REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Implementation of 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 transport (Text with EEA relevance)
Date: 2019-10-08
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: application of EU law, data protection, delegated legislation, information technology, intelligent transport system, personal data, protection of privacy, road safety, road transport, technical specification

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 8.10.2019  COM(2019) 464 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Implementation of 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 transport           (Text with EEA relevance)      {SWD(2019) 373 final}  
 
 
Contents 

1. 

2. 

2.1. 

2.2. 

Introduction .................................................................................................................. 2 

Analysis of the implementation of Directive 2010/40/EU ........................................... 2 

An updated Commission working programme ............................................................ 2 

Delegated acts on specifications .................................................................................. 3 

2.2.1.  Methodology ................................................................................................................ 3 

2.2.2.  Achievement of the specifications for priority actions ................................................ 3 

2.2.3.  Other actions ................................................................................................................ 5 

2.3. 

Proposals on deployment ............................................................................................. 6 

2.3.1.  The interoperable EU-wide eCall (priority action d) ................................................... 6 

2.3.2.  Other actions ................................................................................................................ 6 

2.4. 

2.5. 

Standards ...................................................................................................................... 7 

Non-binding measures ................................................................................................. 8 

2.5.1.  Guidelines for reporting by the Member States ........................................................... 8 

2.5.2.  Urban ITS guidelines ................................................................................................... 8 

2.6. 

2.7. 

2.8. 

Rules on privacy, security and re-use of information .................................................. 8 

Rules on liability .......................................................................................................... 9 

Member State reporting ................................................................................................ 9 

2.8.1.  Report on national activities and projects regarding the priority areas ........................ 9 

2.8.2.  Main lessons - current trends ....................................................................................... 9 

2.9. 

3. 

3.1. 

3.2. 

3.3. 

4. 

5. 

European ITS Advisory Group .................................................................................. 11 

Efficiency and appropriateness of Directive 2010/40/EU and the delegation of power
 .................................................................................................................................... 12 

Efficiency and appropriateness .................................................................................. 12 

Exercise of the delegation .......................................................................................... 12 

Follow-up of specifications ........................................................................................ 13 

Financial resources used and needed ......................................................................... 13 

Conclusion.................................................................................................................. 15 

1 

 
 
 
1. 

INTRODUCTION 

This  report  is  the  second  report  on  the  progress  made  for  the  implementation  of 
Directive  2010/40/EU1  (the  ITS  Directive),  providing  for  an  analysis  of  the 
functioning  and  implementation  of  the  Directive  since  the  first  progress  report,  in 
compliance with Article 17(4) of the Directive. The first report was adopted by the 
Commission  on  21  October  20142  and  was  accompanied  by  two  staff  working 
documents  on  the  implementation  of  the  ITS  Action  Plan  and  on  the  analyses  of 
Member States reports of 2011 and 20123. 

The ITS Directive provides for a framework for the adoption by the Commission of 
common  EU  specifications  for  actions  within  four  priority  areas  of  the  Directive, 
starting with six priority actions defined in Article 3 of the Directive. The status of 
the work on these six priority actions is described in Section 2.2.2. of this Report. 

The  power  to  adopt  specifications  with  technical,  functional,  organisational  and 
service provisions was conferred on the Commission until 27 August 2017. As stated 
in  the  first  progress  report,  an  extension  of  this  deadline  was  needed  to  adopt 
specifications,  for  those  actions  listed  in  Annex  I  of  the  ITS  Directive  that  are  not 
priority actions. 

This extension has been made through Decision (EU) 2017/2380 amending Directive 
2010/40/EU as  regards the period for adopting delegated acts4.  Itextends the power 
conferred  on  the  Commission  to  adopt  delegated  acts  for  a  period  of  five  years, 
tacitly  renewable,  from  27  August  2017.  It  also  requests  that  the  Commission 
updates the working programme related to the actions under Article 6(3) (i.e. actions 
beyond priority actions as listed in Annex I of the ITS Directive) by 10 January 2019 
and before each subsequent five-year extension of the power to adopt delegated acts. 

This  Report  is  accompanied  by  a  Commission  staff  working  document  on  the 
analysis of the Member States progress reports of 2014 and 2017 submitted pursuant 
to  Article  17(3)  of  the  ITS  Directive.  The  outcome  of  an  ex-post  evaluation  of  the 
ITS  Directive  is  presented  in  the  Commission  staff  working  document  on  the 
evaluation of the ITS Directive.5 

2. 

ANALYSIS OF THE IMPLEMENTATION OF DIRECTIVE 2010/40/EU 

2.1. 

An updated Commission working programme 

The  first  working  programme  of  the  ITS  Directive  covered  the  period  2011-2015, 
and  focused  on  the  preparation  of  specifications  related  to  the  six  priority  actions. 
While  the  need  to  further  progress  on  the  specifications  for  these  priority  actions 
remained  valid  beyond  this  period,  the  need  to  address  other  actions  from  the 

1 

2 
3 
4 
5 

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 mode of transport - OJ L 207 of 6.8.2010, p. 1. 
COM (2014) 642 final 
https://ec.europa.eu/transport/themes/its/road/action_plan/its_reports_en  
OJ L 340 of 20.12.2018, p.1. 
SWD(2019)368 and SWD(2019)369 

2 

 
 
                                                           
Directive  required  an  update  to  this  working  programme,  as  stipulated  in  Decision 
(EU) 2017/2380. 

