(1)

A comprehensive Union type-approval system for motor vehicles has been established by Directive 2007/46/EC of the European Parliament and of the Council (3).

(2)

The technical requirements for the type-approval of motor vehicles with regard to numerous safety and environmental elements have been harmonised at Union level in order to ensure a high level of road safety throughout the Union.

(2a)

The deployment of an eCall service available in all vehicles and in all Member States has been one of the high Union priorities in the area of road safety since 2003. In order to achieve that objective, a series of initiatives have been launched, as part of a voluntary deployment approach, but have not achieved sufficient progress to date. [Am. 2]

(3)

In order to further improve road safety, the Commission Communication of 21 August 2009 entitled : ‘eCall: Time for Deployment’  (4) proposes new measures to accelerate the deployment of deploy an in-vehicle emergency call service in the Union. One of the suggested measures is to make mandatory the fitting of 112-based eCall in-vehicle systems in all new vehicles starting with M1 and N1 vehicle categories as defined in Annex II to Directive 2007/46/EC. [Am. 3]

(4)

On 3 July 2012, the European Parliament approved the Report on eCall: a new 112 service for citizens urging the Commission to submit a proposal within the framework of Directive 2007/46/EC in order to ensure the mandatory deployment of a public, 112-based eCall system by 2015.

(4a)

It is still necessary to improve the operation of the 112 service throughout the Union, so that it provides assistance swiftly and effectively in emergencies. [Am. 4]

(5)

The Union eCall system is expected to reduce the number of fatalities in the Union as well as the severity of injuries caused by road accidents , thanks to the early alerting of the emergency services . The mandatory introduction of the 112-based eCall in-vehicle system , together with the necessary and coordinated infrastructure upgrade in electronic communication networks for conveying eCalls and Public Safety Answering Points (PSAPs) for receiving eCalls, would make the service available to all citizens and thus contribute to reduce human suffering and the reduction of fatalities and severe injuries, of costs relating to healthcare , of congestion caused by accidents and of other costs. [Am. 5]

(5a)

The eCall system will represent an important structure composed of multiple actors dealing with the safety of lives. Therefore it is essential that the liability aspect is covered by this Regulation in order to enable users to have full confidence and the eCall system to run smoothly. [Am. 6]

(6)

The provision of accurate and reliable positioning information in emergencies is an essential element of the effective operation of the 112-based eCall in-vehicle system. Therefore, it is appropriate to require its compatibility with the services provided by satellite navigation programmes, including in particular the systems established under the Galileo and EGNOS programmes as set out in Regulation (EC) No 683/2008 (EU) No 1285/2013 of the European Parliament and of the Councilof 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo)  (5). [Am. 7]

(7)

The mandatory equipping of vehicles with the 112-based eCall in-vehicle system should initially apply only to new types of passenger cars and light commercial vehicles (categories M1 and N1) for which an appropriate triggering mechanism already exists. The possibility of extending the application of the 112-based eCall in-vehicle system requirement in the near future to include other vehicle categories, such as heavy goods vehicles (HGVs), buses and coaches, powered two-wheelers (PTW) and agricultural tractors, should be further assessed by the Commission with a view to presenting, if appropriate, a legislative proposal. [Am. 8]

(7a)

The equipping of vehicles of existing types to be manufactured after 1 October 2015 with the 112-based eCall in-vehicle system should be promoted in order to increase penetration. In respect of types of vehicles type-approved before 1 October 2015, an eCall system may be retrofitted on a voluntary basis. [Am. 9]

(7b)

The public interoperable Union-wide eCall service based on the single European emergency call number 112 (‘emergency number 112’) and private eCall services (third party service supported eCall systems) can coexist provided that the measures necessary to ensure continuity in the provision of the service to the consumer are adopted. In order to ensure continuity of the public 112-based eCall service in all Member States throughout the lifetime of the vehicle and to guarantee that the public 112-based eCall service is always automatically available, all vehicles should be equipped with the public 112-based eCall service, regardless of whether or not a vehicle buyer opts for a private eCall service. [Am. 10]

(7c)

Consumers should be provided with a realistic overview of the 112-based eCall in-vehicle system and of the private eCall system, if the vehicle is equipped with one, as well as comprehensive and reliable information regarding any additional functionalities or services linked to the private emergency service, in-vehicle emergency or assistance-call applications on offer, and regarding the level of service to be expected with the purchase of third party services and the associated cost. The 112-based eCall is a public service of general interest and should therefore be accessible free of charge to all consumers. [Am. 11]

(8)

