EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
[…](2018) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing of Directive 2014/53/EU of the European Parliament and of the Council 
with regard to the application of the essential requirements referred to in Article 3 (3) 
(g) of that Directive in order to ensure caller location in emergency communicatio ns 
from mobile devices    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
The current practice of establishing caller location  in emergency communications from 
mobile phones , is based on cell -ID positi oning . Cell -ID location was widely deployed by 
mobile network operators in implementation of the  Universal Services Directive1. The caller 
location solution is based on the identification of the coverage area of the servin g cell -tower 
of a mobile phone , which may not necessarily be the closest cell -tower. This area is dependent 
on the angle of coverage and cell radius. The latter can vary from 100 meters to several 
kilometres2. In certain cases, notably in mountains and cit ies, this can lead to significant errors 
in positioning emergency callers.  
In the meantime, advanced computing capabilities  have been incorporated into mobile phones 
that can process the location data from Global Navigation Satellite Systems (GNSS)3 and Wi -
Fi information  which allows for a solution which would provide more accurate caller location . 
A caller -location solution based on a hybrid system that continues to provide cell -ID 
positioning , together with the Wi -Fi and GNSS location information already available on the 
end-user's  mobile phone , would lead to significant benefits in both indoor and outdoor 
emergency situations. Solutions based on GNSS positioning are already widely used in 8 EU 
Member States and third countries (e.g. Un ited States4). 
Use of GNSS would allow  for much more accurate caller location and would facilitate  faster 
and more effective rescue  efforts , together with an optimisation of emergency resources.  Field 
tests conducted across four EU Member States as part of  an EU funded project have shown a 
real difference in accuracy between cell -ID location and GNSS  location : cell -ID location 
accuracy ranged between  1.5 and 5 kilometres; while GNSS location accuracy ranged 
between 6 and 28 metres5. This is significant as i n 2017 , 301 million emergency calls were 
made to emergency services. A large majority (71%) of these calls were placed from mobile 
phones6. 
Pursuant to Article 3(3)(g) of the Radio Equipment Directive 2014/53/EU of the European 
Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the 
Member States relating to the making available on the market of radio equipment and 
repealing Directive 1999/5/EC, the Commission has been delegated the power to adopt 
delegated acts in order  to ensure that radio equipment supports certain features ensuring 
access to emergency services.  
By means of using this power, hereinafter through the Delegated Regulation , the Commission 
aims at specifying and clarifying the classes and categories which a re concerned by that 
Article, to ensure that  hand -held mobile telephones  with advanced computing capabilities 
                                                 
1 Directive 2002/22/EC of the European Par liament and of the Council of 7 March 2002 on universal 
service and users' rights relating to electronic communications networks and services (Universal Service 
Directive)  
2 HELP112, a European Commission funded study, available at: 
https://ec.europa.eu/growth/content/help112 -project_en  
3 Autonomous geo -spatial positioning with global coverage. GNSS or global navigation satellite systems  
allow electronic receivers to  determine their location (longitude, latitude, and altitude)  
4 Cf. overview provided in HELP 112 study  
5   HELP112  study  
6 https://ec.europa.eu/digital -single -market/en/news/implementation -european -emergency -number -112-
results -eleventh -data-gathering -round    
EN 2  EN (commonly known as 'smartphones ', hereafter referred to as 'mobile devices' ) ensure access to 
emergency services.  
This will be done by requiring mobile device producers to  support  technical solutions for the 
reception and processing of location data derived from Wi-Fi signals , and data from GNSS  
compatible and interoperable with at least the Galileo system referred to in Regulation (EU) 
No 1285/20137 for the purpose of making emergency communications more effective.  
Use of multiple GNSS constellations increases the availability of high quality positioning 
especially in difficult environments  where the radio signal does not guarantee a semaless 
reach , such as urban canyons. In narrow streets, for example, where buildings can obstruct the 
sky view and visibility of satellites, every additional satellite signal  received  by a device can 
improve positioning  accuracy8. 
Galileo is the only GNSS under civilian control9, and is owned by the EU. It provides 
continuous, precise navigation signals to EU citizens, and anyone globally, with unique 
features, including those used in search and rescue10, and also High Accuracy and 
Authentication services11 for pro fessional and specialised applications.  
