Directive (EU) 2023/2661 of the European Parliament and of the Council of 22 November 2023 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 (Text with EEA relevance)

Official Journal EN of the European Union L series 2023/2661 30.11.2023 DIRECTIVE (EU) 2023/2661 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 November 2023 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 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee(1), After consulting the Committee of the Regions, Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) The Commission’s communication of 9 December 2020entitled ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ (‘the Sustainable and Smart Mobility Strategy’) identifies the deployment of intelligent transport systems (‘ITS’) as a key action for achieving connected and automated multimodal mobility, and therefore contributing to the transformation of the European transport system in order to achieve the objective of efficient, safe, sustainable, smart and resilient mobility. This complements the actions announced under the flagship strategy on the greening of freight transport to foster multimodal logistics. The Sustainable and Smart Mobility Strategy also announced for 2022 a revision of Commission Delegated Regulation (EU) 2017/1926(3)to include mandatory accessibility of dynamic datasets, as well as an assessment of the need for regulatory action on rights and duties of multimodal digital service providers together with an initiative on ticketing, including rail ticketing. This Directive should ensure that ITS applications in the field of road transport enable seamless integration with other modes of transport, such as rail or active mobility, thus facilitating a shift to those modes whenever possible, to improve efficiency and accessibility.

(2) The Sustainable and Smart Mobility Strategy confirms the objective of bringing the death toll for all modes of transport in the Union close to zero by 2050. Several actions in the scope of Directive 2010/40/EU of the European Parliament and of the Council(4) contribute to the safety of road users, such as eCall, road safety-related traffic information services and information services concerning safe and secure parking places for trucks and commercial vehicles, as certified in accordance with Commission Delegated Regulation (EU) 2022/1012(5).

(1) OJ C 290, 29.7.2022, p. 126.

(2) Position of the European Parliament of 3 October 2023 (not yet published in the Official Journal) and decision of the Council of 23 October 2023.

(3) 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).

(4) Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1).

(5) Commission Delegated Regulation (EU) 2022/1012 of 7 April 2022 supplementing Regulation (EC) No 561/2006 of the European Parliament and of the Council with regard to the establishment of standards detailing the level of service and security of safe and secure parking areas and procedures for their certification (OJ L 170, 28.6.2022, p. 27).

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(3) The communication of the Commission of 11 December 2019 entitled ‘The European Green Deal’ highlights the increasing role of automated and connected multimodal mobility, together with smart traffic management systems enabled by digitalisation, and the objective of supporting new sustainable transport and mobility services that can improve mobility, reduce congestion and pollution, especially in urban areas, and foster the transition to cleaner modes of transport by promoting modal shift and better traffic management. To support this evolution, consideration of appropriate technical screening criteria within the framework of Regulation (EU) 2020/852 of the European Parliament and of the Council(6)(also known as the taxonomy regulation) to support investments in ITS may be warranted.

(4) The growing need to make better use of data in making transport chains more sustainable, secure, 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 such as the common European mobility data space and its components, Regulation (EU) 2020/1056 of the European Parliament and of the Council(7), and the work pursued by the Digital Transport and Logistics Forum (DTLF) while taking into consideration rules on data protection and privacy.

(5) In view of the need to digitalise road transport, increase road safety and reduce congestion, the deployment and use of intelligent transport systems and services on roads should be further developed on the trans-European transport network.

(6) Digitalisation and innovation in road transport create employment opportunities by developing new projects in the industry.

(7) In many Member States national applications of intelligent transport systems and services are already being deployed in the road transport sector. However, despite improvements since its adoption in 2010, the evaluation of Directive 2010/40/EU found persistent shortcomings leading to remaining fragmented and uncoordinated deployment and lack of geographical continuity of ITS services throughout the Union and at its external borders.

(8) In the context of the implementation of Commission Delegated Regulations (EU) No 885/2013(8), (EU) No 886/2013(9), (EU) 2015/962(10) and (EU) 2017/1926 supplementing Directive 2010/40/EU, Member States have established national access points (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 to the extent provided by this Directive. The NAPs, together with regional and local access points that might exist in the Member States, are an important component of the common European mobility data space under the European strategy for data and should be relied upon in particular as regards the accessibility of data. By cooperating on the facilitation of access to data via the NAPs, Member States should strive to improve the NAPs’ effectiveness, interoperability and cooperation across the Union as well as to facilitate the data users’ access to them. Despite NAPs being operated in all Member States, there is still a need to improve availability of data concerning many data types that are deemed crucial to support the development of essential services providing the necessary information to the end users.

(6) Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).

(7) 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).

(8) 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).

(9) 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).

(10) 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).

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(9) Member State cooperation in the application of specifications on the deployment of ITS should be reinforced. The Commission should facilitate Member States’ cooperation relating to the priority areas, for example by adopting guidelines to foster harmonised and timely deployment of ITS within the Union and to streamline sharing of data types listed in Annex III.

(10) Article 20 of Regulation (EU) 2023/1804 of the European Parliament and of the Council(11)requires the availability and accessibility via a NAP of certain static and dynamic data and services related to alternative fuels infrastructure on the whole territory of the Union, supporting the development of enhanced information services to the end users. That provision also foresees the adoption of rules complementing those laid down in Commission Delegated Regulation (EU) 2022/670(12)in respect of data transmission, presentation and quality standards.

(11) To ensure a coordinated, 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.

(12) It should be ensured, in particular for cooperative intelligent transport systems (C-ITS), that requirements for ITS systems neither impose nor discriminate in favour of the use of a particular type of technology in line with the principle of technological neutrality as laid down in Directive (EU) 2018/1972 of the European Parliament and of the Council(13). If complementary, reliable and real-life tested C-ITS technologies can be used, coexistent applications should be enabled, whilst ensuring interoperability of ITS systems.

(13) The specifications should take into account and build upon the experience and results already obtained in the field of ITS, C-ITS and cooperative, connected and automated mobility (CCAM), notably in the context of the C-ITS and CCAM platforms, the European Forum for Multimodal Passenger Mobility, the Digital Transport and Logistics Forum and the European eCall Implementation Platform.

(14) 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 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, building on specifications to be adopted for C-ITS services and helping the integration of highly automated vehicles in new multimodal mobility services. New technologies, in particular for C-ITS, need to be tested in real road traffic conditions as a reliable service prior to deployment.

(15) C-ITS use technologies that enable road vehicles to communicate with each other and with roadside infrastructure including traffic signals. C-ITS services are a category of ITS services based on an open architecture that enables a many-to-many or peer-to-peer relationship between C-ITS stations. This means all C-ITS stations should securely exchange messages with each other, and should not be limited to exchanging messages with predefined stations.

