28 Amendments of Johan VAN OVERTVELDT related to 2021/0419(COD)
Amendment 36 #
Proposal for a directive
Recital 4
Recital 4
(4) The growing need to make better use of data in making transport chains more sustainable, efficient and resilient, calls for enhanced coordination of the ITS framework with other initiatives aimed at harmonising and facilitating data sharing in the mobility, transport and logistics sectors with a multimodal perspective 37 , while taking into consideration rules on data protection and privacy. __________________ 37 Such as the Common European Mobility data space and its components, Regulation (EU) 2020/1056 of the European Parliament and of the Council of 15 July 2020 on electronic freight transport information (OJ L 249, 31.7.2020, p. 33), and the work pursued by the Digital Transport and Logistics Forum (DTLF).
Amendment 43 #
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. This transport related data should be available in machine-readable format, where possible. 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 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 51 #
Proposal for a directive
Recital 8
Recital 8
(8) To ensure a coordinated and effective 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 56 #
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. The Commission should take into account the risk of interference with personal data as well as the costs and human resources required to make this data available, especially in a machine-readable format. It should also deploy these services with a sufficient level of quality in order to ensure that these costs and resources, both incurred by public and private actors, are kept to a minimum. 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 61 #
Proposal for a directive
Recital 14
Recital 14
(14) The increased integration of ITS and advanced driver assistance systems, or vehicle and infrastructure systems in general, implies that such systems will rely more and more on the information they supply to each other. That is particularly the case for C-ITS. Such reliance will increase with higher levels of automation. These higher levels of automation are expected to make use of communication between vehicles and infrastructure to orchestrate manoeuvres and smoothen traffic flows, contributing also to more sustainable transport. Compromising the integrity of ITS services could thus have a severe impact on road safety, for example when the wrong speed limit is communicated or a vehicle makes an emergency stop due to a non-existing danger. In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in an unforeseen emergency situations where the integrity of ITS services is compromised arising from the availability or integrity of ITS services being compromised, where such a situation is likely to compromise the safe and proper functioning of the Union transport system or has an adverse effect on road safety, and only where it cannot be expected that applying incident response mechanism or modifying specifications will ensure a timely and effective response, having a severe and immediate direct impact on road safety, cyber security or the availability and integrity of ITS services, to adopt countermeasures to address the causes and the consequences of that situation. Those measures should be taken as quickly as possible and be immediately applicable. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council48 . In consideration of the need to ensure continuity of transport, it is appropriate to apply the prolongation of the validity of such measure beyond six months making use of the possibility provided under Article 8(2) of Regulation (EU) No 182/2011. Such countermeasures should end as soon as an alternative solution is implemented or the emergency situation has been resolved. and no later than 6 months after the start of the unforeseen emergency situation. __________________ 48 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 69 #
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 take the requirements of Regulation (EU) 2016/679 and Directive 2002/58/EC into account. In particular, whenever it is possible to equally achieve the purposes pursued using anonymous and pseudonymous instead of personal data, anonymisation as one of thend pseudonymisation as techniques for enhancing individuals’ privacy should be encouraged, in line with the principle of data protection by design.
Amendment 73 #
Proposal for a directive
Recital 20
Recital 20
(20) For ITS applications and services for which accurate and guaranteed timing and positioning services are required, satellite-based infrastructures or any technology providing an equivalent level of precisions should be used. Synergies between the Union transport and space sectors should be exploited to foster the broader use of new technologies, which respond to the need of accurate and guaranteed timing and positioning services. The Union Space Programme established under Regulation (EU) 2021/696 of the European Parliament and of the Council57 provides high-quality, up-to-date and secure space-related data, information and services through the Galileo, the European Geostationary Navigation Overlay Service (EGNOS), and Copernicus systems. __________________ 57 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme (OJ L 170, 12.5.2021, p. 69).
Amendment 75 #
Proposal for a directive
Recital 21
Recital 21
(21) The provision of secured and reliable timing and positioning services is an essential element of the effective operation of ITS applications and services. Therefore, it is appropriate to ensure their compatibility with the authentication mechanism provided by the Galileo programme, in order to mitigate Global Navigation Satellite Systems (‘GNSS’) signal spoofing attacks.
Amendment 83 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2010/40/EU
Article 1
Article 1
2a. This Directive provides for the availability of data and deployment of ITS services within the priority areas referred to in Article 2 with a specific geographical coverage as specified in Annexes III and IV.;
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/40/EU
Article 4 – point 23
Article 4 – point 23
(23) “accessibility of the data” means a possibility to request and obtain data in a digital machine-readable format via National Access Points when available;
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/40/EU
Article 6a – title
Article 6a – title
Availability of data and deployment of ITS services
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/40/EU
Article 6a – paragraph 1
Article 6a – paragraph 1
1. Member States shall ensure that for each data type listed in Annex III, where the underlying information already exists, data is available for the geographical coverage relative to such data type as early as possible and no later than the respective date set out in that Annexe implementing acts referred to in paragraph 3. Member States shall ensure the accessibility of that data on the NAPs by the same date.
