Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning type-approval requirements for the deployment of the eCall in-vehicle system and amending Directive 2007/46/EC
Date: 2013-06-13
Institutions: European Commission
Subjects: European standard, approval, data protection, emergency aid, intelligent transport system, motor vehicle, road safety, telephone, vehicle parts

EUROPEAN 
COMMISSION 

Brussels, 13.6.2013  
COM(2013) 316 final 

2013/0165 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning type-approval requirements for the deployment of the eCall in-vehicle 
system and amending Directive 2007/46/EC 

(Text with EEA relevance) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The purpose of this proposal is to introduce in the EC motor vehicle type-approval system a 
requirement for fitting an eCall in-vehicle system. This forms part of a set of EU legal acts for 
ensuring the deployment of the 112-based eCall service by 1 October 2015. The other main 
legislative acts linked to this eCall initiative are: 

• 

• 

• 

Commission Recommendation 2011/750/EU of 8 September 2011 on support for an 
EU-wide eCall service in electronic communication networks for the transmission of 
in-vehicle emergency calls based on 112 (‘eCalls’)1 

Commission Delegated Regulation (EU) No 305/2013 of 26.11.2012 supplementing 
Directive 2010/40/EU of the European Parliament and of the Council with regards to 
the harmonised provision for an interoperable EU-wide eCall2 

Proposal for Decision (EU) No…/.. of xx.xx.20xx of the European Parliament and of 
the Council on the deployment of the interoperable EU-wide eCall3 

These different texts are complementary and together will allow for the 112 eCall service to 
be fully operational by 1 October 2015. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

2.1. 

Consultations with the interested parties 

This proposal is the result of extensive consultations with major stakeholders: 

The  stakeholders,  and  notably  the  CARS21  High  Level  Group,  were  consulted  during  the 
process  that  led  to  the  adoption  of  the  “CARS  2020:  action  plan  for  a  competitive  and 
sustainable European car industry”. More precisely, this proposal constitutes a delivery of the 
action:  “further  promote  the  deployment  of  Intelligent  Transport  Systems  (ITS),  including 
cooperative systems, in particular the EU-wide in-vehicle emergency call system eCall".  

This  proposal  also  takes  into  consideration  all  the  consultations  made  in  the  eCall  Impact 
Assessment.  These  consultations  include,  in  particular,  extensive  contributions  from 
stakeholders  involved  in  several  fora  such  as  the  European  eCall  Implementation  Platform 
(EeIP),  the  eCall  Public  Service  Answering  Points  (“PSAPs”)  expert  Group  and  the  eCall 
Driving  Group  within  the  eSafety/i-Mobility  Forum,  and  a  public  consultation  on  the 
implementation of eCall that was open from 19 July to 19 September 2010. 

Finally,  this  proposal  takes  into  consideration  the  opinion  of  the  European  ITS  Advisory 
Group, composed of 25 high level representatives from ITS service providers, associations of 
users, transport and facilities operators, manufacturing industry, social partners, professional 
associations, local authorities and other relevant fora.  

2.2. 

Impact assessment and cost-benefit analysis 

An extensive cost-benefit analysis was conducted as part of the eCall Impact Assessment for 
the three proposed options, including the preferred option on regulatory measures. 

1 
2 
3 

OJ L303, 22.11.2011, p.46. 
OJ L91, 3.4.2013,p.1 
OJ L[…],[…], p. […]. 

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As far as the cost-benefit analysis of the chosen option (option 3) is  concerned, each of the 
three planned eCall regulatory measures (in-vehicle, telecommunication, PSAP) is inseparable 
from the other two. 

2.2.1.  Analysis of main benefits 

The benefits identified through the impact assessment and several studies, including national 
ones, include: 

– 

– 

– 

– 

– 

Reduction  of  fatalities  (with  all  vehicles  eCall-equipped,  between  1%  and  10% 
response 
depending  on  country  population  density, 
infrastructure);  

road  and  emergency 

Reduction of seriousness of the injuries (between 2% and 15%);  

Reduction  of  congestion  costs  caused  by  traffic  accidents.  This  is  due  to  the 
improvement of accident management, as the accident is immediately notified to the 
PSAPs  and  can  therefore  be  transferred  to  the  appropriate  Traffic  Management 
Control, which can immediately inform other road users, and help reduce secondary 
accidents; 

Facilitation  of  rescue  services  and  increased  security  of  rescue  team  (e.g.  fire-
fighters) when extracting trapped occupants, as the Minimum Set of Data (“MSD”) 
in the eCall message will, among others, provide information on the fuel type; 

Reduced SOS roadside infrastructure, as each road user would be able to trigger an 
emergency call from their vehicle. 