Most services require ensuring the authenticity and integrity of C-ITS messages containing information such as position, velocity and heading. Therefore, one common European C-ITS trust model should be created to establish a relation of trust between all C-ITS stations, regardless of the communication technologies used. That trust model should be implemented by means of a policy on the use of a public key infrastructure (PKI). The highest level of that

(11) Regulation (EU) 2023/1804 of the European Parliament and of the Council of 13 September 2023 on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU (OJ L 234, 22.9.2023, p. 1).

(12) 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 (OJ L 122, 25.4.2022, p. 1).

(13) 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).

ELI: http://data.europa.eu/eli/dir/2023/2661/oj 3/29EN OJ L, 30.11.2023 PKI should be the European Certificate Trust List (ECTL), consisting of entries of all trusted root certification authorities in Europe. To ensure the smooth functioning of that C-ITS trust model, certain tasks should be carried out at a central level. The Commission should ensure that those essential tasks are carried out, in particular as concerns the roles of (i) the C-ITS certificate policy authority in managing the certificate policy and the PKI authorisation; (ii) the trust list manager in generating and updating the ECTL and, for regular activity, in reporting to the C-ITS certificate policy authority as regards the overall secure operation of the C-ITS trust model; and (iii) the C-ITS point of contact in handling all communication with root certification authority managers and publishing the public key certificate of the trust list manager and the ECTL. The Commission currently also ensures that the European root certification authority fulfils its role. That authority can be maintained if appropriate, for example to support migration plans in the event that another root certification authority is compromised.

(16) Most actions under Directive 2010/40/EU, with the exception of eCall, have focused on the adoption of specifications to ensure the interoperability and accessibility of data that are already available in digital machine- readable format and on the deployment of ITS services, but there have never been any obligations for relevant stakeholders to create and make such data available in that format or to deploy specific services. The use of a

number of ITS services has become widespread: for instance incident detection enabling road safety-related traffic information services; likewise the use of crucial data within other priority areas identified in this Directive, for instance traffic regulations, that support important services such as speed limits to support vehicles equipped with intelligent speed assistance under Regulation (EU) 2019/2144 of the European Parliament and of the Council(14).

The mandatory provision of certain ITS services and crucial data in machine-readable format is considered necessary to ensure both continued availability of such data and continued delivery of such services across the Union. It implies that the underlying information to be reflected in the machine-readable data already exists, irrespective of the format or medium in which it is presented. For example, only when competent authorities issue an adverse weather warning for the traffic (e.g. on the radio or an overhead gantry) does the underlying information exist.

This Directive does not prescribe whether specific traffic information needs to be created (for example, creating traffic circulation plans), nor under which circumstances a safety-related warning should be issued (for example, whether snowfall triggers a warning for drivers) or which value a traffic regulation should carry (for example, the level of a speed limit). All of this remains at the discretion of the competent authorities, which implies that differences apply in practice (for instance the same snowfall can trigger a decision to issue a warning for the traffic in some regions but not in others). In addition, the mandatory provision of certain ITS services, and of crucial data in a digital machine-readable format, does not require investments in the road-side equipment of the network to collect additional information. Data types and services, the provision of which should be made mandatory under this Directive, should be identified on the basis of the specifications adopted by the Commission by means of delegated acts supplementing Directive 2010/40/EU, in particular Delegated Regulations (EU) No 885/2013, (EU) No 886/2013, (EU) 2017/1926 and (EU) 2022/670, and reflect the data types and services set therein. The specifications already adopted by the Commission, including standards referred to therein, leave room for choices concerning the digital content of an element of information to be made available in a machine-readable format.

Preparatory work, such as profiling of standards, might be needed to provide for a common approach of implementation. In those cases, the ITS working programme should describe the preparatory work to be carried out and the applicable dates for the provision of these data types and related services should take into account this additional work.

(14) Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010,

(EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and

(EU) 2015/166 (OJ L 325, 16.12.2019, p. 1).

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(17) The necessary conversion from non-digital information into a digital machine-readable format requires a gradual and proportionate approach, in view of the large amount of stakeholders involved and their uneven technical capacities, as well as the large amount of information. Therefore, the mandatory provision of certain data in a digital machine-readable format should in the first stage concern information created or information updated after a specific starting date; in the second stage, also information which had been previously created should fall under the obligation. For other data for which information is getting outdated quickly, making only new or updated information available might suffice.

(18) In the interest of continuity, data types and services whose provision is mandatory under this Directive should be available within a concrete geographical scope. That scope should likewise be defined on the basis of a gradual and proportionate approach. For the case of data on traffic regulation in urban nodes, in order to ensure the proportionality of the relevant obligations, and notably to provide for a reasonable cost-benefit ratio, Member States should have the possibility to limit the coverage to specific roads by applying a traffic flow threshold specified in this Directive.

(19) In the interest of road safety, Member States are encouraged to make data accessible via NAPs as soon as possible (e.g. speed limits or dynamic data for safe and secure parking areas), also for parts of the road network which are not within the geographical scope defined in Annex III (e.g. motorways not part of the trans-European road network).

(20) The 2020 study ‘Mapping accessible transport for persons with reduced mobility’ shows that the lack of sufficient data concerning accessibility features currently prevents reliable journey planning when using accessibility aspects as search variables. It also shows that the setting of minimum requirements and standards for information for persons with disabilities and reduced mobility should be considered to be highly important at the Union and Member State level. To further enhance the accessibility of the transport system and facilitate travel for people with disabilities and people with reduced mobility, multimodal digital mobility services need to have data on access nodes and their accessibility features in accessible formats.

(21) Following the related statement in the Sustainable and Smart Mobility Strategy, the Commission is invited to consider what adjustments are needed to the current legal framework in response to new electronic communication technologies and how eCall public safety answering points (PSAPs) are affected by the possible extension of eCall to other vehicle categories such as heavy goods vehicles, buses and coaches, powered two-wheelers and agricultural tractors. In addition, beyond the framework of this Directive, the Commission is invited to assess possible options for addressing the issue of the obsolescence of eCall systems in vehicles with equipment meeting current eCall specifications, once circuit-switched communication networks (2G and 3G) are switched off.

(22) 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 in a secure manner to orchestrate manoeuvres and smoothen traffic flows, contributing also to more sustainable transport. That communication between vehicles and infrastructure should support the reliability, accuracy and availability of data.

