P7_TA(2014)0154 Deployment of the eCall in-vehicle system ***I European Parliament legislative resolution of 26 February 2014 on the 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 (COM(2013)0316 — C7-0174/2013 — 2013/0165(COD)) P7_TC1-COD(2013)0165 Position of the European Parliament adopted at first reading on 26 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC [Am. 1]Text with EEA relevance.
Date: 2014-02-26
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Industry, Research and Energy, Committee on Transport and Tourism, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: European standard, approval, emergency aid, intelligent transport system, motor vehicle, protection of privacy, road safety, technical standard, telephone, vehicle parts




C_2017285EN.01056801.xml










29.8.2017   


EN


Official Journal of the European Union


C 285/568





P7_TA(2014)0154
Deployment of the eCall in-vehicle system ***I
European Parliament legislative resolution of 26 February 2014 on the 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 (COM(2013)0316 — C7-0174/2013 — 2013/0165(COD))
(Ordinary legislative procedure: first reading)
(2017/C 285/59)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2013)0316),










—


having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0174/2013),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 19 September 2013 (1),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0106/2014),












1.


Adopts its position at first reading hereinafter set out;












2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 341, 21.11.2013, p. 47.


P7_TC1-COD(2013)0165
Position of the European Parliament adopted at first reading on 26 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC [Am. 1]
(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 Committee (1),
Having regard to the opinion of the European Data Protection Supervisor,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:






(1)


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 (3).










(2)


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.












(2a)






The deployment of an eCall service available in all vehicles and in all Member States has been one of the high Union priorities in the area of road safety since 2003. In order to achieve that objective, a series of initiatives have been launched, as part of a voluntary deployment approach, but have not achieved sufficient progress to date. [Am. 2]











(3)


In order to further improve road safety, the 
Commission
 Communication 
of 21 August 2009 entitled
: ‘eCall: Time for Deployment’
 (4)
 proposes new measures to accelerate the deployment of

deploy
 an in-vehicle emergency call service in the Union. One of the suggested measures is to make mandatory the fitting of 
112-based
 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. [Am. 3]











(4)


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












(4a)






It is still necessary to improve the operation of the 112 service throughout the Union, so that it provides assistance swiftly and effectively in emergencies. [Am. 4]











(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
, thanks to the early alerting of the emergency services
. The mandatory introduction of the 
112-based
 eCall in-vehicle system
, together with the necessary and coordinated infrastructure upgrade in electronic communication networks for conveying eCalls and Public Safety Answering Points (PSAPs) for receiving eCalls,
 would make the service available to all citizens and thus contribute to reduce human suffering and

the reduction of fatalities and severe injuries, of costs relating to
 healthcare
, of congestion caused by accidents
 and 
of
 other costs. [Am. 5]













(5a)






The eCall system will represent an important structure composed of multiple actors dealing with the safety of lives. Therefore it is essential that the liability aspect is covered by this Regulation in order to enable users to have full confidence and the eCall system to run smoothly. [Am. 6]











(6)


The provision of accurate and reliable positioning information 
in emergencies
 is an essential element of the effective operation of the 
112-based
 eCall in-vehicle system. Therefore, it is appropriate to require its compatibility with the services provided by satellite navigation programmes, including

in particular
 the systems established under the Galileo and EGNOS programmes 
as
 set out in Regulation (EC) No 683/2008

(EU) No 1285/2013
 of the European Parliament and of the Councilof 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo)
 (5). [Am. 7]











(7)


The mandatory equipping of vehicles with the 
112-based
 eCall in-vehicle system should initially apply only to new 
types of
 passenger cars and light commercial vehicles (categories M1 and N1) for which an appropriate triggering mechanism already exists. 
The possibility of extending the application of the 112-based eCall in-vehicle system requirement in the near future to include other vehicle categories, such as heavy goods vehicles (HGVs), buses and coaches, powered two-wheelers (PTW) and agricultural tractors, should be further assessed by the Commission with a view to presenting, if appropriate, a legislative proposal. [Am. 8]