Galileo will enable global GNSS users to be provided with highly reliable12 position, 
navigation and timing, not only, but especially when used in conjunction with the other 
GNSS. Ensuring the availability of GNSS -Galileo is pertinent to mobile phone -based 
positioning, given the increased robustness and accuracy that it will provide compared to 
other location systems13 used in isolation.  
Furthermore, the i nclusion of Galileo in mobile devices  has been identified as a pr iority under 
the EU's Space Strategy14. Measures that require compatibility with Galileo would be similar 
to those adopted under the eCall regulation for accessing the 112 emergency number from the 
eCall in -vehicle based system15. 
The requirement to enable Wi-Fi signal based location  would allow for a more accurate 
location of the end -user in cases when GNSS location data may not be available, such as for 
example in indoor situations16. 
The requirement to make GNSS and Wi -Fi location information  available for  transmission 
                                                 
7 European GNSS systems are:  
- EGNOS, an augmentation system that improves GPS accuracy and deliver inf ormation on its reliability over 
Europe;  
- Galileo, the European global navigation satellite system, usable in combination with other GNSS and providing 
a highly accurate positioning service under civilian control  
Both are under EU civilian control and fre e of charge, cf. Regulation (EU) no 1285/2013 of the European 
Parliament and of the Council of 11 December 2013 on the implementation and exploitation of European 
satellite navigation systems.  
8 HELP112  study.  
9 https://www.gsc -europa.eu/galileo -overview/what -is-galileo  
10 https://www.gsa.europa.eu/european -gnss/galileo/services/galileo -search -and-rescue -sar-service   
11 Commission Implementing Decision (EU) 2018/321 of 2 March 2018 amending Implementing 
Decision (EU) 2017/224 setting out the technical and operational specific ations allowing the commercial service 
offered by the system established under the Galileo programme to fulfil the function referred to in Article 2(4)(c) 
of Regulation (EU) No 1285/2013 of the European Parliament and of the Council  
12 https://www.gsc -europa.eu/electronic -library/performance -reports  
13 https://www.gsc -europa.eu/electronic -library/per formance -reports  
14 COM (2016) 705 final 'A Space Strategy for Europe'  
15 Article 5(4),  Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 
concerning type -approval requirements for the deployment of the eCall in -vehicle s ystem based on the 112 
service and amending Directive 2007/46/EC  
16 HELP112  study    
EN 3  EN would allow for its actual implementation in emergency communications, taking into account 
technically feasible methods that already exist. One such technically feasible method, known 
as Advanced Mobile Location (AML), transmit s the GNSS/Wi -Fi/ cell -ID information 
available on the caller's smartphone via Short Messaging Service (SMS) to the Public Safety 
Answering Point (PSAP). AML has already been deployed in eight  EU Member States - the 
United Kingdom (UK), Estonia, Lithuania, Belgium, Irela nd, Finland, Malta and Austria . 
These deployments are based on a technical report published by the European 
Telecommunications Standards Institute (ETSI)17. This technical report covers GPS and 
Galileo.  The AML capability is supported by the operational sys tems that run on  over 95% of 
all smartphones in Europe18. 
The impact on mobile device  manufacturers are expected to be minimal as they are targeted 
towards those mobile phones that are already GNSS -enabled. Nearly all new smartphones 
currently on the market  have GNSS capability. The European G lobal Navigation Satellite 
Systems  Agency (GSA) estimates that in 2017, 82% of mobile phones were GNSS enabled. 
This figure should reach up to almost 100% by 2020, before this Act becomes applicable.  
Leading smartphone chipset manufacturers offer Galileo -ready chips, and smartphones using 
Galileo have been available on the market since 201619. According to the HELP112 study, the 
cost related to the inclusion of Galileo would be negligible because it does not require a 
specific hardware component20. All major mobile phone producers have added Galileo in their 
phones (e.g. Apple, Sony, Samsung and Huawei)21. 
The Delegated Regulation  would therefore reinforce current market trends by adding legal 
certainty.  Notably, Member S tates currently investing in making their PSAPs able  to receive 
caller location data from mobile devices need legal certainty that mobile device manufacturers 
will offer and continue to offer the functionality  of transmitting caller location  data22. 
The Delegated Regulation  will contribute towards greater  uniformity of access to quick and 
effective  emergency services across all EU Member States.  