Compromising the integrity of ITS services could thus have a severe impact on road safety, for example when intentionally false information induces vehicles into manoeuvres that put road users at risk, and could have a knock-on effect on the Union transport system. In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in situations where the integrity of ITS services is compromised and an intervention at Union level is urgently needed to ensure a safe and proper functioning of the Union transport system or road safety, to adopt countermeasures to address the causes and the consequences of that situation. Those countermeasures should be taken as quickly as possible and be immediately

ELI: http://data.europa.eu/eli/dir/2023/2661/oj 5/29EN OJ L, 30.11.2023 applicable. Nevertheless, before adopting such countermeasures, the Commission should make all possible efforts to consult experts of Member States. Moreover, considering that emergency management plans at various intervention levels may exist to address a range of possible system failures, the Commission should only adopt such countermeasures in emergency situations when remedial measures taken by competent national authorities will not ensure a timely and effective response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(15). In consideration of the need to ensure continuity of transport, it is appropriate to apply the prolongation of the validity of such countermeasures 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.

(23) Any processing of personal data under this Directive, such as the processing of location data when it allows to identify, directly or indirectly a person, should be carried out in accordance with 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 Council(16)and in Directive 2002/58/EC of the European Parliament and of the Council(17). In accordance with Article 6 of Regulation (EU) 2016/679, this Directive should specify the purpose for which personal data may be processed under this Directive.

(24) Where they involve the processing of personal data, the specifications to be developed under this Directive should provide for adequate and appropriate personal data protection safeguards in line with the requirements of Regulation (EU) 2016/679 and Directive 2002/58/EC, including with regard to the maximum duration of data storage, and the anonymisation or the pseudonymisation of data. In particular, without prejudice to any specific requirement laid down in Union law regarding the use of anonymous or pseudonymised data, whenever it is possible to equally achieve the purposes pursued by processing personal data and where technically feasible, anonymised data should be used. In other cases, the use of pseudonymised data should be encouraged, for instance through the EU C-ITS security credential management system, with a view to enhancing individuals’ privacy, in line with the principle of data protection by design. The use of personal data resulting from mobility patterns or facial recognition may not lead to any form of social discrimination. Moreover, safeguards in particular against misuse, including unlawful access, alteration or loss should be laid down in those specifications or in national law, as appropriate, in accordance with the requirements of Regulation (EU) 2016/679 and Directive 2002/58/EC.

(25) Directive 2001/95/EC of the European Parliament and of the Council(18) applies to products for which sectorial legislation does not provide more specific provisions with the same safety objective, as well as where the safety requirements imposed by sectorial legislation do not cover the aspects and risks or category of risks covered by the said Directive (also known as the ‘safety net’).

(26) Where it is necessary to carry out a conformity assessment, the specifications should include detailed provisions laying down the procedure governing the assessment of conformity or suitability for use of constituents. With regard to certain ITS services, and in particular C-ITS services, continuous compliance with certain requirements and interoperability are essential to ensure safety and proper functioning of the system. Therefore, where necessary, specifications that lay down requirements for products should also lay down procedures related to market

(15) 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).

(16) 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).

(17) 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).

(18) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11,

15.1.2002, p. 4).

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Therefore, it would be a duplication of work to provide for conformity assessment of equipment and applications falling within the scope of those legislative acts. However, those legislative acts on vehicle approval apply to ITS- related equipment installed in vehicles, but not to external road infrastructure ITS equipment and software which should fall under the remit of this Directive. In the latter case, the specifications could provide for conformity assessment and market surveillance procedures. Such procedures should be limited to what would be necessary in each separate case and aim, where appropriate, for a systematic approach to rules on the designation of conformity assessment bodies and the applicable procedures, in particular with regard to cross-border applications and services.

(27) When the deployment and use of ITS equipment and software include artificial intelligence systems, the relevant provisions of a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (artificial intelligence act) should be taken into account.

(28) 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 precision 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 Council(23) provides high-quality, up-to-date and secure space-related data, information and services through the Galileo, European Geostationary Navigation Overlay Service (EGNOS), and Copernicus systems.

(29) 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 system (GNSS) signal spoofing attacks. This does not exclude using other proven mechanisms providing the same level of confidence to ensure the reliability of information concerning position and time.

(30) Member States and other relevant stakeholders, including other Commission expert groups, in particular the European ITS Advisory Group, and committees dealing with digital aspects of transport, should be consulted in the drawing-up of the working programmes adopted by the Commission under Directive 2010/40/EU.

(19) Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).

(20) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(21) Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).

(22) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).

(23) 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 and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and

(EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).

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(31) Rules on reporting should be simplified and better allow for a comparative analysis. Therefore, one Member State report every three years, covering the implementation of this Directive and of all delegated and implementing acts, should replace the various existing reporting obligations, and a common template including certain key performance indicators should be established. Based on experience with the use of voluntary key performance indicators in the reports, the Commission should be able to select certain of those indicators to be included in the harmonised template.

(32) The Commission and the Member States are encouraged to foster the cooperation with third countries, especially candidates for membership in the Union and those third countries, in which transit corridors connecting Member States are situated. The Commission is encouraged to also foster cooperation on the international level.

(33) To ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission as regards the adoption and updating of working programmes and the adoption of the template for the reports to be provided by Member States. Those powers should be exercised in accordance with Regulation

(EU) No 182/2011.

(34) In order to achieve the objectives of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the list of data types for which Member States are to ensure the availability of data, for a period of five years starting from the entry into force of this Directive. This period should be tacitly extended for periods of the same duration, unless the European Parliament or the Council oppose such an extension. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with stakeholders, representing all types of road users and other parties concerned, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law- Making(24). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(35) In order to guarantee a coordinated approach, the Commission should ensure coherence between the activities of the Committee established by this Directive and of the Committees established by Regulations (EU) No 165/2014(25),

(EU) 2019/1239(26), (EU) 2020/1056 and (EU) 2018/858 of the European Parliament and of the Council, and by Directives 2007/2/EC(27)and (EU) 2019/520(28)of the European Parliament and of the Council.

(36) Since the objective of this Directive, namely to ensure the coordinated and coherent deployment of interoperable ITS throughout the Union, cannot be sufficiently achieved by the Member States and/or the private sector but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(24) Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

(25) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

(26) Regulation (EU) 2019/1239 of the European Parliament and of the Council of 20 June 2019 establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU (OJ L 198, 25.7.2019, p. 64).

(27) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(28) Directive (EU) 2019/520 of the European Parliament and of the Council of 19 March 2019 on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (OJ L 91, 29.3.2019, p. 45).