Commission Decision (2018) 8264, adopted on 11 December 2018 and covering the 
period  2018-2022,  updates  the  working  programme  in  relation  to  the  actions  under 
Article 6(3) of the ITS Directive, i.e. actions in the scope of the four priority areas of 
the  Directive  other  than  the  six  priority  actions.  It  provides  a  description  and 
indicative  timeline  for  the  new  activities  the  Commission  plans  to  undertake  to 
implement these actions. 

2.2. 

Delegated acts on specifications 

2.2.1.  Methodology 

The specifications were developed in accordance with the Framework Agreement on 
relations between the European Parliament  and the European Commission6 and the 
Common  Understanding  of  the  European  Parliament,  Council  and  Commission  on 
delegated acts7 and with the principles laid down in the Interinstitutional Agreement 
of 13 April 2016 on Better Law-Making8, when this Agreement became applicable. 

As described in  the first progress  report, the development  of the specifications was 
informed  by  a  wide  range  of  preparatory  work  (studies,  workshops  etc),  analyses 
(cost-benefit, gap- requirements- and approaches analyses) and consultations (public 
consultations,  consultations  with  experts  nominated  by  Member  States9  and  the 
European  Data  Protection  Supervisor,  information  and  invitation  of  Council  and 
Parliament experts). 

As  emphasised  in  the  initial  report,  a  more  comprehensive  approach  was  deemed 
necessary  in  order  to  address  the  various  issues  (funding,  standardisation,  greater 
coordination of stakeholders, governance linked to deployment etc.) that go beyond 
the scope of mere specifications, in  particular for Cooperative  Intelligent  Transport 
Systems  (C-ITS).  A  stakeholder  platform10  (the  C-ITS  platform)  was  therefore 
created  in  November  2014  as  a  Commission  expert  group,  gathering  public  and 
private  stakeholders  and  representing  all  of  the  key  stakeholders  along  the  value 
chain 
including  public  authorities,  vehicle  manufacturers,  suppliers,  service 
providers, telecommunications companies etc. It brought them together to contribute 
towards  a  shared  vision  on  the  interoperable  deployment  of  C-ITS  in  the  EU  and 
support the development of EU specifications. 

2.2.2.  Achievement of the specifications for priority actions 

The six priority actions for the development and use of specifications and standards 
set out in Article 3 of the ITS Directive and its Annex I have been fully addressed. 
As noted in the first progress report, the adoption of the three first specifications was 
fairly  straightforward,  due  to  their  relatively  narrow  scope.  The  elaboration  of  the 
relevant specifications for the priority actions related to real-time traffic information 
and  multimodal  travel  information  services  was  more  challenging,  due  to  the  very 

6  
7  

8 
9 
10 

OJ L 304, 20.11.2010, p. 47. 
http://ec.europa.eu/commission_2010-
2014/sefcovic/documents/common_understating_on_delegated_acts.pdf 
OJ L 123, 12.5.2016, p. 1. 
http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=1941  
https://ec.europa.eu/transport/themes/its/news/c-its-deployment-platform_en  

3 

 
 
                                                           
broad scope of these specifications specified in Annex I to the ITS Directive, and the 
need to build a shared understanding on that scope with experts. 
Specifications were adopted chronologically as follows11: 

Priority action (d): on 26 November 2012, i.e. before the indicative target date of 27 
February 2013, the Commission adopted Delegated Regulation (EU) No 305/2013 on 
the  harmonised  provision  for  an  interoperable  EU-wide  eCall12  (see  first  progress 
report).  

Priority action (c): on 15 May 2013, the Commission adopted Delegated Regulation 
(EU)  No  886/2013  supplementing  the  ITS  Directive  with  regard  to  data  and 
procedures  for  the  provision,  where  possible,  of  road  safety-related  minimum 
universal traffic information free of charge to users13 (see first progress report). 

Priority action (e): on 15 May 2013, the Commission adopted Delegated Regulation 
(EU) No 885/2013 supplementing the ITS Directive with regard to the provision of 
information  services  for  safe  and  secure  parking  places  for  trucks  and  commercial 
vehicles14 (see first progress report). 

Priority action (f): The Commission conducted several consultations with Member 
State  experts  and  the  key  stakeholders  on  the  provision  of  reservation  services  for 
safe  and  secure  parking  places  for  trucks  and  commercial  vehicles.  This  led  to  the 
conclusion that there was no need for specifications and standards on reservation of 
parking  areas  (see  first  progress  report).  There  is  currently  no  indication  that  this 
situation has significantly changed. 

Priority  action  (b):  on  18  December  2014,  the  Commission  adopted  Delegated 
Regulation  (EU)  2015/962  supplementing  the  ITS  Directive  with  regard  to  the 
provision of EU-wide real-time traffic information services15. The specifications are 
intended to ensure the accessibility, exchange, re-use and update of road and traffic 
data by road authorities, road operators for the provision of EU-wide real-time traffic 
information services. As can be seen from this enumeration, the elements regulated 
are related to the “back office” more than to the services themselves. 

