Document hlva1g4z

Topics: eCall
Organisations: ACEA

eCallCars

eCall in-vehicle system

Commission, European Parliament and Council comparative table

ACEA comments and suggestions

Comments and suggestions are based on the Council text, except when indicated otherwise. ++: ACEA supports the text +/-: ACEA supports the spirit but proposes (minor) modification to improve the language --: ACEA cannot support the text

Commission

13/06/2013

European Parliament

26/04/2014

Council

26/05/2014

Comments/alternative proposal

Proposal for a

REGULATION OF THE EUROPEAN

PARLIAMENT AND OF THE

COUNCIL

concerning type-approval requirements

for the deployment of the eCall in-

vehicle system and amending

Directive 2007/46/EC

(Text with EEA relevance)

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 based on the 112 service

and amending Directive 2007/46/EC

(Text with EEA relevance)

1

1

OJ C […], […], p. […].

6 http://ec.europa.eu/enterprise/policies/satnav/galileo/files/galileo-os-sis-icd-issue1-revision1_en.pdf 10OJ L 91, 03.04.2013, p. 1. 11OJ L 91, 03.04.2013, p. 1.

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 Committee1, - Having regard to the opinion of the European Data Protection Supervisor,

2

- Acting in accordance with the ordinary legislative procedure, Whereas:

(1) A comprehensive Union typeapproval system for motor vehicles has been established by Directive 2007/46/ EC of the European Parliament and of the Council of 5 September 2007 on establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)

2.

(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 ervice 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. 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.

(3) In order to further improve road afety, the Communication "eCall: Time for Deployment"

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proposes new

measures to accelerate the deployment of an in-vehicle emergency call service in the Union. One of the suggested measures is to make mandatory the fitting of eCall in-vehicle systems in

(3) In order to further improve road afety, the Commission Communication of 21 August 2009 entitled: ‘eCall: Time for Deployment’ proposes new measures to deploy an in-vehicle emergency call service in the Union. One of the suggested measures is to

(3) In order to further improve road afety, the Communication "eCall: Time for Deployment"4 proposes new measures to accelerate the deployment of an in-vehicle emergency call service in the Union. One of the suggested measures is to make mandatory the

++ ACEA supports the precisions brought by both EP and Council.

Suggestion:

3

2

OJ L 263, 9.10.2007, p.1.

3

COM (2009) 434 final.

all new vehicles starting with M1 and N1 vehicle categories as defined in Annex II to Directive 2007/46/EC.

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.

fitting of eCall in-vehicle systems in all new types of vehicles starting with M1 and N1 vehicle categories as defined in Annex II to Directive 2007/46/EC. __________________

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COM (2009) 434 final.

(3) In order to further improve road afety, the Commission Communication of 21 August 2009 entitled: ‘eCall: Time for Deployment’ proposes new measures to deploy an in-vehicle emergency call ervice in the Union. One of the uggested measures is to make mandatory the fitting of 112-based eCall in-vehicle ystems in all new types of vehicles tarting with M1 and N1 vehicle categories as defined in Annex II to Directive 2007/46/EC.

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

4

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 wiftly and effectively in emergencies.

(5) The Union eCall system is expected to reduce the number of fatalities in the Union as well as the everity of injuries caused by road accidents. The mandatory introduction of the eCall system would make the ervice available to all citizens and thus contribute to reduce human uffering and healthcare and other costs.

(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 alert 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 the

++ ACEA agrees with the EP proposal

4

4

2012/2056(INI).

reduction of fatalities and severe injuries, of costs relating to healthcare, of congestion caused by accidents and of other costs. (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 ensured by this Regulation in order to enable users to have full confidence and the eCall ystem to run smoothly.

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

5.

(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, in particular the systems established under the Galileo and EGNOS programmes as set out in Regulation (EC) No 683/2008 of the European Parliament and of the Council8.

__________________

8 Regulation (EC) No 683/2008 of the

European Parliament and of the Council of 9 July 2008 on the further implementation of the European atellite navigation programmes (EGNOS and Galileo) (OJ L 196, 24.7.2008, p.1.)

-- Galileo Any

atellite

constellation

must

be

certified before it can be used for all terrestrial applications. It is a sine qua non condition. The certification of a constellation implies checking the diffusion of a valid signal (date validity and signal health status) as indicated in ‘European GNSS (Galileo) Open Service - Signal in Space Interface Control Document’ (p.53)6. Both the Commission and EP texts require compatibility with Galileo, which, we understand, means that manufacturers will have to integrate an electronic component able to receive and decode the signals emitted by Galileo. If the constellation is not certified (it is not today) and therefore the validity of the signal is not verified, Galileo cannot be used to calculate the position of the vehicle sending an eCall as it could induce an erroneous positioning of the crashed vehicle.

5

5

OJ L 196, 24.7.2008, p.1.

In short the Proposal does not take into account the need to validate the behaviour of the system (including receivers) in all situations (requiring a complex validating plan in an industrial context). The fact that Galileo partly functions does not mean that it can be declared available and reliable for commercial applications, and the fact that pecifications are available does not mean that the real system will behave as foreseen by the specification. Compatibility can only be required for operational and validated systems.

Suggestion: ‘(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, in particular the operational and validated systems established under the Galileo and EGNOS programmes as set out in Regulation (EC) No 683/2008 of the European Parliament and of the Council8

__________________

8 Regulation (EC) No 683/2008 of the

European Parliament and of the Council of 9 July 2008 on the further

6

implementation of the European atellite navigation programmes (EGNOS and Galileo) (OJ L 196, 24.7.2008, p.1.)’

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

(7) The mandatory equipping of vehicles with the 112-based eCall in-vehicle ystem 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 ystem requirement in the near future to include other vehicle categories, uch as heavy goods vehicles (HGVs), buses and coaches, powered twowheelers (PTW) and agricultural tractors, should be further assessed by the Commission with a view to presenting, if appropriate, a legislative proposal.

(7) The mandatory equipping of vehicles with the eCall in-vehicle ystem 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.

++ ACEA agrees with the Council proposal

(7a) The equipping of vehicles of existing types to be manufactured after October 2015 with the 112-based eCall in-vehicle system should be promoted in order to increase penetration. In respect of types of vehicles typeapproved before 1 October 2015, an eCall system may be retrofitted on a voluntary basis.

-- Existing types ACEA does not support the fitting of an eCall in-vehicle system within existing types of vehicle as proposed here. The eCall system deeply interfere with the vehicle's IT architecture. Some current or older vehicle electronic architectures could hardly support the system and installing an eCall system would entail a very complex process.

Retrofitting This Regulation concerns type-approval. Retrofitting is not part of the typeapproval process and should therefore not

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be handled here.