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(37) In accordance with the Joint Political Declaration of 28 September 2011of Member States and the Commission on explanatory documents(29), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

(38) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation

(EU) 2018/1725 of the European Parliament and of the Council(30)and delivered an opinion on 2 March 2022,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Amendments to Directive 2010/40/EU Directive 2010/40/EU is amended as follows:

(1) in Article 1, the following paragraph is inserted: ‘2a. This Directive provides for the availability of data and the deployment of ITS services within the priority areas referred to in Article 2, with, for data, the specific geographical coverage set out in Annex III and, for ITS services, the specific geographical coverage set out in Annex IV.’;

(2) in Article 2, paragraph 1 is replaced by the following: ‘1. For the purposes of this Directive, the following shall constitute priority areas for the development and use of

specifications and standards:

(a) Priority area I: Information and mobility ITS services;

(b) Priority area II: Travel, transport and traffic management ITS services;

(c) Priority area III: Road safety and security ITS services;

(d) Priority area IV: ITS services for cooperative, connected and automated mobility.’;

(3) Article 4 is amended as follows:

(a) point (2) is replaced by the following: ‘(2) “interoperability” means the capacity of systems and the underlying business processes to exchange data and share information and knowledge, making the continuity of ITS services possible;’;

(b) point (4) is replaced by the following: ‘(4) “ITS service” means the provision of an ITS application through a well-defined organisational and operational framework with the aim of contributing to user safety, efficiency, sustainable mobility or comfort, or of facilitating or supporting transport and travel operations;’;

(c) point (14) is replaced by the following: ‘(14) “road data” means data on road infrastructure characteristics, including fixed traffic signs and their regulatory safety attributes as well as infrastructure for recharging and for refuelling with alternative fuels;’;

(29) OJ C 369, 17.12.2011, p. 14.

(30) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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(d) point (18) is replaced by the following: ‘(18) “standard” means standard as defined in Article 2(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (*); _____________ (*) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).’;

(e) the following points are added: ‘(19) “cooperative intelligent transport systems” or “C-ITS” means intelligent transport systems that enable ITS users to interact and cooperate by exchanging secured and trusted messages, without any prior knowledge of each other and in a non-discriminatory manner;

(20) “C-ITS service” means an ITS service provided through C-ITS;

(21) “availability of data” means that data exists in a digital machine-readable format;

(22) “national access point” or “NAP” means a digital interface set up by a Member State that constitutes a single point of access to data, as defined in specifications referred to in Article 6;

(23) “accessibility of data” means that it is possible to request and to obtain data in a digital machine-readable format;

(24) “multimodal digital mobility service” means a service providing information on traffic and travel data, such as the location of transport facilities, schedules, availability or fares for more than one transport mode, which may include features enabling the making of reservations, bookings or payments, or the issuing of tickets;

(25) “underlying information” means information within the scope of this Directive that has been determined to be relevant for informing road and ITS users, in particular by road authorities where they are responsible for such information;

(26) “primary road” means a road outside urban areas, designated by a Member State, that connects major cities or regions, or both, and that is not classified as part of the comprehensive trans-European road network or as a motorway.’;

(4) the following article is inserted: ‘Article 4a Working programme

1. By 21 December 2024, the Commission shall, after consulting the European ITS Advisory Group set up by Commission Decision of 4 May 2011 (*) and relevant stakeholders, adopt an implementing act, establishing 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 at least the following elements:

(a) objectives and dates for its implementation every year, indicating for which work items specifications are to be developed in accordance with Article 6;

(b) the data types which the Commission is considering adding to, or removing from, Annex III by the delegated acts referred to in Article 7(1a);

(c) preparatory work to be carried out by the Commission in cooperation with stakeholders and Member States pursuant to Article 7(1).

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2. Before each subsequent five-year extension of the power to adopt delegated acts in accordance with Article 12(2), the Commission shall adopt implementing acts establishing a new working programme, which shall include at least the elements referred to in paragraph 1, points (a) to (c). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(4).

_____________ (*) Commission Decision of 4 May 2011 on setting up the European ITS Advisory Group (2011/C 135/03), (OJ C 135, 5.5.2011, p. 3).’;

(5) Article 5 is replaced by the following: ‘Article 5 Application of specifications to the deployment of ITS

1. Member States shall take the necessary measures to ensure that the specifications adopted by the Commission in accordance with Article 6 are applied to ITS applications and services when those ITS applications and services are deployed, in accordance with the principles in Annex II. This is without prejudice to the right of each Member State to decide on its deployment of such applications and services on its territory. This right is without prejudice to Article 6a.

2. Where relevant, Member States shall cooperate, including with relevant stakeholders, in respect of the priority areas, insofar as no specifications have been adopted with regard to those priority areas.

3. Member States shall also cooperate, for instance through Union supported coordination projects, and, where necessary, with relevant stakeholders, on operational aspects of the implementation of the specifications adopted by the Commission, such as standards and Union harmonised profiles, common definitions, common metadata, common quality requirements and aspects related to the interoperability of NAPs’ architectures, common data exchange conditions, secure access and common training and outreach activities. In respect of requirements for data providers, data users and ITS service providers set out in the specifications, Member States shall also cooperate on practices for assessing compliance with those requirements, on developing mechanisms for compliance enforcement and on issues concerning cross-border cooperation.’;

(6) Article 6 is amended as follows:

(a) paragraph 5 is replaced by the following: ‘5. Without prejudice to the procedures set out by Directive (EU) 2015/1535 of the European Parliament and of the Council (*), the specifications shall, where appropriate, state the situations in which Member States may, after notification to the Commission, establish additional rules for the provision of ITS services on all or part of their territory. Those rules shall not hinder interoperability.’ _____________ (*) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).’;;

(b) paragraph 6 is replaced by the following: ‘6. The specifications shall, where appropriate, be based on any of the standards referred to in Article 8.

The specifications shall include rules for setting parameters related to quality and suitability for use. As appropriate, and in particular where justified in the interest of safety and interoperability, the specifications shall include rules on conformity assessment and market surveillance, including a safeguard clause, in accordance with Decision No 768/2008/EC.

The Member States may designate one or more bodies competent to carry out the assessment of compliance with the requirements set out in the specifications, subject to any specific rules on assessment laid down therein.

ELI: http://data.europa.eu/eli/dir/2023/2661/oj 11/29EN OJ L, 30.11.2023 The specifications shall comply with the principles set out in Annex II.’;

(c) the following paragraph is added: ‘8. The Commission shall adopt delegated acts in accordance with Article 12, laying down the specifications referred to in this Article. Those delegated acts shall not cover more than one priority area and shall be adopted for each of the priority actions.’;

(7) the following article is inserted: ‘Article 6a Availability of data and deployment of ITS services

1. Member States shall ensure that, where the underlying information already exists, data are available for the geographical coverage for each data type set out in Annex III.

Member States shall ensure that data corresponding to underlying information created or updated on or after the date set out in the third column of Annex III are made available without delay.