Under the Directive on Privacy and Electronic Communications23 Member States may adopt 
specific provisions to entitle providers of electronic communications services to provide 
access to location data to emergency services without the prior consent of the user or 
subscriber concerned . 
This Delegated Regulation is not expected to increase the administrative burden  of mobile 
device  manufacturers , given that they  have already included AML  and GNSS in such devices . 
The GNSS feature has no impact on mobile phone operators, as th e solution is smartphone  
driven24. 
It would also have no financial consequences on the EU budget.  
                                                 
17 http://www.etsi.org/deliver/etsi_tr/103300_103399/103393/01.01.01 _60/tr_103393v010101p.pdf   
18 Sources available at: https://www.apple.com/newsroom/2018/03/ios -11-3-is-available -today/ ; 
https://blog.google/topics/google -europe/helping -emergency -services -find-you/; 
https://ec.eur opa.eu/growth/content/help112 -project_en  
19 For an updated list of phones including Galileo, please consult: www.usegalileo.eu   
20 See Cost Benefit Analysis  in the HELP112  study  
21 For an updated list of phones including Galileo, please consult: www.usegalileo.eu  
22  See Cost Benefit Analysis in the HELP112 study  
23 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 20 02 concerning the 
processing of personal data and the protection of privacy in the electronic communications sector 
(Directive on privacy and electronic communications)  
24 See Cost benefit Analysis  in the  HELP112 study   
EN 4  EN 2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The Commission has addressed stakeholders on the question of ensuring compatibility of 
mobile phones with Galileo for the purposes of emergency call s on several occasions.  
On 7 May 2014, a public hearing was held to gather insight and contributions from the 
stakeholders involved in providing emergency assistance in response to 112 calls with regard 
to the opportunity of enabling mobile phones to deter mine the caller location using the GNSS, 
and in particular Galileo and to send it to PSAPs25. 
A large majority of stakeholders was in favour of measures to enhance legal certainty in order 
to foster GNSS caller location deployment and ensure a timely, effec tive and uniform service 
for the public. They believed  that this would also guarantee EU independence; crucial in 
emergency situations . 
A public consultation was conducted from 18 April until 12 July 2016 prior to the adoption of 
the Space Strategy. The co nsultation was addressed to stakeholders in the public and private 
sectors, in industry, including small and medium -sized enterprises (SMEs), research and 
academia in Europe, as well as to citizens who wanted to share their views on the future 
Space Strate gy. The use of Galileo for emergency calls (E112) was perceived as very useful , 
with most stakeholders responding that the caller location would be more accurate if GNSS 
location data was used, including Galileo26. 
The Delegated Regulation has not been subject to an impact assessment as it simply clarifies 
other pieces of legislation which were subject to impact assessments: The Universal Services 
Directive27, the European Electronic Communications Code28, and the Radio Equipment 
Directive29. In addition, M ember States already have the obligation under the Universal 
Services Directive  and in the future under the European Electronic Communication Code  to 
ensure that location information is provided . This Delegated Regulation provides legal 
certainty to implem ent an effective caller location solution. A technical solution incorporating 
GNSS and Wi -Fi signal based information has already been anticipated by the market and is 
now available in over 95% of all smartphones. Smartphone manufacturers face negligible 
costs as the solution is software driven.  
The Delegated Regulation was presented to Member States at the Space Policy Expert Group 
meetings of 14 November 201730 and 14 March 201831. It was also presented to Member 
States and industry at the Telecommunication  Conformity Assessment and Market 
Surveillance Committee (TCAM) meetings of 1 December 201732 and 16 April 201833. 
                                                 
25 https://www.gsc -europa.eu/news/how -to-enable -better -location -for-emergency -calls-galileo -and-112 
26 The stakeholder consultation can be found here : https://ec.europa.eu/growth/content/public -
consultation -space -strategy -europe -0_en   
27 Directive 2002/22/EC of the European Parliament and of the Council of  7 March 2002 on universal 
service and users' rights relating to electronic communications networks and services.  
28 Proposal for a Directive of the European Parliament and of the Council establishing the European 
Electronic Communications Code (Recast) - COM(2016)590.  
