Commission Recommendation of 4 July 2001 on the development of a legal and business framework for participation of the private sector in deploying telematics-based Traffic and Travel Information (TTI) services in Europe (Text with EEA relevance) (notified under document number C(2001) 1102)
Date: 2001-07-04
Institutions: European Commission
Subjects: drafting of EU law, private sector, project of common interest, road network, road traffic, telematics

L 199/20

EN

Official Journal of the European Communities

24.7.2001

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION RECOMMENDATION

of 4 July 2001

on the development of a legal and business framework for participation of the private sector in
deploying telematics-based Traffic and Travel Information (TTI) services in Europe

(notified under document number C(2001) 1102)

(Text with EEA relevance)

(2001/551/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community, and in particular Article 211 thereof,

Whereas:

(1)

(2)

(3)

In its conclusions the Transport Council, held at Luxem-
bourg on 17 June 1997, considers that the Communi-
cation from the Commission to the Council and the
European Parliament of 20 May 1997 on a Community
strategy and framework for the deployment of road
transport telematics in Europe and proposals for initial
actions (1), constitutes an appropriate basis for subse-
quent action.

A harmonised approach to trans-European telematics-
based traffic and travel
information (TTI) services is
required, and whereas a working party of high level
representatives appointed by the Member States, estab-
lished according to the indications of the Council in its
resolution of 28 September 1995 (2), chaired by the
Commission, will provide an adequate mechanism for
this purpose.

It is recognised that TTI service operators must be fully
informed about the requirements for compliance with
safety and other policies designed to protect the public
interest.
In particular, where TTI services utilise data
processing systems, they must, whatever the nationality
or residence of natural persons, respect
their funda-
mental rights and freedoms, with regard to personal data

(1) COM(1997) 223 final.
(2) OJ C 264, 11.10.1995, p. 1.

and privacy, in accordance with Directive 95/46/EC of
the Council of 24
the European Parliament and of
October 1995 on the protection of
individuals with
regard to the processing of personal data and on the free
movement of such data (3) and Directive 97/66/EC of
the European Parliament and of
the Council of 15
December 1997 concerning the processing of personal
data and the protection of privacy in the telecommuni-
cations sector (4).

It is also important to take full advantage of data and
information sources available through the public author-
ities in order to secure economy in information and data
supply which are necessary for the wide deployment of
TTI services.

Partnerships between the public and private sectors will
accelerate the deployment of TTI services, the principles
of those partnerships being laid down in the Communi-
cation of the Commission to the Council, the European
Parliament, the Economic and Social Committee and the
Committee of the Regions of 10 September 1997 on
public-private partnership in trans-European transport
network projects (5)

Decision No 1336/97/EC of the European Parliament
and of the Council of 17 June 1997 on a series of
guidelines
telecommunications
networks (6) encourages the public-private collaboration
for TTI applications through partnerships.

trans-European

for

The Council Resolution of 19 July 1999 on the involve-
ment of Europe in a new generation of satellite naviga-
tion services — Galileo (7) recognises that a European
satellite navigation system will have a positive impact on
the development of traffic and travel services.

(4)

(5)

(6)

(7)

(3) OJ L 281, 23.11.1995, p. 31.
(4) OJ L 24, 30.1.1998, p. 1.
(5) COM(1997) 453 final.
(6) OJ L 183, 11.7.1997, p. 12.
(7) OJ C 221, 3.8.1999, p. 1.

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(8)

The participation of the private sector in developing
telematics-based TTI services can be encouraged by
allowing for independent traffic monitoring,
including
the possibility of installation and maintenance of traffic
monitoring equipment along public roads, subject to
compliance with safety requirements. Furthermore, tele-
matics-based travel information systems and services can
contribute to the development of efficient, safe and
environmentally sound transport services, inter alia, the
requirement on the part of
the service providers to
cooperate with the authorities in the handling of traffic
incidents and transport emergency situations. Neverthe-
less,
information and data which is proprietary has
commercial value, and its commercial value should be
respected in line with Directive 96/9/EC of the European
Parliament and the Council of 11 March 1996 on the
legal protection of databases (1), even if it is made avail-
able to the public authorities.

(9)

Telematics-based TTI services have the potential to facili-
tate optimum use of transport networks by conforming
with the authorities' traffic management and mobility
policies, and the functional hierarchy of roads.

(10)

(11)

(12)

TTI service providers should be free to develop and offer
their services and products on a commercial basis, free
of obligations imposed by public authorities and public
agencies, except the rules concerning, inter alia, public
safety.