(7a)






The equipping of vehicles of existing types to be manufactured after 1 October 2015 with the 112-based eCall in-vehicle system should be promoted in order to increase penetration. In respect of types of vehicles type-approved before 1 October 2015, an eCall system may be retrofitted on a voluntary basis. [Am. 9]













(7b)






The public interoperable Union-wide eCall service based on the single European emergency call number 112 (‘emergency number 112’) and private eCall services (third party service supported eCall systems) can coexist provided that the measures necessary to ensure continuity in the provision of the service to the consumer are adopted. In order to ensure continuity of the public 112-based eCall service in all Member States throughout the lifetime of the vehicle and to guarantee that the public 112-based eCall service is always automatically available, all vehicles should be equipped with the public 112-based eCall service, regardless of whether or not a vehicle buyer opts for a private eCall service. [Am. 10]













(7c)






Consumers should be provided with a realistic overview of the 112-based eCall in-vehicle system and of the private eCall system, if the vehicle is equipped with one, as well as comprehensive and reliable information regarding any additional functionalities or services linked to the private emergency service, in-vehicle emergency or assistance-call applications on offer, and regarding the level of service to be expected with the purchase of third party services and the associated cost. The 112-based eCall is a public service of general interest and should therefore be accessible free of charge to all consumers. [Am. 11]











(8)


The mandatory equipping of vehicles with the 
112-based
 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

any
 additional services should be designed in such a way that they do not increase driver distraction 
or affect the functioning of the 112-based eCall in-vehicle system and the efficient work of emergency call centres.


The 112-based eCall in-vehicle system and the system providing private or added-value services should be designed in such a way that no exchange of personal data between them is possible. Where provided, those services should comply with the applicable safety, security and data protection legislation and should always remain optional for consumers
. [Am. 12]











(9)


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 
112-based
 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
, secured and standardised
 platform for possible future in-vehicle applications or services. 
As this requires technical and legal back-up, the Commission should assess without delay, on the basis of consultations with all stakeholders involved, including vehicle manufacturers and independent operators, all possibilities to promote and ensure such an open-access platform and, if appropriate, put forward a legislative proposal to that effect. Further clarifications should be provided on the conditions under which third parties providing added value services can have access to data stored in the 112-based in-vehicle system. Furthermore, the 112-based eCall in-vehicle system should be accessible free of charge and without discrimination to all independent operators for repair and maintenance purposes. [Am. 13]













(9a)






The introduction of any additional in-vehicle application or service should not delay the entry into force and application of this Regulation. [Am. 14]











(10)


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












(10a)






The 112-based eCall in-vehicle system, as an emergency system, requires the highest possible level of reliability. The accuracy of the minimum set of data and of the voice transmission and quality should be ensured, and a uniform testing regime should be developed to ensure the longevity and durability of the 112-based eCall in-vehicle system. Periodic technical inspections should therefore be carried out regularly in accordance with Directive 2014/45/EU of the European Parliament and of the Council

 (6)

. Detailed provisions for the testing should be included in the relevant Annex thereof. [Am. 15]











(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 
set out in this Regulation
. [Am. 16]












(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.
[Am. 17]











(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 2006, 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 (7), of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data 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 communications sector (Directive on privacy and electronic communications)
 (8), 
and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union govern the processing of personal data carried out in the context of this Regulation. Any processing of data through the 112-based eCall in-vehicle system should therefore be carried out in accordance with those Directives and under the supervision of the Member States' competent authorities, in particular the independent public authorities designated by the Member States pursuant to those Directives,
 in particular to guarantee that vehicles equipped with 
112-based
 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 
112-based
 eCall in-vehicle system includes 
only
 the minimum information required for the appropriate handling of emergency calls 
by PSAPs, and that no personal data is stored after that
. 
Given the consent of the data subject or a contract between both parties, other conditions may apply in case another emergency call system is installed in the vehicle in addition to the 112-based eCall in-vehicle system, but it should nevertheless comply with those Directives
. [Am. 18]