The mandatory equipping of vehicles with the 112-based eCall in-vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and/or added value services, in parallel with or building on the 112-based eCall in-vehicle system. However, these any additional services should be designed in such a way that they do not increase driver distraction or affect the functioning of the 112-based eCall in-vehicle system and the efficient work of emergency call centres. The 112-based eCall in-vehicle system and the system providing private or added-value services should be designed in such a way that no exchange of personal data between them is possible. Where provided, those services should comply with the applicable safety, security and data protection legislation and should always remain optional for consumers . [Am. 12]

(9)

In order to ensure open choice for customers and fair competition, as well as encourage innovation and boost the competitiveness of the Union’s information technology industry on the global market, the 112-based eCall in-vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable, and open-access , secured and standardised platform for possible future in-vehicle applications or services. As this requires technical and legal back-up, the Commission should assess without delay, on the basis of consultations with all stakeholders involved, including vehicle manufacturers and independent operators, all possibilities to promote and ensure such an open-access platform and, if appropriate, put forward a legislative proposal to that effect. Further clarifications should be provided on the conditions under which third parties providing added value services can have access to data stored in the 112-based in-vehicle system. Furthermore, the 112-based eCall in-vehicle system should be accessible free of charge and without discrimination to all independent operators for repair and maintenance purposes. [Am. 13]

(9a)

The introduction of any additional in-vehicle application or service should not delay the entry into force and application of this Regulation. [Am. 14]

(10)

In order to maintain the integrity of the type-approval system, only those 112-based eCall in-vehicle systems which can be fully tested should be accepted for the purposes of this Regulation.

(10a)

The 112-based eCall in-vehicle system, as an emergency system, requires the highest possible level of reliability. The accuracy of the minimum set of data and of the voice transmission and quality should be ensured, and a uniform testing regime should be developed to ensure the longevity and durability of the 112-based eCall in-vehicle system. Periodic technical inspections should therefore be carried out regularly in accordance with Directive 2014/45/EU of the European Parliament and of the Council  (6) . Detailed provisions for the testing should be included in the relevant Annex thereof. [Am. 15]

(11)

Small series vehicles are excluded under Directive 2007/46/EC from the requirements on the protection of occupants in the case of frontal impact and side impact. Therefore, those small series vehicles should be excluded from the obligation to comply with the eCall requirements set out in this Regulation . [Am. 16]

(12)

Special purpose vehicles should be subject to compliance with the eCall requirements set out in this Regulation, unless type-approval authorities consider, on a case by case basis, that the vehicle cannot meet those requirements due to its special purpose. [Am. 17]

(13)

According to the recommendations made by the Article 29 Data Protection Working Party and contained in the ‘Working document on data protection and privacy implications in eCall initiative’, adopted on 26 September 2006, any processing of personal data through the eCall in-vehicle system should comply with the personal data protection rules provided for in Directive 95/46/EC of the European Parliament and of the Council (7), 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 and in 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)  (8), and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union govern the processing of personal data carried out in the context of this Regulation. Any processing of data through the 112-based eCall in-vehicle system should therefore be carried out in accordance with those Directives and under the supervision of the Member States' competent authorities, in particular the independent public authorities designated by the Member States pursuant to those Directives, in particular to guarantee that vehicles equipped with 112-based eCall in-vehicle systems, in their normal operational status related to 112 eCall, are not traceable and are not subject to any constant tracking and that the minimum set of data sent by the 112-based eCall in-vehicle system includes only the minimum information required for the appropriate handling of emergency calls by PSAPs, and that no personal data is stored after that . Given the consent of the data subject or a contract between both parties, other conditions may apply in case another emergency call system is installed in the vehicle in addition to the 112-based eCall in-vehicle system, but it should nevertheless comply with those Directives . [Am. 18]

(13a)

This Regulation takes into account the recommendations made by the Article 29 Working Party established by Directive 95/46/EC in its ‘Working document on data protection and privacy implications in eCall initiative’ of 26 September 2006  (9) . [Ams. 19 and 90]

(13b)

When complying with technical requirements, vehicle manufacturers should integrate technical forms of data protection into in-vehicle systems and should comply with the principle of ‘privacy by design’ . [Am. 20]

(14)

The European Standardisation Organisations, ETSI and CEN, have developed common standards for the deployment of a pan-European eCall service, which should apply for the purposes of this Regulation, as this will facilitate the technological evolution of the in-vehicle eCall service, ensure the interoperability and continuity of the service throughout the Union, and reduce the costs of implementation for the Union as a whole.

(15)

In order to ensure the application of common technical requirements regarding the 112-based eCall in-vehicle system, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the detailed rules on the application of the relevant standards, on testing, on personal data and privacy protection and on exemptions for certain vehicles or classes of vehicles of categories M1 and N1. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level , consulting in particular the European Data Protection Supervisor, the Article 29 Working Party and consumer protection organisations . The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 21]

(16)

Vehicle manufacturers should be allowed sufficient time to adapt to the technical requirements of this Regulation and the delegated acts adopted pursuant to this Regulation in order to be able to carry out the necessary studies and tests under various conditions, as required, and thus ensure that the 112-based eCall in-vehicle system is fully reliable . [Am. 22]

(17)

This Regulation is a new separate Regulation in the context of the EC type-approval procedure provided for in Directive 2007/46/EC and, therefore, Annexes I, III, IV, VI and IX to that Directive should be amended accordingly.