Member States shall also ensure that, unless otherwise provided for in Annex III, other data corresponding to all existing underlying information, created or updated before the date set out in the fourth column of that Annex, are made available without delay after that date.

Where no date is set out in the fourth column of Annex III, the applicable dates shall be defined by means of a delegated act adopted under Article 7.

The deadlines pursuant to this paragraph shall apply only to existing infrastructure. For infrastructure completed at a later date, those deadlines shall be understood to be the dates of completion.

Member States shall ensure the accessibility of those data via the NAPs by the same date.

2. Member States shall ensure that the ITS services specified in Annex IV are deployed for the geographical coverage as early as possible and, in any event, no later than the respective dates set out in that Annex.’;

(8) Article 7 is replaced by the following: ‘Article 7 Amendments to Annex III

1. Before adopting delegated acts under this Article, the Commission shall, as part of the recurrent consultation process and together with experts designated by Member States and with stakeholders, ascertain the maturity of descriptions for the digital content of data types which are to be made available in accordance with Article 6a and ensure the finalisation of appropriate preparatory work.

1a. Following a cost-benefit analysis and appropriate consultations and taking into account market and technological development throughout the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 12 in order to amend Annex III by:

(a) adding data types which fall within the scope of one of the data categories or subcategories referred to in Annex III and which are listed in the specifications established pursuant to Article 6(8), where the availability of such data types brings, according to a cost-benefit analysis, substantial and clearly justified benefits and improvements in terms of transport sustainability, transport safety and security, or transport efficiency and management, and defining the applicable dates;

(b) where clearly justified, removing data types from Annex III;

(c) defining the applicable dates for data types listed in Annex III for cases in which as of 20 December 2023no dates have been defined.

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2. The delegated acts adopted under paragraph 1a of this Article shall be consistent with the data types set out in the latest working programme adopted in accordance with Article 4a. Those delegated acts shall relate, where relevant, to the digital content defined in the framework of the preparatory work referred to in paragraph 1 of this Article. Those delegated acts shall not cover more than one priority area.

3. The geographical coverage for a data type as referred to in paragraph 1a, points (a) and (c), shall be either the same as or more limited than that defined in Annex III for the categories or subcategories to which the data type belongs, following, where relevant, a stepwise approach.

4. The dates set out in the delegated acts referred to in paragraph 1a, points (a) and (c), shall:

(a) as regards the third column of Annex III, not be earlier than the date two years after the entry into force of the delegated act concerned and shall, where relevant, follow a stepwise approach;

(b) as regards the fourth column of Annex III, not be earlier than the date four years after the entry into force of the delegated act concerned.

In the event that Annex III already specifies a date in the third column, the date for the fourth column shall:

(a) not be earlier than the date two years after the date specified in the third column and not earlier than the date two years after the entry into force of the delegated act concerned;

(b) with respect to static multimodal traffic data for EU-wide multimodal travel information services (location of identified access nodes) on the entire transport network of the EU, not be earlier than 31 December 2032.

However, where the availability of existing data corresponding to information created or updated before the date set out in the third column of Annex III is not considered to be necessary on the ground that the corresponding information is getting outdated quickly, the delegated acts adopted pursuant to paragraph 1a, points (a) and (c) of this Article, may indicate in the fourth column of Annex III that the obligation laid down in Article 6a(1), fourth subparagraph, is not to apply to such data.

5. When adopting delegated acts pursuant to this Article, the Commission shall take into account the requirements of Regulation (EU) 2016/679 and Directive 2002/58/EC, in particular relating to the risk of interference with personal data, and the costs and human resources needed to make the relevant data available with a sufficient level of quality in

order to ensure that those interferences, 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.’;

(9) the following article is inserted: ‘Article 7a Interim measures

1. Without prejudice to incident preparedness and response mechanisms, such as those established under Directive (EU) 2016/1148 of the European Parliament and of the Council (*), the Commission may, at the request of a Member State or on its own initiative, in an emergency situation, adopt immediately applicable implementing acts laying down countermeasures to address the causes and consequences of that situation, such as the suspension of obligations within the scope of the priority areas set under Article 2. The Commission shall inform Member States as soon as possible when it considers that an emergency situation has occurred.

2. The Commission may adopt implementing acts in accordance with paragraph 1 only in the event of an unforeseen emergency situation arising 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 an incident response mechanism or modifying specifications in accordance with Article 6 will ensure a timely and effective response. The measures adopted by the Commission shall be strictly limited to addressing the causes and consequences of such emergency situations.

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3. The adoption of interim measures in accordance with this Article is without prejudice to the competence of Member States to take action in an emergency situation relating to matters of national security or defence which affect ITS applications and services deployed on their territory.

4. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the procedure referred to in Article 15(3). Those implementing acts shall have a period of validity of no more than 8 months. The Commission shall inform Member States when it considers that the emergency situation has ended. The Commission shall repeal those implementing acts once that situation has ended or when the Commission has amended the relevant specifications in order to remedy the situation, whichever comes first.

_____________ (*) Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).’;

(10) Article 8 is replaced by the following: ‘Article 8 Standards

1. The necessary standards to provide for interoperability, compatibility and continuity for the deployment and operational use of ITS shall be developed in the priority areas and for the priority actions. To that effect, the Commission, after consulting the Committee referred to in Article 15, shall request the relevant standardisation bodies in accordance with the procedure laid down in Directive (EU) 2015/1535 of the European Parliament and of the Council (*) to make every necessary effort to adopt these standards rapidly.

2. When issuing a mandate to the standardisation bodies, the principles set out in Annex II shall be observed as well as any functional provisions included in a specification adopted in accordance with Article 6.

_____________ (*) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).’;

(11) Article 10 is replaced by the following: ‘Article 10 Rules on data protection and privacy

1. Data that constitute personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679 of the European Parliament and of the Council (*) shall be processed pursuant to this Directive only insofar as such processing is necessary for the performance of ITS applications, services and actions identified in Annex I of this Directive with a view to ensuring road safety or security, and enhanced traffic, mobility or incident management.

2. Where specifications adopted pursuant to Article 6 concern the processing of 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. In such cases, the impact assessment referred to in Article 6(7) of this Directive shall include an analysis of the impact of such processing on the protection of natural persons with regard to the processing of personal data.

3. Where anonymisation is technically feasible, and the purposes of data processing can be achieved with anonymised data, anonymised data shall be used.

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4. Where anonymisation is not technically feasible, or the purposes of data processing cannot be achieved with anonymised data, data shall be pseudonymised, provided that pseudonymisation is technically feasible and the purposes of data processing can be achieved with the use of pseudonymised data.

