Commission Delegated Regulation (EU) 2022/670 of 2 February 2022 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 (Text with EEA relevance)
Subject matter and scope
1. This Regulation establishes the specifications necessary in order to ensure the accessibility, exchange, re-use and update of data by data holders and data users for the provision of EU-wide real-time traffic information services, and to ensure that these services are accurate and available across borders to end-users.
2. This Regulation applies to the entire road network that is publicly accessible to motorised traffic. By way of exception, it shall not apply to private roads, unless they are part of the comprehensive TEN-T network or they are designated as a motorway or as a primary road.
3. This Regulation shall apply in accordance with Article 5 of Directive 2010/40/EU.
Definitions
For the purposes of this Regulation, the definitions in Article 4 of Directive 2010/40/EU shall apply.
The following definitions shall also apply:
(1)
‘core trans-European road network’ means the road transport infrastructure that is part of the core network as defined in Regulation (EU) No 1315/2013;
(2)
‘comprehensive trans-European road network’ means the road transport infrastructure that is part of the comprehensive network as defined in Regulation (EU) No 1315/2013;
(3)
‘motorway’ means a road which is designated as such by the Member State in which it is located;
(4)
‘accessibility of the data’ means a possibility to request and obtain the data at any time in a digital machine-readable format;
(5)
‘static data’ means data that do not change often or on a regular basis;
(6)
‘dynamic data’ means data that change often or on a regular basis;
(7)
‘data update’ means any modification of the existing data, including its deletion or insertion of new or additional elements;
(8)
‘real-time traffic information’ means information derived from any data on the infrastructure, data on regulations and restrictions, data on the state of the network and data on the real-time use of the network, or the combination thereof;
(9)
‘real-time traffic information service’ means an ITS service that provides end-users immediately with real-time traffic information;
(10)
‘road authority’ means any public authority responsible for the planning, control or management of roads falling within its territorial competence;
(11)
‘road operator’ means any public or private entity that is responsible for the maintenance and management of the road and management of traffic flows;
(12)
‘service provider’ means any public or private provider of a real-time traffic information service, excluding a mere conveyer of data to data users;
(13)
‘tolling operator’ means any public or private entity taking the role of toll service provider or toll charger as defined in Directive (EU) 2019/520 of the European Parliament and of the Council ( 13 ) ;
(14)
‘data holder’ means any legal person, data subject or public or private entity who has the right to grant access to or to share the data types listed in the Annex under its control, in accordance with applicable Union or national law;
(15)
‘data user’ means any road authority, road operator, tolling operator, service provider and digital map producer or any other entity using data to create real-time traffic information or, where allowed by the terms and conditions determined by the data holder, using the data for other mobility related purposes;
(16)
‘end-user’ means any road user, natural or legal person, who has access to real-time traffic information services;
(17)
‘access point’ means a digital interface where data listed in the Annex, together with the corresponding metadata, are made accessible for re-use to data users, or where the sources and metadata of these data are made accessible for re-use to data users;
(18)
‘metadata’ means a structured description of the contents of the data facilitating the discovery and use of this data;
(19)
‘discovery services’ means services allowing for the search of the requested data using the contents of the corresponding metadata and displaying such contents;
(20)
‘temporary traffic management measures’ means temporary measures intended to solve a given traffic disturbance and designed for example to control and guide traffic flows;
(21)
‘traffic circulation plans’ means permanent traffic management measures that are designed by traffic managers to control and guide traffic flows in response to permanent or recurring traffic disturbances;
(22)
‘traffic signs’ means any road sign, signal, device, notice or road marking that identifies a danger, advises persons of the precautions to be taken against such danger, indicates the existence of a road regulation or implements such a regulation, following the Vienna Convention on Road Signs and Signals;
(23)
‘primary roads’ means a road outside urban areas that connects major cities or regions, or both, not classified as part of the comprehensive trans-European road network or as a motorway;
(24)
‘private roads’ means a road not owned by a public road or transport authority, excluding roads owned by a public road or transport authority but assigned to a private entity in the form of a management concession;
(25)
‘data on infrastructure’ means data that describes the road network or facilities on or along the road network;
(26)
‘data on regulations and restrictions’ means data that relates to a traffic regulation or a restriction applicable to vehicles on the road network;
(27)
‘data on the state of the network’ means data that describes temporary situations which could prevent or slow travel or can inform the end-user in dangerous situations;
(28)
‘data on the real-time use of the network’ means data that describes the current use of the road network and usage options on the road network;
(29)
‘crucial data types’ means data types which are considered crucial for the benefit of increased reliability of real-time traffic information services, supporting safe and efficient door-to-door travel and future mobility services;
(30)
‘in-vehicle generated data’ means any data created by the vehicle or by an on-board device embedded in the vehicle or personal devices offering ITS-applications while the vehicle is in use;
(31)
‘holder of in-vehicle generated data’ means any entity engaged in in-vehicle generated data collection, aggregation or other types of processing to fulfil privacy requirements;
(32)
‘FRAND (Fair, Reasonable and Non-Discriminatory) conditions’ means licence terms negotiated in good faith, allowing access to services or data in exchange of a fair reward, under the same or similar terms as determined with other users.
National Access Points
1. Each Member State shall set up a national access point. The national access point shall constitute a single point of access for data users to the data listed in the Annex, including data updates, provided by the data holders as referred to in Articles 4 to 11 and concerning the territory of a given Member State.
2. Existing national or common access points that have been set up to comply with Article 3 of Delegated Regulation (EU) 2015/962 or with the requirements arising from other delegated acts adopted under Directive 2010/40/EU may be used as national access points for the purposes of this Regulation if deemed appropriate by the Member States.
3. National access points shall provide discovery services to data users, for example services allowing for the search of the requested data using the contents of the corresponding metadata and displaying such contents.
4. Public and private data holders shall ensure that they provide the metadata in order to allow data users to discover and use datasets via national access points.
5. Two or more Member States may set up a common access point.
6. Any entity providing data via the National Access Point can do so by proxy in accordance with applicable agreements, for example through a third party database or aggregator. This does not relieve the original data holder of responsibilities regarding the quality of the original data being provided.
Accessibility, exchange and re-use of data on infrastructure
1. For the purpose of facilitating the provision of compatible, interoperable, and continuous real-time traffic information services across the Union, road authorities, road operators, tolling operators and recharging and refuelling-related stakeholders shall provide the data on infrastructure listed in the Annex they collect in a standardised format such as the INSPIRE data specification on transport networks, TN-ITS (CEN/TS17268 and subsequently upgraded versions) or DATEX II (EN 16157, CEN/TS 16157 and subsequently upgraded versions). Any update to this data shall be carried out pursuant to Article 8.
If additional or alternative standards are to be defined, the following conditions shall apply:
—
Member States shall cooperate in order to define these additional or alternative standards;
—
digital machine-readable formats shall be compatible with existing standards referred to in the first sentence of this paragraph.
2. The data referred to in paragraph 1 and the corresponding metadata including information on the quality thereof shall be accessible for exchange and re-use by any data user within the Union:
(a)
on a non-discriminatory basis;
(b)
following minimum quality requirements that Member States shall agree upon in cooperation with relevant stakeholders;
(c)
within a time-frame fitting to the reliable and effective use of the data to create real-time traffic information;
(d)
via the national or common access point referred to in Article 3.
3. Data users using the data referred to in paragraph 1 and data holders shall collaborate in order to ensure that any inaccuracies related to the data are signalled without delay to the data holder from which the data originates.
Accessibility, exchange and re-use of data on regulations and restrictions
1. For the purpose of facilitating the provision of compatible, interoperable, and continuous real-time traffic information services across the Union, road authorities, road operators and tolling operators shall provide the data on regulations and restrictions listed in the Annex they collect in DATEX II (EN 16157, CEN/TS 16157 and subsequently upgraded versions) or TN-ITS (CEN/TS 17268 and subsequently upgraded versions) format. Any update to this data shall be carried out pursuant to Article 9.
If additional or alternative standards are to be defined, the following conditions shall apply:
—
Member States shall cooperate in order to define these additional or alternative standards;
—
digital machine-readable formats shall be compatible with existing standards referred to in the first sentence of this paragraph.
2. The data referred to in paragraph 1 and the corresponding metadata including information on the quality thereof shall be accessible for exchange and re-use by any data user within the Union:
(a)
on a non-discriminatory basis;
(b)
following minimum quality requirements that Member States shall agree upon in cooperation with relevant stakeholders;
(c)
within a time-frame fitting to the reliable and effective use of the data to create real-time traffic information;
(d)
via the national or common access point referred to in Article 3.
3. Data users using the data referred to in paragraph 1 and data holders shall collaborate in order to ensure that any inaccuracies related to the data are signalled without delay to the data holder from which the data originates.
4. Service providers shall process and include, in the relevant services they provide, without additional costs to the end-user, data on any traffic circulation plans and traffic regulations and restrictions developed by the competent authorities and made accessible via the national or common access point in a digital machine-readable format.
Accessibility, exchange and re-use of data on the state of the network
1. For the purpose of facilitating the provision of compatible, interoperable, and continuous real-time traffic information services across the Union, road authorities, road operators, holders of in-vehicle generated data and service providers shall provide the data on the state of the network listed in the Annex they collect in DATEX II (EN 16157, CEN/TS 16157 and subsequently upgraded versions) format. Any update to this data shall be carried out pursuant to Article 10.
If additional or alternative standards are to be defined, the following conditions shall apply:
—
Member States shall cooperate in order to define these additional or alternative standards;
—
digital machine-readable formats shall be compatible with existing standards referred to in the first sentence of this paragraph.
2. The data referred to in paragraph 1 and the corresponding metadata including information on the quality thereof shall be accessible for exchange and re-use by any data user within the Union:
(a)
on a non-discriminatory basis when provided by road authorities and road operators;
(b)
following minimum quality requirements that Member States shall agree upon in cooperation with relevant stakeholders;
(c)
within a time-frame fitting to the reliable and effective use of the data to create real-time traffic information;
(d)
via the national or common access point referred to in Article 3;
(e)
without any obligation on holders of in-vehicle generated data and private service providers to grant access to or share any of their data with private data users. Exchange and re-use of their data may be subject to terms and conditions determined by the private data holder.
3. Data users using the data referred to in paragraph 1 and data holders shall collaborate in order to ensure that any inaccuracies related to the data are signalled without delay to the data holder from which the data originates.
4. Service providers shall process and include, without additional costs to the end-user, in the relevant services they provide, any temporary traffic management measures developed by the competent authorities and made accessible via the national or common access point in a digital machine-readable format.
5. For the purpose of providing appropriate information directly to the end-users and optimising road maintenance and road safety, road authorities and road operators may request holders of in-vehicle generated data and service providers to provide the data types on the state of the network they collect and update pursuant to Article 10. Where, in response to a request from a road authority or road operator, the data holder makes the data accessible, FRAND (Fair, Reasonable And Non-Discriminatory) conditions shall apply. The data shall be provided in DATEX II (EN 16157, CEN/TS 16157 and subsequently upgraded versions) format or any digital machine-readable format agreed upon by Member States, accompanied by the corresponding metadata including information on the quality thereof.
6. Data on the state of the network that has been archived by road authorities or road operators may be used for purposes of road infrastructure safety management and network-wide road safety assessments. Unless prohibited by licence agreements, this data shall be made accessible for exchange and re-use, on a non-discriminatory basis, via the national or common access point referred to in Article 3.
7. Within the limits of applicable licence agreements, predictive data on the state of the network that has been computed by road authorities or road operators, shall be made accessible for exchange and re-use, on a non-discriminatory basis, via the national or common access point referred to in Article 3.
