Amendments to Delegated Regulation (EU) No 305/2013
Article 1
Open ↗Delegated Regulation (EU) No 305/2013 is amended as follows: (1) Article 2 is amended as follows: (a) point (b) is replaced by the following: ‘(b) “public safety answering point” (PSAP) means public safety answering point or PSAP as defined in point 36 of Article 2 of Directive (EU) 2018/1972 ( *1 ) ; ( *1 ) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code( OJ L 321, 17.12.2018, p. 36 ).’ " (b) point (c) is replaced by the following: ‘(c) “most appropriate PSAP” means most appropriate PSAP as defined in point 37 of Article 2 of Directive (EU) 2018/1972’; (c) point (j) is replaced by the following: ‘(j) “minimum set of data” (MSD) means the contextual information defined by the standard ‘Intelligent transport systems – Esafety – ECall minimum set of data (MSD)’ (EN 15722:2020) which is sent to the eCall PSAP’; (d) point (m) is replaced by the following: ‘(m) “public mobile wireless communications network” means mobile electronic communications network available to the public in accordance with Directive (EU) 2018/1972 of the European Parliament and of the Council’; (e) point (n) is replaced by the following: ‘(n) “emergency control centre” means a facility used by one or more emergency services to handle contextual information derived from emergency calls or MSD’; (2) Article 3 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Member States shall ensure that any eCall PSAP is equipped to handle eCalls and receive the MSD originating from the in-vehicle equipment in accordance with the standard ‘Intelligent transport system – ESafety – PanEuropean eCall operating requirements’ (EN 16072:2022). If subsequent versions of that standard EN 16072 become applicable under Article 5(8) of Regulation (EU) 2015/758 ( *2 ) , those subsequent versions shall apply instead of EN 16072:2022. Member States shall ensure that any eCall PSAP is equipped to handle eCalls and receive the MSD originating from the in-vehicle equipment in accordance with the standard ‘Intelligent transport systems – Esafety – ECall High Level Application Requirements (HLAP)’ (EN 16062:2023), as long as there are circuit-switched public mobile wireless communications networks in operation on their territory. Member States shall ensure that any eCall PSAP is equipped to handle eCalls and receive the MSD originating from the in-vehicle equipment in accordance with the technical specification ‘Intelligent transport systems – eSafety – eCall High level application Protocols (HLAP) using IMS packet switched networks’ (CEN/TS 17184:2022). Where subsequent versions of that technical specification CEN/TS 17184 or a new equivalent standard EN 17184 become applicable under Article 5(8) of Regulation (EU) 2015/758, those subsequent versions or that new standard EN 17184, whichever is applicable, shall apply instead of CEN/TS 17184:2022. ( *2 ) Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC( OJ L 123, 19.5.2015, p. 77 ).’ " (b) paragraph 3 is replaced by the following: ‘3. The eCall PSAP shall be able to receive the data contents of the MSD and present them to the eCall PSAP operator clearly and understandably. When the MSD contains optional additional data as defined in EN 15722:2020, the eCall PSAP shall be able to receive such optional additional data contents and present them to the eCall PSAP operator provided that such optional additional data is specified in accordance with published CEN eCall standards or technical specifications referred to in Regulation (EU) 2015/758. When optional additional data referred to in the second subparagraph is specified in accordance with published CEN eCall standards or technical specifications not referred to in Regulation (EU) 2015/758, the eCall PSAP is encouraged to be able to receive these optional additional data contents and present them to the eCall PSAP operator in accordance with those standards or technical specifications.’ ; (c) in paragraph 4 ‘EN 15722’ is replaced by ‘EN 15722:2020’; (3) Article 4 is replaced by the following: ‘Article 4 Conformity assessment 1. 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. 2. Conformity assessment shall be based on the part of the standard ‘Intelligent transport systems – eSafety – eCall end to end conformance testing’ (EN 16454:2023) that relates to PSAPs conformance to pan-European eCall, provided there are circuit-switched public mobile wireless communications networks in operation on their territory, and on the part of the technical specification ‘Intelligent transport systems – ESafety – ECall end to end conformance testing for IMS packet switched based systems’ (CEN/TS 17240:2018) that relates to PSAPs conformance to pan-European eCall. Where subsequent versions of that technical specification CEN/TS 17240 or a new equivalent standard EN 17240 become applicable under Article 5(8) of Regulation (EU) 2015/758, those subsequent versions or that new standard EN 17240, whichever is applicable, shall apply instead of CEN/TS 17240:2018.’ ; (4) Article 5 is replaced by the following: ‘Article 5 Obligations linked to the deployment of the eCall PSAPs infrastructure Member States shall ensure that this Regulation is applied when its eCall PSAPs infrastructure is deployed in accordance with Decision No 585/2014/EU of the European Parliament and of the Council ( *3 ) and in accordance with the principles for specifications and deployment laid down in Annex II to Directive 2010/40/EU. ( *3 ) Decision No 585/2014/EU of the European Parliament and of the Council of 15 May 2014 on the deployment of the interoperable EU-wide eCall service ( OJ L 164, 3.6.2014, p. 6 ).’ " (5) Article 6 is replaced by the following: ‘Article 6 Rules on privacy and data protection 1. The PSAPs, including eCall PSAPs, shall be regarded as controllers within the meaning of Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council ( *4 ) . Where the eCall data is to be sent to other emergency control centres or service partners pursuant to Article 3(5) of this Regulation, the latter shall also be considered as data controllers. 2. Member States shall ensure that protocols concerning personal data processing, including retention periods defined in accordance with Article 7(2), are established at the appropriate level and properly observed. ( *4 ) 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 ).’;" (6) in Article 7, paragraph 2 is replaced by the following: ‘2. To that end, and in addition to other existing measures related to the handling of emergency communications to 112, both the raw MSD received with the eCall and the MSD contents presented to the eCall operator shall be retained for a determined period of time, in accordance with national regulations or, in the absence of national regulations, for no longer than 10 years.’ ; (7) Article 8 is replaced by the following: ‘Article 8 Reporting Member States shall report to the Commission by 1 April 2026 on the state of implementation of this Regulation. The report shall include at least the list of competent authorities for assessing the conformity of the operations of the eCall PSAPs, the list and geographical coverage of the eCall PSAPs, the description of the conformance tests and the description of the privacy and data protection protocols.’