HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
3.4.2013 Official
Journal
of
the
European
Union L
91/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) No 305/2013
of 26 November 2012
supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to
the harmonised provision for an interoperable EU-wide eCall
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) The
Communication
from
the
Commission
to
the
European Parliament, the Council, the European
Economic and Social Committee and the Committee of
Having regard to the Treaty on the Functioning of the European
the Regions ‘eCall: Time for deployment’ ( 3 ), envisages
Union,
new regulatory measures to speed up the deployment
of an in-vehicle emergency call service in the Union.
One of the proposed measures is to make the
Having regard to Directive 2010/40/EU of the European
necessary upgrading of the public safety answering
Parliament and of the Council of 7 July 2010 on the
point (PSAP) infrastructure required for proper receipt
framework for the deployment of Intelligent Transport
and handling of eCalls mandatory.
Systems in the field of road transport and for interfaces with
other modes of transport ( 1 ), and in particular Article 7 thereof,
(5) Commission
Recommendation
2011/750/EU
( 4 ) on
After consulting the European Data Protection Supervisor,
support for an EU-wide eCall service in electronic
communication networks for the transmission of in-
vehicle emergency calls based on 112 (‘eCalls’) advises
Whereas:
Member States to indicate the eCall PSAP to route
eCalls and to ensure that mobile network operators
handle eCalls properly.
(1) Directive
2010/40/EU
requires
the
Commission
to
adopt
delegated acts as regards specifications necessary to
ensure the compatibility, interoperability and continuity
(6)
It is expected that, by reducing the response time of the
for the deployment and operational use of intelligent
emergency services, the interoperable EU-wide eCall will
transport systems (ITS).
reduce the number of fatalities in the Union as well as
the severity of injuries caused by road accidents.
(2) According
to
Article
3(d)
of
Directive
2010/40/EU,
the
harmonised provision for an interoperable EU-wide eCall
service shall constitute a priority action. The Commission
(7) The
interoperable
EU-wide
eCall
is
also
expected
to
bring
should, therefore, adopt the necessary specifications in
savings to society by improving incident management
this field.
and by reducing road congestion and secondary
accidents.
(3)
Article 26 of Directive 2002/22/EC of the European
Parliament and of the Council of 7 March 2002 on
(8) The
processing
of
personal
data
in
the
context
of
the
universal service and users’ rights relating to electronic
handling of eCalls by the PSAPs, the emergency
communications networks and services (Universal Service
services and service partners is performed in accordance
Directive) ( 2 ) requires that calls to the single European
with Directive 95/46/EC of the European Parliament and
emergency call number 112 are answered appropriately
of the Council of 24 October 1995 on the protection of
and handled in a manner that is best suited to the
individuals with regard to the processing of personal data
national organisation of emergency systems, including
and on the free movement of such data ( 5 ) and Directive
the emergency call response centres (public safety
2002/58/EC of the European Parliament and of the
answering points).
( 3 ) COM(2009) 434 final.
( 1 ) OJ L 207, 6.8.2010, p. 1.
( 4 ) OJ L 303, 22.11.2011, p. 46.
( 2 ) OJ L 108, 24.4.2002, p. 51.
( 5 ) OJ L 281, 23.11.1995, p. 31.

---

L 91/2
EN
Official Journal of the European Union
3.4.2013
Council of 12 July 2002 concerning the processing of
order to ensure the compatibility, interoperability and
personal data and the protection of privacy in the elec
continuity of the harmonised EU-wide eCall service.
tronic communications sector (Directive on privacy and
electronic communications)
( 1 ). Member States shall
ensure that this compliance is demonstrated, with
national data protection authorities, either during a
Article 2
priori control procedures, such as prior notifications or
a posteriori checks, such as in the course of complaints
Definitions
and investigations.
The following definitions shall apply for the purposes of this
Regulation:
(9) The
interoperable
EU-wide
eCall
service
follows
the
recommendations made by the Article 29 Data
Protection Working Party and contained in the
(a) ‘emergency service’ means a service, recognised as such by
‘Working document on data protection and privacy
the Member State, that provides immediate and rapid
implications in eCall initiative’, adopted on 26 September
assistance in situations where there is, in particular, a
2006 (1609/06/EN — WP 125). Vehicles equipped with
direct risk to life or limb, to individual or public health
eCall in-vehicle equipment shall not be traceable in their
or safety, to private or public property, or to the
normal operational status. The minimum set of data sent
environment, in accordance with national legislation;
by the eCall in-vehicle equipment (i.e. when triggered)
shall include the minimum information required for the
appropriate handling of emergency calls.
(b) ‘public safety answering point’ (PSAP) means a physical
location where emergency calls are first received under
(10) Without
prejudice
to
Directive
95/46/EC,
Member
States
the responsibility of a public authority or a private organi
shall take into account, when deploying the eCall PSAPs
sation recognised by the Member State;
infrastructure, the ‘Working document on data protection
and privacy implications in eCall initiative’ adopted by
the Article 29 Working Party on 26 September 2006
(1609/06/EN — WP 125).
(c) ‘most appropriate PSAP’ means a PSAP defined beforehand
by responsible authorities to cover emergency calls from a
certain area or for emergency calls of a certain type;
(11) It is important that all Member States should develop
common technical solutions and practices for the
provision of emergency call services. The development
(d) ‘eCall PSAP’ means a most appropriate PSAP defined
of common technical solutions should be pursued in
beforehand by the authorities to first receive and handle
particular through the European standardisation organi
the eCalls;
sations, in order to facilitate the introduction of the eCall
service, ensure the interoperability and continuity of the
service throughout the Union, and reduce the costs of
implementation for the Union as a whole.
(e) ‘eCall PSAP operator’ means a person in the eCall PSAP
receiving and/or handling the emergency calls;
(12) The
European
Standardisation
Organisations,
ETSI
and
CEN, have developed common standards for the
deployment of a pan-European eCall service, which the
(f) ‘service partner’ means a public or private organisation
present Regulation makes the reference to.
recognised by national authorities, that has a role in the
handling of incidents related to an eCall (e.g. road operator,
assistance service);
(13) Infrastructures already deployed should be granted
sufficient time to upgrade, therefore the Regulation
should apply to them 12 months after entry into force,
(g) ‘in-vehicle equipment’ means equipment within the vehicle
that provides or has access to the in-vehicle data required
HAS ADOPTED THIS REGULATION:
to perform the eCall transaction via a public mobile
wireless communications network;
Article 1
Subject matter and scope
(h) ‘eCall’ (referred to in Directive 2010/40/EU as ‘interoperable
EU-wide eCall’) means an in-vehicle emergency call to 112,
This Regulation establishes the specifications for the upgrading
made either automatically by means of the activation of in-
of the Public Safety Answering Point (PSAP) infrastructure
vehicle sensors or manually, which carries a standardised
required for the proper receipt and handling of eCalls, in
minimum set of data and establishes an audio channel
between the vehicle and the eCall PSAP via public mobile
( 1 ) OJ L 201, 31.7.2002, p. 37.
wireless communications networks;

---

EN
3.4.2013 Official
Journal
of
the
European
Union L
91/3
(i) ‘eCall transaction’ means the establishment of a mobile
emergency number 112. The eCall PSAP shall process eCalls in
wireless communications session across a public wireless
line with the requirements of national regulations for emergency
communications network and the transmission of a
call processing.
minimum set of data from a vehicle to an eCall PSAP
and the establishment of an audio channel between the
vehicle and the same eCall PSAP;
3. The
eCall
PSAP
shall
be
able
to
receive
the
data
contents
of the MSD and present them to the eCall PSAP operator clearly
(j) ‘minimum set of data’ (MSD) means the information
and understandably.
defined by the standard ‘Road transport and traffic tele
matics — eSafety — eCall minimum set of data (MSD)’
(EN 15722) which is sent to the eCall PSAP;
4. The
eCall
PSAP
shall
have
access
to
an
appropriate
Geographical Information System (GIS) or an equivalent
(k) ‘Vehicle Identification Number (VIN)’ means the alpha
system allowing the eCall PSAP operator to identify the
numeric code assigned to a vehicle by the manufacturer
position and heading of the vehicle to a minimum degree of
in order to ensure proper identification of every vehicle,
accuracy as defined in EN 15722 for the MSD coordinates.
as described in ISO standard 3779;
(l) ‘mobile wireless
communications
network’
means
wireless
5. The
abovementioned
requirements
shall
enable
the
eCall
communications network with homogeneous handover
PSAP to provide location, type of eCall activation (manual or
between network access points;
automatic) and other relevant data to the appropriate
emergency service(s) or service partner(s).
(m) ‘public mobile wireless communications network’ means
mobile wireless communications network available to the
public in accordance with Directive 2002/22/EC and with
6. The
eCall
PSAP
(initially
receiving
the
eCall)
shall
establish
Directive 2002/21/EC of the European Parliament and of
audio communication with the vehicle and handle the eCall
the Council (
data; if necessary, the eCall PSAP may reroute the call and

1 );
MSD data to another PSAP, emergency control centre or
service partner according to national procedures determined
by the national authority. Rerouting may be done via data or
(n) ‘emergency control centre’ means a facility used by one or
audio connection, or, preferably, both.
more emergency services to handle emergency calls;
7. When
appropriate,
and
depending
on
national
procedures
(o) ‘raw MSD’ means a representation of the transmitted
and legislation, the eCall PSAP and appropriate emergency
minimum set of data before being presented in an intel
service(s) or service partner(s) may be granted access to the
ligible way to the eCall PSAP operator.
characteristics of the vehicle contained in national databases
and/or other relevant resources, in order to obtain information
that is necessary for dealing with an eCall, notably to allow the
interpretation of the Vehicle Identification Number (VIN) and
Article 3
the presentation of additional relevant information, particularly
eCall PSAP requirements
vehicle type and model.
1. Member States shall ensure that any eCall PSAP is
equipped to handle eCalls and receive the MSD originating
from the in-vehicle equipment according to the standards ‘Intel
ligent transport system — eSafety — PanEuropean eCall-
Article 4
Operating requirements’ (EN 16072) and ‘Intelligent transport
systems — eSafety — eCall High Level Application
Conformity assessment
Requirements (HLAP)’ (EN 16062).
Member States shall designate the authorities that are competent
for assessing the conformity of the operations of the eCall
PSAPs with the requirements listed in Article 3 and shall
notify them to the Commission. Conformity assessment shall
2. The
eCall
PSAP
shall
handle
eCalls
as
expeditiously
and be based on the part of the standard ‘Intelligent transport
effectively as any other call made to the single European
systems — eSafety — eCall end to end conformance testing’
(EN 16454) that relates to PSAPs conformance to pan-European
( 1 ) OJ L 108, 24.4.2002, p. 33.
eCall.

---

L 91/4
EN
Official Journal of the European Union
3.4.2013
Article 5
requirements of the eCall standards listed in Article 3(1) in
respect of the part(s) of the system under their design and/or
Obligations linked to the deployment of the eCall PSAPs
control. They shall be liable only for that part of the eCalls for
infrastructure
which they are responsible, which starts at the time the eCalls
Member States shall ensure that this Regulation is applied when
reach the eCall PSAP, in accordance with national procedures.
the eCall PSAPs infrastructure for the handling of the inter
operable EU-wide eCall is deployed, in accordance with the
principles for specifications and deployment laid down in
2. To
that
end,
and
in
addition
to
other
existing
measures
Annex II to Directive 2010/40/EU. This is without prejudice
related to the handling of 112 calls in particular, both the raw
to the right of each Member State to decide on the deployment
MSD received with the eCall and the MSD contents presented to
of the eCall PSAPs infrastructure for the handling of the inter
the eCall operator shall be retained for a determined period of
operable EU-wide eCall on its territory. This right is without
time, in accordance with national regulations. Such data shall be
prejudice to any legislative act adopted under the second
stored in accordance with Articles 6, 13 and 17 of Directive
subparagraph of Article 6(2) of Directive 2010/40/EU.
95/46/EC.
Article 6
Article 8
Rules on privacy and data protection
Reporting
1. The PSAPs, including eCall PSAPs, shall be regarded as
data controllers within the meaning of Article 2(d) of
Member States shall report to the Commission by 23 October
Directive 95/46/EC. Where the eCall data is to be sent to
2013 on the state of implementation of this Regulation. This
other emergency control centres or service partners pursuant
report shall include at least the list of competent authorities for
to Article 3(5), the latter shall also be considered as data
assessing the conformity of the operations of the eCall PSAPs,
controllers. Member States shall ensure that the processing of
the list and geographical coverage of the eCall PSAPs, a schedule
personal data in the context of the handling of the eCalls by the
of deployment during the ensuing two years, the description of
PSAPs, the emergency services and service partners is carried
the conformance tests and the description of the privacy and
out in accordance with Directives 95/46/EC and 2002/58/EC,
data protection protocols.
and that this compliance is demonstrated to the national data
protection authorities.
Article 9
2. In
particular,
Member
States
shall
ensure
that
personal
data are protected against misuse, including unlawful access,
Entry into force and application
alteration or loss, and that protocols concerning personal data
This Regulation shall enter into force on the 20th day following
storage, retention duration, processing and protection are estab
that of its publication in the Official Journal of the European
lished at the appropriate level and properly observed.
Union.
Article 7
Rules on liability
It shall apply to infrastructures deployed from the date of entry
into force of this Regulation. It shall apply from 23 April 2014
1. The
eCall
PSAPs
must
be
able
to
demonstrate
to
the to infrastructures already deployed at the date of entry into
competent authorities that they meet all specified conformance
force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 November 2012.
For the Commission
The President
José Manuel BARROSO

---

Document Outline

• �

---