Priority action (a): on 31 May 2017, the Commission adopted Delegated Regulation 
(EU) 2017/1926 supplementing the ITS Directive with regard to the provision of EU-
wide  multimodal  travel  information  services16.  Several  initiatives  were  launched  in 
preparing  the  specifications  (1st  Smart  Mobility  Challenge,  studies,  workshops  and 
public  consultations17).  The  Commission  also  initiated  a  discussion  on  a  possible 
initiative on access to multimodal transport data in order to address the challenge of 
making  transport  data  accessible,  covering  all  modes  of  transport  and  mobility 
services.  The  first  stage  of  this  reflection  led  to  the  Commission  staff  working 
document  ‘Roadmap  towards  delivering  EU-wide  multimodal  travel  information, 
planning  and  ticketing  services’  in  June  2014,  the  first  step  being  the  adoption  of 
specifications  under  the  ITS  Directive.  The  adopted  specifications  address  both 

11  
12 
13 
14 
15  
16  
17 

The letters referred to are those of the different points contained in Article 3 of the ITS Directive 
OJ L 91, 3.4.2013, p. 1. 
OJ L 247, 18.9.2013, p. 6. 
OJ L 247, 18.9.2013, p. 1. 
OJ L 157, 157, 3.6.2015, p.21. 
OJ L 272, 21.10.2017, p.1. 
http://ec.europa.eu/transport/themes/its/road/action_plan/promotion_multimodal_planners_en.htm  

4 

 
 
                                                           
enabling  conditions,  such  as  accessibility  of  data,  and  services  and  provisions  for 
linking travel information services. 

2.2.3.  Other actions  

According  to  Article  6  of  the  ITS  Directive,  the  Commission  shall  adopt 
specifications  for  other  actions  in  priority  areas,  listed  in  Annex  I  to  the  ITS 
Directive,  once  the  necessary  specifications  for  the  priority  actions  have  been 
adopted.  

Work  has  recently  been  completed  on  C-ITS.  This  work  was  initially  based  on 
research projects and many consultations with stakeholders, including the European 
ITS Committee and the European ITS Advisory Group. It was continued within the 
C-ITS platform, with the aim of supporting the emergence of a vision shared by all 
actors involved in the value chain. The two phases (November 2014 — January 2016 
and  July  2016  —  September  2017)  of  the  C-ITS  platform18  addressed  the  main 
features of the technical and legal framework necessary for deploying of C-ITS, and 
provided  important  stakeholder  input  for  the  work  on  specifications  with  Member 
States  experts.  In  parallel,  Member  States  and  industry  started  important  initiatives 
(pre-deployment  C-Roads  Platform19  and  projects,  CAR  2  CAR  Communication 
Consortium)  which  contributed  to  common  European  specifications  for  vehicle-to-
vehicle and vehicle-to-infrastructure communication. 

After  14  meetings  with  Member  State  experts  and  intense  consultation  with  public 
and private stakeholders, the Delegated Regulation on common EU specifications for 
C-ITS has been adopted by the Commission on 13 March 201920. Nevertheless, this 
Delegated Act has been rejected by the Council in July 2019. 

Another  domain  for  adoption  of  specifications  is  related  to  open  access  for  ITS 
services (open in-vehicle platform) through access to in-vehicle data and resources. 
This  domain  has  been  the  subject  of  several  preparatory  studies21  and  intense 
discussions between stakeholders during the first  phase the C-ITS platform22. In its 
Communication [COM(2018)283 final]23 On the road to automated mobility: An EU 
strategy  for  mobility  of  the  future  published  on  17  May  2018,  the  Commission 
announced that it would consider the need for specifications under the ITS Directive 
for access to (personal and/or non-personal) vehicle data for public authorities' needs, 
in particular traffic management24. This work should also make use of input from a 
new Commission expert group on business-to-government data sharing25. 

18 
19 
20  
21 

22 

23 
24 

25 

Reports of the two phases available on https://ec.europa.eu/transport/themes/its/c-its_en  
https://www.c-roads.eu  
https://ec.europa.eu/transport/themes/its/news/2019-03-13-c-its_en 
In  particular  https://ec.europa.eu/transport/sites/transport/files/2017-05-access-to-in-vehicle-data-and-
resources.pdf, TRL, May 2017  
See §8. Working Group 6 of the C-ITS platform report: 
https://ec.europa.eu/transport/sites/transport/files/themes/its/doc/c-its-platform-final-report-january-
2016.pdf  
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52018DC0283  
In  the  Communication,  the  Commission  announced  also  a  Recommendation  on  a  data  governance 
framework to enable data sharing and that it would consider further options for a framework for vehicle 
data sharing to enable fair competition in the provision of services. 
https://ec.europa.eu/digital-single-market/en/news/commission-appoints-expert-group-business-
government-data-sharing  

5 

 
 
                                                           
This was confirmed in the updated working programme of the ITS Directive adopted 
on  11  December  2018,  which  lists  also  additional  activities  for  2018-2022.  These 
may lead to new delegated acts under the ITS Directive covering:  

 

 

 

 

the  possible  geographical  extension  of  existing  specifications  on  EU-wide 
real-time traffic information services including possible additional data types 
(e.g. urban access restrictions, recharging/refuelling points); 

the  possible  extension  of  eCall  to  other  vehicle  categories  (such  as  heavy 
goods  vehicles,  buses  and  coaches,  powered  two-wheelers,  and  agricultural 
tractors); 

interoperable multimodal payment / ticketing; and 

the continuity of traffic and freight management services. 

As  stated  in  the  updated  working  programme,  these  activities  will  start  with  a 
mapping  exercise  with  Member  States  experts,  to  further  clarify  the  scope  of  the 
activities. 

2.3. 