8. Member States shall collaborate on defining common standards for the exchange and re-use of data referenced in paragraphs 6 and 7.
Accessibility, exchange and re-use of data on the real-time use of the network
1. For the purpose of facilitating the provision of compatible, interoperable, and continuous real-time traffic information services across the Union, road authorities, road operators, service providers, holders of in-vehicle generated data and recharging and refuelling-related stakeholders shall provide the data on the real-time use of the network listed in the Annex they collect in DATEX II (EN 16157, CEN/TS 16157 and subsequently upgraded versions) format. Any update to this data shall be carried out pursuant to Article 11.
If additional or alternative standards are to be defined, the following conditions shall apply:
—
Member States shall cooperate in order to define these additional or alternative standards;
—
digital machine-readable formats shall be compatible with existing standards referred to in the first sentence of this paragraph.
2. The data referred to in paragraph 1 and the corresponding metadata including information on the quality thereof shall be accessible for exchange and re-use by any data users within the Union:
(a)
on a non-discriminatory basis when provided by road authorities and road operators;
(b)
following minimum quality requirements that Member States shall agree upon in cooperation with relevant stakeholders;
(c)
within a time-frame fitting to the reliable and effective use of the data to create real-time traffic information;
(d)
via the national or common access point referred to in Article 3;
(e)
without any obligation on holders of in-vehicle generated data and private service providers to grant access to or share any of their data with private data users. Exchange and re-use of their data may be subject to terms and conditions determined by the private data holder.
3. For the purpose of providing appropriate information directly to end-users and optimising traffic management and road safety, road authorities and road operators may request holders of in-vehicle generated data and service providers to provide the data types on the real-time use of the network they collect and update pursuant to Article 11. Where, in response to a request from a road authority or road operator, the data holder makes the data accessible, FRAND (Fair, Reasonable And Non-Discriminatory) conditions shall apply. The data shall be provided in DATEX II (EN 16157, CEN/TS 16157 and subsequently upgraded versions) format or any digital machine-readable format agreed upon by Member States, accompanied by the corresponding metadata including information on the quality thereof.
4. Data on the real-time use of the network that has been archived by road authorities or road operators may be used for purposes of road infrastructure safety management and network-wide road safety assessments. Unless prohibited by licence agreements, this data shall be made accessible for exchange and re-use, on a non-discriminatory basis, via the national or common access point referred to in Article 3.
5. Within the limits of applicable licence agreements, predictive data on the real-time use of the network that has been computed by road authorities or road operators, shall be made accessible for exchange and re-use on a non-discriminatory basis, via the national or common access point referred to in Article 3.
6. Member States shall collaborate on defining common standards for the exchange and re-use of data referenced in paragraphs 4 and 5.
Updating data on infrastructure
1. The updates of the data on infrastructure shall concern as a minimum the following parameters:
(a)
the type of data as set out in point 1 of the Annex concerned by the update;
(b)
the location of the condition concerned by the update;
(c)
the type of update (modification, insertion or deletion);
(d)
the description of the update, containing the updated value(s) and field(s) and updated information, and where relevant, the reasons for replacing the outdated value(s) and field(s);
(e)
the date on which the data has been updated;
(f)
the date and time when the change in a given condition has occurred or is planned to occur;
(g)
the quality of the data update as defined in quality requirements that Member States shall agree upon in cooperation with relevant stakeholders.
The location of the condition concerned by the update shall be determined using a standardised or any other widely used and generally accepted dynamic location referencing method that enables unambiguous decoding and interpretation of that location.
2. The relevant data holders shall ensure the update of data on infrastructure within a timeframe fitting to the reliable and effective use of the data in real-time traffic information services and, where known and possible, provide those updates to data users in advance.
3. The relevant data holders shall in a timely manner correct any inaccuracies detected by them in their data or signalled to them by any data users and end-users.
4. When digital map producers and service providers present information to end users, they shall ensure that relevant data updates on infrastructure are processed within a timeframe fitting to the reliable and effective use of the data in real-time traffic information services.