2.2.2.  Cost–benefit ratio 

Benefits have also been quantified in monetary values and a cost-benefit analysis drawn for 
the different options as well for types of affected categories. The estimations are calculated up 
to year 2033 as this is the expected year of full penetration of the eCall service in case of the 
preferred policy option.  

Policy option 1 

Policy Option 2 

Policy Option 3 

No EU action 

Voluntary approach 

Regulatory measures 

Benefit-Cost 
Ratio 

0.29 

0.68 

1.74 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal basis 

The legal basis is article 114 of the Treaty on the Functioning of the European Union. 

3.2. 

Subsidiarity and proportionality 

According to the principle of subsidiarity (Article 5.3 Treaty on the European Union), action 
at Union level should be taken only when the aims envisaged cannot be achieved sufficiently 
by Member States alone and can therefore, by reason of the scale or effects of the proposed 
action, be better achieved by the Union. 

Road safety is an issue of major concern across the entire European Union and for all of its 
citizens. The purpose of the interoperable EU-wide eCall initiative is ultimately to introduce 
in all vehicles in the EU the minimum functionalities needed to ensure adequate handling of 

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the emergency calls by the emergency response services. Currently, road journeys exceed 100 
million  annually  across  the  various  Member  States  and  they  are  increasing  due  to  further 
consolidation  of  the  European  Union  (through  the  free  movement  of  goods,  persons  and 
services). Action is needed at EU level in order to guarantee interoperability and continuity of 
the service throughout Europe, which cannot be satisfactorily achieved by individual Member 
States  alone.  Moreover,  taking  action  at  EU  level  using  common  European  eCall  standards 
approved  by  the  European  Standardisation  Organisations  (CEN  and  ETSI)  will  ensure  the 
efficient provision of the emergency response service across Europe, for example in the case 
of vehicles travelling abroad, and also help to avoid market fragmentation. 

The  EU-wide  eCall  has  been  designed  in  such  a  way  as  to  minimise  the  impact  on  all  the 
stakeholders  in  the  value  chain  (automotive  industry,  mobile  network  operators,  Member 
States - PSAPs), and to distribute this impact fairly. 

3.3. 

Detailed explanation of the proposal 

Articles 2, 4 and 5: 

The  proposal  requires  new  types  of  passenger  cars  and  light  commercial  vehicles  to  be 
constructed as to ensure that in the event of a severe accident an emergency call (eCall) to the 
112 is triggered automatically.  It  must also be possible to trigger manually emergency calls 
(eCalls) to the 112. 

Article 6: 

Due to the nature of the information being provided by this service, rules for privacy and data 
protection are provided. 

Articles 5, 6 and 8: 

The Commission is empowered to adopt delegated acts relating to: 

• 

• 

• 

Detailed  technical  requirements  and  tests  for  the  type-approval  of  the  eCall  in-
vehicle systems, which will be based on the standards referred to in Article 5;  

privacy and data protection; 

exemptions for special purpose vehicles and for other justified cases. The exemptions 
will be limited in number. 

Article 12: 

The Regulation will apply from 1 October 2015. 

4. 

BUDGETARY IMPLICATION  

There are no budgetary implications for the EU budget. 

5. 

OPTIONAL ELEMENTS  

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic area. 

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2013/0165 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning type-approval requirements for the deployment of the eCall in-vehicle 
system and amending Directive 2007/46/EC 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal of the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee4,  

Having regard to the opinion of the European Data Protection Supervisor, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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  of  5 
September 2007 on establishing a framework for the approval of motor vehicles and 
their  trailers,  and  of  systems,  components  and  separate  technical  units  intended  for 
such vehicles (Framework Directive)5. 

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.  

In  order  to  further  improve  road  safety,  the  Communication  "eCall:  Time  for 
Deployment"6  proposes  new  measures  to  accelerate  the  deployment  of  an  in-vehicle 
emergency  call  service  in  the  Union.  One  of  the  suggested  measures  is  to  make 
mandatory the fitting of 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. 

On  3  July  2012,  the  European  Parliament  approved  the  Report  on  eCall:  a  new  112 
service for citizens7 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.  