Proposals on deployment 

2.3.1.  The interoperable EU-wide eCall (priority action d) 

The  legal  framework  providing  for  the  deployment  of  the  interoperable  EU-wide 
eCall is now in place. 
Decision  No  585/2014/EU26,  adopted  on  3  June  2014,  provided  for  the  mandatory 
deployment, no later than 1 October 2017, of the necessary public safety answering 
points (PSAPs) infrastructure necessary to receive and handle 112 eCalls in the EU, 
in  accordance  with  the  specifications  laid  down  by  Delegated  Regulation  (EU)  No 
305/2013. According to the latest information received from the Member States, this 
deployment  is  complete,  except  for  one  issue  (a  lack  of  deployment  in  a  small 
region). 
Regulation  (EU)  2015/75827  establishes  the  general  requirements  for  the  EC  type-
approval of vehicles in respect of the 112-based eCall in-vehicle systems as well as 
of  112-based  eCall  in-vehicle  systems,  components  and  separate  technical  units.  It 
provides for the mandatory fitting of a 112-based eCall in-vehicle system on all new 
types of M1 (passengers cars) and N1 (light commercial vehicles) vehicles from 31 
March  2018  onward.  It  also  acknowledges  the  vehicle  owner’s  right  to  use  a  TPS 
eCall  in-vehicle  system  providing  a  similar  service,  in  addition  to  the  112-based 
eCall in-vehicle system. In the context of an evaluation report to be submitted by 31 
March  2021,  the  Commission  is  required  to  investigate  whether  the  scope  of  this 
Regulation should be extended to other categories of vehicles, such as heavy goods 
vehicles,  buses  and  coaches,  powered  two-wheelers,  and  agricultural  tractors.  This 
Regulation  was  complemented  by  Commission  Implementing  Regulation  (EU) 
2017/7828  and  Commission  Delegated  Regulation  (EU)  2017/7929  which  further 
detail administrative provisions and technical requirements. 

26 
27 
28 
29 

OJ L 164, 3.6.2014, p. 6. 
OJ L 123, 19.5.2015, p. 77. 
OJ L 12, 17.1.2017, p. 26. 
OJ L 12, 17.1.2017, p. 44. 

6 

 
 
                                                           
2.3.2.  Other actions 

According to the analysis of the Member States’ reports, most Member States have 
been very active in implementing the first specifications adopted [priority actions (c), 
(e) and (b)], in particular thanks to EU financial support through the Trans-European 
Transport Networks (TEN-T) and Connecting Europe Facility (CEF) calls.  

Regarding specifications pertaining to priority actions referred to in points (b) and (c) 
of Article 3 of the  ITS  Directive30, 17 Member States + Norway reported  that they 
have set up their National Access Point (NAP), while 5 others are taking action to do 
so  shortly.  The  deployment  of  NAPs  for  specifications  (e)  is  more  limited  (13 
Member States have set up a NAP and/or contributed to the European access point) 
as  several  Member  States  consider  that  the  specifications  do  not  apply  on  their 
territory due to  the  absence of safe  and secure parking information  services. Given 
these  positive  developments,  it  seems  appropriate  to  continue  supporting  current 
Member  States’  efforts  in  this  way,  especially  taking  also  into  account  that  these 
specifications address primarily the enablers of services, i.e. the accessibility of data, 
more  than  the  services  themselves.  A  similar  reasoning  may  be  applied  to 
specifications (a), which are still in early implementation. 

However,  beyond  the  accessibility  of  data,  the  question  of  the  availability  (i.e.  the 
existence itself of the information in digital format) of data is posed, in particular for 
very  important  data  types  corresponding  to  the  rules  for  the  usage  of  the 
infrastructure  such  as  traffic  regulations,  which  are  crucial  for  services  such  as 
Intelligent Speed Assistance (ISA) or automated driving, for the whole road transport 
network. This issue should be studied to assess the need for further action. 

2.4. 

Standards 

Several standardisation activities have been addressing the priority areas of the ITS 
Directive. 

The  eCall  standards  referred  to  in  Delegated  Regulation  (EU)  No  305/2013  have 
been adopted. A minor revision of these standards in order to integrate the outcome 
of the HeERO pilot projects31 was finalised in 2015. CEN/TS 16454 on eCall end-to-
end conformance testing was also finalised and published in 2015.  

Several  new  eCall-related  working  items  benefiting  from  EU  support  have  been 
started  by  the  CEN  and/or  ETSI  and  have  been  approved  as  new  standards  or 
technical  specifications,  in  particular  eCall  via  an  ITS  station,  several  technical 
specifications  extending  eCall  to  other  categories  of  vehicle  (HGVs  and  other 
commercial vehicles, coaches and busses, agricultural/forestry vehicles, powered two 
wheel  vehicles)  and  eCall  High  Level  Application  Protocols  (HLAP)  using  IMS 
packet switched networks. 

Other  needs  have  not  yet  been  addressed,  such  as  physical  and  operating 
requirements  for  aftermarket  in-vehicle  devices  and  guidelines  on  certification  of 
(aftermarket) eCall systems. 

30  

31  

Specifications  pertaining  to  the  various  points  of  Article  3  of  the  Directive  will  be  referred  to  in 
shorthand hereafter as “specifications (a)”, “specifications (b)” etc. 
www.heero-pilot.eu  

7 

 
 
                                                           
In the framework of the standardisation mandate M/453, CEN (TC 278 WG16) and 
the  European  Telecommunications  Standards  Institute  ETSI  (TC  ITS),  as  well  as 
other standardisation organisations, have provided standards relevant for cooperative 
ITS.  The  ITS  standardisation work also  builds on cooperation between the EU, the 
USA  and  other  partners  working  on  global  harmonisation  of  ITS  standards.  This 
cooperation accelerates standards definition and leads to quicker ITS deployment. 

