Commission Recommendation of 25 July 2003 on the processing of caller location information in electronic communication networks for the purpose of location-enhanced emergency call services (Text with EEA relevance) (notified under document number C(2003) 2657)
Date: 2003-07-25
Institutions: European Commission
Subjects: approximation of laws, data collection, data transmission, information processing, personal data, protection of communications, telephone

29.7.2003

EN

Official Journal of the European Union

L 189/49

COMMISSION RECOMMENDATION

of 25 July 2003

on the processing of caller location information in electronic communication networks for the
purpose of location-enhanced emergency call services

(notified under document number C(2003) 2657)

(Text with EEA relevance)

(2003/558/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

functionality and following the same principles. Organi-
sations operating private telecommunication installations
are not affected by this Recommendation.

Having regard to the Directive 2002/21/EC on a common
regulatory framework for electronic communications and
services (the ‘Framework Directive’) (1), and in particular Article
19 thereof,

Whereas:

(1)

(2)

Decision 91/396/EEC on the introduction of a single
European emergency call number (2) required Member
States to ensure that the number 112 was introduced in
public telephone networks as the single European emer-
gency call number by 31 December 1992, with under
certain conditions, a possibility for derogation until 31
December 1996.

Directive 2002/22/EC on universal service and users'
rights relating to electronic communications networks
and services (the ‘Universal Service Directive’) (3), requires
public telephone network operators (hereafter ‘opera-
tors’) to make caller location information available to
authorities handling emergencies, to the extent techni-
cally feasible, for all calls made to the single European
emergency call number 112. Directive 2002/58/EC
concerning the processing of personal data and the
protection of privacy in the electronic communications
sector (the ‘Directive on privacy and electronic commu-
nications’) (4)
that providers of public
communications networks and services may override the
elimination of the presentation of calling line identifica-
tion and the temporary denial or absence of consent of a
subscriber or user for the processing of location data, on
a per-line basis for organisations dealing with emergency
calls and recognised as
such by a Member State,
including law enforcement agencies, ambulance services
and fire brigades, for the purpose of responding to such
calls.

establishes

(4)

(5)

(6)

Location

the successful

For
implementation of E112 services
throughout the Community, implementation issues must
be addressed and timescales for the introduction of new
systems coordinated. The Coordination Group on Access
to
Services
(CGALIES) established by the Commission in May 2000
as a partnership of public service and private sector
players has allowed players of different sectors to discuss
and find agreement on the principles for harmonised
and timely implementation.

Information

Emergency

by

Following on from the recommendation by CGALIES,
providers of the public telephone network or service
should use their best effort to determine and forward the
most reliable caller location information available for all
calls to the single European emergency call number 112.

During the introductory phase of E112 services, applica-
tion of the best efforts principle is considered preferable
to mandating specific performance characteristics for
location determination. However,
safety
answering points and emergency services gain practical
require-
experiences with location information,
their
ments will become more defined. Moreover,
location
technology will continue to evolve, both within mobile
cellular networks and satellite location systems. There-
fore, the best effort approach will need to be reviewed
after the initial phase.

as public

(3)

Although this Recommendation is concerned with loca-
tion-enhanced 112, it is understood that parallel national
emergency call numbers will be enhanced with the same

(7)

(1) OJ L 108, 24.4.2002, p. 33.
(2) OJ L 217, 6.8.1991, p. 31.
(3) OJ L 108, 24.4.2002, p. 31.
(4) OJ L 201, 31.7.2002, p. 37.

It is important for all Member States to develop common
technical solutions and practices for the provision of
E112. The elaboration of common technical solutions
should be pursued through the European standardisation
organisations, in order to facilitate the introduction of
E112, create interoperable solutions and decrease the
costs of implementation to the European Union.

L 189/50

EN

Official Journal of the European Union

29.7.2003

(8)

A harmonised solution across Europe would serve inter-
operability for advanced safety applications, such as calls
which can be originated manually or automatically by
an in-vehicle telematics terminal. These calls can provide
additional information, for instance on the number of
passengers in a car or bus, on compass-direction, on
crash-sensor indicators, on the type of load of dangerous
goods or on health records of drivers and passengers.
With the high volume of cross-border traffic in Europe,
there is a growing need for a common data transfer
protocol for passing such information to public safety
answering points and emergency services in order to
avoid the risk of confusion or a wrong interpretation of
data passed.

(9)

The arrangements for forwarding location information
by operators to public safety answering points should be
established in a transparent and non-discriminatory way
including, where appropriate, any cost aspects.

(10)

The effective implementation of location-enhanced emer-
gency call services requires that the caller's location as
the public telephone
determined by the provider of
network or service is transmitted automatically to any
appropriate public safety answering point
that can
receive and use the location data provided.

