Amendments to Delegated Regulation (EU) 2017/1926
Article 1
Delegated Regulation (EU) 2017/1926 is amended as follows: (1) in Article 1, paragraph 1 is replaced by the following: ‘1. This Regulation establishes the necessary specifications in order to ensure that EU-wide multimodal travel information services are accurate and available across borders to end users.’ ; (2) Article 2 is replaced by the following: ‘Article 2 Definitions For the purposes of this Regulation, the definitions set out in Article 4 of Directive 2010/40/EU and in Article 3 of Regulation (EU) No 1315/2013 shall apply. The following definitions, with respect to multimodal travel and traffic information, shall also apply: (1) “multimodal travel information” means information derived from any static, historic, observed or dynamic travel and traffic data, or any combination thereof, for end users, provided through any communication means, covering at least two modes of transport and allowing the possibility to compare transport modes; (2) “travel information service” means an ITS service, including digital maps, that provides data users, and end users, with travel and traffic information of at least one transport mode; (3) “dynamic travel and traffic data” means data relating to different transport modes that change often, or data on unexpected events or circumstances, as listed in the Annex; (4) “static travel and traffic data” means data relating to different transport modes that do not change often, or data on planned changes, as listed in the Annex; (5) “historic travel and traffic data” means data relating to traffic characteristics, used to calculate average delays, depending on the hour, day and season, which is based on previous measurements, including rate of congestion, average speeds, and average travel times; (6) “observed data” means operational data related to travel and traffic, such as the length of and reason for delays and cancellations, resulting from and collected during service operations; (7) “data user” means any public or private entity, such as transport authorities, transport operators, travel information service providers, digital map producers, transport on demand service providers and infrastructure managers, or any other entity using data listed in the Annex to create multimodal travel information, or where provided by the terms and conditions determined by the data holder, using the data for other purposes; (8) “transport authority” means any public authority responsible for the traffic management or the planning, control or management of a given transport network or transport service, or both, falling within its territorial competence; (9) “transport operator” means any public or private entity that is responsible for the maintenance and management of the transport service; (10) “transport on demand service provider” means any public or private provider of transport on demand service to end users; (11) “data holder” means any legal person, public or private entity, such as transport authorities, transport operators, infrastructure managers or transport on demand service providers, who has the right to grant access to or to share the data under its control, listed in the Annex, in accordance with applicable Union or national law; (12) “transport on demand service” means a service which requires interaction between the transport on demand service provider and the end user before delivery; (13) “end user” means any natural or legal person who has access to travel information services; (14) “metadata” means a structured description of the contents of the data facilitating the discovery and use of the data; (15) “routing result” means the travel itinerary in a digital machine-readable format resulting from an end users’ journey request with reference to the handover point or points used; (16) “handover point” means the station, stop or location at which two travel information services’ routing results are linked to produce a journey; (17) “access point” means a digital interface where data listed in the Annex together with the corresponding metadata are made accessible for reuse to data users, or where the sources and metadata of those data are made accessible for reuse to data users; (18) “data update” means any modification of the existing data, including its deletion or the insertion of new or additional elements; (19) “discovery service” means a service allowing for the search of the requested data using the contents of the corresponding metadata and displaying such contents; (20) “accessibility of the data” means the possibility to request and obtain the data at any time in a digital machine-readable format; (21) “comprehensive trans-European transport network” or “TEN-T” means the transport infrastructure and measures referred to in Article 6(2) of Regulation (EU) No 1315/2013; (22) “timeliness of data” means the availability of up to date data provided to data users and end users sufficiently in advance to be useful; (23) “travel information service provider” means any public or private provider of at least one travel and traffic information, to data users and end users, excluding a mere converter of information; (24) “linking of service” means the connection of local, regional, and national travel information services which are interlinked via technical interfaces to provide routing results or other application programming interfaces (APIs) results based on static, historic, observed and/or dynamic travel and traffic data; (25) “access node” means a pre-defined location where passengers may board or leave scheduled transport or transport on demand.’ ; (3) Article 3 is amended as follows: (a) paragraph 1 is replaced by the following: ‘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 static, historic, observed and dynamic travel and traffic data of different transport modes, including data updates, as set out in the Annex, provided by the data holders within the territory of a given Member State.’ ; (b) paragraphs 3 and 4 are replaced by the following: ‘3. National access points shall provide discovery services to data users. 4. Member States shall reach an agreement, in cooperation with relevant ITS stakeholders, on the metadata requirements. The data holders shall ensure that they provide the metadata on the basis of those requirements.’ ; (c) the following paragraph 6 is added: ‘6. Any entity providing data via the national access point may do so by proxy in accordance with applicable agreements, including through a third-party database or aggregator. That shall not relieve the original data holder of the obligations set out in Articles 3 to 8.’ ; (4) Articles 4, 5 and 6 are replaced by the following: ‘Article 4 Accessibility, exchange and reuse of static, historic and observed travel and traffic data 1. The data holders shall provide, via the national access point set up in accordance with Article 3, access to the static, historic and observed travel and traffic data listed in point 1 of the Annex, of the different transport modes and means by using: (a) for the road transport, the standardised format referred to in Article 4 of Delegated Regulation (EU) 2015/962; (b) for other transport modes, one of the following standards and technical specifications, or any digital machine-readable format that can be proven fully compatible and interoperable with those standards and technical specifications, including for example through automatic converters and validators: (i) NeTEx CEN/TS 16614 and subsequent versions; (ii) the technical specifications set out in Regulation (EU) No 454/2011; (iii) the technical documents published under the authority of the IATA Passenger Services Conference; (iv) Transmodel EN 12896 where there is no reference exchange protocol; (c) for the spatial network the requirements set out in Article 7 of Directive 2007/2/EC. 2. The static, historic and observed travel and traffic data listed in point 1 of the Annex, for which NeTEx and DATEX II are applicable, shall be represented through minimum EU profiles or national profiles. 3. The data holders shall provide static, historic and observed travel and traffic data via the national access point set up in accordance with Article 3 in the required formats in accordance with the following timetable: (a) for the travel and traffic data set out in point 1.1 of the Annex, except for point 1.1(d)(ix), for the comprehensive TEN-T network, by 1 December 2019; (b) for the travel and traffic data set out in point 1.2 of the Annex, except for points 1.2(a)(i) and (iii), and point 1.2(c)(ii), for the comprehensive TEN-T network, by 1 December 2020; (c) for the travel and traffic data set out in point 1.3 of the Annex, except for point 1.3(c)(iii), for the comprehensive TEN-T network, by 1 December 2021; (d) for the travel and traffic data set out in points 1.1, 1.2 and 1.3 of the Annex, except for point 1.1(d)(ix), points 1.2(a)(i), (iii) and (vii), point 1.2(c)(ii), point 1.3(c)(iii), as well as point 1.2(c)(i), and points 1.3(a)(ii) and (iii) for transport on demand, for the other parts of the Union transport network, by 1 December 2023; (e) for the travel and traffic data set out in point 1.1(d)(ix), points 1.2(a)(i), (iii) and (vii), point 1.2(c)(ii), point 1.3(c)(iii), point 1.2(c)(i), and points 1.3(a)(ii) and (iii) for transport on demand of the Annex, for the entire transport network of the Union, by 1 December 2024; (f) for the travel and traffic data set out in point 1.4 of the Annex, for the entire transport network of the Union, by 1 December 2025. 4. APIs providing access to static, historic and observed travel and traffic data listed in the Annex via the national access point set up in accordance with Article 3 shall be publicly accessible to data users, where relevant subject to registration. 5. Data users and data holders shall collaborate in order to ensure that any inaccuracies related to the static, historic and observed travel and traffic data are notified without delay to the data holder from which the data originates. 6. The data provided by data holders via the national access point shall not include personal data as defined in Article 4(1) of Regulation (EU) 2016/679. Article 5 Accessibility, exchange and reuse of dynamic travel and traffic data 1. The data holders shall provide, via the national access point set up in accordance with Article 3, access to the dynamic travel and traffic data listed in points 2.1 and 2.2 of the Annex, of the different transport modes and means by using: (a) for the road transport, the formats referred to in Articles 5 and 6 of Delegated Regulation (EU) 2015/962; (b) for the other transport modes, either of the following standards and technical specifications, or any digital machine-readable format that can be proven fully compatible and interoperable with those standards and technical specifications, including for example through automatic converters and validators: (i) SIRI CEN/TS 15531 and subsequent versions; (ii) the technical specifications set out in Regulation (EU) No 454/2011. 2. The dynamic travel and traffic data referred to in points 2.1 and 2.2 of the Annex, for which SIRI and DATEX II are applicable, shall be represented through minimum EU profiles or national profiles. 3. The data holders shall provide the dynamic travel and traffic data via the national access point set up in accordance with Article 3 in the required formats in accordance with the following timetable: (a) for the travel and traffic data set out in point 2.1 of the Annex, for the comprehensive TEN-T network, by 1 December 2025; (b) for the travel and traffic data set out in point 2.2 of the Annex, for the comprehensive TEN-T network, by 1 December 2026; (c) for the travel and traffic data set out in points 2.1 and 2.2 of the Annex for the other parts of the Union transport network, by 1 December 2028. 