The DATEX II standard for exchanging (real-time) ITS-related information has also 
been developed and published, while a CEN technical specification (CEN/TS 17268) 
for  the  exchange  of  (static)  ITS  spatial  data  was  finalised  in  2018  in  line  with  the 
TN-ITS  project32. These activities are essential for the better exchange of  ITS road 
transport data and for data required for digital maps. 

In  February  2016,  the  Commission  launched  the  standardisation  mandate  M/546 
requesting  that  the  European  Standardisation  Organisations  draft  new  European 
standards  and  European  standardisation  deliverables  to  support  the  implementation 
of Article 8 of the ITS Directive for multimodal information, traffic management and 
urban logistics in the urban ITS domain. This is expected to be completed in 2021. 

Additional  standardisation needs falling within the scope of the  ITS  Directive have 
been identified and added to the annual updates of the Commission Rolling Plan for 
ICT  standardisation33  in  view  of  possible  future  standardisation  activities.  These 
include  open  in-vehicle  platform  architecture,  safe  integration  and  operation  of 
nomadic devices, and a gap analysis with respect to the broad range of services for 
Cooperative, Connected and Automated Mobility (CCAM).. 

2.5. 

Non-binding measures 

2.5.1.  Guidelines for reporting by the Member States 

Having  regard  to  the  experiences  gathered,  in  light  of  the  analysis  of  the  first 
Member States’ ITS progress reports (2014), a common structure for reporting and a 
list  of  Key  Performance  Indicators  (KPIs)  has  been  drawn  up  in  cooperation  with 
Member  States  experts  and  proposed  to  Member  States,  to  be  used  in  their  2017 
progress reports on a voluntary basis. These complement the guidelines for reporting 
by  Member  States  under  the  ITS  Directive34  adopted  on  13  July  2011.  Detailed 
information  on  the  usage  of  these  structure  and  KPIs  can  be  found  in  the 
Commission staff working document on the analysis of the Member States’ progress 
reports of 2014 and 2017). 

2.5.2.  Urban ITS guidelines 

As reported in the first progress report, urban ITS guidelines prepared as part of the 
ITS  Action  Plan  provided  input  for  the  Commission  staff  working  document  on 
Mobilising  Intelligent  Transport  Systems  for  EU  cities35.  Thiswas  part  of  the  EU 

32 
33  
34 
35  

https://tn-its.eu/  
http://ec.europa.eu/growth/industry/policy/ict-standardisation_en  
OJ L 193, 23.7.2011, p. 48 
https://ec.europa.eu/transport/sites/transport/files/themes/urban/doc/ump/swd(2013)527-
communication.pdf 

8 

 
 
                                                           
Urban  Mobility  Package  adopted  on  17  December  201336.  The  Commission  will 
carry out an evaluation of this package in 2019.  

2.6. 

Rules on privacy, security and re-use of information 

As reported in  2014, provisions related to  privacy, data protection, security and re-
use of information have been included in specifications where appropriate, clarifing 
that  legislation  on  privacy  and  data  protection  must  be  complied  with.  In  the  same 
way,  the  European  Data  Protection  Supervisor  has  been  systematically  invited  to 
expert meetings and his opinion duly taken into account. 

The protection of personal data was an important consideration when preparing the 
specifications  on  C-ITS,  as  several  C-ITS  services  rely  on  the  transmission  of 
personal  data.  It  was  clarified  that  for  C-ITS,  the  specifications  cannot  constitute 
legal  basis  for  the  lawful  processing  of  data.  This  notwithstanding,  the  C-ITS 
specifications  set  requirements  for  the  pseudonymisation  of  messages  as  well  as 
considerations in the recitals that support the protection of personal data. 

important  aspect  of 

the  specifications  on  C-ITS, 

Another 
is  security  of 
communications.  For many C-ITS  services, it is essential to  ensure the authenticity 
and  integrity  of  C-ITS  messages  containing  information  such  as  position,  velocity 
and heading. Therefore, through these specifications, one common European C-ITS 
trust  model  is  established  for  all  C-ITS  stations  regardless  of  the  communication 
technologies used. 

2.7. 

Rules on liability 

As  reported  in  2014,  provisions  related  to  liability  have  been  included  in 
specifications as relevant, in accordance with Article 11 of the ITS Directive.  

Liability  being  also  an  important  element  for  C-ITS,  due  consideration  has  been 
given to reference provisions for Community harmonisation legislation for products 
set out in Annex I of Decision No 768/2008/EC37 when preparing the specifications. 
These  are  not  strictly  related  to  liability  but  they  detail  the  obligations  and 
responsibilities of C-ITS station manufacturers.  

2.8.  Member State reporting 

2.8.1.  Report on national activities and projects regarding the priority areas 

In accordance with Article 17(3) of the ITS Directive, Member States were required 
to submit reports to the Commission by 27 August 2014 and by 27 August 2017 on 
their  national  activities  and  projects  in  priority  areas  listed  in  Article  2  of  the  ITS 
Directive. 

These 2014 and 2017 reports have been analysed in  the Commission  staff working 
document ‘Analysis of Member States’ reports’ that accompanies this report. 

2.8.2.  Main lessons - current trends 

Most  Member  States  are  actively  pursuing  work  in  priority  area  I  (Optimal  use  of 
road, traffic and travel data), including EU-funded projects involving many Member 

36  
37  

http://europa.eu/rapid/press-release_IP-13-1255_en.htm  
Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common 
framework for the marketing of products. 

9 

 
 
                                                           
States (such as Crocodile 2). Many countries also reported that they are developing 
national  journey  planners  and  improving  their  data  collection  infrastructure  and 
variable  message  signs.  However,  the  private  sector  has  initially  shown  limited 
willingness to cooperate on access to road safety-related data38 (specifications (c)). 

