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18.9.2013 Official
Journal
of
the
European
Union L
247/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) No 885/2013
of 15 May 2013
supplementing ITS Directive 2010/40/EU of the European Parliament and of the Council with
regard to the provision of information services for safe and secure parking places for trucks and
commercial vehicles
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) Mandatory
rest
periods
and
breaks
may
have
an
influence
on drivers’ behaviour with regard to choosing a parking
place. The present Regulation seeks to optimise the use
Having regard to the Treaty on the Functioning of the European
of parking places and to facilitate drivers’ or transport
Union,
companies’ decisions on when and where to park by
means of deployment of information services.
Having regard to Directive 2010/40/EU of the European
Parliament and of the Council of 7 July 2010 on the
framework for the deployment of Intelligent Transport
(5) In
order
to
ensure
the
interoperability
and
continuity
of
Systems in the field of road transport and for interfaces with
the service throughout the Union as well as to take full
other modes of transport (
account of data protection requirements, it is important

1 ), and in particular Article 3(e) and
Article 6(1) thereof,
that all Member States develop a harmonised and
seamless approach towards the provision of information
services for safe and secure parking places for trucks and
After consulting the European Data Protection Supervisor,
commercial vehicles across the Union. To this effect,
Member States can rely on technical solutions and stan
dards, which shall be provided mainly through European
Whereas
and/or international standardisation organisations and/or
associations, in order to ensure interoperability and
continuity of the service EU-wide while also taking full
(1) Article
3(e)
of
Directive
2010/40/EU
sets
as
a
priority
account of data protection requirements.
action the provision of information services for safe
and secure parking places for trucks and commercial
vehicles.
(6) The
provision
of
security
and
comfort
information
contributes to the decision drivers make in choosing
the parking area. Guidance may be given by displaying
(2) Article
6(1)
of
Directive
2010/40/EU
requires
the
the security, safety and services features offered on a
Commission to adopt specifications necessary to ensure
parking.
compatibility, interoperability and continuity for the
deployment and operational use of Intelligent Transport
Systems (ITS) for information services for safe and secure
parking places. This Regulation seeks to optimise the use
(7) In
case
of
specific
persistent
heavy
demand
for
safe
and
of parking places and to facilitate drivers’ or transport
secure parking in certain areas, truck drivers should be
companies’ decisions about when and where to park by
redirected from a full parking area to another location in
means of deployment of information services.
the priority zone where free safe and secure places are
available in order to avoid unsuitable parking. Therefore,
Member States should determine the ‘priority zones’.
(3) The
Council
resolution
( 2 ) on combating and preventing
road freight crime and providing secure truck parks high
lights the need to improve safety and security for truck
drivers and parking possibilities.
(8) If
static
signs
are
used
to
indicate
safe
and
secure
parking
areas, these should comply with the Vienna Convention
( 1 ) OJ L 207, 6.8.2010, p. 1.
of 8 November 1968, where Member States are party to
( 2 ) SN 27.10.2010 15504/10.
it.

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L 247/2
EN
Official Journal of the European Union
18.9.2013
(9) Directive
2003/98/EC
of
the
European
Parliament
and
of HAS ADOPTED THIS REGULATION:
the Council of 17 November 2003 on the reuse of
public sector information ( 1 ) (PSI) sets minimum rules
for reusing PSI throughout the European Union. It is
Article 1
built around two key pillars of the internal market,
Subject matter and scope
namely transparency and fair competition, and
encourages Member States to go beyond these
This Regulation establishes the specifications necessary to
minimum rules for the reuse of public sector information
ensure compatibility, interoperability and continuity for the
and to adopt policies allowing broad use of documents,
deployment and operational use of information services for
or data in the context of this Regulation, held by public
safe and secure parking places for trucks and commercial
sector bodies. In some cases the reuse of data will take
vehicles on a Union level in accordance with Directive
place without a licence being agreed. In other cases a
2010/40/EU.
licence will be issued imposing conditions on the reuse
by the licensee and dealing with issues such as liability,
It shall apply to the provision of information services situated
the proper use of data, guaranteeing accordance with
on the trans-European road network (TERN).
data protection requirements, non-alteration and the
acknowledgement of source. The intellectual property
rights of third parties shall not be affected.
Article 2
Definitions
(10) Feedback from the users is information that is provided
For the purposes of this Regulation the following definitions
by the parking users in order to give personal and
shall apply:
anonymous advice to other future users and to truck
parking area operators. This information may be used
for a quality management check of the information
(1) ‘safe and secure parking place’ means a parking place for
service as well as for the assessment. The anonymity of
commercial users allowing them to avoid unsuitable
the feedback should be guaranteed.
parking and contributing to safety of drivers and freight;
(2) ‘user’ means any truck or commercial vehicle driver,
(11) The
deployment
and
use
of
ITS
applications
and
services
dispatcher, haulier, traffic management body, or any
might entail the processing of personal data which
other body such as cargo owners, insurance companies,
should be carried out in accordance with Union law, as
road authorities, and police forces. They should obtain the
set out, in particular, in Directive 95/46/EC of the
information from the service providers;
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
(3) ‘service provider’ means any public or private body that
such data (
provides the information service to users;

2 ) 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
(4) ‘data’ means information provided by a truck parking
the protection of privacy in the electronic communi
operator which describes the truck parking area;
cations sector (Directive on privacy and electronic
communications) ( 3 ). Therefore, principles of purpose
limitation and data minimisation should be applied to
(5) ‘information’ means any aggregated, processed and/or
ITS applications.
extracted data, offered by the service provider to the
users through different channels;
(12) The deployment and use of ITS applications and services,
(6) ‘information service’ means any service which provides
as set out in specifications adopted in accordance with
guidance to its users, allowing them to comply with
Article 6 of Directive 2010/40/EU, are addressed in
mandatory rest periods and breaks, to reduce unsuitable
accordance with Union law, including in particular
parking and optimise the use of parking places;
Council Directive 85/374/EEC of 25 July 1985 on the
approximation of the laws, regulations and administrative
provisions of the Member States concerning liability for
(7) ‘feedback from the users’ means information provided by
defective products (
users of the parking places, giving personal and

4 ) as well as relevant national legis
lation.
anonymous advice to other future users and to truck
parking area operators;
(13) In
accordance
with
the
principle
of
proportionality,
as
set
(8) ‘dynamic information’ means information indicating, at
out in Article 5 of the Treaty on European Union, this
any given time, the available parking capacity available
Regulation does not go beyond what is necessary in
in a parking area or its current status (free/full/closed) of
order to achieve that objective,
a parking area;
( 1 ) OJ L 345, 31.12.2003, p. 90.
(9) ‘static information’ means information provided by the
( 2 ) OJ L 281, 23.11.1995, p. 31.
( 3 ) OJ L 201, 31.7.2002, p. 37.
parking area operator relating to the description of the
( 4 ) OJ L 210, 7.8.1985, p. 29.
parking area;

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EN
18.9.2013 Official
Journal
of
the
European
Union L
247/3
(10) ‘reliability of information’ refers to the accuracy of the
— Location information of the entry point in the parking
information service provided in comparison to the real
area (latitude/longitude) (20 + 20 characters)
situation;
— Primary road identifier1/direction (20 characters/20 char
(11) ‘unsuitable parking’ means stopping or parking of heavy
acters), and Primary road identifier2/direction (20 char
goods vehicles outside of safe and secure parking places on
acters/20 characters) if same parking accessible from two
motorways or corridors, on hard shoulders, or inside over
different roads
crowded parking places;
— If needed, the indication of the Exit to be taken (limited
(12) ‘access point’ means a digital point of access where the
to 100 characters)/Distance from primary road (integer
information on parking places is collected, processed, and
3) km or miles
made available to be disseminated. These points of access
will provide the possibility to disseminate the information
services across borders;
— Total number of free parking places for trucks (integer 3)
(13) ‘priority zone’ means a section, as defined by the national
— Price and currency of parking places (300 characters)
authorities, where there is a shortage of spaces at one or
several safe and secure parking places, which can be
2. Information on safety and equipment of the parking area
alleviated by providing information on other unused
parking capacities in the same zone.
— Description of security, safety and service equipment of
the parking including national classification if one is
Article 3
applied (500 characters)
Requirements for the provision of information services
1. Member
States
shall
designate
areas
where
traffic
and
— Number of parking places for refrigerated goods vehicles
security conditions require the deployment of information
(numerical 4 digits)
services on the safe and secure parking places.
— Information on specific equipment or services for specific
They shall also define priority zones where dynamic
goods vehicles and other (300 characters)
information will be provided.
Contact information of the parking operator:
2. The
provision
of
information
services
shall
fulfil
the
requirements set out in Articles 4 to 7.
— Name and surname (up to 100 characters)
Article 4
— Telephone number (up to 20 characters)
Data collection
Data on safe and secure public and private parking areas
— E-mail address (up to 50 characters)
describing the parking facility, to be provided to the users,
shall be collected and supplied by public or private parking
operators and service providers. The data to be collected shall
— Consent of the operator to make his contact information
be easy to provide, including remotely, by any relevant means,
public (Yes/No)
in order to facilitate a distant collection by all parking oper
ators. Public or private parking operators and service providers
shall use DATEX II
(
3. Dynamic data on availability of parking places including

1 ) profiles or other internationally
compatible formats in order to ensure interoperability of the
whether a parking is: full, closed or number of free places
information services across the Union.
which are available.
The data to be collected shall be the following:
Article 5
Sharing and exchange of data
1. Static data related to the parking areas, including (where
1. Public
or
private
parking
operators
and
service
providers
applicable)
shall share and exchange data referred to in paragraph 1 of
Article 4. For these purposes they shall use DATEX II
(CEN/TS 16157) format or any DATEX II compatible inter
— Identification information of parking area (name and
national machine-readable format. Data shall be accessible for
address of the truck parking area (limited to 200 char
exchange and reuse by any public or private information service
acters))
provider and/or parking operator on a non-discriminatory basis,
and in accordance with access rights and procedures defined in
( 1 ) CEN/TS 16157.
Directive 2003/98/EC.

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L 247/4
EN
Official Journal of the European Union
18.9.2013
2. The
static
data
shall
be
accessible
through
a
national
or For each new priority zone, all public and private operators of
international access point.
parking places shall ensure the reliability of the information. For
these purposes they shall carry out periodical controls of the
detection equipment, including measuring of the difference
3. For dynamic data, Member States (or national authorities)
between the data displayed and the real availability of parking
shall be responsible for setting up and managing a central
places. That information shall be assessed in accordance with
national or international point of access referencing all indi
Article 8.
vidual single points of access of each truck parking operator
and/or service provider on their territory in the interests of
users.
Article 8
Assessment of compliance with the requirements
4. Member
States
may
contribute
to
an
international
access
point by providing data and ensuring that its quality is in
1. Member
States
shall
designate
a
national
body
competent
conformity with the requirements in Article 7.
to assess whether the requirements set out in Articles 4 to 7 are
fulfilled by service providers, parking operators and road oper
ators. This body shall be impartial and independent from the
5. Charges
for
access
to,
exchange
of,
and
reuse
of
public
or latter.
private dynamic data shall remain reasonable as referred to in
the PSI Directive.
Two or more Member States may designate a common regional
body competent to assess compliance with those requirements
6. Public
and
private
parking
operators
and/or
service on their territories.
providers shall periodically send their static collected data to
the national or international access point through appropriate
electronic means no less than once a year for static data referred
Member States shall notify the nominated body to the
to in Article 4(1).
Commission.
For dynamic data public and private operators and/or services
2. All
services
providers
shall
submit
a
declaration
to
the
providers shall update their information referred to in
designated bodies on their compliance with the requirements
Article 4(3) no less than once every 15 minutes.
set out in Articles 4 to 7.
Article 6
The declaration shall contain the following elements:
Dissemination of information
Service providers collecting information at a specific location
(a) the collected data, pursuant to Article 4 collected on safe
shall display:
and secure parking places for trucks and commercial
vehicles including the percentage of parking places
registered in the information service;
— at least the next two safe and secure parking places along a
corridor within approximately 100 kilometres,
(b) the means of dissemination of the information services to
users;
— the availability of parking places in a priority zone in at
least the next two parking areas within approximately 100
kilometres.
(c) the coverage of dynamic information services on safe and
secure parking places;
The dissemination of information shall be consistent with the
Vienna convention where a Member State has signed it. In-
(d) the quality and availability of the information provided,
vehicle application should have a robust human machine
point of access to the information and the format in
interface in order to avoid driver distraction and fatigue.
which that information is provided.
Parking operators and/or service providers shall inform the
3. Designated
bodies
shall
randomly
inspect
the
correctness
users about the launch of any new information service for
of the declarations of a number of public and private service
safe and secure parking by any communication means they
providers and parking operators, and request a demonstration
find appropriate.
of compliance with the requirements set out in Articles 4 to 7.
Article 7
The quality of the service may also be assessed using user-
Quality management
generated comment.
Any change of situation of the parking area, including its
closure, shall be immediately notified by public and private
Every year, the designated bodies shall report to the relevant
parking operators to the national or international access point
national authorities on the declarations submitted, as well as on
and to the national authorities.
the results of their random inspections.

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EN
18.9.2013 Official
Journal
of
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European
Union L
247/5
Article 9
(c) the percentage of parking places providing dynamic
information on the availability of parking spaces and the
Follow-up
priority zones to the Commission.
1. Member
States
shall
provide
to
the
Commission
at
the
latest 12 months following the entry into force of this Regu
lation the following information:
Article 10
Entry into force and application
(a) the competent bodies designated for assessment of
compliance with the requirements set out in Articles 4 to 7;
This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.
(b) the description of the national access point if applicable.
2. At the latest 12 months following the entry into force of
It shall apply:
this Regulation and every calendar year afterwards, Member
States shall communicate the following information:
— from 1 October 2015 to the provision of services already
deployed on the date of entry into force of this Regulation,
(a) the number of different parking places and parking spaces
on their territory;
— from 1 October 2013 to the provision of services to be
(b) the percentage of parking places registered in the
deployed after the date of entry into force of this Regu
information service;
lation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 May 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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