(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. The mandatory introduction 

4 
5 
6 
7 

OJ C […], […], p. […]. 
OJ L 263, 9.10.2007, p.1. 
COM (2009) 434 final. 
2012/2056(INI). 

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(6) 

(7) 

(8) 

(9) 

of the eCall system would make the service available to all citizens and thus contribute 
to reduce human suffering and healthcare and other costs. 

its  compatibility  with 

The provision of accurate and reliable positioning information is an essential element 
of the effective operation of the eCall in-vehicle system. Therefore, it is appropriate to 
the  services  provided  by  satellite  navigation 
require 
programmes,  including  the  systems  established  under  the  Galileo  and  EGNOS 
programmes set out in Regulation (EC) No 683/2008 of the European Parliament and 
of the Council of 9 July 2008 on the further implementation of the European satellite 
navigation programmes (EGNOS and Galileo)8. 

The mandatory equipping of vehicles with the eCall in-vehicle system should initially 
apply  only  to  new  passenger  cars  and  light  commercial  vehicles  (categories  M1  and 
N1) for which an appropriate triggering mechanism already exists.  

The  mandatory  equipping  of  vehicles  with  the  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 
additional services should be designed not to increase driver distraction. 

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  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  platform  for  possible  future  in-vehicle 
applications or services. 

(10) 

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

(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. 

(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. 

(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  20069,  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 of 24 October 1995 on the protection of individuals with regard to 
the  processing  of  personal  data  and  on  the  free  movement  of  such  data10  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 
electronic 

(Directive  on  privacy 

communications 

sector 

and 

8 
9 
10 

OJ L 196, 24.7.2008, p.1. 
1609/06/EN – WP 125. 
OJ L 281, 23.11.1995, p. 31. 

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communications)11,  in  particular  to  guarantee  that  vehicles  equipped  with  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 in-vehicle eCall system includes the minimum information required for the 
appropriate handling of emergency calls. 

(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 
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.  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. 

(16)  Vehicle  manufacturers  should  be  allowed  sufficient  time  to  adapt  to  the  technical 

requirements of this Regulation.  

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

(18)  Since the objectives 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 eCall in vehicle system, cannot be sufficiently achieved by 
the Member States and can, therefore, by reason of its scale, be better achieved at the 
level of the Union, the Union may adopt measures in accordance with the principle of 
subsidiarity  set  out  in  Article  5  of  the  Treaty  on  the  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, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

This  Regulation  establishes  the  technical  requirements  for  the  EC  type-approval  of  vehicles 
regarding the eCall in-vehicle system.  

Article 2  
Scope 

This Regulation shall  apply  to vehicles  of categories M1 and N1 as defined in points 1.1.1. 
and 1.2.1. of Annex II to Directive 2007/46/EC. 

11 

OJ L 201, 31.7.2002, p. 37. 

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Article 3 
Definitions 

For the purpose of this Regulation and in addition to the definitions laid down in Article 3 of 
Directive  2007/46/EC  and  in  Article  2  of  Commission  Delegated  Regulation  (EU)  No 
305/201312, the following definitions shall apply: 

(1) 

(2) 

‘e-Call  in-vehicle  system’  means  a  system  activated  either  automatically  via  in-
vehicle  sensors  or  manually,  which  carries,  by  means  of  mobile  wireless 
communications  networks,  a  standardised  minimum  set  of  data  and  establishes  a 
112-based  audio  channel  between  the  occupants  of  the  vehicle  and  a  public  safety 
answering point; 

‘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. 

Article 4  
General obligations of the Manufacturers 

Manufacturers  shall  demonstrate  that  all  new  types  of  vehicles  referred  to  in  Article  2  are 
equipped  with  an  eCall  in-vehicle  system,  in  accordance  with  this  Regulation  and  the 
delegated acts adopted pursuant to this Regulation.  

Article 5 
Specific obligations of manufacturers 

Manufacturers shall ensure that all their new types of vehicle are manufactured and 
approved  in  accordance  with  the  requirements  set  out  in  this  Regulation  and  the 
delegated acts adopted pursuant to this Regulation. 

Manufacturers shall demonstrate that all their new types of vehicle are constructed to 
ensure  that  in  the  event  of  a  severe  accident  which  occurs  in  the  territory  of  the 
Union,  an  eCall  to  the  single  European  emergency  number  112  is  triggered 
automatically. 