Member  States  have  also  developed  a  wide  range  of  activities  in  priority  area  II 
(Continuity  of  traffic  and  freight  management  ITS  services).  These  include 
improving their traffic management systems and continuing cross border-deployment 
of traffic management services, linking up  road  and rail transport more  effectively, 
developing  multimodal  smart/e-ticketing  for  public 
transport,  or  developing 
innovative  tools  and  online  systems  for  road  freight  information  and  management. 
Almost all Member States were involved in one or more EU-funded projects in this 
area, such as NEXT-ITS 2, Ursa Major 2, MedTIS2 or Arc Atlantique 2. 

Apart  from  the  deployment  of  the  eCall  infrastructure  and  the  implementation  of 
specifications (e) on safe and secure truck parking information services, which was 
also  supported  by  CEF-funded  projects,  fewer  activities  have  been  reported  for 
priority  area  III  (ITS  road  safety  and  security  applications).Several  key  large-scale 
EU-funded ITS projects along CEF corridors (such as Ursa Major 2 or NEXT-ITS 2) 
relate at least partly to priority area III, however, as they aim in particular to improve 
the safety of passenger  and freight  traffic.  It  should  also  be noted that many of the 
cooperative ITS projects reported in priority area IV have a strong focus on safety. 

Many  new  activities  have  been  reported  in  priority  area  IV,  mainly  focused  on 
cooperative ITS, bringing this area more into line with other priority areas in many 
Member States. CEF-funded projects such as the C-Roads Platform (and associated 
C-Roads national projects), InterCor and NordicWay brought together many Member 
States and have helped build cross-border interoperability and standards. 

As already underlined in the 2014 report, interoperability and continuity of services 
has been underpinned by the EU specifications adopted under the ITS Directive.  

Many Member States have also set up the NAPs related to the different specifications 
of the ITS Directive. The following table shows the level of deployment of NAPs at 
the  time  of  writing  of  this  report.  The  red  colour  highlights  a  lack  of  information 
and/or  a  lack  of  deployment  of  the  NAPs  in  several  Member  States.  An  up-to-date 
and detailed list of the NAPs is also available on the Commission’s website39.  

Colour code for National Access Points 

38  

39 

Regarding  data  generated  by  vehicles,  several  Member  States  initiated  in  2017  a  Data  Task  Force 
involving  several public and private  stakeholders. On 3 June 2019, a Memorandum of  Understanding 
was signed to work on a Proof of Concept to share road safety related traffic data generated by vehicles. 
https://www.roundtable-dtf.eu/data-task-force/  
https://ec.europa.eu/transport/themes/its/road/action_plan/nap_en  

10 

ExistingWork in progressNo informationNot applicable 
 
 
                                                           
Many  Member  States  also  worked  together  on  common  tools  related  to  the 
accessibility  of  data  and  provision  of  services  (e.g.  DATEX  II  profiles,  TN-ITS 
specifications,  metadata  catalogue,  quality  framework,  self-declaration  templates 
etc.),  through  CEF-funded  projects/programme  support  actions,  or  on  a  voluntary 
basis.  This  cooperation  should  be  encouraged  and  extended  in  order  to  support  the 
harmonisation of the digital ITS infrastructure, whose backbone is formed by all the 
NAPs. 

New types of activities have also been reported, such as the use of drones for traffic 
monitoring,  and  many  Member  States  reported  activities  related  to  self-driving 
vehicles/autonomous  driving.  These  emerging  new  ITS  themes  merit  sustained 
attention, in particular in light of the possible revision of the ITS Directive. 

2.9. 

European ITS Advisory Group 

As already reported in 2014, the Commission has systematically asked members of 
the  European  ITS  Advisory  Group  for  their  written  opinions  on  the  business  and 
technical  aspects  of  the  draft  specifications  The  group  has  provided  valuable 
comments,  which  helped  draw  up  final  versions  of  the  specifications.  Ten  physical 
meetings  were  organised  between  March  2012  and  September  2018,  including 

11 

MMTIS National Access PointRTTI National Access PointSRTI National Access PointSSTP National Access PointSSTP EU Access     PointDelegated Regulation 1926/2017Delegated Regulation 962/2015Delegated Regulation 886/2013Delegated Regulation 885/2013Delegated Regulation 885/2013(action ‘a’)(action ‘b’)(action ‘c’) (action ‘e’)(static data - action ‘e’)AustriaBelgiumBulgariaCroatiaCyprusCzech RepublicDenmarkEstoniaFinlandFranceGermanyGreeceHungaryIrelandItalyLatviaLithuaniaLuxembourgMaltaNetherlandsNorwayPolandPortugalRomaniaSlovakiaSloveniaSpainSwedenUnited KingdomCountry name 
 
 
 
 
‘Friends  of  ITS’ meetings which allowed  a more integrated discussion between the 
Commission, the Member States, industry and other stakeholders. 

3. 

EFFICIENCY  AND  APPROPRIATENESS  OF  DIRECTIVE  2010/40/EU  AND  THE 
DELEGATION OF POWER 

3.1. 

Efficiency and appropriateness 

An  extensive  evaluation  of  the  effectiveness,  efficiency,  relevance,  coherence  and 
EU  added  value  of  Directive  2010/40/EU  can  be  found  in  the  Commission  staff 
working  document  on  the  evaluation  of  the  ITS  Directive  that  accompanies  this 
report. 

3.2. 

