in particular Article 7 thereof,
Whereas:
(1) |
The Commission’s Communication on a Sustainable and Smart Mobility Strategy (2) identifies the deployment of Intelligent Transport Systems (‘ITS’) as a key action in achieving connected and automated multimodal mobility, and therefore contributing to the transformation of the European transport system to reach the objective of efficient, safe, sustainable, smart and resilient mobility. The strategy announced a revision of Commission Delegated Regulation (EU) 2017/1926 (3) to include mandatory accessibility of dynamic datasets, which is needed to achieve the policy objectives of this strategy, as well as an assessment of the need for regulatory action on rights and duties of multimodal digital service providers. |
(2) |
The European Green Deal (4) highlights the increasing role of automated and connected multimodal mobility, together with smart traffic management systems enabled by digitalisation, and the objective of supporting new sustainable transport and mobility services that can reduce congestion and pollution, especially in urban areas. Delegated Regulation (EU) 2017/1926 supports the shift towards more sustainable transport modes, including the use of active modes, such as walking and cycling. By mandating the accessibility of dynamic datasets and new static, historic and observed datasets, as proposed by the amendments to Delegated Regulation (EU) 2017/1926, multimodal travel information services may enhance the information and service to the passenger, to boost multimodal mobility and reduce emissions, in line with the objectives set out in the European Green Deal. |
(3) |
The European strategy for data (5) describes how making more data available is essential for tackling societal, climate and environment-related challenges. The strategy emphasises the benefits that data-driven innovation will bring for citizens and proposes the creation of EU-wide common, interoperable data spaces in strategic sectors, including a common European mobility data space. In that respect, Delegated Regulation (EU) 2017/1926 contributes to the increased accessibility and sharing of data on multimodal travel information. By mandating the accessibility of dynamic datasets as proposed by the amendments to Delegation Regulation (EU) 2017/1926, more data will be made accessible and shared, in line with the objectives of the European strategy for data. |
(4) |
To be consistent and avoid overlaps with Commission Delegated Regulation (EU) 2022/670 (6), specific data types on parking should be added to the scope of Delegated Regulation (EU) 2017/1926 and data types on refuelling and charging stations should be removed from the scope of Delegated Regulation (EU) 2017/1926. Data on parking, such as location and availability of parking places, where and how to pay for parking, and information on parking tariffs, are considered important for the further development of reliable travel information services, and should be made accessible by data holders, such as transport authorities, transport operators, infrastructure managers, transport on demand service providers or parking operators. |
(5) |
Coherence with rules on passengers’ rights and obligations should be ensured, such as the rules established by Regulations (EC) No 261/2004 (7), (EU) No 1177/2010 (8), (EU) No 181/2011 (9) and (EU) 2021/782 (10) of the European Parliament and of the Council. |
(6) |
The measures provided for in the Delegated Regulation (EU) 2017/1926 should, where appropriate, take into account the forthcoming Data Act (11). |
(7) |
Data continue to provide the contextual basis for the generation of multimodal travel information services. As the deployment of ITS accelerates across the Union, it requires continued support in the form of increased and seamless access to existing and new data types relevant to the provision of multimodal travel information services. Therefore, historic travel and traffic data, in particular to calculate average delays, and observed data on delays and cancellations, as well as information on parking, are important and should be made accessible to improve multimodal travel information services and facilitate passengers’ travel. As regards the historic and observed travel and traffic data, only data which are relevant to enhance multimodal travel information services should be shared. Observed data on delays and cancellations, linked to rules on passengers’ rights and obligations, can also enable service providers to inform passengers about their rights for compensation. In that context, the reason for delays or cancellations should also be shared by data holders in order to assess the right to compensation. Since the purpose for sharing observed data is linked to passengers’ rights for compensation in case of delay or cancellation, only data on the arrival time or the departure time, or both, and, where possible the reasons for delays or cancellations should be made accessible via the national access point as specified in Article 3, not any operational data collected during the journey. The data should be stored by data holders for a suitable timeframe corresponding to the passenger rights’ set out in the relevant Union legislation referred to in recital 5. |
(8) |
Regarding the exchange of static, historic, observed and dynamic travel and traffic data, data holders should make that data accessible via the national access point as specified in Article 3 by using the standards and technical specifications referred to in Articles 4 and 5. This can also be done in any other standard, where data holders can prove that it is fully compatible with the reference standards, and provided that all requested information is made available. To prove compatibility, data holders can use converters or validators. |