Manufacturers shall demonstrate that new vehicles are constructed as to ensure that 
an  eCall  to  the  single  European  emergency  number  112  can  also  be  triggered 
manually. 

Manufacturers shall ensure that the receivers in the in-vehicle systems are compatible 
with the positioning services provided by satellite navigation systems including the 
Galileo and the EGNOS systems. 

Only  those  eCall  in-vehicle  systems  which  can  be  tested  shall  be  accepted  for  the 
purposes of type-approval.  

in-vehicle  systems  shall  comply  with 

eCall 
1999/5/EC13 and UNECE Regulation No 1014.  

the  requirements  of  Directive 

The eCall in-vehicle system shall be accessible to all independent operators free of 
charge and without discrimination at least for repair and maintenance purposes. 

OJ L 91, 03.04.2013, p. 1. 
OJ L 91, 7.4.1999, p.10. 
OJ L 254, 20.9.2012, p.1. 

1. 

2. 

3. 

4. 

5. 

6. 

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7. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  9  establishing  the  detailed  technical  requirements  and  tests  for  the  type-
approval  of  eCall 
in-vehicle  systems  and  amending  Directive  2007/46/EC 
accordingly.  

1 

2. 

3. 

The  technical  requirements  and  tests  referred  to  in  the  first  subparagraph  shall  be 
based  on  the  requirements  set  out  in  paragraphs  3,  4  and  6  and  on  the  following 
standards, where applicable: 

(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  eCall  in-vehicle  system  conformance  to 
the pan-European eCall; 

(d) 

any  additional  European  standards  or  UNECE  Regulations  relating  to  eCall 
systems.  

Article 6 
Rules on privacy and data protection 

In  accordance  with  Directive  95/46/EC  and  Directive  2002/58/EC,  manufacturers 
shall ensure that vehicles equipped with eCall in-vehicle system are not traceable and 
are not subject to any constant tracking in their normal operational status related to 
the eCall. 

Privacy enhancing technologies shall be embedded in the in-vehicle eCall system in 
order to provide eCall users with the desired level of privacy protection, as well as 
the necessary safeguards to prevent surveillance and misuse. 

The minimum set of data sent by the eCall in-vehicle system shall include only the 
minimum information required for the appropriate handling of emergency calls. 

Manufacturers  shall  ensure 
that  eCall  users  are  provided  with  clear  and 
comprehensive information about the processing of data carried out through the eCall 
in-vehicle system, in particular about: 

(a) 

the reference to the legal basis for the processing; 

(b) 

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

(c) 

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

(d) 

the purpose of the eCall processing; 

(e) 

(f) 

(g) 

(h) 

(i) 

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

the time limit for the retention of data in the in-vehicle system; 

the fact that there is no constant tracking of the vehicle; 

the modalities for exercising data subjects' rights; 

any necessary additional information regarding the processing of personal data 
in relation to the provision of a private eCall service and/or other added value 
services.  

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4. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 9 which shall define further the requirement of the absence of traceability and 
tracking and the privacy enhancing technologies referred to in paragraph 1 as well as 
the modalities of the private data processing and of the user information referred to 
in paragraph 3.  

Article 7 
Obligations of the Member States  

With  effect  from  1  October  2015,  national  authorities  shall  only  grant  EC  type-approval  in 
respect  of  the  eCall  in-vehicle  system  to  new  types  of  vehicles  which  comply  with  this 
Regulation and the delegated acts adopted pursuant to this Regulation.  

1. 

2. 

1. 

2. 

3. 

4. 

5. 

Article 8 
Exemptions 

The  Commission  may  exempt  certain  vehicles  or  classes  of  vehicles  of  categories 
M1 and N1 from the obligation to install eCall in-vehicle systems set out in Article 4, 
if following a cost/benefit analysis, carried out or mandated by the Commission, and 
taking  into  account  all  relevant  safety  aspects,  the  application  of  those  systems 
proves not to be appropriate to the vehicle or class of vehicles concerned. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  9  setting  out  the  exemptions  referred  to  in  paragraph  1.  Those  exemptions 
shall  cover  vehicles  such  as  special  purpose  vehicles  and  vehicles  without  airbags 
and be limited in number. 

Article 9 

Exercise of the delegation 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The  power  to  adopt  delegated  acts  referred  to  in  Article  5  (7),  Article  6(4)  and  in 
Article  8(2)  shall  be  conferred  on  the  Commission  for  an  indeterminate  period  of 
time from […][Publications Office, please insert the exact date of entry into force]. 