Exercise of the delegation 

Political endorsement 

The  2014  report  highlighted  the  difference  between  the  opinions  expressed  by 
national  experts  during  the  work  conducted  on  the  eCall  specifications  and  the 
positions  of  the  Member  States  during  the  political  control  by  the  Council. 
Subsequently  adopted  specifications  for  priority  actions  went  more  smoothly  from 
that point of view, with general agreement at Council and Parliament level. This may 
have  facilitated  the  5-year  extension  of  the  power  conferred  on  the  Commission  to 
adopt delegated acts and the dialogue with Member States on the development of the 
the  Delegated  Regulation 
updated  working  programme.  On 
supplementing the ITS Directive with regard to the deployment and operational use 
of C-ITS, adopted by the Commission on 13 March 2019 after extensive and fruitful 
work with Member State experts, has been rejected by the Council in July 2019. 

the  contrary, 

Questioning the scope of the delegation of power 

On  18  December  2013,  a  Member  State  referred  two  delegated  Regulations  (EU) 
No 885/2013  (truck  parking  information  services)  and  (EU)  No 886/2013  (road 
safety-related minimum universal traffic information services) to the General Court 
of the European Union. It asked for these two delegated regulations to be annulled, 
arguing that they exceed the limits of the delegation under Directive 2010/40/EU and 
therefore  infringe  Article  290  of  TFEU,  as  the  delegated  acts  were  introducing 
obligations that must be fulfilled by all Member States, contrary to the aim of the ITS 
Directive. 
The  General  Court  dismissed  this  action  in  October  201540,  stating  that  the 
Commission had not exceeded its power when adopting these delegated acts. It also 
confirmed  the  Commission’s  position  with  regard  to  setting  up  a  supervisory  body 
competent to assess compliance through one of the delegated acts.  

The Member State lodged an appeal against this Judgment, claiming, in essence, that: 

1.  the General Court wrongly held that the contested regulations do not require 
Member States to deploy ITS applications and services in their territory,; 

40 

Judgment of the General Court of 8 October 2015 in Cases T-659/13 and T-660/13, Czech Republic v 
Commission, EU:T:2015:771 

12 

 
 
                                                           
2.  the  General  Court  had  not  correctly  interpreted  the  delegation  of  power  in 
Article 7 of Directive 2010/40/EU as authorising the Commission to require 
the Member States to establish a supervisory body; and 

3.  the General  Court was wrong to  hold  that  the supervisory body was not  an 
essential element of the matter in question and that it could be the subject of 
a delegation of power. 

On 26 July 2017, the European Court of Justice dismissed the appeal as unfounded41, 
thus confirming the Judgment of the General Court and the Commission’s position. 

The Court thus held that setting up the supervisory body is not an ‘essential element’ 
of the matter in question and could therefore be subject of a delegation of power. 

3.3. 

Follow-up of specifications 

As  already  mentioned  in  the  2014  report,  assistance  in  implementing  the 
specifications was provided through the Connecting Europe Facility (projects such as 
I_HeERO, Crocodile 2 or C-Roads and programme support actions such as TN-ITS 
GO42,  DATEX  II,  MMTIS43)  and  Horizon  2020  funding  and  by  a  series  of 
stakeholders initiatives and platforms (EeIP44, TISA45, EU-EIP46, TN-ITS etc). 

In  order  to  structure  the  implementation  of  specifications  in  Member  States,  the 
Commission  organised  also  several  follow-up  expert  meetings47  and  workshops  to 
discuss  implementation  issues  for  all  specifications  (a),  (b),  (c),  (d)  and  (e),  in 
particular issues related to setting up the NAPs. 

As  mentioned  in  Section  2.8.2.,  many  Member  States  worked  together,  on  a 
voluntary  basis  and/or  within  EU-funded  projects,  on  the  different  tools  needed  to 
implement  the  specifications,  in  particular  in  relation  to  quality  requirements, 
metadata, profiling of standards etc. 

This work was necessary to complement the specifications with operational elements 
and was sometimes launched by a small number of Member States, in the absence of 
any  formalised  framework.  The  work  would  certainly  benefit  from  a  better 
coordination,  involving  all  Member  States  and  covering  all  specifications,  to  make 
best use of this work towards a harmonised ITS digital infrastructure. 

4. 

FINANCIAL RESOURCES USED AND NEEDED 

Compared  to  the  2014  report,  there  is  more  information  available  on  the  financial 
resources  used  and  needed,  as  all  priority  actions  have  been  addressed  and  the 
deployment of services and of the NAPs infrastructure has progressed significantly. 
It should be noted that costs related to implementing the specifications are very often 
difficult  to  isolate  from  the  general  costs  of  the  deployment  and  operation  of  ITS 

41 

42 
43 
44 
45 
46 
47 

Judgment  of  the  Court  of  26  July  2017  in  Case  C-696/15  Czech  Republic  v  Commission, 
ECLI:EU:C:2017:595. 
https://tn-its.eu/tn-its-go  
Multimodal Travel Information Services – grants were allocated to 17 Member States 
http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=2481  
http://tisa.org/  
https://eip.its-platform.eu/  
http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=1941  

13 

 
 
                                                           
services and of ITS physical infrastructures themselves, which may prove to be much 
higher. 

Costs  linked  to  the implementation  of  the  ITS  Directive  are  extensively  detailed  in 
the  ‘Support  study  for  the  ex-post  evaluation  of  the  ITS  Directive  2010/40/EU’ 
(Ricardo-TEPR,  July  2018)  and  further  discussed  in  the  Commission  staff  working 
document on the evaluation of the ITS Directive that accompanies this report. 