This Recommendation aims at contributing to the
Community strategy and framework for the deployment
of road transport
telematics in Europe and will be
reviewed by the Commission, after a suitable period, to
determine whether further action is required by the
Community to coordinate the actions in Member States.

In keeping with the principle of subsidiarity, legal and
business frameworks for TTI services and products
should be developed at national and local level. Never-
theless, in recognition of the need for coordination at
the European level, information on national and local
initiatives, actions or intended measures in the area of
TTI should be widely disseminated. The regulatory
framework for TTI services and products should be
developed to avoid the situation where a TTI service
provider must deal with a multiplicity of national,
regional and local authorities in turn before being
permitted to implement a new service.

HEREBY RECOMMENDS:

1. Purpose and objective

Member States are invited to develop an appropriate legal and
business framework for participation of the private sector in
deploying telematics-based traffic and Travel information (TTI)
services in Europe.

The objective of that framework is to encourage the commer-
cial deployment of added value services offered to travellers,
along with the improvement of existing and planned public
travel information sources such as broadcast and internet travel
news and telephone enquiry lines.

2. Facilitation of European TTI services

Member States are invited to work together for establishing
European TTI services by participating in the work of the high
level working party chaired by the Commission. The Member
States should inform the Commission of any national initia-
tives, actions or intended measures in the area of TTI services
and products.

3. Regulatory framework for TTI services

Member States should take steps to harmonise the require-
ments for TTI services at national, regional and local levels. To
this end, Member States are invited to take the following
actions:

(a) to publish and make available the requirements and applic-
able laws and regulations relating to public safety, traffic
safety,
transport and traffic management, privacy and
personal data with which TTI service providers need to
comply in providing their services, at national, regional and
local

level;

(b) to encourage the adoption of standard contracts and
service level agreements by public authorities and public
agencies for the supply of traffic and travel data of all
modes of transport to commercial sector operators and
users;

(c) to encourage the public authorities and public agencies
who operate on-line traffic detection and monitoring
equipment to make the data available in real time to all TTI
service providers on equal terms;

(d) to promote public private partnerships in the provision of

TTI services.

(13)

The adoption of a regulation or a directive would be
premature, and best results can be achieved with a
recommendation,

(1) OJ L 77, 27.3.1996, p. 20.

In the interests of promoting the rapid development of Euro-
pean TTI services and products, and to encourage market
competition and quality improvement in TTI services, Member
States are invited to carry out the following actions:

4. Proprietary traffic and travel data

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Official Journal of the European Communities

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(a) wherever possible,

to encourage public authorities and
public agencies to allow private operators of TTI services to
install and maintain their own traffic monitoring equip-
ment on public roads, operated on a proprietary basis;

(b) to develop, publish and make available, for the benefit of
all TTI service operators, guidelines for safe installation,
operation and maintenance of traffic monitoring equip-
ment on public roads;

(c) to specify, publish and make available the requirements to
be placed on TTI service providers to promptly notify the
authorities of any data or information about emergencies
and major traffic incidents they receive, in the interests of
public safety;

(d) to adopt measures to ensure that public authorities and
public agencies safeguard the commercial value of all
proprietary traffic data and travel information supplied to
them by private TTI service providers.

5. Observance of road infrastructure hierarchies and

traffic management strategies

In the interests of ensuring that TTI products and services
observe the recommended routes
through-traffic and
discourage the use of unsuitable roads, Member States are
invited to publish, with a view of
informing TTI service
providers and also the developers and publishers of navigation
databases, the details of road hierarchies for through traffic for
different classes of traffic as well as the existing local traffic

for

management requirements and guidelines. Changes to the road
hierarchies should be published promptly.

6. Facilitating TTI services

Member States are invited to ensure that TTI service providers
have the freedom to develop and offer their services and prod-
ucts on a commercial basis. The only constraints to be imposed
on them by public authorities and public agencies should be
those relating to public safety, traffic safety, transport and
traffic management and the protection of privacy and personal
data as provided for by this Recommendation.

7. Reporting progress

Member States are invited to report progress in establishing the
appropriate national
to the
Commission within two years of the date of publication of this
Recommendation in the Official
the European
Communities.

framework for TTI

Journal of

services

This Recommendation is addressed to the Member States.

Done at Brussels, 4 July 2001.

For the Commission

Erkki LIIKANEN

Member of the Commission