(9) |
Directive (EU) 2019/1024 of the European Parliament and of the Council (12) setting out minimum rules for the reuse of public sector information throughout the Union is without prejudice to this Delegated Regulation. |
(10) |
Boosting multimodal transport is important to reach the overall climate objective of the Union. Due to the current unsatisfactory accessibility of multimodal dynamic data, the accessibility of dynamic datasets is thus considered necessary to support the continued development of multimodal travel information services across the Union and should therefore be made mandatory. |
(11) |
Any processing related to the provision and reuse of personal data should be carried out in accordance with Union and Member States’ legislation on the protection of personal data and privacy, most notably Regulation (EU) 2016/679 of the European Parliament and of the Council (13) and Directive 2002/58/EC of the European Parliament and of the Council (14), as transposed by national law. It is not necessary to share personal data via national access points to achieve the objectives of this Regulation. Therefore, data holders should take appropriate technical and organisational measures to ensure that any personal data are anonymised before being provided via national access points. |
(12) |
Member States and ITS stakeholders should cooperate to reach an agreement on common definitions of data quality with a view to use common data quality indicators throughout the travel and traffic data value chain, such as the completeness, accuracy and up-to-dateness of the data as well as the quality checks applied, in particular for cross-border services. They should also be encouraged to work further to establish associated methods of quality measurement and monitoring of the different data types. Member States should be encouraged to share with each other their knowledge, experience and best practices in the data quality field in on-going and future coordination projects. |
(13) |
Multimodal travel information services should be accurate in order to provide the best possible information to end users in terms of reliability and timeliness. In order to improve the quality of data, data users and data holders should be encouraged to cooperate to ensure that the data is as accurate as possible, for example by reporting any inaccuracies to the data holder, from which the data originates. |
(14) |
In order to allow for the successful and cost-efficient use of national access points and allow data users to discover and use the datasets made accessible though the national access points as specified in Article 3, Member States and ITS stakeholders should cooperate to reach an agreement on metadata requirements, taking into account metadata schema napDCAT-AP and subsequent versions. |
(15) |
Member States should collaborate to harmonise their approach towards the assessment of compliance in on-going and future coordination projects, which help to implement Delegated Regulation (EU) 2017/1926. |
(16) |
To allow the necessary preparation to make all the dynamic travel and traffic datasets set out in this Regulation accessible in the required formats via the national access points as specified in Article 3, the timeframe for providing such data should be updated. Moreover, the timeframe for providing the new static, historic and observed travel and traffic datasets should also be laid down. |
(17) |
The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (15) and delivered an opinion on 25 July 2023. |
(18) |
Delegated Regulation (EU) 2017/1926 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Delegated Regulation (EU) 2017/1926
Delegated Regulation (EU) 2017/1926 is amended as follows:
(1) |
in Article 1, paragraph 1 is replaced by the following: ‘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 end users.’ |
(2) |
Article 2 is replaced by the following: ‘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) No 1315/2013 shall apply. The following definitions, with respect to multimodal travel and traffic information, shall also apply:
|
(3) |
Article 3 is amended as follows:
|
(4) |
Articles 4, 5 and 6 are replaced by the following: ‘Article 4 Accessibility, exchange and reuse of static, historic and observed travel and traffic data 1. The data holders shall provide, via the national access point set up in accordance with Article 3, access to the static, historic and observed travel and traffic data listed in point 1 of the Annex, of the different transport modes and means by using:
2. The static, historic and observed travel and traffic data listed in point 1 of the Annex, for which NeTEx and DATEX II are applicable, shall be represented through minimum EU profiles or national profiles. 3. The data holders shall provide static, historic and observed travel and traffic data via the national access point set up in accordance with Article 3 in the required formats in accordance with the following timetable:
4. APIs providing access to static, historic and observed travel and traffic data listed in the Annex via the national access point set up in accordance with Article 3 shall be publicly accessible to data users, where relevant subject to registration. 5. Data users and data holders shall collaborate in order to ensure that any inaccuracies related to the static, historic and observed travel and traffic data are notified without delay to the data holder from which the data originates. 6. The data provided by data holders via the national access point shall not include personal data as defined in Article 4(1) of Regulation (EU) 2016/679. Article 5 Accessibility, exchange and reuse of dynamic travel and traffic data 1. The data holders shall provide, via the national access point set up in accordance with Article 3, access to the dynamic travel and traffic data listed in points 2.1 and 2.2 of the Annex, of the different transport modes and means by using:
2. The dynamic travel and traffic data referred to in points 2.1 and 2.2 of the Annex, for which SIRI and DATEX II are applicable, shall be represented through minimum EU profiles or national profiles. 3. The data holders shall provide the dynamic travel and traffic data via the national access point set up in accordance with Article 3 in the required formats in accordance with the following timetable:
4. Each Member State may decide that data holders shall provide the dynamic travel and traffic data of different transport modes listed in point 2.3 of the Annex, within the territory of that Member State, via the national access point set up in accordance with Article 3. In that case, data holders shall use SIRI CEN/TS 15531 and subsequent versions, or any digital machine-readable format that can be proven fully compatible and interoperable with those standards and technical specifications, including for example through automatic converters and validators. 5. APIs that provide access to dynamic travel and traffic data listed in the Annex via the national access point set up in accordance with Article 3 shall be publicly accessible to data users, where relevant subject to registration. 6. Data users and data holders shall collaborate in order to ensure that any inaccuracies related to the dynamic travel and traffic data are notified without delay to the data holder from which the data originates. 7. The data provided by data holders via the national access point shall not include personal data as defined in Article 4(1) of Regulation (EU) 2016/679. Article 6 Data updates 1. Travel information services shall be based on the most recent accessible static, historic, observed and dynamic travel and traffic data. 2. Where changes occur in the data referred to in paragraph 1 to this Article, the data holders shall update the relevant static, historic, observed and dynamic travel and traffic data listed in the Annex and make them accessible via the national access point set up in accordance with Article 3 within a timeframe allowing reliable and effective use of the data in accordance with Article 8. Where the changes are known in advance, the data holders shall also provide those updates to data users in advance. They shall also in a timely manner correct any inaccuracies detected by them in their data or notified to them by any data user or end user.’ |
(5) |
in Article 7, paragraph 1 is replaced by the following: ‘1. Upon request, travel information service providers shall provide to another travel information service provider routing results based on static, historic, observed and dynamic travel and traffic information.’ |
(6) |
in Article 8, paragraphs 1 to 4 are replaced by the following: ‘1. The travel and traffic data listed in the Annex and the corresponding metadata including information on the quality thereof shall be accessible for exchange and reuse within the Union on a non-discriminatory basis, via the national access point set up in accordance with Article 3 and within a timeframe allowing reliable and effective reuse of the data. Such data shall be accurate and up to date and based on minimum data quality requirements. To that effect, Member States, in cooperation with relevant ITS stakeholders, shall reach an agreement on such minimum data quality requirements. 2. The data referred to in paragraph 1 shall be reused in a neutral manner, without discrimination or bias, towards the data holder. 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 data user or end user identity or, if any, the commercial consideration related to the reuse of the data and shall be applied on a non-discriminatory basis to all participating data users or end users. The first principle travel itinerary presentation shall not mislead the end user. 3. Where reusing the static, historic, observed and dynamic travel and traffic data, the source of those data shall be indicated, if the data holder so requires. The update interval of the static, historic, observed and, where possible, of the dynamic data shall also be indicated. 4. The terms and conditions for the use of the traffic and travel data provided via the national access point set up in accordance with Article 3 may be determined through a licence agreement. Those conditions shall not unnecessarily restrict possibilities for reuse or be used to restrict competition. Licence agreements, whenever used, shall in any event impose as few restrictions on reuse as possible. Any financial compensation shall be reasonable and proportionate to the legitimate costs resulting from providing and disseminating the relevant travel and traffic data.’ |
(7) |
Article 9 is replaced by the following: ‘Article 9 Assessment of compliance 1. Member States shall assess whether data holders and travel information service providers comply with the requirements set out in Articles 3 to 8. 2. In order to conduct the assessment referred to in the paragraph 1, the competent authorities of the Member States may request from the data holders and travel information service providers the following documents:
3. Member States shall randomly check the correctness of the declarations referred to in paragraph 2, point (c).’ |
(8) |
in Article 10, paragraph 2 is replaced by the following: ‘2. Member States shall provide the Commission with the following information as part of the progress reports provided for in Article 17(3) of Directive 2010/40/EU:
|
(9) |
the Annex is replaced by the text in the Annex to this Regulation. |
Article 2
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, 29 November 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ (COM(2020) 789 final of 9.12.2020).