_____________ (*) 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).;’

(12) the following article is inserted: ‘Article 10a EU C-ITS security credential management system The specifications for the priority area referred to in Article 2(1), point (d), to be adopted by the Commission in the exercise of its powers pursuant to Article 6(8), shall cover the EU C-ITS security credential management system referred to in point 4.3 of Annex I. The specifications for that system shall lay down the duties of the following roles:

(a) C-ITS certificate policy authority;

(b) C-ITS trust list manager;

(c) C-ITS point of contact.

The Commission shall be responsible for ensuring that the duties of those roles are executed.’;

(13) Article 12 is amended as follows:

(a) paragraph 2 is replaced by the following: ‘2. The power to adopt delegated acts referred to in Articles 6 and 7 shall be conferred on the Commission for a period of five years from 20 December 2023. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’;

(b) paragraph 3 is replaced by the following: ‘3. The delegation of power referred to in Articles 6 and 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’;

(c) paragraph 6 is replaced by the following: ‘6. A delegated act adopted pursuant to Article 6 or 7 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;

(14) Article 15 is replaced by the following: ‘Article 15 Committee procedure

1. The Commission shall be assisted by the European ITS Committee (EIC). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*).

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2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. _____________ (*) 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).’;

(15) Article 17 is replaced by the following: ‘Article 17 Reporting

1. Member States shall submit to the Commission by 21 March 2025 a report on the implementation of this Directive and of the delegated acts adopted on the basis thereof, as well as on their main national activities and projects regarding the priority areas and regarding the availability of data and services listed in Annexes III and IV.

2. The Commission shall adopt implementing acts laying down the template for the initial and progress reports, including a list of key performance indicators for assessing the implementation of this Directive and of the delegated and implementing acts adopted on the basis thereof. Those implementing acts shall, in the light of the principle of proportionality and on the basis of best practices, distinguish between mandatory key performance indicators to be included in the reports and additional indicators that may be included in such reports where appropriate. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(4).

3. Following the initial report, Member States shall report every three years on the progress made in the implementation of this Directive and of the delegated and implementing acts adopted on the basis thereof. The Commission shall ensure that the deadlines for reporting laid down in the delegated acts adopted on the basis of Article 6 are aligned with that frequency.

4. No later than 12 months after each of the deadlines for Member State reports falls due, the Commission shall submit a report to the European Parliament and to the Council on the progress made in the implementation of this Directive and of the delegated acts adopted on the basis thereof. The report shall be accompanied by an analysis of the functioning and implementation, of Articles 5 to 11 and Article 16, including of the financial resources used and required. The report shall also assess the need to amend this Directive, where appropriate.’;

(16) the following article is inserted: ‘Article 18a Review By 31 December 2028, on the basis of the latest Commission report prepared in accordance with Article 17(4), the Commission shall review Article 6a, Article 7 and Annexes III and IV, and may, where appropriate, submit a proposal for amendment. In particular, the Commission may, on the basis of the progress made with regard to the availability and the accessibility of data and in the deployment of services, and taking into account their increased use through ITS applications, propose to adapt the geographical coverage of certain data types and services and add data types and services considered crucial for the further deployment of ITS.’;

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(17) Annex I is replaced by the text set out in Annex I to this Directive;

(18) Annex II is replaced by the text set out in Annex II to this Directive;

(19) the text set out in Annex III to this Directive is added as Annex III;

(20) the text set out in Annex IV to this Directive is added as Annex IV.

Article 2 Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 December 2025. They shall immediately inform the Commission thereof.

By way of derogation from the first subparagraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the reporting obligation set out in Article 17(1) of Directive 2010/40/EU before the deadline for the report provided in that Article.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4 Addressees This Directive is addressed to the Member States.

Done at Strasbourg, 22 November 2023.

For the European Parliament For the Council The President The President R. METSOLA P. NAVARRO RÍOS

ELI: http://data.europa.eu/eli/dir/2023/2661/oj 17/29EN OJ L, 30.11.2023 ANNEX I ‘ANNEX I PRIORITY AREAS (as referred to in Article 2)

1. Priority area I: Information and mobility ITS services

The specifications and standards for information and mobility ITS services for passengers shall include the following:

1.1. Specifications for EU-wide multimodal digital mobility services (including EU-wide multimodal travel information services) The definition of the necessary requirements to make EU-wide multimodal digital mobility services and similar services providing information, booking or purchasing features for more than one transport operator within the same mode of transport accurate and available across borders to ITS users, based on:

1.1.1. the availability and accessibility of existing and accurate multimodal traffic and travel data, used for multimodal digital mobility services to ITS service providers without prejudice to safety and transport management constraints;

1.1.2. the facilitation of the electronic data exchange between the relevant public authorities and stakeholders and the relevant ITS service providers, across borders, in particular through standardised interfaces;

1.1.3. the timely updating by the relevant public authorities and stakeholders of available multimodal traffic and travel data, used for multimodal digital mobility services;

1.1.4. the timely updating of multimodal travel information, including information related to booking and purchasing where relevant of transport services, by the ITS service providers.

1.2. Specifications for EU-wide road traffic information and navigation services (including EU-wide real-time traffic information services) The definition of the necessary requirements to make EU-wide road traffic information and navigation services accurate and available across borders to ITS users, based on:

1.2.1. the availability and accessibility of existing and accurate road and traffic data, including real-time data, used for real-time traffic information to ITS service providers and other relevant stakeholders, and for use in digital maps, without prejudice to safety and transport management constraints;

1.2.2. the facilitation of the electronic data exchange between the relevant public authorities, stakeholders and the relevant ITS service providers, across borders, including feedback on quality of data;

1.2.3. the timely updating of available road and traffic data used for real-time traffic information by the relevant public authorities and stakeholders;

1.2.4. the timely updating of real-time traffic information to road users and other relevant stakeholders by the ITS service providers.

1.3. Specifications for EU-wide multimodal digital mobility services and road traffic information and navigation services

1.3.1. The definition of the necessary requirements for the collection by relevant public authorities and/or, where relevant, by the private sector of road and traffic data (i.e. traffic circulation plans, traffic regulations and recommended routes, notably for heavy goods vehicles) and for their provisioning to ITS service providers, based on:

1.3.1.1. the availability and accessibility, to ITS service providers, of existing road and traffic data (i.e. traffic circulation plans, traffic regulations and recommended routes) collected by the relevant public authorities and/or the private sector;

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1.3.1.2. the facilitation of the electronic data exchange between the relevant public authorities and the ITS service providers and other relevant stakeholders;

1.3.1.3. the timely updating, by the relevant public authorities and/or, where relevant, the private sector, of road and traffic data (i.e. traffic circulation plans, traffic regulations and recommended routes);

1.3.1.4. the timely updating, by the ITS service providers, of the ITS services and applications using these road and traffic data.