4. Each Member State may decide that data holders shall provide the dynamic travel and traffic data of different transport modes listed in point 2.3 of the Annex, within the territory of that Member State, via the national access point set up in accordance with Article 3. In that case, data holders shall use SIRI CEN/TS 15531 and subsequent versions, or any digital machine-readable format that can be proven fully compatible and interoperable with those standards and technical specifications, including for example through automatic converters and validators. 5. APIs that provide access to dynamic travel and traffic data listed in the Annex via the national access point set up in accordance with Article 3 shall be publicly accessible to data users, where relevant subject to registration. 6. Data users and data holders shall collaborate in order to ensure that any inaccuracies related to the dynamic travel and traffic data are notified without delay to the data holder from which the data originates. 7. The data provided by data holders via the national access point shall not include personal data as defined in Article 4(1) of Regulation (EU) 2016/679. Article 6 Data updates 1. Travel information services shall be based on the most recent accessible static, historic, observed and dynamic travel and traffic data. 2. Where changes occur in the data referred to in paragraph 1 to this Article, the data holders shall update the relevant static, historic, observed and dynamic travel and traffic data listed in the Annex and make them accessible via the national access point set up in accordance with Article 3 within a timeframe allowing reliable and effective use of the data in accordance with Article 8. Where the changes are known in advance, the data holders shall also provide those updates to data users in advance. They shall also in a timely manner correct any inaccuracies detected by them in their data or notified to them by any data user or end user.’ ; (5) in Article 7, paragraph 1 is replaced by the following: ‘1. Upon request, travel information service providers shall provide to another travel information service provider routing results based on static, historic, observed and dynamic travel and traffic information.’ ; (6) in Article 8, paragraphs 1 to 4 are replaced by the following: ‘1. The travel and traffic data listed in the Annex and the corresponding metadata including information on the quality thereof shall be accessible for exchange and reuse within the Union on a non-discriminatory basis, via the national access point set up in accordance with Article 3 and within a timeframe allowing reliable and effective reuse of the data. Such data shall be accurate and up to date and based on minimum data quality requirements. To that effect, Member States, in cooperation with relevant ITS stakeholders, shall reach an agreement on such minimum data quality requirements. 2. The data referred to in paragraph 1 shall be reused in a neutral manner, without discrimination or bias, towards the data holder. Criteria used for ranking travel options of different transport modes or combinations thereof, or both, shall be transparent and not be based on any factor directly or indirectly relating to the data user or end user identity or, if any, the commercial consideration related to the reuse of the data and shall be applied on a non-discriminatory basis to all participating data users or end users. The first principle travel itinerary presentation shall not mislead the end user. 3. Where reusing the static, historic, observed and dynamic travel and traffic data, the source of those data shall be indicated, if the data holder so requires. The update interval of the static, historic, observed and, where possible, of the dynamic data shall also be indicated. 4. The terms and conditions for the use of the traffic and travel data provided via the national access point set up in accordance with Article 3 may be determined through a licence agreement. Those conditions shall not unnecessarily restrict possibilities for reuse or be used to restrict competition. Licence agreements, whenever used, shall in any event impose as few restrictions on reuse as possible. Any financial compensation shall be reasonable and proportionate to the legitimate costs resulting from providing and disseminating the relevant travel and traffic data.’ ; (7) Article 9 is replaced by the following: ‘Article 9 Assessment of compliance 1. Member States shall assess whether data holders and travel information service providers comply with the requirements set out in Articles 3 to 8. 2. In order to conduct the assessment referred to in the paragraph 1, the competent authorities of the Member States may request from the data holders and travel information service providers the following documents: (a) a description of the travel and traffic data accessible via the national access point, the information on the quality thereof and the conditions of reuse of that data; (b) a description of the travel information services available including connections with other services where applicable; (c) an evidence-based declaration of compliance with the requirements set out in Articles 3 to 8; (d) the licence or contractual agreements with travel information service providers. 3. Member States shall randomly check the correctness of the declarations referred to in paragraph 2, point (c).’ ; (8) in Article 10, paragraph 2 is replaced by the following: ‘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 and exchange of the travel and traffic data types set out in the Annex; (b) the geographical scope of the data set out in the Annex accessible via the national access point set up in accordance with Article 3, and their quality, including the criteria used to define that quality and the means used to monitor it; (c) the linking of travel information services; (d) the results of the assessment of compliance referred to in Article 9, paragraph 1; (e) where relevant, a description of changes to the national access point set up in accordance with Article 3.’ ; (9) the Annex is replaced by the text in the Annex to this Regulation.