(3) Commission Delegated Regulation (EU) 2017/1926 of 31 May 2017 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 (OJ L 272, 21.10.2017, p. 1).
(4) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘The European Green Deal’ (COM(2019) 640 final of 11.12.2019).
(5) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘A European strategy for data’ (COM(2020) 66 final of 19.2.2020).
(6) Commission Delegated Regulation (EU) 2022/670 of 2 February 2022 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide real-time traffic information services (OJ L 122, 25.4.2022, p. 1).
(7) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1).
(8) Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1).
(9) Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).
(10) Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (OJ L 172, 17.5.2021, p. 1).
(11) Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act) (COM(2022) 68 final).
(12) Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
(13) 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).
(14) 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 (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
(15) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
ANNEX
‘ANNEX
DATA CATEGORIES
(referred to in Articles 2, 3, 4, 5, 6, 8 and 10)
Partition of transport modes and transport means and included services, such as
Scheduled transport such as:
Air, rail including high speed rail, conventional rail, light rail, cableways, long-distance coach, maritime including ferry, inland waterways, metro, tram, bus, trolley-bus.
Transport on demand such as:
Shuttle bus, shuttle ferry, dial-a-ride services, taxi, car-sharing, car-pooling, car-hire, ride-sharing, bike-sharing, bike-hire, bike-rental, e-scooter sharing.
Personal transport such as:
Car, motorcycle, bicycle, scooter, walking.
1. TYPES OF THE STATIC, HISTORIC AND OBSERVED TRAVEL AND TRAFFIC DATA
1.1. Level of service 1
(a) |
location search (origin/destination):
|
(b) |
trip plans: operational calendar, mapping day types to calendar dates; |
(c) |
location search (access nodes) – for scheduled transport and transport on demand where relevant:
|
(d) |
trip plan computation – for scheduled transport and transport on demand where relevant:
|
(e) |
trip plan computation:
|
1.2. Level of service 2
(a) |
location search – for transport on demand and personal transport:
|
(b) |
information service:
|
(c) |
auxiliary information – for scheduled transport and transport on demand where relevant:
|
1.3. Level of service 3
(a) |
detailed common standard and special fare query – for scheduled transport and transport on demand where relevant:
|
(b) |
information service – for transport on demand: how to book demand-responsive transport services, including retail channels, fulfilment methods, payment methods; |
(c) |
trip plans:
|
(d) |
trip plan computation: estimated travel times by day type and time-band by transport mode/combination of transport modes. |
1.4. Level of service 4
(a) |
historic travel and traffic data on delays – for scheduled transport and transport on demand where relevant; |
(b) |
observed data on delays and passing time – for scheduled transport:
|
(c) |
observed data on cancellations – for scheduled transport:
|
(d) |
information on parking tariffs. |
2. TYPES OF THE DYNAMIC TRAVEL AND TRAFFIC DATA
2.1. Level of service 1
Passing times, trip plans and auxiliary information:
(i) |
disruptions, such as network closures and/or diversions, and when possible, the reason; |
(ii) |
real-time status information, such as estimated departure and arrival times of services, delays, cancellations, guaranteed connections monitoring; |
(iii) |
status of access node features (including dynamic platform information, operational lifts/escalators, closed entrances and exit locations) – for scheduled transport. |
2.2. Level of service 2
(a) |
information service on parking tariffs – for transport on demand and personal transport; |
(b) |
availability check and location – for transport on demand and personal transport where relevant:
|
2.3. Level of service 3
Occupancy information of the vehicle – for scheduled transport and transport on demand where relevant.
ELI: http://data.europa.eu/eli/reg_del/2024/490/oj
ISSN 1977-0677 (electronic edition)