1.3.2. The definition of the necessary requirements to make road, traffic and relevant travel and multimodal infrastructure data used for digital maps accurate and available, where possible, to digital map producers and service providers, based on:

1.3.2.1. the availability and accessibility of existing road, traffic and relevant travel and multimodal infrastructure data, including identified access nodes, used for digital maps to digital map producers and service providers;

1.3.2.2. the facilitation of the electronic data exchange between the relevant public authorities and stakeholders and the private digital map producers and service providers;

1.3.2.3. the timely updating of road and traffic data for digital maps by the relevant public authorities and stakeholders;

1.3.2.4. the timely updating of the digital maps by the digital map producers and service providers.

2. Priority area II: Travel, transport and traffic management ITS services The specifications and standards for travel, transport and traffic management ITS services shall include the following:

2.1. Specifications for enhanced traffic and incident management services The definition of the necessary requirements to support and harmonise enhanced traffic and incident management services, based on:

2.1.1. the availability and accessibility of existing and accurate road and traffic data and data on accidents and incidents needed for traffic and incident management services;

2.1.2. the facilitation of electronic data exchange, including freight data relevant for the traffic and incident management (e.g. carriage of dangerous goods, goods-related access restrictions, oversized carriages), between traffic management centres, traffic information centres, stakeholders and the relevant ITS service providers, across borders, in particular through standardised interfaces;

2.1.3. the timely updating of available road and traffic data and data on accidents and incidents needed for enhanced traffic and incident management services by the relevant stakeholders;

2.1.4. the availability and accessibility of data and synergies with other initiatives aimed at supporting multimodality, integration of modes and the facilitation of modal shift on the European transport network towards the most sustainable modes of transport, through the harmonisation and facilitation of data sharing (1)*.

2.2. Specifications for mobility management services The definition of the necessary requirements to support the development of accurate mobility management services by public transport authorities, based on:

2.2.1. the availability and accessibility, in a standardised format, of existing, accurate road and multimodal travel and traffic data needed for mobility management, to the relevant public authorities without prejudice to data protection requirements;

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2.2.2. the facilitation of electronic data exchange between the relevant public authorities and stakeholders and the relevant ITS service providers, across borders;

2.2.3. the timely updating of available road and multimodal travel and traffic data needed for mobility management by the relevant public authorities and stakeholders.

2.3. EU framework for ITS architecture The definition of the necessary measures to develop an EU ITS framework architecture, addressing specifically ITS- related interoperability, continuity of services and multimodality aspects, within which Member States and their competent authorities in cooperation with the private sector can develop their own ITS architecture for mobility at national, regional or local level.

2.4. ITS applications and freight transport logistics The definition of the necessary requirements to support the realisation of ITS applications for freight transport logistics, in particular the tracking and tracing of freight and other visibility services along its journey and across modes of transport, based on:

2.4.1. the availability of relevant ITS technologies to and their use by ITS application developers;

2.4.2. the availability of cargo related data, accessible through other specific data sharing frameworks (2)*

2.4.3. the integration of positioning results in the traffic management tools and centres.

3. Priority area III: Road safety and security ITS services

The specifications and standards for road safety and security ITS services shall include the following:

3.1. Specifications for the interoperable EU-wide eCall The definition of the necessary measures for the harmonised provision of an interoperable EU-wide eCall,

including:

3.1.1. the availability of the required in-vehicle ITS data to be exchanged;

3.1.2. the availability of the necessary equipment in the emergency call response centres receiving the data emitted from the vehicles;

3.1.3. the facilitation of the electronic data exchange between the vehicles and the emergency call response centres, including possible interaction with data in the scope of Regulation (EU) 2020/1056 and with e-CMR (3)*, for instance in the case of dangerous goods.

3.2. Specifications for information and reservation services for safe and secure parking places for trucks and commercial vehicles The definition of the necessary measures to provide ITS based information and, where available, reservation services for safe and secure parking places for trucks and commercial vehicles, in particular in service and rest areas on roads, based on:

3.2.1. the availability of the road parking information to users;

3.2.2. the facilitation of the electronic data exchange between road parking sites and spaces, centres and vehicles;

3.2.3. the integration of relevant ITS technologies in both vehicles and road parking facilities to update the information on available parking space for reservation purposes.

3.3. Specifications for road safety-related minimum universal traffic information The definition of minimum requirements, for road safety-related ‘universal traffic information’ provided, where possible, free of charge to all users, as well as their minimum content, based on:

3.3.1. the availability and accessibility of accurate data on safety-related events and conditions needed for safety- related traffic information and incident management services;

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3.3.2. the deployment or use of the means to detect or identify safety-related events and conditions;

3.3.3. the identification and use of a standardised list of safety-related traffic events (‘universal traffic messages’) which should be communicated to ITS users free of charge;

3.3.4. the compatibility and the integration of ‘universal traffic messages’ into ITS services for real-time traffic and multimodal travel information.

3.4. Specifications for other actions

3.4.1. The definition of the necessary measures to support the safety of road users with respect to their on-board Human-Machine Interface and the use of nomadic devices including cell phones, to support the driving task and/or the transport operation, as well as the security of the in-vehicle communications which fall outside the scope of Regulations (EU) No 167/2013 (4)*, (EU) No 168/2013 (5)* and (EU) 2018/858 (6)* of the European Parliament and of the Council.

3.4.2. The definition of the necessary measures to improve the safety and comfort of vulnerable road users for all relevant ITS applications which fall outside the scope of Regulations (EU) No 167/2013, (EU) No 168/2013 and (EU) 2018/858.

3.4.3. The definition of the necessary measures to integrate advanced driver support information systems into vehicles and road infrastructure which fall outside the scope of Regulations (EU) No 167/2013, (EU) No 168/2013 and (EU) 2018/858.

3.4.4. The definition of the necessary measures to facilitate the exchange of information between services providers of security ITS applications, such as support to recover stolen vehicles or goods, and relevant public authorities, taking due account of other existing and emerging frameworks aimed at facilitating data sharing in mobility and transport which fall outside the scope of Regulations (EU) No 167/2013, (EU) No 168/2013 and (EU) 2018/858.