29 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the 
harmonisation of the laws of the Member States relating to the making available on the market of radio 
equipment and repealing Directive 1999/5/EC. The Radio Equipment Directive 2014/53/EU  
30 http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetaigroupIDl&=2486   
31 http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=2486   
32 https://circabc.europa.eu/w/browse/552ffe2a -3176 -47d7 -8725 -92d4a5dd5a4f  
33 Ibid.  
EN 5  EN 3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
In accordance with Article 290 of the Treaty on the Functioning of the European Union 
(TFE U), this Commissi on Delegated Regulation supplements  Directive 2014/53/E U, and in 
particular Article 3(3)(g) thereof.  
Pursuant to Article 3(3)  (g) of Directive 2014/53/EU, the Commission is empowered to adopt 
delegated acts, on categories or classes of radio equipment in o rder to ensure that radio 
equipment support certain features ensuring access to emergency services.  
The purposes of the Delegated Regulation , based on Article 3(3)  (g) of Directive 2014/53/EU, 
is to specify the features, the classes and categories which ar e concerned by that Article.  
The Delegated Regulation  will specify that hand -held mobile telephones  with advanced 
computing capabilities ('mobile devices', commonly referred -to as 'smartphones '), are covered 
by Article 3 (3) (g).  
The objective is to ensure that these mobile devices support  technical solutions for the 
reception and processing of location data based on Wi-Fi signal, and data from Global 
Navigation Satellite Systems c ompatible and interoperable with at least the Galil eo system 
referred to in Regulation (EU) No 1285/2013  for the purpose of making emergency 
communications more effective.   
EN 6  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing of Directiv e 2014/53/EU of the European Parliament and of the Council 
with regard to the application of the essential requirements referred to in Article 3 (3) 
(g) of that Directive in order to ensure caller location in emergency communications 
from mobile devices  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Directive 2014/53/EU of the European Parliament and of the Council of 16 
April 2014 on the harmonisation of the laws of the Member States relating  to the making 
available on the market of radio equipment and repealing Directive 1999/5/EC1 and in 
particular Article 3(3) thereof,  
Whereas:  
(1) As stated in r ecital 14 of Directive 2014/53/EU , radio equipment can be instrumental 
in providing access to emerge ncy services and should therefore in appropriate cases be 
designed to support the features required for access to those services . 
(2) The system established under the Galileo programme on the basis of Regulation (EU) 
No 1285/2013 of the European Parliament and  of the Council2 is a global navigation 
satellite system ('GNSS') fully owned and controlled by the Union which provides a 
highly accurate positioning service under civilian control.  The Galileo system can be 
used in combination with other GNSS.  
(3) The Space Strategy for Europe3, adopted in 2016 announces  measures  introducing the 
use of  Galileo positioning and navigation services in mobile phones.  
(4) In its conclusions of 5 December 20174, the Council supports the development of a 
strong downstream market for space -based applications and services, and underlines 
that adequate measures, including regulatory ones, where appropriate, should be taken 
to achieve the full compatibility of devices  sold in the Union with the  Galileo system 
and to encourage the uptake o f Galileo -ready devices on the global market.  
(5) Directive 2002/22/EC of the European Parliament and of the Council5 provides for the 
deployment of the  single European emergency call number ("112") throughout the 
                                                 
1 OJ L 153, 22.5.2014, p. 62.  
2 Regulation (EU) No 1285/2013 of the European Parliament and of the Council of 11 December 2013 on 
the implementation and exploitation of European satellite navigation systems and repealing Council Regulation 
(EC) No 876/2002 and Regulation (EC) No 683/2008  of the European Parliament and of the Council (OJ L  347, 
20.12.2013, p. 1 ).  
3 Communication from the Commission to the European Parliament, the Council, the European and 
Social Committee and the Committee of the Regions – Space Strategy for Europe ( COM ( 2016)705 final ). 
4 Council Conclusions of 5 Decemb er 2017 on "The Mid -term Evaluation of the Galileo and EGNOS 
programmes and of the performance of the European GNSS Agency" , 15435/17.  
5 Directive 2002/22/EC of the European Parliament and of the Council of  7 March 2002 on universal 
service and users' rights relating to electronic communications networks and services (Universal Service 
Directive) (OJ L 108, 24.4.2002, p. 51) .  
EN 7  EN Union  and obliges Member States to ensure that  undertakings providing end -users 
with an electronic communication service for originating calls to a number or numbers 
in the national numbering plan  make caller location information available to 
authorities  handling emergenc y calls to at least the  single  European emergency call 
number "112". 