Suggestion: delete paragraph

(7b) The public interoperable Unionwide eCall service based on the single European emergency call number 112 ("emergency number 112") and private eCall services (third party service upported 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 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.

+/- ACEA can support the spirit of the text proposed by the EP but its language is redundant.

Suggestion: (7b) The public interoperable Unionwide eCall service based on the single European emergency call number 112 ("emergency number 112") and private eCall services (third party service upported eCall systems) can coexist provided that the measures necessary to ensure continuity in the provision of the ervice 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 guarantee that the public 112-based eCall service is always automatically available, all vehicles hould be equipped with the public 112- based eCall service, regardless of, whether or not a vehicle buyer opts for a private eCall service.

(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

8

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. (8) The mandatory equipping of vehicles with the 112-based eCall in-vehicle ystem 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, any additional services should be designed not to 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 ystem 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 ervices should comply with the applicable safety, security and data protection legislation and should always remain optional for consumers.

-- Additional services References made to additional services hould be removed. eCall is a safety ystem and should remain limited to this function. The text at hand deals with type-approval requirements for eCall, not added-value services!

Design ACEA cannot support the design requirement imposed. A legislative proposal is not the place to decide on technical and/or engineering pecifications. Such specifications are upposed to be defined at a later stage. Moreover, no personal data is stored by the eCall system.

Suggestion: "(8) The mandatory equipping of vehicles with the 112-based eCall in-vehicle ystem 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

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building on the 112-based eCall invehicle system. However, any those additional services should be designed not to 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 ystem providing private or added-value ervices 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.”

(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 eCall in-vehicle ystem should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open-access platform for possible future in-vehicle applications or services.

(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 invehicle system should be based on an interoperable, open-access, secured and tandardised platform for possible future in-vehicle applications or ervices. 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 ervices can have access to data stored in the112-based in-vehicle system. Furthermore, the 112-based eCall in-

(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 eCall in-vehicle ystem should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open-access platform for possible future in-vehicle applications or services.

-- RMI ACEA supports the Council proposal, which is in line with current RMI provisions

Open platform Our industry cannot accept that the 112- based eCall in-vehicle system should be based on an open platform, a concept for which there is currently no definition eCall is a safety system, which does not require an ‘open platform’ to function. The concept of open platform raises a number of issues (different safety, liability, data protection challenges, etc.), which need to be addressed before it becomes the basis for any vehicle system.

Moreover the standards and technical requirements of a possible future open-

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vehicle system should be accessible free of charge and without discrimination to all independent operators for repair and maintenance purposes.

platform legislation would change the 112-based eCall system technically and could imply a complete revision of the eCall Regulation. 112-based eCall should remain focused on safety and separated from a possible future open telematic platform. In this respect ISO work on the Vehicle Station Gateway, where AFCAR participates, should be taken into account, tarting with the settled distinction between RMI over the air, remote driver behaviour services (e.g. insurance) and eCall.

A possible open telematic platform hould be discussed separately, as foreseen in the ITS Action Plan.

Suggestion: (based on the Council text) (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 eCall in-vehicle ystem should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open-access platform for possible future in-vehicle applications or services.

(9a) The introduction of any additional in-vehicle application or service should not delay the entry into force and the application of this Regulation.

-- The wording is unclear and inappropriate in any case as the object of this Regulation should be focused on the 112- based eCall in-vehicle system only

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Suggestion: delete paragraph

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

+/-

The test procedures for the purpose of type-approving the eCall in-vehicle ystem have not been devised yet. The term ‘fully’ is not defined and could create confusion Suggestion: delete ‘fully’ “(10) In order to maintain the integrity of the type-approval system, only those eCall in-vehicle systems which can be fully tested should be accepted for the purposes of this Regulation.”

(10a) The 112-based eCall in-vehicle ystem, 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 hould 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 Regulation (EU) No .../....of the European Parliament and of the Council 1a*. Detailed provisions for the testing should be included in the relevant Annex thereof. __________________

1a Regulation (EU) No. .../... of the

European Parliament and of the Council of ... on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L ...).

-- PTI ACEA proposes to specify the PTI requirements in this text.

Voice quality ACEA cannot support the request to guarantee the quality of the voice transmission as it is not only dependent on the vehicle, but also on other parties uch as PSAP and MNO. In addition, there is no available or relevant technical framework for the verification of the voice quality.

Suggestion: ‘(10a) The 112-based eCall in-vehicle ystem, 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

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*

OJ: Please insert the number of the

Regulation contained in doc. 2012/0184(COD) and complete the footnote with its number, date and publication reference.

ensured, and a uniform testing regime hould 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 Regulation (EU) No .../....of the European Parliament and of the Council

1a*

. Detailed provisions for the

testing should be included in the relevant Annex thereof. as for safety relevant electronic system. The 112- based eCall in-vehicle system should be tested independently of available networks or similar (no try-out call). This can be done by visual inspection (warning lamp/text y/n) or via vehicle interface (only fitment/status, no reading/interpretation of DTCs nor ystem activation) following a power-on’

(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 mall series vehicles should be excluded from the obligation to comply with the eCall requirements.

(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 eries vehicles should be excluded from the obligation to comply with the eCall requirements set out in this Regulation.

(11) Small series vehicles and vehicles approved pursuant to Article 24 of Directive 2007/46/EC 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 eries vehicles should be excluded from the obligation to comply with the eCall requirements. Moreover, some M1 and N1 vehicles cannot be equipped with an appropriate eCall triggering mechanism.

+/- Exemptions ACEA supports the Council proposal, which is the clearest. Our industry would however welcome an additional exemption, namely for special purpose vehicles. Although such vehicles may be equipped with an appropriate triggering mechanism, fitting eCall in such vehicles could go against their very purpose. In the case of an armoured vehicle, the triggering of eCall would allow the localisation of the vehicle after an accident, when it might be more vulnerable and access to the persons/ goods it transports and protects facilitated.

13

Suggestion: (11) Small series vehicles, and vehicles approved pursuant to Article 24 of Directive 2007/46/EC and special purpose vehicles (including armoured 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 hould be excluded from the obligation to comply with the eCall requirements. Moreover, some M1 and N1 vehicles cannot be equipped with an appropriate eCall triggering mechanism.

(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.

deleted

(12) Special purpose vehicles should be subject to compliance with the eCall requirements set out in this Regulation, where the base/incomplete vehicle is equipped with the necessary triggering mechanism unless typeapproval authorities consider, on a case by case basis, that the vehicle cannot meet those requirements due to its pecial purpose.

ACEA would suggest to deal with special purpose vehicles in recital 11 (see above) and therefore supports the deletion proposed by the EP.

(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

7,

any

processing of personal data through the eCall in-vehicle system should comply with the personal data protection rules provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on

(13) Directive 95/46/EC of the European Parliament and of the Council10, Directive 2002/58/EC of the European Parliament and of the Council11and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union11a govern the processing of personal data carried out in the context of this Regulation. Any processing of data through the 112-based eCall invehicle system should therefore be carried out in accordance with these Directives and under the supervision of the Member States' competent

(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 20067 a Any processing of personal data through the eCall in-vehicle system should comply with the personal data protection rules provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on

++ ACEA agrees with the Council proposal

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7

1609/06/EN – WP 125.

the free movement of such data

8

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)

9,

in particular to

guarantee that vehicles equipped with eCall in-vehicle systems, in their normal operational status related to 112 eCall, are not traceable and are not ubject to any constant tracking and that the minimum set of data sent by the in-vehicle eCall system includes the minimum information required for the appropriate handling of emergency calls.

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 invehicle 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 invehicle eCall system includes only the minimum information required for the handling of emergency calls by PSAPs, and that no personal data is stored after that. Given the consent of the data ubject 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.

__________________

10 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).

11 Directive 2002/58/EC of the

European Parliament and of the

the free movement of such data8 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)9 in particular to guarantee that vehicles equipped with eCall in-vehicle systems, in their normal operational status related to 112 eCall, are not traceable and are not ubject to any constant tracking and that the minimum set of data sent by the in-vehicle eCall system includes the minimum information required for the appropriate handling of emergency calls. This is in line with 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 200610, __________________

7 1609/06/EN – WP 125. 8 OJ L 281, 23.11.1995, p. 31. 9 OJ L 201, 31.7.2002, p. 37. 10 1609/06/EN – WP 125.

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8

OJ L 281, 23.11.1995, p. 31.

9

OJ L 201, 31.7.2002, p. 37.

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).

11 a OJ C 303, 14.12.2007, p. 1.

(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

1

.

1 1609/06/EN -WP 125.

(13a) Manufacturers should implement all the necessary measures in order to comply with the rules on privacy and data protection set out in this Regulation.

-- EP recital (13a) is redundant as it is already included in the Council proposal for recital (13)

Suggestion: delete

++ ACEA agrees with Council recital (13a).

(13b) When complying with technical requirements, vehicle manufacturers hould integrate technical forms of data protection into in-vehicle systems and should comply with the principle of ‘privacy by design’.

-- EP’s recital (13b) is more detailed than Council’s 13(a). All vehicle manufacturers have to comply with the current data protection framework of the country in which the vehicle will be sold.

Suggestion: delete

(14) The European Standardisation Organisations, ETSI and CEN, have developed common standards for the deployment of a pan-European eCall ervice, which should apply for the purposes of this Regulation, as this will facilitate the technological

16

evolution of the in-vehicle eCall ervice, ensure the interoperability and continuity of the service throughout the Union, and reduce the costs of implementation for the Union as a whole.

(15) In order to ensure the application of common technical requirements regarding the eCall in-vehicle system, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union hould be delegated to the Commission in respect of the detailed rules on the application of the relevant tandards, on testing, on personal data and privacy protection and on exemptions for certain vehicles or classes of vehicles of categories M1 and N1. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(15) In order to ensure the application of common technical requirements regarding the 112-based eCall in-vehicle ystem, 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

(15) In order to ensure the application of common technical requirements regarding the eCall in-vehicle system, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union hould be delegated to the Commission in respect of the exemption of certain vehicles or classes of vehicles of categories M1 and N1 from the obligation to install eCall in-vehicle ystems and the establishment of detailed technical requirements and tests for the EC type-approval of vehicles in respect to their eCall invehicle systems and the EC typeapproval of systems, components and eparate technical units designed and constructed for such vehicles. rules on the application of the relevant tandards, on testing, on personal data and privacy protection and on exemptions for certain vehicles or classes of vehicles of categories M1 and N1. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

+/- ACEA supports the Council proposal but with the additional precision ‘112-based’ adopted by the EP

Suggestion: "(15) In order to ensure the application of common technical requirements regarding the 112-based eCall in-vehicle ystem, 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 exemption of certain vehicles or classes of vehicles of categories M1 and N1 from the obligation to install eCall in-vehicle ystems and the establishment of detailed technical requirements and tests for the EC type-approval of vehicles in respect to their eCall in-vehicle systems and the EC type-approval of systems, components and separate technical units designed and constructed for such vehicles. rules on the application of the relevant standards, on testing, on personal data and privacy protection and on exemptions for certain vehicles or classes of vehicles of categories M1 and N1. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The

17

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."

(15a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers relating to the establishment of detailed rules on privacy protection, the procedure for the EC typeapproval, the numbering system of the type-approval certificates, the template for the information documents, the template of the EC type-approval certificates and the model for the EC type-approval mark, hould be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers11. __________________

11

OJ L 55, 28.2.2011, p. 13.

Vehicle manufacturers have to comply with the privacy protection rules in force in the country in which the vehicle is old. Compliance is verified in practice by providing the accredited technical centres, which approve the vehicle, with the relevant technical document. An intrusion test – requiring special equipment to access the eCall in-vehicle ystem – can also be performed by the technical if necessary. As a result, ACEA proposes to delete the wording "the establishment of detailed rules on privacy protection".

Suggestion "(15a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers relating to the establishment of detailed rules on privacy protection, the procedure for the EC type-approval, the numbering system of the type-approval certificates, the template for the information documents, the template of the EC type-approval certificates and the model for the EC type-approval mark, hould be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for

18

control by Member States of the Commission’s exercise of implementing powers11. __________________

11

OJ L 55, 28.2.2011, p. 13."

(16) Vehicle manufacturers should be allowed sufficient time to adapt to the technical requirements of this Regulation.

(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.

++ ACEA agrees with the EP proposal

(17) This Regulation is a new separate

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

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

++ ACEA agrees with the Council proposal

19

(18)

Since the objectives of this

Regulation, namely the achievement of the internal market through the introduction of common technical requirements for new type approved vehicles equipped with the eCall in vehicle system, cannot be sufficiently achieved by the Member States and can, therefore, by reason of its scale, be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of ubsidiarity set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

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

Article 1

Subject matter

This Regulation establishes the technical general requirements for the EC type-approval of vehicles in respect of the eCall in-vehicle systems, components and separate technical units regarding the eCall in-vehicle ystem.

++ ACEA agrees with the Council proposal

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.

Article 2

Scope

1. This Regulation shall apply to vehicles of categories M1 and N1 as defined in points 1.1.1. and 1.2.1. of Part A of Annex II to Directive 2007/46/EC and to eCall in-vehicle ystems, components and separate technical units designed and

++ ACEA agrees with the Council proposal

20

constructed for such vehicles.

1a. This Regulation shall not apply to mall series vehicles.