(11) Directive 2002/58/EC concerning the processing of
personal data and the protection of privacy in the elec-
tronic communications sector (the ‘Directive on privacy
and electronic communications’) generally requires that
privacy and data protection rights of individuals should
be fully respected and adequate technical and organisa-
tional security measures should be implemented for that
purpose. However, it allows the use of location data by
emergency
the user
concerned. In particular, Member States should ensure
that there are transparent procedures governing the way
in which a provider of a public telecommunications
network and/or service may override the temporary
denial or absence of consent of a user for the processing
of location data, on a per-line basis for organisations
dealing with emergency calls and that are recognised as
such by a Member State.

services without

consent of

(12) Actions conducted in the context of the Community
action programme in the field of Civil Protection (herein-
after ‘Civil Protection Action Programme’) (1) should aim
to contribute to the integration of civil protection objec-
tives in other Community policies and actions as well as
the programme with other
to the consistency of
Community actions. This entitles the Commission to
implement actions aiming at increasing the degree of
preparedness of organisations involved in civil protec-

(1) OJ L 327, 21.12.1999, p. 53.

tion in the Member States, by enhancing their ability to
respond to emergencies and improving the techniques
and methods of response and immediate aftercare. This
may include the handling and use of location informa-
tion associated to E112 emergency calls by public safety
answering points and emergency services.

(13)

To achieve the objectives of this Recommendation, the
need for a continued dialogue between public network
operators and service providers and public authorities
including emergency services becomes even stronger.

(14) When reporting on the situation of E112 implementa-
tion, national authorities should address any relevant
technical feasibility issue that hinders the introduction of
E112 for specific categories of end-users, as well as the
technical requirements for handling emergency calls that
may originate from SMS and telematic data services.

(15)

The measures set out in this Recommendation are in
accordance with the advisory opinion of the Communi-
cations Committee set up by Article 22 of Directive
2002/21/EC,

HEREBY RECOMMENDS THAT:

1. Member States should apply the following harmonised
conditions and principles to the provision of caller location
information to emergency services for all calls to the single
European emergency call number 112.

2. For the purposes of this Recommendation, the following

definitions should apply:

(a) ‘emergency service’ means a service, recognised as such
by the Member State, that provides immediate and
rapid assistance in situations where there is a direct
risk to life or limb,
individual or public health or
safety, to private or public property, or the environ-
ment but not necessarily limited to these situations.

(b) ‘location information’ means

in a public mobile
network the data processed indicating the geographic
position of a user's mobile terminal and in a public
fixed network the data about the physical address of
the termination point.

(c) ‘E112’ means an emergency communications service
using the single European emergency call number,
112, which is enhanced with location information of
the calling user.

(d) ‘public safety answering point’ means a physical loca-
tion where emergency calls are received under the
responsibility of a public authority.

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Official Journal of the European Union

L 189/51

3. Member States should draw up detailed rules for public
network operators, to include, inter alia, the provisions in
points 4 to 9 below.

4. For every emergency call made to the European emergency
call number 112, public telephone network operators
should, initiated by the network, forward (push) to public
safety answering points the best information available as to
the location of the caller, to the extent technically feasible.
For the intermediate period up to the conclusion of the
review as referred to in point 13 below, it is acceptable
that operators make available location information on
request only (pull).

5. Fixed public telephone network operators should make
available the installation address of the line from which the
emergency call is made.

6. Public telephone network operators should provide loca-
tion information in a non-discriminatory way, and in parti-
cular should not discriminate between the quality of infor-
mation provided concerning their own subscribers and
other users. In the case of the fixed networks, other users
include users of public pay phones; in the case of mobile
networks or mobility applications, other users include
roamers or visiting users, or, where appropriate, users of
mobile terminals which can not be identified by the
subscriber or user number.

7. All location information provided should be accompanied
by an identification of the network on which the call origi-
nates.

8. Public telephone network operators should keep sources of
location information, including address information, accu-
rate and up-to-date.

9. For each emergency call for which the subscriber or user
number has been identified, public telephone network
operators should provide the capability to public safety
answering points and emergency services of renewing the
location information through a call back functionality
(pulling) for the purpose of handling the emergency.

10. In order to facilitate data transfer between operators and
public safety answering points, Member States should
encourage the use of a common open interface standard,
and in particular for a common data transfer protocol,
adopted by the European Telecommunications Standards
Institute (ETSI), where available. Such a standard should
include the necessary flexibility to accommodate future

for instance from in-
requirements as they may arise,
vehicle telematics terminals. Member States should ensure
that the interface is best suited to the effective handling of
emergencies.

11. In the context of

the obligation for E112 services
prescribed by the Universal Service Directive, Member
States should provide adequate information to their citi-
zens about the existence, use and benefits of E112 services.
Citizens should be informed that 112 connects them to
emergency services all across the European Union and that
their location will be forwarded. They should also be
informed about the identity of the emergency services that
will receive their location information and of other neces-
sary details to guarantee fair processing of their personal
data.

12. In the context of the continuous evolution of concepts and
technologies, Member States are encouraged to foster and
support the development of services for emergency assis-
tance, for instance to tourists and travellers and for the
transport of dangerous goods by road or rail,
including
handling procedures for forwarding location and other
emergency or accident related information to public safety
answering points; to support the development and imple-
mentation of common interface specifications in ensuring
Europe-wide interoperability of
such services; and to
encourage the use of location technologies with high preci-
sion such as third generation cellular network location
technologies and Global Navigation Satellite Systems.

13. Member States should require their national authorities to
report to the Commission on the situation of E112 imple-
mentation by the end of 2004 so that the Commission can
undertake a review taking into account
the emerging
requirements from public safety answering points and
emergency services and the evolutions and availability of
technological capabilities for location determination.

14. This Recommendation is addressed to the Member States.

Done at Brussels, 25 July 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission