Commission Recommendation

of 4 July 2001

on the development of a legal and business framework for participation of the private sector in deploying telematics-based Traffic and Travel Information (TTI) services in Europe

(notified under document number C(2001) 1102)

(Text with EEA relevance)

(2001/551/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,

Whereas:

(1) In its conclusions the Transport Council, held at Luxembourg on 17 June 1997, considers that the Communication from the Commission to the Council and the European Parliament of 20 May 1997 on a Community strategy and framework for the deployment of road transport telematics in Europe and proposals for initial actions(1), constitutes an appropriate basis for subsequent action.

(2) A harmonised approach to trans-European telematics-based traffic and travel information (TTI) services is required, and whereas a working party of high level representatives appointed by the Member States, established according to the indications of the Council in its resolution of 28 September 1995(2), chaired by the Commission, will provide an adequate mechanism for this purpose.

(3) It is recognised that TTI service operators must be fully informed about the requirements for compliance with safety and other policies designed to protect the public interest. In particular, where TTI services utilise data processing systems, they must, whatever the nationality or residence of natural persons, respect their fundamental rights and freedoms, with regard to personal data and privacy, in accordance with 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(3) and Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector(4).

(4) It is also important to take full advantage of data and information sources available through the public authorities in order to secure economy in information and data supply which are necessary for the wide deployment of TTI services.

(5) Partnerships between the public and private sectors will accelerate the deployment of TTI services, the principles of those partnerships being laid down in the Communication of the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions of 10 September 1997 on public-private partnership in trans-European transport network projects(5)

(6) Decision No 1336/97/EC of the European Parliament and of the Council of 17 June 1997 on a series of guidelines for trans-European telecommunications networks(6) encourages the public-private collaboration for TTI applications through partnerships.

(7) The Council Resolution of 19 July 1999 on the involvement of Europe in a new generation of satellite navigation services - Galileo(7) recognises that a European satellite navigation system will have a positive impact on the development of traffic and travel services.

(8) The participation of the private sector in developing telematics-based TTI services can be encouraged by allowing for independent traffic monitoring, including the possibility of installation and maintenance of traffic monitoring equipment along public roads, subject to compliance with safety requirements. Furthermore, telematics-based travel information systems and services can contribute to the development of efficient, safe and environmentally sound transport services, inter alia, the requirement on the part of the service providers to cooperate with the authorities in the handling of traffic incidents and transport emergency situations. Nevertheless, information and data which is proprietary has commercial value, and its commercial value should be respected in line with Directive 96/9/EC of the European Parliament and the Council of 11 March 1996 on the legal protection of databases(8), even if it is made available to the public authorities.

(9) Telematics-based TTI services have the potential to facilitate optimum use of transport networks by conforming with the authorities' traffic management and mobility policies, and the functional hierarchy of roads.

(10) TTI service providers should be free to develop and offer their services and products on a commercial basis, free of obligations imposed by public authorities and public agencies, except the rules concerning, inter alia, public safety.

(11) This Recommendation aims at contributing to the Community strategy and framework for the deployment of road transport telematics in Europe and will be reviewed by the Commission, after a suitable period, to determine whether further action is required by the Community to coordinate the actions in Member States.

(12) In keeping with the principle of subsidiarity, legal and business frameworks for TTI services and products should be developed at national and local level. Nevertheless, in recognition of the need for coordination at the European level, information on national and local initiatives, actions or intended measures in the area of TTI should be widely disseminated. The regulatory framework for TTI services and products should be developed to avoid the situation where a TTI service provider must deal with a multiplicity of national, regional and local authorities in turn before being permitted to implement a new service.

(13) The adoption of a regulation or a directive would be premature, and best results can be achieved with a recommendation,

HEREBY RECOMMENDS:

1. Purpose and objective

Member States are invited to develop an appropriate legal and business framework for participation of the private sector in deploying telematics-based traffic and Travel information (TTI) services in Europe.

The objective of that framework is to encourage the commercial deployment of added value services offered to travellers, along with the improvement of existing and planned public travel information sources such as broadcast and internet travel news and telephone enquiry lines.

2. Facilitation of European TTI services

Member States are invited to work together for establishing European TTI services by participating in the work of the high level working party chaired by the Commission. The Member States should inform the Commission of any national initiatives, actions or intended measures in the area of TTI services and products.

3. Regulatory framework for TTI services

Member States should take steps to harmonise the requirements for TTI services at national, regional and local levels. To this end, Member States are invited to take the following actions:

(a) to publish and make available the requirements and applicable laws and regulations relating to public safety, traffic safety, transport and traffic management, privacy and personal data with which TTI service providers need to comply in providing their services, at national, regional and local level;

(b) to encourage the adoption of standard contracts and service level agreements by public authorities and public agencies for the supply of traffic and travel data of all modes of transport to commercial sector operators and users;

(c) to encourage the public authorities and public agencies who operate on-line traffic detection and monitoring equipment to make the data available in real time to all TTI service providers on equal terms;

(d) to promote public private partnerships in the provision of TTI services.

4. Proprietary traffic and travel data

In the interests of promoting the rapid development of European TTI services and products, and to encourage market competition and quality improvement in TTI services, Member States are invited to carry out the following actions:

(a) wherever possible, to encourage public authorities and public agencies to allow private operators of TTI services to install and maintain their own traffic monitoring equipment on public roads, operated on a proprietary basis;

(b) to develop, publish and make available, for the benefit of all TTI service operators, guidelines for safe installation, operation and maintenance of traffic monitoring equipment on public roads;

(c) to specify, publish and make available the requirements to be placed on TTI service providers to promptly notify the authorities of any data or information about emergencies and major traffic incidents they receive, in the interests of public safety;

(d) to adopt measures to ensure that public authorities and public agencies safeguard the commercial value of all proprietary traffic data and travel information supplied to them by private TTI service providers.

5. Observance of road infrastructure hierarchies and traffic management strategies

In the interests of ensuring that TTI products and services observe the recommended routes for through-traffic and discourage the use of unsuitable roads, Member States are invited to publish, with a view of informing TTI service providers and also the developers and publishers of navigation databases, the details of road hierarchies for through traffic for different classes of traffic as well as the existing local traffic management requirements and guidelines. Changes to the road hierarchies should be published promptly.

6. Facilitating TTI services

Member States are invited to ensure that TTI service providers have the freedom to develop and offer their services and products on a commercial basis. The only constraints to be imposed on them by public authorities and public agencies should be those relating to public safety, traffic safety, transport and traffic management and the protection of privacy and personal data as provided for by this Recommendation.

7. Reporting progress

Member States are invited to report progress in establishing the appropriate national framework for TTI services to the Commission within two years of the date of publication of this Recommendation in the Official Journal of the European Communities.

This Recommendation is addressed to the Member States.

Done at Brussels, 4 July 2001.

For the Commission

Erkki Liikanen

Member of the Commission

(1) COM(1997) 223 final.

(2) OJ C 264, 11.10.1995, p. 1.

(3) OJ L 281, 23.11.1995, p. 31.

(4) OJ L 24, 30.1.1998, p. 1.

(5) COM(1997) 453 final.

(6) OJ L 183, 11.7.1997, p. 12.

(7) OJ C 221, 3.8.1999, p. 1.

(8) OJ L 77, 27.3.1996, p. 20.