Updating data on regulations and restrictions
1. The updates of the data on regulations and restrictions shall concern as a minimum the following parameters:
(a)
the type of data as set out in points 2 and 3 of the Annex concerned by the update;
(b)
the location of the condition concerned by the update;
(c)
the type of update (modification, insertion or deletion);
(d)
the description of the update, including the period of occurrence of the event and condition(s) imposed, for example on certain types of vehicles, concerned by the update;
(e)
the date on which the data has been updated;
(f)
the date and time when the change in a given condition has occurred or is planned to occur;
(g)
the quality of the data update as defined in quality requirements that Member States shall agree upon in cooperation with relevant stakeholders.
The location of the condition concerned by the update shall be determined using a standardised or any other widely used and generally accepted dynamic location referencing method that enables unambiguous decoding and interpretation of this location.
2. The relevant data holders shall ensure the update of data on regulations and restrictions within a timeframe fitting to the reliable and effective use of the data in real-time traffic information services and, where known and possible, provide these updates to data users in advance.
3. The relevant data holders shall in a timely manner correct any inaccuracies detected by them in their data or signalled to them by any data users and end-users.
4. When digital map producers and service providers present information to end users, they shall ensure that relevant data updates on regulations and restrictions are processed within a timeframe fitting to the reliable and effective use of the data in real-time traffic information services.
5. The real-time traffic information shall be modified accordingly or withdrawn as soon as possible after the status of the data concerned has changed.
Updating data on the state of the network
1. The updates of the data on the state of the network shall concern as a minimum the following parameters:
(a)
the type of data as set out in points 4 and 5 of the Annex concerned by the update and, where appropriate, a short description of it;
(b)
the location of the event or condition concerned by the update;
(c)
the period of occurrence of the event or condition concerned by the update;
(d)
the quality of the data update as defined in quality requirements that Member States shall agree upon in cooperation with relevant stakeholders.
The location of the event or condition concerned by the update shall be determined using a standardised or any other widely used and generally accepted dynamic location referencing method that enables unambiguous decoding and interpretation of this location.
2. The relevant data holders shall ensure the update of data on the state of the network within a timeframe fitting to the reliable and effective use of the data in real-time traffic information services and, where known and possible, provide these updates in advance.
3. The relevant data holders shall in a timely manner correct any inaccuracies detected by them in their data or signalled to them by any data users and end-users.
4. The real-time traffic information shall be modified accordingly or withdrawn as soon as possible after the status of data concerned has changed.
5. When service providers present information to end users, they shall ensure that relevant data updates on the state of the network are processed within a timeframe fitting to the reliable and effective use of the data in real-time traffic information services.
Updating data on the real-time use of the network
1. The updates of the data on the real-time use of the network shall include as a minimum the following parameters:
(a)
the type of data as set out in point 6 of the Annex concerned by the update and, where appropriate, a short description of it;
(b)
the location of the event or condition concerned by the update;
(c)
the quality of the data update as defined in quality requirements that Member States shall agree upon in cooperation with relevant stakeholders.
The location of the event or condition concerned by the update shall be determined using a standardised or any other widely used and generally accepted dynamic location referencing method that enables unambiguous decoding and interpretation of this location.
2. The real-time traffic information or related data shall be modified accordingly or withdrawn as soon as possible after the status of the data concerned has changed.
3. When service providers present information to end users, they shall ensure that data updates on the real-time use of the network are processed within a timeframe fitting to the reliable and effective use of the data in real-time traffic information services.
Assessment of compliance
1. Member States shall assess whether the requirements set out in Articles 3 to 11 are complied with by the data holders and data users to which these articles apply in accordance with paragraphs 2 and 3.
2. In order to proceed to the assessment, the competent authorities of Member States may request from any data holders and data users the following documents:
(a)
a description of the data, digital map or real-time traffic information services they provide as well as the information on the quality thereof and the conditions of re-use of these data;
(b)
an evidence-based declaration of compliance with the requirements set out in Articles 3 to 11.
