REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service
Date: 2020-08-07
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: European standard, activity report, data processing, delegated regulation, intelligent transport system, motor car, road safety, safety device, safety standard, telephone

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  EN 

   EUROPEAN COMMISSION  Brussels, 7.8.2020  COM(2020) 359 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning  type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
TO THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EU) 2015/758 of the European Parliament and of the Council of 
29 April 2015 concerning type-approval requirements for the deployment of the eCall 
in-vehicle system based on 112 service 

1. 

INTRODUCTION 

Regulation  (EU)  2015/758  of  the  European  Parliament  and  of  the  Council1  establishes  the 
type-approval  requirements  for  the  deployment  of  the  eCall  in-vehicle  system  based  on  the 
112 service. It mandates, from 31 March 2018, all new models of passenger cars and vans to 
be equipped with a system that in case of a severe crash will automatically send information 
and launch a voice call to the nearest national emergency service (the European emergency 
number 112). This will significantly reduce the response time for rescue and will help saving 
human lives. Since the Regulation started to apply two years ago, more than one million new 
motor  vehicles  fitted  with  eCall  were  put  into  service  on  EU  roads  and  this  number  is 
expected to increase fast in the next years. 

For  the  purpose  of  achieving  its  objectives,  Regulation  (EU)  2015/758  of  the  European 
Parliament and of the Council confers on the Commission the power to adopt delegated acts 
in a number of matters listed in Article 8(2) and subject to the conditions laid down in this 
Article, in accordance with Article 290 TFEU. 

2.  LEGAL BASIS 

Article 2(2), Article 5(8) and (9), Article 6(12) of Regulation (EU) 2015/758 of the European 
Parliament  and  of  the  Council  empower  the  Commission  to  adopt  delegated  acts  under  the 
conditions laid down in Article 8.  

Article  8(2)  of  Regulation  (EU)  2015/758  confers  the  power  on  the  Commission  to  adopt 
delegated  acts  concerning  the  matters  listed  therein  for  a  period  of  five  years  from  8  June 
2015. Furthermore, it puts the Commission under the obligation to prepare a report in respect 
of the delegation of power at the latest nine months before the end of the five-year period.  

The delegated powers shall be tacitly extended for a period 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.  

The power to adopt delegated acts 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 

1 OJ L123, 19.5.2015, p. 77. 

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Official Journal of the European Union or at a later date specified therein and shall not affect 
the validity of any delegated acts already in force (Article 8(3) of Regulation (EU) 2015/758). 

Regulation (EU) 2015/758 empowers the Commission to adopt delegated acts concerning the 
following matters:  

a) 

b) 

c) 

d) 

to identify classes of vehicles of categories M1 and N1 which cannot be equipped with 
an  appropriate  eCall  triggering  mechanism  for  technical  reasons  (Article  2(2)  of 
Regulation (EU) 2015/758); 
to  establish  the  detailed  technical  requirements  and  tests  for  the  EC  type-approval  of 
vehicles  in  respect  of  their  112-based  eCall  in-vehicle  systems  and  the  EC  type-
approval  of  112-based  eCall  in-vehicle  systems,  components  and  separate  technical 
units (Article 5(8) of Regulation (EU) 2015/758); 
to update the versions of the standards when a new version is adopted (Article 5(9) of 
Regulation (EU) 2015/758); 
to establish the detailed technical requirements and test procedures for the application 
of the rules on personal data processing and for ensuring that there is no exchange of 
personal  data  between  the  112-based  eCall  in-vehicle  system  and  third  party  systems 
(Article 6(12) of Regulation (EU) 2015/758).  

As  soon  as  the  Commission  adopts  a  delegated  act,  it  shall  notify  it  simultaneously  to  the 
European Parliament and to the Council (Article 8(4) of Regulation (EU) 2015/758.  

Under Article 8(5) of Regulation (EU) 2015/758, a delegated act adopted pursuant to Article 
2(2), Article 5(8) and (9) and Article 6(12) shall enter into force only if no objection has been 
expressed either by the European Parliament or by the Council within a period of two months 
of notification of that act to the European Parliament and the Council or if, before the expiry 
of that period, the European Parliament and the Council have both informed the Commission 
that they will not object. That period shall be extended by two months at the initiative of the 
European Parliament or of the Council. 

3.  EXERCISE OF THE DELEGATION 

3.1.  Delegated act adopted 

In  the  reference  period,  the  Commission  exercised  the  delegated  powers  by  adopting  the 
following act covering all four matters listed in section 2 above: 

Commission Delegated Regulation (EU) 2017/79 establishing detailed technical requirements 
and  test  procedures  for  the  EC  type-approval  of  motor  vehicles  with  respect  to  their  112-
based  eCall  in-vehicles  systems,  of  112-based  eCall  in-vehicle  separate  technical  units  and 
components  and  supplementing  and  amending  Regulation  (EU)  2015/758  of  the  European 
Parliament  and  of  the  Council  with  regard  to  the  exemptions  and  applicable  standards  was 
adopted on 12 September 20162. 

2 OJ L 12, 17.1.2017, p. 44. 

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3.2.  Consultation prior to adoption 

The  Commission  consulted  experts  nominated  by  the  Member  States  and  relevant 
stakeholders  (at  the  Subgroup  on  eCall  of  the  Motor  Vehicle  Working  Group),  via  regular 
dedicated expert meetings and written consultations, in the preparation of the delegated act. 
The  documents  relevant  to  these  consultations  were  transmitted  simultaneously  to  the 
European Parliament and to the Council.  

Extensive  consultations  took  place  with  experts  from  the  office  of  the  European  Data 
Protection  Supervisor  in  the  preparation  of  the  delegated  act.  The  Commission  attended 
meetings of the lead and associated committees in the European Parliament to have a further 
exchange of views on the draft act. The observations presented in these exchanges were taken 
into consideration when preparing the final versions of the delegated act. 

3.3.  No objections to delegated act 

According  to  Article  8(5)  of  Regulation  (EU)  2015/758,  the  European  Parliament  or  the 
Council  may  object  to  a  delegated  act  under  Article  2(2),  Article  5(8)  and  (9)  and  Article 
6(12) within a period of two months from  the date of notification of the act,  extendable by 
another two months at the initiative of the European Parliament or of the Council. 

Neither  the  European  Parliament  nor  the  Council  objected  to  the  delegated  act  mentioned 
under section 3.1. above and the delegated act was therefore published and entered into force 
at the end of the objection period. 

4.  CONCLUSION 

The  Commission  considers  that  it  has  exercised  the  delegated  powers  conferred  upon  it 
within the limits and in respect of the conditions laid down in Article 8 of Regulation (EU) 
2015/758.  The  Commission  sees  the  need  to  extend  the  empowerments  because  further 
delegated  acts  will  be  required  in  the  future,  amongst  others  to  update  the  version  of  the 
standards  referred  to  in  Article  5(8)  of  Regulation  (EU)  2015/758  and  to  adapt  the  test 
procedures laid down in the Annexes to the Commission Delegated Regulation (EU) 2017/79 
to  technology  developments.  With  this  report,  the  Commission  complies with  the  reporting 
requirement under Article 8(2) of Regulation (EU) 2015/1017.  The Commission invites the 
European Parliament and the Council to take note of this Report. 

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