(13a)






This Regulation takes into account the recommendations made by the Article 29 Working Party established by Directive 95/46/EC in its ‘Working document on data protection and privacy implications in eCall initiative’ of 26 September 2006

 (9)
. [Ams. 19 and 90]













(13b)






When complying with technical requirements, vehicle manufacturers should integrate technical forms of data protection into in-vehicle systems and should comply with the principle of ‘privacy by design’
. [Am. 20]











(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 
112-based
 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
, consulting in particular the European Data Protection Supervisor, the Article 29 Working Party and consumer protection organisations
. 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. [Am. 21]











(16)


Vehicle manufacturers should be allowed sufficient time to adapt to the technical requirements of this Regulation 
and the delegated acts adopted pursuant to this Regulation in order to be able to carry out the necessary studies and tests under various conditions, as required, and thus ensure that the 112-based eCall in-vehicle system is fully reliable
. [Am. 22]











(17)


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










(18)


Since the objective 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 
112-based
 eCall in-vehicle system, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on 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 
112-based
 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.


This Regulation shall not apply to small series vehicles. [Am. 23]


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 305/2013

 (10)
, the following definitions shall apply: [Am. 24]







(1)


‘
112-based
 e-Call in-vehicle system’ means a

an emergency
 system
, comprising in-vehicle equipment and the means to trigger, manage and enact the eCall transmission, that is
 activated either automatically via in-vehicle sensors or manually, which carries,

emits signals
 by means of 
a public
 mobile wireless communications networks, 
to enable
 a standardised minimum set of data 
to be transmitted
 and establishes a 112-based audio channel between the occupants of the vehicle and a

the appropriate
 public safety answering point 
to be established
; [Am. 25. This amendment applies throughout the text]












(2)




‘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.
[Ams. 26 and 80]













(2a)






‘eCall’ means an in-vehicle emergency call to the emergency number 112, made via the 112-based eCall in-vehicle system; [Am. 27]













(2b)






‘public safety answering point’ or ‘PSAP’ means a physical location where emergency calls are first received under the responsibility of a public authority or a private organisation recognised by the Member State concerned; [Am. 28]













(2c)






‘minimum set of data’ or ‘MSD’ means the information defined by the standard ‘Road transport and traffic telematics — eSafety — eCall minimum set of data (MSD)’ (EN 15722) which is sent to the eCall PSAP; [Am. 29]













(2d)






‘in-vehicle equipment’ means equipment permanently installed within the vehicle that provides or has access to the in-vehicle data required for the minimum set of data (MSD) to perform the eCall transaction via a public mobile wireless communications network; [Am. 30]













(2e)






‘public mobile wireless communications network’ means mobile wireless communications network available to the public in accordance with Directives 2002/21/EC

 (11)

and 2002/22/EC

 (12)

of the European Parliament and of the Council. [Am. 31]






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 
embedded 112-based
 eCall in-vehicle system, in accordance with this Regulation and the delegated acts adopted pursuant to this Regulation. [Am. 32]


Article 5


Specific obligations of manufacturers

1.   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.
2.   Manufacturers shall demonstrate that all their new 
vehicle
 types of vehicle are constructed in such a way as to ensure that, in the event of a severe accident
, detected by activation of one or more sensors and/or processors within the vehicle,
 which occurs in the territory of the Union, an eCall to the single European emergency number 112 is triggered automatically. [Am. 33]

Manufacturers shall demonstrate that new vehicles

vehicle types
 are constructed 
in such a way
 as to ensure that an eCall to the single European emergency number 112 can also be triggered manually. [Am. 34]



2a.
   