It shall not apply to the following vehicles: (a) vehicles produced in small series approved pursuant to Articles 22 and 23 of Directive 2007/46/EC; (b) vehicles approved pursuant to Article 24 of Directive 2007/46/EC; (c) vehicles which cannot for technical reasons be equipped with an appropriate eCall triggering mechanism, as determined in accordance with paragraph 2.

+/- Exemptions In line with the comments made to recital 11 (see above), ACEA would welcome the addition of special purpose vehicles to the proposed exemption from the cope of this regulation

Suggestion: it shall not apply to the following vehicles: (a) vehicles produced in small series approved pursuant to Articles 22 and 23 of Directive 2007/46/EC; (b) vehicles approved pursuant to Article 24 of Directive 2007/46/EC; (ba) new special purpose vehicles according to Annex XI, Directive 2007/46/EC; (c) vehicles which cannot for technical reasons be equipped with an appropriate eCall triggering mechanism, as determined in accordance with paragraph 2.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 9 to identify vehicles or classes of vehicles of categories M1 and N1 which for technical reasons cannot be equipped with an appropriate eCall triggering mechanism, on the basis of a cost/ benefit analysis carried out or mandated by the Commission and

++ ACEA agrees with the Council proposal

21

taking into account all relevant safety and technical aspects. These delegated acts shall be adopted by [12 months after the date of entry into force].

22

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 305/201310, the following definitions hall apply:

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, the following definitions shall apply:

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 305/201311, the following definitions hall apply:

++ ACEA agrees with the Council proposal

(-3) ‘eCall’ means an in-vehicle emergency call to 112, made either automatically by means of the activation of in-vehicle sensors or manually, which carries a minimum et of data and establishes an audio channel between the vehicle and the eCall PSAP via public mobile wireless communications networks;

++ ACEA agrees with the Council proposal

(-2) ‘public safety answering point’ (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;

++ ACEA agrees with the Council proposal

(-1) ‘most appropriate PSAP’ means a PSAP defined beforehand by the authorities to cover emergency calls from a certain area or for emergency calls of a certain type;

++ ACEA agrees with the Council proposal

(0) ‘eCall PSAP’ means a most appropriate PSAP defined beforehand by the authorities to first receive and handle eCalls;

++ ACEA agrees with the Council proposal

1.

‘e-Call in-vehicle system’ means a ystem activated either automatically via in-vehicle ensors or manually, which carries, by means of mobile wireless communications networks, a tandardised minimum set of data and establishes a 112-based audio

(1) '112-based eCall in-vehicle system' means 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 ensors or manually, which emits ignals by means of a public mobile

(1) ‘e-Call in-vehicle system’ means a ystem activated either automatically via in-vehicle sensors or manually, which carries, by means of public mobile wireless communications networks, a standardised minimum set of data and establishes a 112-based

+/- ACEA supports the Council proposal with the addition of ‘112-based’ as proposed by the EP for further clarity.

23

channel between the occupants of the vehicle and a public safety answering point;

wireless communications networks, to enable the transmission of a tandardised minimum set of data and the establishment of a 112-based audio channel between the occupants of the vehicle and the appropriate public afety answering point; (Horizontal amendment: if adopted, the references to "eCall in-vehicle system" will be replaced with "112-based eCall in-vehicle system" throughout the text)

audio channel between the occupants of the vehicle and an eCall PSAP public safety answering point;

Suggestion: (1) ‘112-based e-Call in-vehicle system’ means a system activated either automatically via in-vehicle sensors or manually, which carries, by means of public mobile wireless communications networks, a standardised minimum set of data and establishes a 112-based audio channel between the occupants of the vehicle and an eCall PSAP public safety answering point;

2.

‘in-vehicle system’ means the invehicle 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.

deleted

(2) ‘in-vehicle system’ means the invehicle 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 ervice via a public mobile wireless communications network.

++ ACEA agrees with the EP and Council proposal

(2a) 'eCall' means an in-vehicle emergency call to 112, made via the 112-based eCall in-vehicle system;

(2a) ‘in-vehicle equipment’ means equipment within the vehicle that provides or has access to the invehicle data required to perform the eCall transaction via a public mobile wireless communications network;

+/- Agree with Council proposal with the additional wording "112-based".

Suggestion ‘(2a) ‘in-vehicle equipment’ means equipment within the vehicle that provides or has access to the in-vehicle data required to perform the 112-based eCall transaction via a public mobile wireless communications network;’

(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

(2b) ‘eCall transaction’ means the establishment of a mobile wireless communications session across a public wireless communications network and the transmission of a minimum set of data from a vehicle to

-- EP’s paragraph (2b) is unnecessary as it is covered by Council’s paragraph (-2).

24

State concerned;

an eCall PSAP and the establishment of an audio channel between the vehicle and the same eCall PSAP;

++ ACEA agrees with Council’s paragraph (2b)

(2c) 'minimum set of data' or '(MSD' means the information defined by the tandard 'Road transport and traffic telematics — eSafety — eCall minimum set of data (MSD)' (EN 15722) which is sent to the eCall PSAP;

(2c) ‘minimum set of data’ (MSD) means the information defined by the tandard ‘Intelligent transport ystems — eSafety — eCall minimum et of data (MSD)’ (EN 15722:2011) which is sent to the eCall PSAP;

++ ACEA agrees with the Council proposal; the Council text is preferred to that of the EP as it specifies the standard date

(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;

(2d) ‘public mobile wireless communications network’ means mobile wireless communications network available to the public in accordance with Directive 2002/21/ EC13 and with Directive 2002/22/EC14 of the European Parliament and of the Council; __________________

13

OJ L 108, 24.4.2002, p. 33.

14 OJ L 108, 24.4.2002, p. 51.

-- EP’s paragraph (2d) is unnecessary as it is covered by Council’s paragraph (2a)

Council’s paragraph (2a) is preferred as it respects the principle of technological neutrality

(2e) 'public mobile wireless communications network' means mobile wireless communications network available to the public in accordance with Directives 2002/21/ EC1a and 2002/22/EC1b of the European Parliament and of the Council; __________________

1a

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).

1b Directive 2002/22/EC of the

(2e) ‘Third party services15 supported eCall’ (TPS eCall) means an invehicle emergency call to a third party ervice provider (TPSP), made either automatically by means of the activation of in-vehicle sensors or manually, which carries, by means of public mobile wireless communications networks, minimum et of data (MSD) and establishes an audio channel between the vehicle and the TPSP;

++ ACEA agrees with the Council proposal

25

European Parliament and of the Council of 7 March 2002 on universal ervice and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, p. 51).

(2f) ‘Third party service provider’ (TPSP) means an organisation recognised by national authorities as being allowed to receive a TPS eCall and to forward the minimum set of data (MSD) to the eCall PSAP;

++ ACEA agrees with the Council proposal

(2g) ‘Third party services eCall invehicle system’ means a system activated either automatically via invehicle sensors or manually, which carries, by means of public mobile wireless communications networks, the minimum set of data (MSD) and establishes a audio channel between the vehicle and the TPSP.

