Explanatory Memorandum to COM(2013)316 - Type-approval requirements for the deployment of the eCall in-vehicle system

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This page contains a limited version of this dossier in the EU Monitor.

1. CONTEXT OF THE PROPOSAL

The purpose of this proposal is to introduce in the EC motor vehicle type-approval system a requirement for fitting an eCall in-vehicle system. This forms part of a set of EU legal acts for ensuring the deployment of the 112-based eCall service by 1 October 2015. The other main legislative acts linked to this eCall initiative are:

· Commission Recommendation 2011/750/EU of 8 September 2011 on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (‘eCalls’) i

· Commission Delegated Regulation (EU) No 305/2013 of 26.11.2012 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regards to the harmonised provision for an interoperable EU-wide eCall i

· Proposal for Decision (EU) No…/.. of xx.xx.20xx of the European Parliament and of the Council on the deployment of the interoperable EU-wide eCall i

These different texts are complementary and together will allow for the 112 eCall service to be fully operational by 1 October 2015.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



2.1.        Consultations with the interested parties

This proposal is the result of extensive consultations with major stakeholders:

The stakeholders, and notably the CARS21 High Level Group, were consulted during the process that led to the adoption of the “CARS 2020: action plan for a competitive and sustainable European car industry”. More precisely, this proposal constitutes a delivery of the action: “further promote the deployment of Intelligent Transport Systems (ITS), including cooperative systems, in particular the EU-wide in-vehicle emergency call system eCall".

This proposal also takes into consideration all the consultations made in the eCall Impact Assessment. These consultations include, in particular, extensive contributions from stakeholders involved in several fora such as the European eCall Implementation Platform (EeIP), the eCall Public Service Answering Points (“PSAPs”) expert Group and the eCall Driving Group within the eSafety/i-Mobility Forum, and a public consultation on the implementation of eCall that was open from 19 July to 19 September 2010.

Finally, this proposal takes into consideration the opinion of the European ITS Advisory Group, composed of 25 high level representatives from ITS service providers, associations of users, transport and facilities operators, manufacturing industry, social partners, professional associations, local authorities and other relevant fora.

2.2.        Impact assessment and cost-benefit analysis

An extensive cost-benefit analysis was conducted as part of the eCall Impact Assessment for the three proposed options, including the preferred option on regulatory measures.

As far as the cost-benefit analysis of the chosen option (option 3) is concerned, each of the three planned eCall regulatory measures (in-vehicle, telecommunication, PSAP) is inseparable from the other two.

2.2.1.     Analysis of main benefits

The benefits identified through the impact assessment and several studies, including national ones, include:

– Reduction of fatalities (with all vehicles eCall-equipped, between 1% and 10% depending on country population density, road and emergency response infrastructure);

– Reduction of seriousness of the injuries (between 2% and 15%);

– Reduction of congestion costs caused by traffic accidents. This is due to the improvement of accident management, as the accident is immediately notified to the PSAPs and can therefore be transferred to the appropriate Traffic Management Control, which can immediately inform other road users, and help reduce secondary accidents;

– Facilitation of rescue services and increased security of rescue team (e.g. fire-fighters) when extracting trapped occupants, as the Minimum Set of Data (“MSD”) in the eCall message will, among others, provide information on the fuel type;

– Reduced SOS roadside infrastructure, as each road user would be able to trigger an emergency call from their vehicle.

2.2.2.     Cost–benefit ratio

Benefits have also been quantified in monetary values and a cost-benefit analysis drawn for the different options as well for types of affected categories. The estimations are calculated up to year 2033 as this is the expected year of full penetration of the eCall service in case of the preferred policy option.

|| Policy option 1 No EU action| Policy Option 2 Voluntary approach| Policy Option 3 Regulatory measures

Benefit-Cost Ratio| 0.| 0.| 1.74

2.

LEGAL ELEMENTS OF THE PROPOSAL



3.1.        Legal basis

The legal basis is article 114 of the Treaty on the Functioning of the European Union.

3.2.        Subsidiarity and proportionality

According to the principle of subsidiarity (Article 5.3 Treaty on the European Union), action at Union level should be taken only when the aims envisaged cannot be achieved sufficiently by Member States alone and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Union.

Road safety is an issue of major concern across the entire European Union and for all of its citizens. The purpose of the interoperable EU-wide eCall initiative is ultimately to introduce in all vehicles in the EU the minimum functionalities needed to ensure adequate handling of the emergency calls by the emergency response services. Currently, road journeys exceed 100 million annually across the various Member States and they are increasing due to further consolidation of the European Union (through the free movement of goods, persons and services). Action is needed at EU level in order to guarantee interoperability and continuity of the service throughout Europe, which cannot be satisfactorily achieved by individual Member States alone. Moreover, taking action at EU level using common European eCall standards approved by the European Standardisation Organisations (CEN and ETSI) will ensure the efficient provision of the emergency response service across Europe, for example in the case of vehicles travelling abroad, and also help to avoid market fragmentation.

The EU-wide eCall has been designed in such a way as to minimise the impact on all the stakeholders in the value chain (automotive industry, mobile network operators, Member States - PSAPs), and to distribute this impact fairly.

3.3.        Detailed explanation of the proposal

Articles 2, 4 and 5:

The proposal requires new types of passenger cars and light commercial vehicles to be constructed as to ensure that in the event of a severe accident an emergency call (eCall) to the 112 is triggered automatically. It must also be possible to trigger manually emergency calls (eCalls) to the 112.

Article 6:

Due to the nature of the information being provided by this service, rules for privacy and data protection are provided.

Articles 5, 6 and 8:

The Commission is empowered to adopt delegated acts relating to:

· Detailed technical requirements and tests for the type-approval of the eCall in-vehicle systems, which will be based on the standards referred to in Article 5;

· privacy and data protection;

· exemptions for special purpose vehicles and for other justified cases. The exemptions will be limited in number.

Article 12:

The Regulation will apply from 1 October 2015.

3.

BUDGETARY IMPLICATION



There are no budgetary implications for the EU budget.

5. OPTIONAL ELEMENTS

The proposed act concerns an EEA matter and should therefore extend to the European Economic area.