Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2010/40/EU as regards the period for adopting delegated acts
Date: 2017-03-22
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: data protection, delegation of power, environmental protection, information technology, intelligent transport system, personal data, road safety, road transport, transport infrastructure

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   EUROPEAN COMMISSION  Brussels, 22.3.2017  COM(2017) 136 final 2017/0060 (COD)   Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2010/40/EU as regards the period for adopting delegated acts (Text with EEA relevance)  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Directive  2010/40/EU  of  the  European  Parliament  and  of  the  Council  of  7 July  2010  on  the 
framework for the deployment of Intelligent Transport Systems in the field of road transport 
and for interfaces with other modes of transport1 (the ITS Directive), which entered into force 
in  August  2010,  is  aimed  at  accelerating  the  coordinated  EU-wide  deployment  and  use  of 
intelligent  transport  systems  (ITS)  in  the  field  of  road  transport.  The  Directive  requires  that 
specifications be adopted, through delegated acts,  for actions in four priority areas. The ITS 
Directive was one of the first pieces of Union legislation stipulating the use of delegated acts 
and  the  power  to  adopt  the  delegated  acts  was  conferred  on  the  Commission  for  a  limited 
period only, until 27 August 2017. 

Four delegated acts have been adopted since the entry into force of the ITS Directive. A fifth 
delegated act has been finalised with Member States’ experts and addresses the provision of 
EU-wide multimodal travel information services. In addition to interoperability requirements 
for  eCall,  the  data-sharing  mechanisms  developed  in  these  contexts  are  contributing 
significantly to  the objectives of the Digital Single Market  Strategy2. The digitisation of the 
transport sector also contributes to its sustainability. 

A digital transport system requires horizontal thinking, across transport modes and industries. 
Digital technologies build on a layer of data which can be combined into a layer of innovative 
services  and  applications.  Specifications  under  the  ITS  Directive  enable  the  formulation  of 
common  functional,  technical,  organisational  and  service  provisions  that  facilitate  the 
accessibility and availability of data which are then  used to develop this layer  of innovative 
services and applications. 

In the context of the recently adopted European strategy on Cooperative Intelligent Transport 
systems3  (C-ITS),  the  Commission  is  currently  working  with  the  Member  States’  experts  to 
establish a legal and technical framework to support the deployment of cooperative ITS. This 
is part of the ITS Directive’s priority area IV and is one of the actions under the Directive for 
which  the  Commission  intends  to  use  its  delegation  of  power  to  adopt  technical,  functional 
and organisational specifications. In-depth preparatory work is necessary to guarantee that the 
specifications  cover  all  the  aspects  required  to  ensure  the  harmonised  and  interoperable 
deployment  of  C-ITS  in  the  Union.  The  work  is  benefiting  from  input  from  and  close 
cooperation  with  C-ITS  platform4  stakeholders,  and  lessons  learnt  from  C-ITS  deployment 
projects  such  as  Member  States’  initiatives  under  the  C-ROADS  platform5.  The  C-ITS 
specifications  will  be  fundamental  to  ensuring  the  coordinated  and  rapid  deployment  of 
cooperative, connected and automated vehicles in the Union. 

1  OJ L 207, 6.8.2010, p. 1. 
2  http://ec.europa.eu/priorities/digital-single-market_en  
3  A  European  strategy  on  Cooperative  Intelligent  Transport  Systems,  a  milestone  towards  cooperative, 

connected and automated mobility (COM(2016) 766). 

4  http://ec.europa.eu/transport/themes/its/c-its_en  
5  https://ec.europa.eu/transport/themes/its/news/2016-10-07-european-commission-member-states-and-

industry-join-forces-deployment_en  

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Apart from the work on a legal and technical framework to support the deployment of C-ITS, 
several other actions in the four ITS Directive priority areas6 have still to be addressed, such 
as  specifications  and  standards  for  the  continuity  and  interoperability  of  traffic  and  freight 
management  services  (priority  area II),  specifications  for  other  actions  relating  to  ITS  road 
safety and security applications (priority area III), and the definition of necessary measures to 
integrate  different  ITS  applications  on  an  open  in-vehicle  platform  (priority  area IV, 
paragraph 1.1). 