Paragraph 2 is without prejudice to the right of the vehicle owner to use another emergency call system installed in the vehicle and providing a similar service, in addition to the 112-based eCall in-vehicle system. In that case, that other emergency call system shall be compliant with the standard EN 16102 ‘Intelligent transport systems — eCall — Operating requirements for third party support’, and manufacturers shall ensure that there is only one system active at a time and that the 112-based eCall in-vehicle system is triggered automatically in the event that the other emergency call system does not function. [Am. 35]

3.   Manufacturers shall ensure that the receivers in the 
112-based eCall
 in-vehicle systems are compatible with the positioning services provided by satellite navigation systems including

, in particular
 the Galileo and the EGNOS systems. [Am. 36]

4.   Only those 
embedded 112-based
 eCall in-vehicle systems which can be tested shall be accepted for the purposes of type-approval. [Am. 37]

5.   
112-based
 eCall in-vehicle systems shall comply with the requirements of Directive 1999/5/EC of the European Parliament and of the Council (13) and UNECE Regulation No 10 (14).


5a.
   
Manufacturers shall demonstrate that, in the event of a critical system failure which would result in an inability to execute an eCall detected during or following the self-test, a warning will be given to the occupants of the vehicle. [Am. 38]

6.   The 
112-based
 eCall in-vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes. [Am. 39]

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 
112-based
 eCall in-vehicle systems and amending Directive 2007/46/EC accordingly. [Am. 40]

The technical requirements and tests referred to in the first subparagraph shall be 
adopted after consultation of relevant stakeholders and shall be
 based on the requirements set out in paragraphs 
2, 2a,
 3, 4 and 6 and on the 
available

following standards 
relating to eCall and UNECE Regulations,
 where applicable
, including
: [Am. 41]







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












(ca)






EN 15722 ‘Intelligent transport systems — eSafety — eCall minimum set of data (MSD)’. [Am. 42]












(d)




any additional European standards or UNECE Regulations relating to eCall systems.
[Am. 43]






Article 6


Rules on privacy and data protection



-1a.
   
This Regulation is without prejudice to Directives 95/46/EC and 2002/58/EC. Any processing of personal data through the 112-based eCall in-vehicle system shall comply with the personal data protection rules provided for in those Directives. [Am. 44]

1.   In accordance with Directive 95/46/EC and Directive 2002/58/EC,Manufacturers shall ensure that vehicles equipped with 
112-based
 eCall in-vehicle system are not traceable and are not subject to any constant tracking in their normal

pre-emergency
 operational status related to the eCall. [Am. 45]

Privacy enhancing technologies shall be embedded in the 
112-based
 eCall in-vehicle 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.
2.   The minimum set of data

MSD
 sent by the 
112-based
 eCall in-vehicle system shall include only

as a maximum consist of
 the minimum information 
required by the standard referred to in point 2c of Article 3. The MSD shall not be processed for longer than necessary for the purpose for which they have been processed, and shall not be stored for longer than is
 required for the appropriate handling of emergency calls. 
The MSD shall be stored in such a way as to make possible its full deletion. [Am. 46]

3.   Manufacturers shall ensure that eCall users are provided with clear and comprehensive information about 
the existence of a free public eCall system, based on the emergency number 112, and
 the processing of data carried out through the 
112-based
 eCall in-vehicle system, in particular about: [Am. 47]







(a)


the reference to the legal basis for the processing;










(b)


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










(c)


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










(d)


the 
specific
 purpose of the eCall processing
, which shall be limited to the emergency situations referred to in the first subparagraph of Article 5(2)
; [Am. 48]











(e)


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










(f)


the time limit for the retention of data in the 
112-based eCall
 in-vehicle system; [Am. 49]











(g)


the fact that there is no constant tracking of the vehicle 
beyond the collection of the minimum amount of data necessary for the 112-based eCall in-vehicle system to determine and transmit the location and the direction of travel of the vehicle when reporting an incident, as well as the fact that any tracking data are only stored on the device for as long as strictly necessary for that purpose
; [Am. 50]