++ ACEA agrees with the Council proposal

Article 4

General obligations of the

Manufacturers

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

Article 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 ystem, in accordance with this Regulation and the delegated acts adopted pursuant to this Regulation.

Article 4

General obligations of the

Manufacturers

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

+/- ACEA supports the Council proposal with the addition of ‘112-based’ as proposed by the EP

Suggestion: ‘Manufacturers shall demonstrate that all new types of vehicles referred to in Article 2 are equipped with an 112-based eCall in-vehicle system, in accordance with this Regulation and the delegated acts adopted pursuant to this Regulation.’

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 et out in this Regulation and the

1. Manufacturers shall ensure that all their new types of vehicle and eCall in-vehicle systems, components and eparate technical units designed and

++ ACEA agrees with the Council proposal

26

delegated acts adopted pursuant to this Regulation.

constructed for such vehicles 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 types of vehicle are constructed to ensure that in the event of a severe accident which occurs in the territory of the Union, an eCall to the single European emergency number 112 is triggered automatically.

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

2. Manufacturers shall demonstrate that new vehicle types are constructed 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 emergency number 112 is triggered automatically.

Manufacturers shall demonstrate that new vehicle types are constructed in uch a way as to ensure that an eCall to the emergency number 112 can also be triggered manually.

2. Manufacturers shall demonstrate that all their new types of vehicle are constructed to ensure that in the event of a severe accident, detected by activation of one or more sensors 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. Manufacturers shall demonstrate that new types of vehicles are constructed as to ensure that an eCall to the single European emergency number 112 can also be triggered manually. Manufacturers shall ensure that the manual trigger control of eCall is designed to avoid mishandling.

--

Mishandling Manufacturers can design the trigger mechanism is such a way as to prevent unintended activation but design cannot prevent mishandling if a person deliberately sets to use the trigger wrongly. Suggestion: 2. Manufacturers shall demonstrate that all their new types of vehicle are constructed to ensure that in the event of a severe accident, detected by activation of one or more sensors or processors within the vehicle, which occurs in the territory of the Union, an eCall to the ingle European emergency number 112 is triggered automatically. Manufacturers shall demonstrate that new types of vehicles are constructed as to ensure that an eCall to the single European emergency number 112 can also be triggered manually. Manufacturers shall ensure that the manual trigger control of eCall is designed to avoid mishandling.

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 imilar service, in addition to the 112- based eCall in-vehicle system. In that case, that other emergency call system hall be compliant with the standard EN 16102 'Intelligent transport systems

2a. Paragraph 2 is without prejudice to the right of the vehicle owner to use a TPS eCall in-vehicle system providing a similar service, in addition to the 112-based eCall invehicle system, provided that all the following conditions are met : (a) the TPS eCall in-vehicle system

-- Cancellation policy The Council’s proposal in paragraph (c) – in particular the wording ‘at any time’ – is misleading. While the owner of the vehicle is indeed free to cancel a private ystem he might have opted for

27

– eCall – Operating requirements for third party support', and manufacturers shall ensure that there is only one system active at a time and that 112-based eCall in-vehicle system is triggered automatically in the event that the other emergency call system does not function.

hall comply with the standard EN 16102:2011 'Intelligent transport ystems – eCall – Operating requirements for third party support'; (b) manufacturers shall ensure that there is only one system active at a time and that the 112-based eCall invehicle system is triggered automatically in the event that the TPS eCall in-vehicle call system does not function; (c) manufacturers shall include in the owner’s manual that the owner may at any time choose to use the 112- based eCall in-vehicle system instead of a TPS in-vehicle system.

previously, such decision is subject to tandard commercial contract conditions.

Suggestion: (c) manufacturers shall include in the owner’s manual that the owner may at any time choose to use the 112-based eCall in-vehicle system instead of a TPS in-vehicle system.

Alternative: (c) manufacturers shall include in the owner’s manual that the owner may at any time choose to use the 112-based eCall in-vehicle system instead of a TPS in-vehicle system.

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

3. Manufacturers shall ensure that the receivers in the 112-based eCall invehicle systems are compatible with the positioning services provided by atellite navigation systems, in particular the Galileo and the EGNOS ystems.

3. Manufacturers shall ensure that the receivers in the eCall in-vehicle ystems are compatible with the positioning services provided by atellite navigation systems including the Galileo and the EGNOS systems. Manufacturers may also choose, in addition, compatibility with other atellite navigation systems.

-- Galileo The compatibility with a satellite navigation system should not be required before the system is fully operational and validated as requesting compatibility before that will raise a number of issues (see comments above on recital 6)

Suggestion: (based on the Council proposal) “3. Manufacturers shall ensure that the receivers in the 112-based eCall invehicle systems are compatible with the operational and validated positioning ervices in particular provided by atellite navigation systems including the

28

Galileo and the EGNOS systems. Manufacturers may also choose, in addition, compatibility with other atellite navigation systems.”

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

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

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

+/- Suggestion: "4. Only those 112-based eCall in-vehicle ystems which can be tested shall be accepted for the purposes of EC typeapproval."

5. eCall in-vehicle systems shall comply with the requirements of Directive 1999/5/EC

12

and UNECE

Regulation No 10

13.

5. eCall in-vehicle systems shall comply with the requirements of Directive 1999/5/EC17 and UNECE Regulation No 1018.

++ ACEA agrees with Council proposal because the vehicle manufacturer has in any case to respect the UNECE Regulation No. 10 and also the R&TTE Directive in case of an introduction of component using a frequency band

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 shall be given to the occupants of the vehicle.

5a. Manufacturers shall demonstrate that, in the event of a critical system failure which would result in an inability to execute a 112-based eCall or a TPS eCall, a warning shall be given to the occupants of the vehicle.

++ ACEA agrees with the Council proposal

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

6. The 112-based eCall in-vehicle ystem shall be accessible to all independent operators free of charge and without discrimination for repair and maintenance purposes.

6. The eCall in-vehicle system and the TPS eCall in-vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes in accordance with the Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance

++ RMI ACEA supports the Council proposal as it correctly refers to Regulation (EC) No 715/2007, which regulates adequately access to vehicle repair and maintenance information.

It is worth noting that this piece of legislation concerns primarily the 112- based eCall in vehicle system. The

29

12

OJ L 91, 7.4.1999, p.10.

13

OJ L 254, 20.9.2012, p.1.

information19. __________________

19

OJ L 171, 29.6.2007, p. 1.

reference to TPS systems is unnecessary, especially as the latter would be covered by RMI provisions anyway.

