on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND TO THE COUNCIL

on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on 112 service

1.INTRODUCTION

Regulation (EU) 2015/758 of the European Parliament and of the Council establishes the type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service. It mandates, from 31 March 2018, all new models of passenger cars and vans to be equipped with a system that in case of a severe crash will automatically send information and launch a voice call to the nearest national emergency service (the European emergency number 112). This will significantly reduce the response time for rescue and will help saving human lives. Since the Regulation started to apply two years ago, more than one million new motor vehicles fitted with eCall were put into service on EU roads and this number is expected to increase fast in the next years.

For the purpose of achieving its objectives, Regulation (EU) 2015/758 of the European Parliament and of the Council confers on the Commission the power to adopt delegated acts in a number of matters listed in Article 8(2) and subject to the conditions laid down in this Article, in accordance with Article 290 TFEU.

2.LEGAL BASIS

Article 2(2), Article 5(8) and (9), Article 6(12) of Regulation (EU) 2015/758 of the European Parliament and of the Council empower the Commission to adopt delegated acts under the conditions laid down in Article 8.

Article 8(2) of Regulation (EU) 2015/758 confers the power on the Commission to adopt delegated acts concerning the matters listed therein for a period of five years from 8 June 2015. Furthermore, it puts the Commission under the obligation to prepare a report in respect of the delegation of power at the latest nine months before the end of the five-year period.

The delegated powers shall be tacitly extended for a period of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

The power to adopt delegated acts may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein and shall not affect the validity of any delegated acts already in force (Article 8(3) of Regulation (EU) 2015/758).

Regulation (EU) 2015/758 empowers the Commission to adopt delegated acts concerning the following matters:

a)to identify classes of vehicles of categories M1 and N1 which cannot be equipped with an appropriate eCall triggering mechanism for technical reasons (Article 2(2) of Regulation (EU) 2015/758);

b)to establish the detailed technical requirements and tests for the EC type-approval of vehicles in respect of their 112-based eCall in-vehicle systems and the EC type-approval of 112-based eCall in-vehicle systems, components and separate technical units (Article 5(8) of Regulation (EU) 2015/758);

c)to update the versions of the standards when a new version is adopted (Article 5(9) of Regulation (EU) 2015/758);

d)to establish the detailed technical requirements and test procedures for the application of the rules on personal data processing and for ensuring that there is no exchange of personal data between the 112-based eCall in-vehicle system and third party systems (Article 6(12) of Regulation (EU) 2015/758).

As soon as the Commission adopts a delegated act, it shall notify it simultaneously to the European Parliament and to the Council (Article 8(4) of Regulation (EU) 2015/758.

Under Article 8(5) of Regulation (EU) 2015/758, a delegated act adopted pursuant to Article 2(2), Article 5(8) and (9) and Article 6(12) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

3.EXERCISE OF THE DELEGATION