(h)


the modalities for exercising data subjects' rights;












(ha)






the fact that data gathered by the PSAPs through the 112-based eCall in-vehicle system must not be transferred to third parties without active prior consent from the data subject; [Am. 51]











(i)


any necessary additional information regarding the

traceability, tracking and
 processing of personal data in relation to the provision of a private eCall service and/or other added value services
, which shall be subject to explicit consent by the user and in compliance with Directive 95/46/EC. Particular account shall be taken of the fact that differences may exist between the data processing carried out through the 112-based eCall in-vehicle system and the private eCall systems or other added value services
. [Am. 52]







3a.
   
Manufacturers shall provide the information referred to in paragraph 3 as part of the technical documentation handed over together with vehicle. [Am. 53]



3b.
   
In order to avoid confusion as to the purposes pursued and the added value of the processing, the information referred to in paragraph 3 shall be provided to the user separately for the 112-based eCall in-vehicle system and other eCall Systems prior to the use of the system. [Am. 54]



3c.
   
Manufacturers shall ensure that the 112-based eCall in-vehicle system and another installed emergency call system and a system providing added-value services are designed in such a way that no exchange of personal data between them is possible. The non-use of another system or an added-value service or the refusal of the data subject to give consent to the processing of his or her personal data for a private service shall not create any adverse effects on the use of the 112-based eCall in-vehicle system and/or the eCall user. [Am. 55]

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 9 which shall define

, defining
 further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 
with respect to eCall, in particular the security measures that providers of eCall services are to adopt in order to ensure lawful data processing and prevent unauthorised access, disclosure, alteration or loss of personal data processed,
 as well as the modalities of the private

personal
 data processing and of the user information referred to in paragraph 3. [Am. 56]


Article 7


Obligations of the Member States

With effect from 1 October 2015 … (*1), national authorities shall only grant EC type-approval in respect of the 
112-based
 eCall in-vehicle system to new types of vehicles which comply with this Regulation and the delegated acts adopted pursuant to this Regulation. [Am. 57]



Article 7a




Periodic technical inspections




The requirements for periodic technical inspections concerning the 112-based eCall in-vehicle system shall be regulated by Directive 2014/45/EU. [Am. 58]


Article 8


Exemptions

1.   The Commission may exempt certain vehicles or classes of vehicles of categories M1 and N1 from the obligation to install 
a 112-based
 eCall in-vehicle systems

system
 set out in Article 4, if following a cost/benefit analysis 
and a technical analysis
, carried out or mandated by the Commission, and taking into account all relevant safety aspects, the application of those systems

the installation of the 112-based eCall in-vehicle system
 proves not to be appropriate to the vehicle or

indispensable for further improving road safety, due to the fact that the
 class of vehicles concerned 
is designed primarily for off-road use or does not have an appropriate triggering mechanism. Those exemptions shall be limited in number
. [Am. 59]

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 9 setting out the exemptions referred to in paragraph 1 of this Article. Those exemptions shall cover vehicles such as special purpose vehicles and vehicles without airbags and be limited in number.
[Am. 60]


Article 9


Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   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]

a period of five years from …

 (*2)

. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year
 period
. The delegation of power shall be tacitly extended for periods 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
. [Am. 61]

3.   The delegation of power referred to in Article 5(7), Article 6(4) and 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.
4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5.   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

three
 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. [Am. 62]


Article 10


Penalties for non-compliance

1.   Member States shall lay down the rules on penalties applicable to non-compliance by manufacturers with the provisions of this Regulation and 
the corresponding delegated acts and
 shall take all measures to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive
, in particular where Article 6 of this Regulation is not complied with
. Members

Member
 States shall notify those provisions to the Commission, and shall notify it without delay of any subsequent amendment affecting them. [Am. 63]

2.   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;












(ca)






breaching provisions laid down in Article 6. [Am. 64]







Article 10a




Reporting and review




1.
   