Suggestion: "6. The 112-based eCall in-vehicle ystem and the TPS eCall in-vehicle ystem shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes in accordance with the Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information19. __________________

19

OJ L 171, 29.6.2007, p. 1."

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

The technical requirements and tests referred to in the first subparagraph hall be based on the requirements set out in paragraphs 3, 4 and 6 and on the

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 invehicle systems.

7. The Commission shall be empowered to adopt delegated acts in accordance with Article 9 establishing the detailed technical requirements and tests for the EC type-approval of vehicles in respect to their eCall invehicle systems and the EC typeapproval of eCall systems, components and separate technical units amending Directive 2007/46/EC accordingly.

The technical requirements and tests referred to in the first subparagraph hall be based on the requirements set out in paragraphs 2, 2a, 3, 4, 5a and 6

+/- ACEA supports the Council proposal, completed by the EP’s reference to 112

Suggestion: 7. The Commission shall be empowered to adopt delegated acts in accordance with Article 9 establishing the detailed technical requirements and tests for the EC type-approval of vehicles in respect to their 112-based eCall in-vehicle ystems and the EC type-approval of 112-based eCall systems, components and separate technical units amending Directive 2007/46/EC accordingly.

30

following standards, where applicable:

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 standards relating to eCall and, UNECE Regulations, where applicable, including:

and on the following standards, where applicable:

The technical requirements and tests referred to in the first subparagraph shall be based on the requirements set out in paragraphs 2, 2a, 3, 4, 5a and 6 and on the following standards, where applicable:

(-a) EN 15722:2011 ‘Intelligent transport systems - eSafety - eCall minimum set of data’;

++ ACEA agrees with the Council proposal and welcomes the reference to the year to increase clarity

(a)

EN 16072 ‘Intelligent transport ystem-ESafety-PanEuropean eCall-Operating requirements’;

(a) EN 16072:2011 ‘Intelligent transport system-ESafety-PanEuropean eCall-Operating requirements’;

++ ACEA agrees with the Council proposal and welcomes the reference to the year to increase clarity

(b)

EN 16062 ‘Intelligent transport ystems-ESafety-ECall high level application requirements (HLAP)’;

(b) EN 16062:2011 ‘Intelligent transport systems-ESafety-ECall high level application requirements (HLAP)’;

++ ACEA agrees with the Council proposal and welcomes the reference to the year to increase clarity

(c)

EN 16454 ‘Intelligent transport ystems - eSafety - eCall end to end conformance testing’, as regards the eCall in-vehicle ystem conformance to the pan- European eCall;

(c) EN 16454:2013 ‘Intelligent transport systems - eSafety - eCall end to end conformance testing’, as regards the eCall in-vehicle system conformance to the pan-European eCall;

++ ACEA agrees with the Council proposal and welcomes the reference to the year to increase clarity

(ca) EN 15722 'Intelligent transport ystems - eSafety - eCall minimum set of data (MSD)';

(ca) EN 16102:2011 ‘Intelligent transport systems - eCall - Operating requirements for third party support’;

++ ACEA agrees with the Council proposal and welcomes the reference to the year to increase clarity

(d)

any additional European tandards or UNECE Regulations relating to eCall ystems.

deleted

(d) any additional European standards relating to the eCall system adopted in conformity with the procedures laid down in Regulation (EU) No 1025/2012 or UNECE Regulations

-- Standards ACEA cannot accept the Council proposal but support the deletion

31

relating to eCall systems binding upon the Union .

proposed by the EP:

Reference to “any” additional tandards creates uncertainty about the specifications according to which manufacturers will have to develop and test the eCall systems. If the tandard, including a specific version reference, is not known at the moment of adoption of this legislative act it hould not be required. For any new standards subsequently added, industry should be given ufficient time to review and comment on such standards before they are adopted or referenced in the eCall Regulation.

These delegated acts shall be adopted by [12 months after the entry into force].

++ ACEA agrees with the Council proposal

8. The Commission shall be empowered to adopt delegated acts in accordance with Article 9 to update the versions of the standards referred to in paragraph 7 when a new version is adopted.

++ ACEA agrees with the Council proposal

Article 6

Rules on privacy and data protection

-1a. This Regulation is without prejudice to Directive 95/46/EC and to Directive 2002/58/EC of the European Parliament and of the Council14a. Any processing of personal data through the 112-based eCall in-vehicle system hall comply with the personal data protection rules provided for in those Directives.

-1. This Regulation is without prejudice to Directives 95/46/EC and 2002/58/EC. Any processing of personal data through the eCall invehicle system shall comply with the personal data protection rules provided for in those Directives.

+/- Suggestion: "-1. 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 hall comply with the personal data protection rules provided for in those

32

_____________

14a

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).

Directives."

1

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

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

Manufacturers shall ensure that vehicles equipped with 112-based eCall invehicle system are not traceable and are not subject to any constant tracking in their pre-emergency operational status related to the eCall.

Privacy enhancing technologies shall be

1. In accordance with Directive 95/46/EC and Directive 2002/58/ EC, m Manufacturers shall ensure that vehicles equipped with the eCall in-vehicle system are is not traceable and are is not subject to any constant tracking in their normal operational status related to the eCall before the eCall is triggered. In the internal memory of the eCall in-vehicle system, retention of previous locations of the vehicle is permitted, but that data must be continuously removed to ensure that only data trictly necessary to specify the current location and the direction of travel are retained. This data must not be available outside the in-vehicle system to any entities before the eCall is triggered. Privacy enhancing technologies hall be embedded in the in-vehicle eCall system in order to provide eCall users with the desired appropriate level of privacy protection, as well as the necessary afeguards to prevent surveillance and misuse.

+/- ACEA supports the Council proposal completed with the reference to 112

Suggestion:

“1. In accordance with Directive 95/46/EC and Directive 2002/58/EC, m Manufacturers shall ensure that vehicles equipped with the 112-based eCall in-vehicle system are is not traceable and are is not subject to any constant tracking in their normal operational status related to the eCall before the eCall is triggered. In the internal memory of the 112-based eCall in-vehicle system, retention of previous locations of the vehicle is permitted, but that data must be continuously removed to ensure that only data strictly necessary to specify the current location and the direction of travel are retained. This data must not be available outside the in-vehicle system to any entities before the eCall is triggered. Privacy enhancing technologies shall be embedded in the 112-based in-

33

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

vehicle eCall system in order to provide eCall users with the desired appropriate level of privacy protection, as well as the necessary afeguards to prevent surveillance and misuse.”

2.

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

2. The MSD sent by the 112-based eCall in-vehicle system shall as a maximum consist of the 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.

2. The minimum set of data sent by the eCall in-vehicle system shall include only the minimum information required for the appropriate handling of emergency calls as referred to in the standard EN 15722:2011 "Intelligent transport systems - eSafety - eCall minimum set of data (MSD)".