In  order  that  the  Commission  can  adopt  further  specifications  through  delegated  acts,  it  is 
essential  that  the  delegation  of  power  be  extended.  Furthermore,  specifications  that  have 
already  been  adopted  may  need  to  be  updated  to  reflect  technological  progress  or  lessons 
learnt from their implementation in the Member States. 

The Commission is therefore proposing that the delegation of power be extended by five years 
from 27 August 2017 and tacitly thereafter for further five-year periods, unless the European 
Parliament or the Council oppose such extension. 

• 

Consistency with existing policy provisions in the policy area 

The only aim of this proposal is to extend the delegation of power to the Commission to adopt 
delegated acts, without changing the policy objectives or the scope of the ITS Directive. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article 91 of the Treaty on the Functioning of the European Union (TFEU). 

• 

Subsidiarity (for non-exclusive competence)  

The  ITS  Directive  addresses  trans-national  issues  that  cannot  be  satisfactorily  addressed  by 
Member States only, such as the interoperability of equipment and strengthening the internal 
market  for  ITS  services  (thereby  contributing  to  competitiveness  at  global  level,  jobs  and 
growth).  

In accordance with the principle of subsidiarity, the use of a (framework) directive such as the 
ITS  Directive  remains  one  of  the  most  appropriate  means  of  achieving  the  intended  result. 
The  overarching  principles  and  enabling  conditions  for  ITS  implementation  are  given 
practical  effect  through  specifications  developed  with  the  strong  involvement  of  Member 
State experts. The Commission has also established a European ITS Advisory Group, through 
which representatives of relevant public and private ITS stakeholders advise it on the business 
and technical aspects of the implementation and deployment of ITS in the EU. 

Specifications adopted by the Commission apply by virtue of Article 5 of the ITS Directive, 
which  acknowledges  the  right  of  each  Member  State  to  decide  on  the  deployment  of  ITS 
applications and services on its territory. 

• 

Proportionality 

The  Commission’s  involvement  is  limited  to  the  minimum  required  for  achieving  the 
objectives  of  the  proposal  and  does  not  go  beyond  what  is  necessary  for  that  purpose.  It  is 
limited to developing, in support of the Member States and with the assistance of national ITS 

6  See Annex I to the Directive.  

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experts,  procedures  and  specifications  in  well-identified  priority  areas  that  require  a 
supra-national approach.  

Not  extending  the  delegation  of  power  to  the  Commission  would  endanger  the  EU-wide 
integrated  and  coordinated  deployment  of  interoperable  ITS  in  road  transport  and  their 
interfaces  with  other  transport  modes.  It  would  not  be  practicable  or  time-efficient  for  the 
Council and the European Parliament to adopt all the necessary detailed specifications one by 
one. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

• 
A report on the implementation of the ITS Directive in October 20147 highlighted the need to 
extend  (from  August  2017)  the  delegation  of  power  enabling  the  Commission  to  adopt 
delegated acts for ITS specifications, and the need, in a second phase, to prepare a possible 
more extensive revision of the Directive taking account of the constant technical evolution of 
ITS. This proposal addresses only the extension of the delegation of power. 

• 

Stakeholder consultations 

The outcome of the consultation conducted prior to the adoption of the ITS Directive and the 
ITS  Action  Plan8  is  still  considered  to  be  of  relevance,  e.g. with  respect  to  cross-sector 
collaboration, the implementation strategy and stakeholder coordination. 

Targeted  consultations  have  recently  taken  place  with  stakeholder  groups,  in  particular  the 
European ITS Committee and the members of the European ITS Advisory Group. There was 
general agreement on the need to extend the delegation of power to the Commission to adopt 
delegated acts. 

• 

Impact assessment 

There are no plans for an impact assessment, as the extension does not change the scope and 
content of the ITS Directive itself. 