The Commission shall report to the European Parliament and to the Council regarding the readiness of the telecommunications and PSAP infrastructure required for eCall in Member States. If it is clear from that report that the eCall infrastructure will not be operational before the date referred to in the third paragraph of Article 12, the Commission shall take appropriate action.




2.
   
By 1 October 2018, the Commission shall prepare an evaluation report to be presented to the European Parliament and to the Council on the achievements of the 112-based eCall in-vehicle system, including its penetration rate. The Commission shall investigate whether the scope of the Regulation should be extended to other categories of vehicles, such as powered two-wheelers, heavy goods vehicles, busses and coaches, and agricultural tractors. If appropriate, the Commission shall present a legislative proposal to that effect.




3.
   
As soon as possible and in any event not later than by…

 (*3)

, the Commission shall report to the European Parliament and to the Council, following a broad consultation with all stakeholders, including vehicle manufacturers and independent operators, and an impact assessment, on the technical requirements for an interoperable, standardised, secure and open-access platform. The Commission shall accompany that report, if appropriate, with a legislative proposal to that effect. The 112-based eCall in-vehicle system shall be based on the standards for that platform as soon as they become available. [Am. 65]


Article 11


Amendments to Directive 2007/46/EC

Annexes I, III, IV, VI and IX 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.


Article 5(7), Article 6(4), Article 8(2) and Articles 9 and 10a shall apply from …

 (*4)
. [Am. 66]


It

Articles other than those referred to in the second paragraph of this Article
 shall apply from 1 October 2015. [Am. 67]


This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,


For the European Parliament


The President




For the Council


The President





(1)  OJ C 341, 21.11.2013, p. 47.

(2)  Position of the European Parliament of 26 February 2014.

(3)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 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) (OJ L 263, 9.10.2007, p. 1).

(4)  COM (2009) 434 final.


(5)  
OJ L 196, 24.7.2008, p. 1.

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).



(6)  
Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).



(7)  
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 data (

OJ L 281, 23.11.1995, p. 31).

(8)  
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 communications sector (Directive on privacy and electronic communications) (

OJ L 201, 31.7.2002, p. 37).

(9)  
1609/06/EN -WP 125.



(10)  
OJ L 91, 03.04.2013, p. 1.


(11)  
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).



(12)  
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).



(13)  Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 91, 7.4.1999, p. 10).

(14)  Regulation No 10 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of vehicles with regard to electromagnetic compatibility (OJ L 254, 20.9.2012, p. 1).

(*1)  
Date referred to in the third paragraph of Article 12.



(*2)  
Date of entry into force of this Regulation.



(*3)  
One year after the entry into force of this Regulation.



(*4)  
Date of entry into force of this Regulation.





ANNEX




Amendments to Directive 2007/46/EC


Directive 2007/46/EC is amended as follows:






(1)


In Annex I, the following points are added:






‘12.8


eCall system










12.8.1


description or drawings’;














(2)


In Annex III, In Part I, section A, the following points 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 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 is added to table 1:









Item


Subject


Regulatory act


Specific issues


Applicability and specific requirements




71.


eCall system


Regulation (EU) No…..


 


N/A














(ii)


the following item is added to table 2:









Item


Subject


Regulatory act


Specific issues


Applicability and specific requirements




71.


eCall system


Regulation (EU) No…..


 


N/A






















(4)


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









Item


Subject


Regulatory act reference(1)



As amended by


Applicable to versions




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 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 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 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 is added:







‘53.


Remarks (11): …………….’.




























(6)




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













Item




Subject




Regulatory act reference




M1 ≤


2 500  (1) kg




M1 >


2 500  (1) kg




M2





M3







71.




eCall system




Regulation (EU) No…..




A




A




N/A




N/A










[Am. 68]