+/- Suggestion: “2. The minimum set of data sent by the 112-based eCall in-vehicle system shall include only the minimum information required for the appropriate handling of emergency calls as referred to in the tandard EN 15722:2011 "Intelligent transport systems - eSafety - eCall minimum set of data (MSD)".”

2a. The personal data included in the eCall in-vehicle system shall not be retained longer than necessary for their transmission to the appropriate PSAP. Data submitted shall only be used for the purpose for which they were submitted. They shall be deleted as soon as they are no longer necessary for the purpose for which they were collected.

+/- Data retention While ACEA understands the concern around data retention and the efforts made to protect personal data, it is important to note that anonymised road accident data is an essential tool for advanced accident research and to improve real-world vehicle passive afety. Forbidding the use of data for purposes other than the one for which they were collected deprives researchers and engineers from valuable input (in an anonymised form).

Suggestion:

“2a.

The personal data included in the

34

112-based eCall in-vehicle system shall not be retained longer than necessary for their transmission to the appropriate PSAP. Data submitted shall only be used for the purpose for which they were ubmitted. They shall be deleted as soon as they are no longer necessary for the purpose for which they were collected.”

3. Manufacturers shall ensure that

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

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 112, and the processing of data carried out through the 112-based eCall in-vehicle system, in particular about:

3. Manufacturers shall ensure that eCall users are provided in the owner's manual with clear and comprehensive information about the processing of data carried out through the eCall invehicle system, in particular about:

+/- Suggestion: "3. Manufacturers shall ensure that eCall users are provided in the owner's manual with clear and comprehensive information about the processing of data carried out through the 112-based eCall in-vehicle system, in particular about:”

(a)

the reference to the legal basis for the processing;

(b)

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

(c)

the modalities of data processing that the eCall invehicle system performs;

(d)

the purpose of the eCall processing;

(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);

-- ACEA prefers the Commission’s original text. The changes proposed by the EP could hinder accident research

(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 in-vehicle system;

(f) the time limit for the retention of data in the 112-based eCall in-vehicle ystem;

(f) the time limit for the retention of data in the eCall in-vehicle system;

+/- Suggestion: "(f) the time limit for the retention of data in the 112-based eCall in-vehicle ystem;”

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(g)

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

(g) the fact that there is no 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;

(g) the fact that there is no constant tracking of the vehicle before the eCall is triggered;

+/- The Council proposal is sufficient. The point made by the EP is already covered by the Council proposal for article 6 paragraph 1

Suggestion: "(g) the fact that there is no constant tracking of the vehicle before the 112- based eCall is triggered;”

(h)

the modalities for exercising data subjects' rights;

(h) the modalities for exercising data ubjects' rights as well as the contact ervice responsible for handling access requests;

Agree with Council proposal

(ha) the fact that data gathered by the PSAPs through the 112-based eCall invehicle system must not be transferred to third parties without active prior consent from the data subject;

Agree with EP proposal

(i)

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

(i) any necessary additional information regarding 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.

(i) any necessary additional information regarding the processing of personal data in relation to the provision of a private TPS eCall ervice and/or other added value ervices.

-- Added-value services ACEA agrees with most of the Council proposal but cannot support the reference to added-value services. eCall is a safety system and should remain limited to this function. The text at hand deals with type-approval requirements for eCall, not added-value ervices!

Suggestion: "(i) any necessary additional information regarding the processing of personal data in relation to the provision of a private TPS eCall service and/or other added value services."

36

3a. Manufacturers shall provide the information set out in paragraph 3 as part of the technical documentation handed over together with vehicle.

-- EP proposal is not necessary as it is already adequately covered by the Council proposal for paragraph 3, which is more precise

Suggestion: delete

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 hall be provided to the user separately for the 112-based eCall in-vehicle ystem and other eCall Systems prior to the use of the system.

-- EP proposal is not necessary as it is already adequately covered by Council proposal for paragraph 3

Suggestion: delete

3c. Manufactures shall ensure that the 112-based eCall in-vehicle system and another installed emergency call ystem and a system providing addedvalue 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 ervice or the refusal of the data ubject 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.

-- Additional services: References made to additional services should be removed. eCall is a safety system and should remain limited to this function. The legislative proposal is about typeapproval requirements for a safety ystem, not added-value services

Data subject: It is difficult to see how the ‘data subject’ can be consulted if he/ he is not the person who purchased the vehicle. If needed reference should be made to the buyer of the vehicle (the only person the manufacturer will have a contact with).

Suggestion: “3c. Manufactures shall ensure that the 112-based eCall in-vehicle system and another installed emergency call system

37

and a system providing added-value ervices are designed in such a way that no exchange of personal data between them is possible without consent or a contract. 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 or to sign a contract for such purpose shall not create any adverse effects on the use of the 112- based eCall in-vehicle system and/or the eCall user.”

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

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 9, 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 personal data processing and of the user information referred to in paragraph 3.

4. The Commission shall be empowered to adopt delegated implementing acts in accordance with Article 9 which shall define in detail further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 as well as the modalities of the private personal data processing and of the user information referred to in paragraph 3. These acts hall be adopted in accordance with the examination procedure referred to in Article 9b(2). They shall be adopted by [12 months after the entry into force]. Where possible, the Commission shall provide in the implementing acts a tandard text to be used by the manufacturers as regards the information they have to provide in accordance with paragraph 3.

++ ACEA agrees with the Council proposal but underlines the necessity to avoid red tape in the provisions foreseen in the 3rd ubparagraph

Article 7

Obligations of the Member States

With effect from 1 October 2015, national authorities shall only grant EC

Article 7

Obligations of the Member States

With effect from …*, national authorities shall only grant EC type-

Article 7

Obligations of the Member States

With effect from 1 October 2015 [36 months after the entry into force],

+/- Lead-time ACEA strongly supports the Council

38

type-approval in respect of the eCall in-vehicle system to new types of vehicles which comply with this Regulation and the delegated acts adopted pursuant to this Regulation.

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. __________ * OJ: please insert the date of application of this Regulation.

national authorities shall only grant EC type-approval in respect of the eCall in-vehicle system to new types of vehicles and to new types of eCall ystems, components and separate technical units designed and constructed for such vehicles, which comply with this Regulation and the delegated acts adopted pursuant to this Regulation.

proposal completed with the reference to 112. The industry will need sufficient lead-time once the delegated acts (and/or implementing acts) specifying the technical requirements and precise test procedures are published. 36 months is the standard lead-time requested by the industry to develop and test safety ystems

Suggestion: “With effect from 1 October 2015 [36 months after the entry into force], national authorities shall only grant EC type-approval in respect of the 112-based eCall in-vehicle system to new types of vehicles and to new types of 112-based eCall systems, components and separate technical units designed and constructed for such vehicles, which comply with this Regulation and the delegated acts adopted pursuant to this Regulation.”

