Activities of Jens GIESEKE related to 2021/0419(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council Amending Directive 2010/40/EU on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport
Amendments (21)
Amendment 44 #
Proposal for a directive
Recital 7
Recital 7
(7) In the context of the implementation of Commission Delegated Regulations39 supplementing Directive 2010/40/EU, Member States have established national access points40 (NAPs). The NAPs organise the access to and reuse of transport related data to help support the provision of EU-wide interoperable travel and traffic ITS services to end users. These NAPs are an important component of the common European mobility data space under the European strategy for data41 and should be relied upon in particular as regards the accessibility of metadata and data. __________________ 39 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 (OJ L 247, 18.9.2013, p. 1); Commission Delegated Regulation (EU) No 886/2013 of 15 May 2013 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to data and procedures for the provision, where possible, of road safety-related minimum universal traffic information free of charge to users (OJ L 247, 18.9.2013, p. 6); Commission Delegated Regulation (EU) 2015/962 of 18 December 2014 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide real-time traffic information services (OJ L 157, 23.6.2015, p. 21); and Commission Delegated Regulation (EU) 2017/1926 of 31 May 2017 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide multimodal travel information services (OJ L 272, 21.10.2017, p. 1). 40 https://transport.ec.europa.eu/transport- themes/intelligent-transport- systems/road/action-plan-and- directive/national-access-points_en 41 COM(2020) 66 final0066.
Amendment 47 #
Proposal for a directive
Recital 8
Recital 8
(8) To ensure a coordinated and, effective and interoperable deployment of ITS within the Union as a whole, specifications including, where appropriate, standards, laying down further detailed provisions and procedures should be introduced, in addition to already adopted specifications. Before adopting any additional or revised specifications, the Commission should assess their compliance with certain defined principles set out in Annex II. Priority should be given in the first instance to the four main areas of ITS development and deployment. During further implementation of ITS the existing ITS infrastructure deployed by a particular Member State should be taken into account in terms of technological progress and financial efforts made. If appropriate, it should be ensured, in particular for C-ITS, that requirements for ITS systems neither impose nor discriminate in favour of the use of a particular type of technology.
Amendment 53 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
Amendment 55 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) The ongoing ITS deployment creates legitimate expectations among stakeholders and their investments. In order to encourage investments in ITS and provide legal certainty, the legitimate expectations of stakeholders should always be considered when discussing future technological developments in the field of ITS.
Amendment 57 #
Proposal for a directive
Recital 10
Recital 10
(10) The specifications should foster innovation. The increased availability of data should for example lead to the development of new ITS services, and vice-versa innovation should identify the needs for future specifications. New technologies, in particular C-ITS, should always be tested under real world conditions in order to ensure reliability prior to deployment. The European Partnership on cooperative, connected and automated mobility under Horizon Europe should support the development and testing of the next wave of C-ITS services, helping the integration of highly automated vehicles in new multimodal mobility services.
Amendment 66 #
Proposal for a directive
Recital 15
Recital 15
(15) When the deployment and use of ITS applications and services entail the processing of personal data, such processing should be strictly carried out according to Union law on the protection of personal data and privacy, as set out, in particular, in Regulation (EU) 2016/679 of the European Parliament and of the Council49 and in Directive 2002/58/EC of the European Parliament and of the Council50 . __________________ 49 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 50 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 68 #
Proposal for a directive
Recital 16
Recital 16
(16) Where they involve the processing of personal data, the specifications to be developed under this Directive should takeadhere to the requirements of Regulation (EU) 2016/679 and Directive 2002/58/EC into account. In particular, whenever it is possible to equally achieve the purposesas soon as the purpose of the processing can also be achieved without reference to a puersued using anonymous insteadon and anonymization ofr personal data, anonymisseudonymization is technically possible, anonymisation or pseudonymization as one of the techniques for enhancing individuals’ privacy should be encouragedtake place, in line with the principle of data protection by design.
Amendment 77 #
Proposal for a directive
Recital 22
Recital 22
(22) Member States and other relevant stakeholders, including other Commission expert groups and committees dealing with digital aspects of transport, ITS service providers, associations of ITS users, transport and facilities operators and representatives of the manufacturing industry, should be consulted in the drawing up of the working programmes adopted by the Commission under Directive 2010/40/EU.
Amendment 80 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission and the Member States should take the necessary measures to ensure the cooperation with third- countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated. The European Commission should also foster the cooperation on the international level.
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/40/EU
Article 3
Article 3
(2a) Article 3 is amended as follows: ‘Article 3 Priority actions Within the priority areas the following shall constitute priority actions for the development and use of specifications and standards, as set out in Annex I: (a) the provision of EU-wide multimodal travel information services; (b) the provision of EU-wide real-time traffic information services; (c) data and procedures for the provision, where possible, of road safety related minimum universal traffic information free of charge to users; (d) the harmonised provision for an interoperable EU-wide eCall; (e) the provision of information services for safe and secure parking places for trucks and commercial vehicles; (f) the provision of reservation services for safe and secure parking places for trucks and commercial vehicles; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0040-20180109)(g) the adoption of specifications for Cooperative Intelligent Transport Services.’; Or. en
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2010/40/EU
Article 7 – paragraph 1a
Article 7 – paragraph 1a
1a. Following a cost-benefit analysis and an impact assessment including appropriate consultationwith a special focus on the impact on SMEs and accompanied by a consultation among stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 12 to amend the list of data types in Annex III, including the date of implementation and the geographical coverage for each data type. Those amendments shall be consistent with the data categories set out in the latest working programme adopted in accordance with Article 17(5).
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2010/40/EU
Article 7 – paragraph 1b
Article 7 – paragraph 1b
1b. Following a cost-benefit analysis taking due account of market developments and technology evolution and an impact assessment including appropriate consultations, the Commission is empowered to adopt delegated acts in accordance with Article 12with a special focus on the impact on SMEs and accompanied by a consultation among stakeholders, the Commission may submit a legislative proposal to amend the list of ITS services in Annex IV, including the date of implementation and the geographical coverage for each ITS service. Those amendmentSuch proposals shall be consistent with the list of ITS services set out in the latest working programme adopted in accordance with Article 17(5).’;
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/40/EU
Article 7a – paragraph 1
Article 7a – paragraph 1
1. In the event of an emergency situation having a severe direct impact on road safety, cyber security or the availability and integrity of ITS services, and which may compromise the safe and proper functioning of the Union transport system, in order to remedy that situation the Commission maythe Commission may, at the request of a Member State, the European Parliament or on its own initiative, adopt immediately applicable implementing acts suspending or establishing obligations within the scope of the priority areas set under Article 2. Those i2. Implementing acts shall be adopted in accordance with paragraph 1 shall be adopted through the procedure referred to in Article 15(3). They shall be strictly limited to addressing the causes and consequences of such emergency situations.; The Commission shall repeal those implementing acts once it deems that the emergency situation has ended or the relevant specifications have been amended. Implementing acts adopted pursuant to this Article shall be valid for a maximum period of six months. A prolongation of emergency implementing acts shall be possible. 3. The Commission shall inform the European Parliament and the Member States as soon as it considers that an emergency situation has occurred. Likewise, the Commission shall inform the European Parliament and the Member States once it considers that the emergency situation has ended. Throughout this process, the Commission shall be in constant consultation with national experts, the European Parliament, the ITS Advisory Group and other relevant stakeholders as referred to in recital 22.’;
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/40/EU
Article 10 – paragraph 1
Article 10 – paragraph 1
Where specifications adopted pursuant to Article 6 concern the processing of traffic, travel or road data that are personal data as defined in Article 4, point (1) of Regulation (EU) 2016/679*, they shall lay down the categories of those data and provide for appropriate personal data protection safeguards pursuant to Regulation (EU) 2016/679 and Directive 2002/58/EC. Where appropriate, the use of anonymous data shall be encouragedAs soon as the purpose of the processing can also be achieved without reference to a person and anonymization or pseudonymization is technically feasible, the use of anonymous or pseudonomized data shall take place.
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
2010/40/EU
Article 12 – paragraph 4
Article 12 – paragraph 4
(12a) Article 12(4) is amended as follows: ‘4. Before adopting a delegated act, the Commission shall consult the European ITS Advisory Group, other relevant stakeholders as referred to in Recital 22 and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. ’; Or. en (2010/40/EU)
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/40/EU
Article 17 – paragraph 5
Article 17 – paragraph 5
5. By [Date of entry into force + 12 months], the Commission shall, after consulting relevant stakeholders andthe European ITS Advisory Group and relevant stakeholders as referred to in recital 22, by means of an implementing act, adopt a working programme. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(4). The working programme shall include objectives and dates for its implementation every year, as well as the list of data categories and ITS services for which the Commission may adopt delegated acts pursuant to Article 7(1a) and (1b)or present a new legislative proposal.
Amendment 144 #
Proposal for a directive
Annex I – point 3 – paragraph 1 – point 3.1 – paragraph 1 – point 3.1.3 a (new)
Annex I – point 3 – paragraph 1 – point 3.1 – paragraph 1 – point 3.1.3 a (new)
Directive 2010/40/EU
Annex I – point 2 – paragraph 1 – point 2.4 – paragraph 1 – point 3.1.3 a (new)
Annex I – point 2 – paragraph 1 – point 2.4 – paragraph 1 – point 3.1.3 a (new)
3.1.3a. Ensure the rapid adaptation of Regulation (EU) 2018/858 in order to include Next Generation eCall technologies.
Amendment 147 #
Proposal for a directive
Annex I – point 3 – paragraph 1 – point 3.1 – paragraph 1 – point 3.1.3 b (new)
Annex I – point 3 – paragraph 1 – point 3.1 – paragraph 1 – point 3.1.3 b (new)
Directive 2010/40/EC
Annex I – point 3 – paragraph 1 – point 3.1 – paragraph 1 – point 3.1.3 b (new)
Annex I – point 3 – paragraph 1 – point 3.1 – paragraph 1 – point 3.1.3 b (new)
3.1.3b. The European Commission and the Member States should work with Mobile Network Operators and other stakeholders to find a solution for the functioning of eCall systems in vehicles coming on the market before the Next Generation eCall standard has been approved and inserted in the EU type approval regulation. The functioning of CS eCall systems shall at least be ensured for the duration of the expected life-cycle of the last vehicles placed on the market with such a system.
Amendment 154 #
Proposal for a directive
Annex 2 – table 1 – column 4 – row 5
Annex 2 – table 1 – column 4 – row 5
Directive 2010/40/EU
Annex 2 – table 1 – column 4 – row 5
Annex 2 – table 1 – column 4 – row 5
ensure that systems, applications, services, and the underlying business processes have the capacity to exchange data and to share information and knowledge to enable effective share in a standardised format, between C-ITS service deliveryproviders, including the infrastructure;’
Amendment 159 #
Proposal for a directive
Annex 2 – table 1 – column 4 – row 9
Annex 2 – table 1 – column 4 – row 9
Directive 2010/40/EU
Annex 2 - table 1 – column 4 – row 9
Annex 2 - table 1 – column 4 – row 9
demonstrate, after appropriate risk assessment, including tests under real life conditions, across vehicle manufacturers and infrastructure providers, the robustness of innovative ITS systems, through a sufficient level of technical development and operational exploitation, as a basis for compliance assessment schemes;’
Amendment 168 #
Proposal for a directive
Annex 2 – table 1 – row 13 a (new)
Annex 2 – table 1 – row 13 a (new)
Directive 2010/40/EU
Annex 2 - row 13 a (new)
Annex 2 - row 13 a (new)
(ma) Ensure that specifications adopted are technology neutral, especially specifications on C-ITS, which should adhere to the restriction outlined in the European Electronic Communications Code 2018/1972. Restrictions to the principle of technology neutrality should be appropriate and justified by the need to avoid harmful interference, for example by imposing emission masks and power level; to ensure the protection of public health by limiting public exposure to electromagnetic fields; to ensure the proper functioning of services through an adequate level of technical quality of service, while not necessarily precluding the possibility of using more than one service in the same radio spectrum band, to ensure proper sharing of radio spectrum, in particular where its use is subject only to general authorisations, to safeguard efficient use of radio spectrum, or to fulfil a general interest objective in accordance with Union law.