(18)

Since the objective of this Regulation, namely the achievement of the internal market through the introduction of common technical requirements for new type approved vehicles equipped with the 112-based eCall in-vehicle system, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

(1)

‘ 112-based e-Call in-vehicle system’ means a an emergency system , comprising in-vehicle equipment and the means to trigger, manage and enact the eCall transmission, that is activated either automatically via in-vehicle sensors or manually, which carries, emits signals by means of a public mobile wireless communications networks, to enable a standardised minimum set of data to be transmitted and establishes a 112-based audio channel between the occupants of the vehicle and a the appropriate public safety answering point to be established ; [Am. 25. This amendment applies throughout the text]

(2)

‘in-vehicle system’ means the in-vehicle equipment together with the means to trigger, manage and effect the eCall transmission via a public mobile wireless communications network providing a link between the vehicle and a means of enacting the eCall service via a public mobile wireless communications network. [Ams. 26 and 80]

(2a)

‘eCall’ means an in-vehicle emergency call to the emergency number 112, made via the 112-based eCall in-vehicle system; [Am. 27]

(2b)

‘public safety answering point’ or ‘PSAP’ means a physical location where emergency calls are first received under the responsibility of a public authority or a private organisation recognised by the Member State concerned; [Am. 28]

(2c)

‘minimum set of data’ or ‘MSD’ means the information defined by the standard ‘Road transport and traffic telematics — eSafety — eCall minimum set of data (MSD)’ (EN 15722) which is sent to the eCall PSAP; [Am. 29]

(2d)

‘in-vehicle equipment’ means equipment permanently installed within the vehicle that provides or has access to the in-vehicle data required for the minimum set of data (MSD) to perform the eCall transaction via a public mobile wireless communications network; [Am. 30]

(2e)

‘public mobile wireless communications network’ means mobile wireless communications network available to the public in accordance with Directives 2002/21/EC  (11) and 2002/22/EC  (12) of the European Parliament and of the Council. [Am. 31]

(a)

EN 16072 ‘Intelligent transport system-ESafety-PanEuropean eCall-Operating requirements’;

(b)

EN 16062 ‘Intelligent transport systems-ESafety-ECall high level application requirements (HLAP)’;

(c)

EN 16454 ‘Intelligent transport systems — eSafety — eCall end to end conformance testing’, as regards the 112-based eCall in-vehicle system conformance to the pan-European eCall;

(ca)

EN 15722 ‘Intelligent transport systems — eSafety — eCall minimum set of data (MSD)’. [Am. 42]

(d)

any additional European standards or UNECE Regulations relating to eCall systems. [Am. 43]

(a)

the reference to the legal basis for the processing;

(b)

the fact that the 112-based eCall in-vehicle system is activated by default;

(c)

the modalities of data processing that the 112-based eCall in-vehicle system performs;

(d)

the specific purpose of the eCall processing , which shall be limited to the emergency situations referred to in the first subparagraph of Article 5(2) ; [Am. 48]

(e)

the types of data collected and processed and the recipients of that data;

(f)

the time limit for the retention of data in the 112-based eCall in-vehicle system; [Am. 49]

(g)

the fact that there is no constant tracking of the vehicle beyond the collection of the minimum amount of data necessary for the 112-based eCall in-vehicle system to determine and transmit the location and the direction of travel of the vehicle when reporting an incident, as well as the fact that any tracking data are only stored on the device for as long as strictly necessary for that purpose ; [Am. 50]

(h)

the modalities for exercising data subjects' rights;

(ha)

the fact that data gathered by the PSAPs through the 112-based eCall in-vehicle system must not be transferred to third parties without active prior consent from the data subject; [Am. 51]

(i)

any necessary additional information regarding the traceability, tracking and processing of personal data in relation to the provision of a private eCall service and/or other added value services , which shall be subject to explicit consent by the user and in compliance with Directive 95/46/EC. Particular account shall be taken of the fact that differences may exist between the data processing carried out through the 112-based eCall in-vehicle system and the private eCall systems or other added value services . [Am. 52]

(a)

making a false declaration during an approval procedure or a procedure leading to a recall;

(b)

falsifying test results for type-approval;

(c)

withholding data or technical specifications which could lead to recall or withdrawal of type-approval;

(ca)

breaching provisions laid down in Article 6. [Am. 64]