The  delegation  of  powers  referred  to  in  Article  5(7),  in  Article  6(4)  and  in  Article 
8(2) 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. It shall not 
affect the validity of any delegated acts already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A delegated act adopted pursuant to Article 5(7), Article 6(4) and Article 8(2), shall 
enter  into  force  only  if  no  objection  has  been  expressed  either  by  the  European 
Parliament or 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. 

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Article 10 
Penalties for non-compliance 

1. 

2. 

Member States shall lay down the rules on penalties applicable to non-compliance by 
manufacturers with the provisions of this Regulation  and  shall take  all measures to 
ensure  that  they  are  implemented.  The  penalties  provided  for  shall  be  effective, 
proportionate  and  dissuasive.  Members  States  shall  notify  those  provisions  to  the 
Commission,  and  shall  notify  it  without  delay  of  any  subsequent  amendment 
affecting them. 

The  type  of  non-compliance  which  is  subject  to  a  penalty  shall  include  at  least  the 
following:  

(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. 

Article 11 
Amendments to Directive 2007/46/EC 

Annexes I, III, IV, VI, IX and XI to Directive 2007/46/EC are amended in accordance with 
the Annex to this Regulation. 

Article 12 
Entry into force 

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 1 October 2015. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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11 

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ANNEX 

Amendments to Directive 2007/46/EC 

Directive 2007/46/EC is amended as follows:  

(1) 

In Annex I, the following points 12.8. and 12.8.1. are added: 

“12.8 eCall system 

12.8.1 description or drawings”; 

(2) 

In Annex III, In Part I, section A, the following points 12.8. and 12.8.1. are added: 

“12.8 eCall system 

12.8.1 Presence: yes/no (1)”; 

(3) 

Part 1 of Annex IV is amended as follows:  

(a)  The following item 71. is added to the table:  

Item  Subject  

Regulatory 
act  

Applicability 

M1  M2  M3  N1 

N2  N3  O1  O2  O3  O4 

71.  

eCall system  Regulation 

(EU) No….. 

X 

X 

(b)  Appendix 1 is amended as follows: 

(i) 

the following item 71. is added to table 1: 

Subject 

Item 

Regulatory act  

Specific issues 

71. 

 eCall system 

Regulation  (EU) 
No….. 

(ii) 

the following item 71. is added to table 2: 

Subject 

Item 

Regulatory act  

Specific issues 

71. 

 eCall system 

Regulation  (EU) 
No….. 

Applicability 
and specific 
requirements 

N/A 

Applicability 
and specific 
requirements 

N/A 

(4) 

In  the  Appendix  to  Model  A  in  Annex  VI,  the  following  item  71.  is  added  to  the 
table: 

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Subject 

Item 

Regulatory 
reference(1) 

act 

As amended by 

Applicable 
versions 

to 

71. 

 eCall system 

Regulation  (EU) 
No….. 

(5) 

Annex IX is amended as follows: 

(a) 

In Part I, Model B is amended as follows: 

(i) 

Side 2 “vehicle category M1” is amended as follows:  

- point 52 is replaced by the following: 

“52. eCall presence yes/no”, 

- the following point 53 is added: 
“53. Remarks (11): …………….”; 

(ii) 

side 2 “vehicle category N1” is amended as follows: 

- point 52 is replaced by the following: 

“52. eCall presence yes/no”, 

- the following point 53 is added: 
“53. Remarks (11): …………….”; 

(b) 

in Part II, model C2 is amended as follows: 

(i) 

side 2 “vehicle category M1” is amended as follows: 

- point 52 is replaced by the following: 

“52. eCall presence yes/no”, 

- the following point 53 is added: 
“53. Remarks (11): …………….”; 

(ii) 

side 2 “vehicle category N1” is amended as follows: 

- point 52 is replaced by the following: 

“52. eCall presence yes/no”, 

- the following point 53 is added: 

“53. Remarks (11): …………….”; 

(6) 

In Appendix 1 to Annex XI, the following item 71. is added to the table: 

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Subject 

Item 

Regulatory 
reference 

act 

M1 ≤ 
2 500 (1) kg

M1 > 
2 500 (1) kg

M2 

M3 

71. 

 eCall system 

Regulation 
No….. 

(EU) 

A 

A 

N/A 

N/A 

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