(6) Hand-held mobile telephones with advanced computing capabilities ( 'mobile devices' ) 
is the category of telecommunication radio equipment  that is most used in the Union to 
make calls to the single European emergency ca ll number "112". 
(7) The level of accuracy regarding the location of the radio equipment accessing the 
emergency services plays a key role in ensuring that the required access to those 
services is effective. Currently, caller location in emergency communication s from 
mobile devices is established using a cell-ID based on the coverage area of the serving 
cell-tower of the mobile device. The area of coverage of a cell tower varies from 100 
metres to several kilometres. In certain cases, notably in mou ntains , cities and large 
buildings , this can lead to significant errors in positioning emergency callers.  
(8) A caller location identification based on a cell-ID complemented with the Wi -Fi and 
GNSS information allows for much more accurate caller location and permits faster 
and more efficient  rescue efforts, as well as an optimisation of resources.  
(9) Caller -location solutions based on GNSS positioning have already been deployed in 
eight Member States and certain third countries.  
(10) With respect to 112 -based eCall in-vehicle systems, Regulation (EU) 2015/758 of the 
European Parliament and of the Council6 already requires that receivers in those 
systems be compatible with the positioning services provided by the Galileo and the 
EGNOS systems.  
(11) For the reasons set out,  mobile devices should also fall within the category of radio 
equipment which supports certain features ensuring access to emergency services 
referred to in  Article 3(3)(g) of Directive 2014/53/EU.  New mobile devices should be 
capable of provid ing access t o Wi -Fi and GNSS location information in emergency 
communications  and the location positioning feature should be compatible with and 
interwork with the services provided by the Galileo programme.   
(12) Directive 2014/53/EU is limited to the expression of essent ial requirements. In order 
to facilitate conformity assessment with those requirements, it provides for a 
presumption of conformity for radio equipment which complies  with voluntary 
harmonised standards that are adopted in accordance with Regulation (EU) N o 
1025/2012 of the European Parliament and of the Council7 for the purpose of 
expressing detailed technical specifications of those requirements.  
(13) The European Committee for Electrotechnical Standardisation (CENELEC) and the 
European Telecommunications Stan dards Institute (ETSI) were requested to draft, in 
                                                 
6 Regulation (EU) No 2015/758 of the European Parliament and of the Council of 29 April 2015 
concerning type approval requirements for the deployment of the eCall in vehicle system based on the 
112 service and amending Directive 2007/46/EC (OJ L 123, 19.5.20 15, p.77).  
7 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on 
European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 
94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 200 4/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the 
European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 
1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).   
EN 8  EN support of the implementation of Article 3 of Directive 2014/53/EU, harmonised 
standards for radio equipment  (M/536)8 . 
(14) Economic operators should be provided with a sufficient time period to proceed with 
the necessary adaptations to mobile devices they intend to put on the market. Nothing 
in this Regulation should be interpreted as preventin g economic operators from 
complyin g with it from the date of its  entry into force .  
(15) The Commission has carried out ap propriate consultations, including at expert level , 
during the preparatory work of the  measures set out in this Regulation and has 
consulted  the Space Policy Expert Group at its meetings of 14 November 2017 and 14 
March 2018 , 
HAS ADOPTED THIS REGULATION:  
Article 1  
1. The essential requirements set out in Article 3(3)(g) of Directive 2014/53/EU  shall 
apply to hand -held mobile telephones with features similar to those of a computer in 
terms of capability to treat and store data.  
2. Compliance with paragraph 1 shall  be ensured through technical solutions for the 
reception and processing of Wi -Fi data, data from Global Navigation Satellite 
Systems compatible and interoperable with at least the Galileo system referred to in 
Regulation (EU) No 1285/2013, and for the mak ing available of th at data for 
transmission in emergency communications.  
Article  2 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union . 
It shall apply from  [36 months after its entry into force].  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude Juncker  
                                                 
8 Commission Im plementing Decision C(2015) 5376 final of 4 August 2015 on a standardisation request 
to the European Committee for Electro technical Standardisation and to the European Telecommunications 
Standards Institute as  regards radio equipment in support of Directiv e 2014/53/EU of the European Parliament 
and of the Council.