Article 7a

Periodic technical inspections

The requirements for periodic technical inspections concerning the 112-based eCall in-vehicle system shall be regulated by Regulation (EU) No ... of the European Parliament and of the Council.

* OJ: Please insert the number of the Regulation contained in doc. 2012/0184(COD).

-- PTI ACEA proposes to specify the PTI requirements in this text.

Suggestion:

Article 7a

Periodic technical inspections

The 112-based eCall in-vehicle system hould be subjected to periodic technical inspections. The test should be performed independently of available networks or similar (no try-out call) as follow:

39

- visual observation (warning signal and/or text y/n) or - via vehicle interface (only fitment/ tatus, no reading and or interpretation of DTCs nor system activation) following a power-on.

40

Article 8

Exemptions

Article 8

Exemptions

1.

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

1. The Commission may exempt certain classes of vehicles of categories M1 and N1 from the obligation to install 112- based eCall in-vehicle 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 installation of the 112-based eCall in-vehicle ystem proves not to be indispensable for further improving road safety, due to the fact that the class of vehicles concerned is designed primarily for offroad use or does not have an appropriate triggering mechanism. Those exemptions shall be limited in number.

1.

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

++ ACEA supports the Council proposal (i.e. exemptions are covered in Article 2 (Scope), paragraph 1 point c).

2.

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

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 9 setting out the exemptions referred to in paragraph 1.

2.

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

++ ACEA supports the Council proposal (i.e. exemptions are covered in Article 2 (Scope), paragraph 1 point c).

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)

2. The power to adopt delegated acts referred to in Article 5 (7), Article 6(4)

2. The power to adopt delegated acts referred to in Article 2(2) and Article

41

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].

and in Article 8(2) shall be conferred on the Commission for a period of five years from ...*. 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 uch extension not later than three months before the end of each period. ____________ * OJ: please insert the date of entry into force of this Regulation.

5 (7), Article 6(4) and in Article 8(2) hall be conferred on the Commission for an indeterminate period of time a 5 year period from […][Publications Office, please insert the exact date of entry into force].

3. The delegation of powers referred

to in Article 5(7), in Article 6(4) and in Article 8(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It hall 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.

3. The delegation of powers referred to in Article 2(2) and Article 5(7), in Article 6(4) and in Article 8(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date pecified 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 imultaneously 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 months

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 three months of

5. A delegated act adopted pursuant to Article 2(2) and 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

42

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.

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.

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.

Article 9a

Implementing acts

The Commission shall, in accordance with the examination procedure referred to in Article 9b(2), adopt implementing acts laying down the following implementing measures: (a) the procedure for the EC typeapproval; (b) the numbering system of the typeapproval certificates; (c) the template for the information documents; (d) the template of the EC typeapproval certificates; (e) the model for the EC type-approval mark. These implementing acts shall be adopted by [12 months after the entry into force].

Article 9b

Committee procedure

1. The Commission shall be assisted by the "Technical Committee – Motor Vehicles" (TCMV) established by Article 40(1) of Directive 2007/46/EC. That committee is a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

43

Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 10

Penalties for non-compliance

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

1. Member States shall lay down the rules on penalties applicable to noncompliance 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 hall be effective, proportionate and dissuasive, in particular where Article 6 of this Regulation is not complied with. Member States shall notify those provisions to the Commission, and shall notify it without delay of any ubsequent amendment affecting them.

1. Member States shall lay down the rules on penalties applicable to noncompliance by manufacturers with the provisions of this Regulation and the acts adopted pursuant to this Regulation. They shall take all measures to ensure that they the penalties are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Members States shall notify those provisions to the Commission, and hall notify it without delay of any ubsequent amendment affecting them.

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

pecifications which could lead to recall or withdrawal of typeapproval.

(c) withholding data or technical pecifications which could lead to recall, refusal or withdrawal of typeapproval;

(ca) breaching provisions contained in Article 6.

-- Penalties The type approval directive already provides for detailed penalties for noncompliance. This amendment is therefore unnecessary

44

Suggestion: delete

(d) acting in conflict with the provisions of Article 5(6).

-- Penalties The type approval directive already provides for detailed penalties for noncompliance. This amendment is therefore unnecessary

Suggestion: delete

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 Article 12, the Commission shall take appropriate action.

++ ACEA agrees with the EP proposal

2. By 1 October 2018, the Commission hall 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 ystem, including its penetration rate. The Commission shall investigate whether the scope of the Regulation hould be extended to other categories of vehicles, such as powered twowheelers, heavy goods vehicles, busses and coaches, and agricultural tractors. If appropriate, the Commission shall present a legislative proposal to that effect.

45

3. As soon as possible and in any event not later than by...*, the Commission hall report to the European Parliament and to the Council, following a broad consultation with all takeholders, 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 hall accompany that report, if appropriate, with a legislative proposal to that effect. The 112-based eCall invehicle system shall be based on the tandards for that platform as soon as they become available. ______________ *OJ: please insert the date: one year after the entry into force of this Regulation.

-- Open platform Our industry cannot accept that the 112- based eCall in-vehicle system should be based on an open platform, a concept for which there is currently no definition eCall is a safety system, which does not require an ‘open platform’ to function. The concept of open platform raises a number of issues (different safety, liability, data protection challenges, etc.), which need to be addressed before it becomes the basis for any vehicle system.

Moreover the standards and technical requirements of a possible future openplatform legislation would change the 112-based eCall system technically and could imply a complete revision of the eCall Regulation. 112-based eCall should remain focused on safety and separated from a possible future open telematic platform. In this respect ISO work on the Vehicle Station Gateway, where AFCAR participates, should be taken into account, tarting with the settled distinction between RMI over the air, remote driver behaviour services (e.g. insurance) and eCall.

A possible open telematic platform hould be discussed separately, as foreseen in the ITS Action Plan.

Suggestion: delete paragraph

Article 11

Amendments to Directive 2007/46/EC

Article 11

Amendments to Directive 2007/46/EC

46

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

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

47

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.

1a new. Article 5(7), Article 6(4), Article 8(2) and Articles 9 and 10a hall apply from ...*. __________ * OJ: please insert the date of entry into force of this Regulation.

It shall apply from 1 October 2015.

2. Articles other than those referred to in paragraph -2a shall apply as from 1 October 2015.

It shall apply from 1 October 2015 [36 months after the date of entry into force].

++ Lead time ACEA agrees with the Council proposal. The industry will need sufficient leadtime once the delegated acts (and/or implementing acts) specifying the technical requirements and precise test procedures are published. 36 months is the standard lead-time requested by the industry to develop and test safety ystems

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

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