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2013/0165(COD) - 29/04/2015 Final act

PURPOSE: the achievement of the internal market through the introduction of common technical requirements for new type-approved vehicles equipped with the 112-based eCall in-vehicle system

LEGISLATIVE ACT: Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC. 

CONTENT: the Regulation aims to make mandatory the fitting of 112-based eCall in-vehicle systems in all new types of cars and light commercial vehicles within the framework of the type-approval system.

To this end, the Regulation establishes the general requirements for the EC type-approval of vehicles in respect of the 112-based eCall in-vehicle systems, and of 112-based eCall in-vehicle systems, components and separate technical units.

Obligations of manufacturers: manufacturers shall ensure that all of their new types of vehicle described in the Regulation:

  • are equipped with a permanently installed 112-based eCall in-vehicle system;
  • are constructed in such a way as to ensure that, in the event of a severe accident, detected by activation of one or more sensors or processors within the vehicle, an eCall to the single European emergency number 112 is triggered automatically; an eCall to the single European emergency number 112 can also be triggered manually;
  • in the event of a critical system failure which would result in an inability to execute a 112-based eCall, a warning will be given to the occupants of the vehicle.

The receivers in the 112-based eCall in-vehicle systems must be compatible with the positioning services provided by the Galileo and the EGNOS systems. 

With effect from 31 March 2018, national authorities shall only grant EC type-approval to new types of vehicles and to new types of 112-based eCall in-vehicle systems, components and separate technical units designed and constructed for such vehicles which comply with this Regulation and the delegated and implementing acts adopted pursuant to the Regulation.

Independent operators: the 112-based eCall in-vehicle system shall be accessible to all independent operators for a reasonable fee not exceeding a nominal amount and without discrimination for repair and maintenance purposes in accordance with Regulation (EC) No 715/2007.

Rules on privacy and data protection: the Regulation sets out requirements in the area of privacy and data protection regarding the non-use of personal data for any other purposes and the non-retention of data beyond what is strictly necessary for the operation of the eCall system.

Provisions concern the following, e.g.: (i) automatic and continuous removal of data, (ii) the non-traceability of the eCall system; (iii) no transmission of the data outside the vehicle before the eCall is triggered, (iv) embedding privacy enhancing technologies in order to provide eCall users with the necessary safeguards to prevent surveillance and misuse; (v) no exchange of data between the in-vehicle systems; (vi) clear and comprehensive information in the owner's manual about the processing of data.

Report and review: by 31 March 2021, the Commission shall prepare an evaluation report on the achievements of the 112-based eCall in-vehicle system, including its penetration rate. The evaluation shall investigate whether the scope of the Regulation should be extended to other categories of vehicles, such as heavy goods vehicles, buses and coaches, powered two-wheelers, and agricultural tractors, and present a legislative proposal to that effect.

Following a broad consultation with all relevant stakeholders and a study assessing the costs and benefits, the Commission shall assess the need of requirements for an interoperable, standardised, secure and open-access platform. If appropriate, and no later than 9 June 2017, it shall adopt a legislative initiative based on those requirements.

ENTRY INTO FORCE: 8.6.2015. Except for certain provisions that will apply from 8.6.2015, provisions apply from 31.3.2018.

DELEGATED ACTS: the Commission may adopt delegated acts in order to ensure the application of common technical requirements regarding the 112-based eCall in-vehicle system. The power to adopt such acts is conferred on the Commission for a period of five years (which may be tacitly prolonged) from 8 June 2015. The European Parliament or the Council may raise objections to a delegated act within two months of the date of notification (this may be extended by two months.) If Parliament or Council raise objections, the delegated act will not come into force.