In  addition  to  the transposition costs borne by the Member States and the costs for 
the Commission and the Member States arising from meetings of the European ITS 
Committee  (25  meetings  by  the  end  of  2018),  the  European  Advisory  Group  (10 
meetings), Member State expert groups (58 meetings to prepare the specifications or 
follow-up meetings) and the C-ITS platform (8 plenary meetings and ~160 working 
group  meetings),  costs  related  to  the  implementation  of  the  Directive  can  be 
summarised as follows: 

-  Creation and operation of NAPs: average creation costs for NAPs, based on the 
input  of  30%  of  Member  States,  range  from  €249,000  for  specifications  (b)  to 
€352,000  for  specifications  (c).  Average  annual  operation  costs  range  from 
€29,000  for  specifications  (c)  to  €46,000  for  specifications  (b).  Regarding 
specifications (a), only 3 Member States provided data, which shows an average 
creation cost of € 195,000 and €22,000 for annual operation cost. These costs are 
only  average  values,  and  the  individual  values  for  each  Member  State  vary 
considerably, depending in particular on the implementation choices the Member 
State  has  made  (re-use  of  existing  access  points,  common  access  points  for 
several  specifications  etc),  on  the  technical  solutions  chosen  (e.g.  data 
warehouse,  marketplace,  repository)  and  whether  or  not  dynamic  data  has  been 
included. 

-  Development  of  standards:  the  Commission  allocated  €2.8  million  for  2011-
2017  to  develop  standards  for  eCall  and  the  two  mandates  M/453  (C-ITS)  and 
M/546 (Urban ITS). Additional funding has been allocated for standards related 
to  specifications  (e.g.  technical  specifications  for  the  exchange  of  spatial  ITS 
data)  and  for  the  profiling  of  standards  through  CEF  projects  or  Programme 
Support Actions. This work on standardisation will continue, in particular under 
the Commission Rolling Plan for ICT standardisation. 

-  Programme Support Actions (PSAs) from the CEF: several CEF PSAs for a 
total  of  €15.5  million  were  launched  to  support  the  implementation  of  the 
specifications.  These  cover  procedures  and  standards  for  the  exchange  of  data 
(TN-ITS  GO for  ITS  spatial  data, DATEX  II  for traffic data, NeTEx for public 
transport, MMTIS) and a security architecture for C-ITS, allowing many Member 
States to develop common implementation tools. 

-  Regarding  eCall,  in  addition  to  previous  pre-deployment  pilot  projects,  €39 
million were invested in two CEF-funded projects (€18,7 million of which were 
EU  funds)  involving  18  Member  States.  These  costs  go  beyond  the  creation  or 
upgrade of the PSAPs infrastructure necessary to receive and handle eCalls, and 
also  include  forward-looking  activities  related  for  example  to  the  extension  to 
cover additional types of vehicles. 

14 

 
 
Additional costs to note are consultancy studies for the Commission (€2.1 million for 
2010-2017), the organisation of events around ITS (€1.6 million for 2010-2017), and 
costs for monitoring and enforcement for the Commission and the Member States. 

As  reported  in  the  ‘Support  study  for  the  ex-post  evaluation  of  the  ITS  Directive 
2010/40/EU’  (Ricardo-TEPR,  July  2018),  investments  in  R&D  (FP7  and  Horizon 
2020)  and  deployment  (TEN-T  and  CEF,  ESIF)  are  much  higher  than  these 
implementation costs, in a ratio of around 100 to 1. As one of the main objectives of 
the  specifications  developed  under  the  ITS  Directive  is  to  facilitate  and  harmonise 
access  to  data  to  be  re-used  to  develop  ITS  services,  costs  related  to  implementing 
the Directive seem to be reasonable, as do those related to the harmonised provision 
of  services  themselves,  e.g.  for  eCall  and  C-ITS.  These  costs-benefits  issues  are 
discussed  in  more  detail  in  the  Commission  staff  working  document  on  the 
evaluation of the ITS Directive that accompanies this report.  

5. 

CONCLUSION 

The  six  priority  actions  of  the  ITS  Directive  have  been  fully  addressed.  New 
activities under the  ITS  Directive have begun, the right  to  adopt  delegated acts  has 
been  extended  in  time  and  the  adoption  on  11  December  2018  of  the  updated 
working  programme  of  the  ITS  Directive  will  guide  future  work  for  the  coming 
years. 

Most Member States are actively implementing the specifications which underpin the 
deployment of ITS services. NAPs have been or are in the process of being deployed, 
with the concomitant development of operational tools supporting the accessibility of 
ITS  data. This  work would  certainly benefit from  better coordination, involving all 
Member States and covering all specifications, to federate all these efforts towards a 
harmonised ITS digital infrastructure across the EU. 

New  ITS  themes  and  challenges  are  emerging,  as  expressed  in  the  Member  States 
reports  on  the  implementation  of  the  Directive,  such  as  connected  and  automated 
mobility and Mobility as a Service  (MaaS). Taking this evolution  into account,  the 
question of the availability of data on the whole road transport network may become 
more  significant,  in  particular  for  key  data  types  corresponding  to  the  rules  for  the 
usage of the physical infrastructure. This issue should be further studied to assess the 
need for further action. 

Taking  also  into  account  the  findings  of  the  evaluation  of  the  ITS  Directive,  a 
possible  future  revision  of  the  ITS  Directive  should  include  all  these  aspects  in  a 
comprehensive approach. 

15