4. 

BUDGETARY IMPLICATIONS 

There are no budgetary implications for the EU budget. 

5. 

• 

OTHER ELEMENTS 

Choice of the legal form of the proposal 

The objective of the proposal is to extend the delegation of power to the Commission to adopt 
delegated acts. Although part of a Directive, the new provisions are not actually addressed to 
the Member States but to Union institutions. They therefore do not have to be transposed into 
national legislation and should be adopted in a form of a Decision. 

7  http://ec.europa.eu/transport/themes/its/road/action_plan/its_reports_en.htm  
8  http://ec.europa.eu/transport/modes/road/consultations/2008_03_26_its_en.htm  

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• 

Detailed explanation of the specific provisions of the proposal 

Article 1 extends by five years the power conferred on the Commission to adopt the delegated 
acts.  Subsequently,  the  power  will  be  tacitly  extended  for  five  years  at  a  time  unless  the 
European Parliament or the Council oppose such extension. 

Article  2  provides  for  the  Decision  to  enter  into  force  on  the  20th  day  following  that  of  its 
publication in the Official Journal of the European Union. 

• 

European Economic Area 

The proposed act is of EEA relevance. 

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2017/0060 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2010/40/EU as regards the period for adopting delegated acts 

(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 91 thereof, 

Having regard to the proposal from 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 Committee1, 
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 

Directive  2010/40/EU  of  the  European  Parliament  and  the  Council3  provides  for  the 
development of specifications for priority actions within priority areas. 

Since  the  entry  into  force  of  Directive  2010/40/EU,  four  delegated  acts  relating  to 
priority actions of that Directive have been adopted by the Commission. They address 
in  particular  eCall  and  data  sharing  mechanisms  facilitating  the  electronic  data 
exchange between the relevant public authorities and stakeholders and the relevant ITS 
service providers. There is a need for further delegated acts regarding actions still to be 
addressed and belonging to the scope of Directive 2010/40/EU. 

Under Article 12 of Directive 2010/40/EU, the power conferred on the Commission to 
adopt  the  delegated  acts  referred  to  in  Article  7  of  the  Directive  expires  on 
27 August 2017. 

In order to achieve the objectives of Directive 2010/40/EU, 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 for an additional period of five years starting 
from 27 August 2017. This period should be tacitly extended for periods of the same 
duration, unless the European Parliament or the Council oppose such an extension. It 
is  of  particular  importance  that  the  Commission  carry  out  appropriate  consultations 
during its preparatory work, including at expert level, and that those consultations be 
conducted  in  accordance  with  the  principles  laid  down  in  the  Interinstitutional 

OJ C , , p. . 
OJ C , , p. . 
Directive 2010/40/EU of the European Parliament and the Council of 7 July 2010 on the framework for 
the  deployment  of  Intelligent  Transport  Systems  in  the  field  of  road  transport  and  for  interfaces  with 
other modes of transport (OJ L 207, 6.8.2010, p. 1). 

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Agreement  of  13  April  2016  on  Better  Law-Making.  In  particular,  to  ensure  equal 
participation  in  the  preparation  of  delegated  acts,  the  European  Parliament  and  the 
Council receive all documents at the same time as Member States' experts, and their 
experts systematically have access to meetings of Commission expert groups dealing 
with the preparation of delegated acts, 

HAVE ADOPTED THIS DECISION:  

Article 1 

In Article 12 of Directive 2010/40/EU, paragraph 1 is replaced by the following: 

‘1. 

The power to adopt the delegated acts referred to in Article 7 shall be conferred on 
the Commission for a period of five years from 27 August 2017. The delegation of 
power  shall  be  tacitly  extended  for  periods  of  an  identical  duration,  unless  the 
European  Parliament  or  the  Council  opposes  such  an  extension  no  later  than  three 
months  before  the  end  of  each  period.  The  Commission  shall  draw  up  a  report  in 
respect of the delegation of power no later than nine months before the end of each 
five-year period.’ 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 2 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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