3. Member States shall randomly check the correctness of the declarations referred to in point (b) of paragraph 2.
Reporting
1. By 1 January 2023 at the latest, Member States shall provide the Commission with the list and map visualisation of roads included in the primary road network.
2. Member States shall provide the Commission with the following information as part of the progress reports provided for in Article 17(3) of Directive 2010/40/EU:
(a)
the progress made in terms of the accessibility, exchange and re-use of the data types set out in the Annex;
(b)
the geographical scope of the data accessible via the National Access Point, changes to the primary road network and to the data content of real-time traffic information services and their quality, including the criteria used to define this quality and the means used to monitor it;
(c)
the results of the assessment of compliance referred to in Article 12 with the requirements set out in Articles 3 to 11;
(d)
where relevant, a description of changes to the national or common access point.
Transitional provisions
For a transitional period ending on 31 December 2027, obligations related to data types under points 1, 3, 5 and 6 of the Annex shall not apply with respect to roads other than the following:
(a)
comprehensive trans-European road network;
(b)
other motorways not included in comprehensive trans-European road network;
(c)
primary roads.
Repeal
Delegated Regulation (EU) 2015/962 is repealed from 1 January 2025.
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
It shall apply from 1 January 2025.
However, Article 13 shall apply from 1 January 2023.
Supplementary provisions
ANNEXSupplementary provisions
ANNEX
(as referred to in Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 and 14)
(1)
The types of data on infrastructure:
(a)
road network links and their physical attributes:
(i)
geometry;
(ii)
road width;
(iii)
number of lanes;
(iv)
gradients;
(v)
junctions;
(b)
road classification;
(c)
location of tolling stations;
(d)
location of service areas and rest areas;
(e)
location of recharging points for electric vehicles and the conditions for their use;
(f)
location of compressed natural gas, liquefied natural gas, liquefied petroleum gas stations;
(g)
location of refuelling points and stations for all other fuel types;
(h)
location of delivery areas.
(2)
The crucial types of data on regulations and restrictions:
(a)
static and dynamic traffic regulations, where applicable:
(i)
access conditions for tunnels;
(ii)
access conditions for bridges;
(iii)
permanent access restrictions;
(iv)
speed limits;
(v)
freight delivery regulations;
(vi)
overtaking bans on heavy goods vehicles;
(vii)
weight/length/width/height restrictions;
(viii)
one-way streets;
(ix)
boundaries of restrictions, prohibitions or obligations with zonal validity, current access status and conditions for circulation in regulated traffic zones;
(x)
direction of travel on reversible lanes;
(b)
traffic circulation plans.
(3)
Other types of data on regulations and restrictions:
(a)
the location and identification of traffic signs reflecting traffic regulations and identifying dangers:
(i)
access conditions for tunnels;
(ii)
access conditions for bridges;
(iii)
permanent access restrictions;
(iv)
other traffic signs reflecting traffic regulations;
(b)
static and dynamic traffic regulations, where applicable, other than traffic regulations referred to in point (2);
(c)
identification of tolled roads, applicable fixed user charges and available payment methods (including retail channels and fulfilment methods);
(d)
variable road user charges and available payment methods, including retail channels and fulfilment methods.
(4)
The crucial types of data on the state of the network:
(a)
road closures;
(b)
lane closures;
(c)
roadworks;
(d)
temporary traffic management measures.
(5)
Other types of data on the state of the network:
(a)
bridge closures;
(b)
accidents and incidents;
(c)
poor road conditions;
(d)
weather conditions affecting road surface and visibility.
(6)
The types of data on the real-time use of the network:
(a)
traffic volume;
(b)
traffic speed;
(c)
location and length of traffic queues;
(d)
travel times;
(e)
waiting time at border crossings;
(f)
availability of delivery areas;
(g)
availability of recharging points and stations for electric vehicles;
(h)
availability of refuelling points and stations for alternative fuel types;
(i)
price of ad hoc recharging/refuelling.
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