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/40/EU
Article 6a –– paragraph 2
Article 6a –– paragraph 2
2. Member States shall ensure the accessibility of that data on the National Access Points by the same dateat the ITS services specified in Annex IV are deployed for the geographical coverage and no later than the respective date set out in the implementing acts referred to in paragraph 3.
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/40/EU
Article 6a – paragraph 3 (new)
Article 6a – paragraph 3 (new)
3. The Commission shall, by means of implementing acts adopted in accordance with Article 15(4), specify: a) the geographical coverage relative to the data types listed in Annex III, and implementation deadlines; b) the geographical coverage relative to the ITS services listed in Annex IV, and implementation deadlines. When adopting such implementing acts, the Commission shall take into account the risk of interference with personal data as well as the costs and human resources needed to make the relevant data available and to deploy the relevant services with a sufficient level of quality in order to ensure that those costs and resources, in particular those incurred by public authorities, are kept to a minimum. The Commission shall also consider the costs and administrative burden on private operators which may be required to provide the data and services.
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/40/EU
Article 6b
Article 6b
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/40/EU
Article 6b – title
Article 6b – title
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/40/EU
Article 6b – paragraph 1
Article 6b – paragraph 1
Amendment 122 #
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 1 b
Article 7 –– paragraph 1 b
1b. Following a cost-benefit analysis and an impact assessment including appropriate consultations, 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 12 to amend the list of ITS services in Annex IV, including the date of implementation and the geographical coverage for each ITS service. Those amendments shall be consistent with the list of ITS services set out in the latest working programme adopted in accordance with Article 17(5).’;
Amendment 125 #
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
In the event of an unforeseen emergency situation having a severarising from the availability or integrity of ITS services, which are the subject of specifications adopted in accordance with Article 6, being compromised, where such a situation is likely to compromise the safe and proper functioning of the Union transport system or has an adverse effect on road safety, and only where it cannot be expected that applying incident response mechanism or modifying specifications, in accordance with Article 6, will ensure a timely and effective response, having a severe and immediate 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 may adopt, immediatelyn consultation with ITS service providers, applicable implementing acts, suspending or establishing obligations within the scope of the priority areas set under Article 2. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 15(3). TheySuch countermeasures shall be strictly limited to addressing the causes and direct consequences of such an emergency situations and shall end as soon as an alternative solution is implemented or the emergency situation has been resolved, no later than 6 months after the start of the unforeseen emergency situation.’;
Amendment 131 #
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 or the pseudonymisation shall be encouraged.
Amendment 139 #
Proposal for a directive
Annex I – point 1 – paragraph 1 – point 1.1 – paragraph 1 – point 1.1.4
Annex I – point 1 – paragraph 1 – point 1.1 – paragraph 1 – point 1.1.4
Directive 2010/40/EU
Annex I – point 1 – paragraph 1 – point 1.1 – paragraph 1 – point 1.1.4
Annex I – point 1 – paragraph 1 – point 1.1 – paragraph 1 – point 1.1.4
1.1.4. the timely updating of multimodal travel information, including information related to booking and where relevant purchasing of transport services, by the ITS service providers.
Amendment 149 #
Proposal for a directive
Annex I – point 3 – paragraph 1 – point 3.2 – paragraph 1 – introductory part
Annex I – point 3 – paragraph 1 – point 3.2 – paragraph 1 – introductory part
Directive 2010/40/EU
Annex I – point 3 – paragraph 1 – point 3.2 – paragraph 1 – introductory part
Annex I – point 3 – paragraph 1 – point 3.2 – paragraph 1 – introductory part
The definition of the necessary measures to provide ITS based information and, where relevant, reservation services for safe and secure parking places for trucks and commercial vehicles, in particular in service and rest areas on roads, based on:
Amendment 155 #
Proposal for a directive
Annex II – table I – column 4 – row 6
Annex II – table I – column 4 – row 6
Directive 2010/40/EU
Annex II – table 1 – column 4 – row 6
Annex II – table 1 – column 4 – row 6
ensure, where appropriate, the capability for ITS systems to workbe interoperable at service-level with existing systems that sharedeliver a common purpose, without hindering the development of new technologies and while supporting, where relevant, the complementarity with orere relevant, the transition to new technologies;
Amendment 156 #
Proposal for a directive
Annex II – table 1 – column 4 – row 6
Annex II – table 1 – column 4 – row 6
Directive 2010/40/EU
Annex II – –table 1 – column 4 – row 6
Annex II – –table 1 – column 4 – row 6
ensure, where appropriate, the capability for ITS systems to workbe interoperable at service-level with existing systems that sharedeliver a common purpose, without hindering the development of new technologies and while supporting, where relevant, the complementarity with orere relevant, the transition to new technologies;
Amendment 160 #
Proposal for a directive
Annex II – table 1 – column 4 – row 10
Annex II – table 1 – column 4 – row 10
Directive 2010/40/EU
Annex II – column 4 – row 10
Annex II – column 4 – row 10
ensure the compatibility of ITS applications and services, which rely on timing or positioning, with at least the navigation services provided by the Galileo, including Open Service navigation Message Authentication, when such service becomes available, and the European Geostationary Navigation Overlay Service (‘EGNOS’) system of navigation services. Where appropriate, ensure that ITS applications and services relying on Earth observation data use Copernicus data, information or services. Other data and services may additionally be used in addition to Copernicus data;
Amendment 166 #
Proposal for a directive
Annex II – row 13 a (new)
Annex II – row 13 a (new)
Directive 2010/40/EU
Annex II – row 13 a (new)
Annex II – row 13 a (new)
(ma) technology neutral – specifications should describe the result to be achieved, but not impose, or discriminate in favour of, the use of a particular type of technology to achieve the result
Amendment 167 #
Proposal for a directive
Annex II – Table I – point n (new)
Annex II – Table I – point n (new)
Directive 2010/40/EU
Annex II – point n (new)
Annex II – point n (new)
n) specifications should describe the result to be achieved, but not impose, or discriminate in favour of, the use of a particular type of technology to achieve the result;
Amendment 181 #
Proposal for a directive
Annex III – table 1
Annex III – table 1
Directive 2010/40/EU
Annex III – table 1
Annex III – table 1
Data type Geographical coverage Date Types of data on regulations and restrictions (as referred to in Commission Delegated Regulation (EU) 2015/962): Static and dynamic traffic The trans-European network 31 December regulations, where applicable, for roads, other motorways not 2025 including: included in that network and primary roads. - access conditions for tunnels - access conditions for bridges The entire road network of the 31 December - speed limits EU that is publicly accessible to 2028 motorised traffic, with the - freight delivery regulations exception of private roads. - overtaking bans on heavy goods vehicles - direction of travel on reversible lanes - traffic circulations plans The entire road network that is 31 December publicly accessible to motorised 2025 traffic - permanent access restrictions The entire road network that is 31 December publicly accessible to motorised 2025 traffic Types of data on the state of the network (as referred to in Commission Delegated Regulation (EU) 2015/962): - road closures The trans-European network 31 December for roads, other motorways not 2025 - lane closures included in that network and - roadworks primary roads. - temporary traffic The entire road network of the 31 December management measures EU that is publicly accessible to 2028 motorised traffic, with the exception of private roads. Types of data on safe and secure parking places for trucks and commercial vehicles (as referred to in Commission Delegated Regulation (EU) No 885/2013): - static data related to the The trans-European network 31 December parking areas for roads and other motorways 2025 not included in that network - information on safety and equipment of the parking area - dynamic data on availability of parking places including whether a parking is: full, closed or number of free places available. Types of multimodal static travel data (as referred to in Commission Delegated Regulation (EU) 2017/1926): - temporary slippery road The trans-European network 31 December - animal, people, for roads and other motorways 2026 obstacles, debris on the not included in that network road - unprotected accident area - short-term road works - reduced visibility - wrong-way driver - unmanaged blockage of a road - exceptional weatherGeographical coverage Date Types of data on regulations Deleted Deleted and restrictions (as referred to in Commission Delegated Regulation (EU) 2015/962): Static and dynamic traffic regulations, where applicable, including: - access conditions for tunnels - access conditions for bridges - speed limits - freight delivery regulations - overtaking bans on heavy goods vehicles - direction of travel on reversible lanes - traffic circulations plans - permanent access restrictions Types of data on the state of the network (as referred to in Commission Delegated Regulation (EU) 2015/962): - road closures - lane closures - roadworks - temporary traffic management measures Types of data on safe and secure parking places for trucks and commercial vehicles (as referred to in Commission Delegated Regulation (EU) No 885/2013): - static data related to the parking areas - information on safety and equipment of the parking area - dynamic data on availability of parking places including whether a parking is: full, closed or number of free places available. Types of multimodal static travel data (as referred to in Commission Delegated Regulation (EU) 2017/1926): Location of identified access nodes for all scheduled modes, including information on accessibility of access nodes and paths within an interchange (such as existence of lifts, escalators) Data on detected road safety- related events or conditions (as referred to in Commission Delegated Regulation (EU) No 886/2013): - temporary slippery road - animal, people, obstacles, debris on the road - unprotected accident area - short-term road works - reduced visibility - wrong-way driver - unmanaged blockage of a road - exceptional weather conditions