4. Priority area IV: ITS services for cooperative, connected and automated mobility The specifications and standards for linking vehicles with the transport infrastructure, raising awareness and enabling highly automated mobility services, shall include the following, without prejudice to specifications and standards in Regulations (EU) No 167/2013, (EU) No 168/2013 and (EU) 2018/858:

4.1. The definition of necessary measures to further progress the development and implementation of cooperative (vehicle-vehicle, vehicle-infrastructure, infrastructure-infrastructure) intelligent transport systems, in particular to support CCAM, based on:

4.1.1. the facilitation of the exchange of data or information between vehicles, between infrastructures and between vehicles and infrastructures and between other road users and vehicles and infrastructures;

4.1.2. the availability of the relevant data or information to be exchanged to the respective vehicle or road infrastructure parties;

4.1.3. the use of a standardised message format for the exchange of data or information between the vehicle and the infrastructure;

4.1.4. the definition of an accurate and reliable communication infrastructure for data or information exchange between vehicles, between infrastructures and between vehicles and infrastructures;

4.1.5. the use of standardisation processes to adopt the respective architectures.

4.2. Specifications for services

4.2.1. C-ITS information and warning services based on status data that increase the awareness of transport users of upcoming traffic situations;

4.2.2. C-ITS information and warning services based on observations that further increase the awareness of transport users on upcoming traffic situations, including non-connected transport users;

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4.2.3. C-ITS services based on intentions that allow vehicles to deal with complex traffic scenarios and enable highly automated driving;

4.2.4. C-ITS infrastructure services to support automated driving.

4.3. Specifications for the EU C-ITS security credential management system

4.3.1. certificate policy for the management of public key certificates for C-ITS services;

4.3.2. laying down the role of the C-ITS certificate policy authority, the C-ITS trust list manager and the C-ITS point of contact;

4.3.3. security policy for the management of information security in C-ITS. _____________

(1)* Such as 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).

(2)* Such as Regulation (EU) 2020/1056.

(3)* Additional Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) concerning the electronic consignment note.

(4)* Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).

(5)* Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).

(6)* Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).’ 22/29 ELI: http://data.europa.eu/eli/dir/2023/2661/ojEN OJ L, 30.11.2023 ANNEX II ‘ANNEX II PRINCIPLES FOR SPECIFICATIONS AND DEPLOYMENT OF ITS (as referred to in Articles 5, 6, 7 and 8) The adoption of specifications, the issuing of mandates for standards and the selection and deployment of ITS applications and services shall be based upon an evaluation of needs involving all relevant stakeholders, and shall comply with the following principles. These measures shall:

(a) be effective – make a tangible contribution towards solving the key challenges affecting road transportation in Europe (e.g. reducing congestion, addressing emergency situations and weather phenomena, lowering of emissions, improving energy efficiency, attaining higher levels of safety and security including vulnerable road users);

(b) be cost-efficient – optimise the ratio of costs in relation to output with regard to meeting objectives;

(c) be proportionate – provide, where appropriate, for different levels of achievable service quality and deployment, taking into account the local, regional, national and European specificities;

(d) support continuity of – ensure seamless services across the Union, in particular on the trans-European services network, and where possible at its external borders, when ITS services are deployed. Continuity of services should be ensured at a level adapted to the characteristics of the transport networks linking countries with countries, and where appropriate, regions with regions and cities with rural areas;

(e) deliver interoperability – ensure that systems applications, services, and the underlying business processes have the capacity to exchange data and to share information and knowledge in a standardised format to enable effective ITS service delivery;

(f) support backward – ensure, where justified, the capability for ITS systems to work with existing compatibility systems that share a common purpose, without hindering the development of new technologies and while supporting, where relevant, the complementarity with or transition to new technologies;

(g) respect existing national – take into account the inherent differences in the transport network infrastructure and characteristics, in particular in the sizes of the traffic volumes and in road network characteristics weather conditions and the specificities of infrastructures;

(h) promote equality of – do not impede or discriminate against access to ITS applications and services by access vulnerable road users. Where relevant, be accessible for persons with disabilities in line with the accessibility requirements of Annex I of Directive

(EU) 2019/882 when the ITS applications and services are meant to interface or provide information to ITS users with disabilities; be user-friendly towards persons with limited digital knowledge;

(i) support maturity – demonstrate, after appropriate risk assessment, including where appropriate tests under real life conditions, across vehicle and device manufacturers and infrastructure providers, the robustness of innovative ITS systems, through a sufficient level of technical development and operational exploitation;

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(j) deliver quality of timing – ensure the compatibility of ITS applications and services, which rely on timing and positioning or positioning, with at least the navigation services provided by the Galileo, including Open Service Navigation Message Authentication and other Galileo services such as the High Accuracy Service, when such service becomes available, and the European Geostationary Navigation Overlay Service

(EGNOS) systems.

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;

(k) facilitate intermodality – take into account the coordination of various modes of transport, where appropriate, when deploying ITS;

(l) respect coherence – take into account existing Union rules, policies and activities which are relevant in the field of ITS, in particular in the field of standardisation and, for specifications, the principle of technological neutrality as laid down in Directive

(EU) 2018/1972;

(m) deliver transparency – deliver transparency, for instance by ensuring transparency of ranking, and trust including on environmental effects, when proposing mobility options to the customers.’ 24/29 ELI: http://data.europa.eu/eli/dir/2023/2661/ojELI:

http://data.europa.eu/eli/dir/2023/2661/oj 25/29 ANNEX III ‘ANNEX III List of data types Date referred in Date referred in Article 6a(1), Data type Geographical coverage Article 6a(1), second third subparagraph subparagraph

1. Data relating to the provision of EU-wide road traffic information and navigation services (as referred to in Annex I, Priority area I, paragraphs 1.2, 1.3):

1.1. Category: Static and dynamic traffic regulations, where applicable, concerning:

Subcategory: The trans-European core network for roads 31 December 2025 31 December 2027 — access conditions for tunnels — access conditions for bridges — speed limits The comprehensive trans-European network for roads, other motorways and 31 December 2026 31 December 2028 — overtaking bans on heavy goods vehicles sections of primary roads, where the total annual average daily traffic is more — weight/length/width/height restrictions than 8 500vehicles, and all roads in the cities at the centre of each Urban Node as defined in Article 3, point (p), of Regulation (EU) No 1315/2013 of the European Parliament and of the Council(1)and listed in that Regulation, including those administered by the cities. The Member State may choose to limit the coverage in cities at the centre of Urban Nodes to streets where the annual average daily traffic is more than 7 000 vehicles. The Member State taking that decision shall notify the Commission thereof by 31 December 2026

Subcategory: Road infrastructure in the cities at the centre of each Urban Node as defined in 31 December 2025 31 December 2027 — one-way streets Article 3, point (p), of Regulation (EU) No 1315/2013

Subcategory: Road infrastructure in the cities at the centre of each Urban Node as defined in 31 December 2026 Delegated acts to be adopted — freight delivery regulations Article 3, point (p), of Regulation (EU) No 1315/2013 pursuant to Article 7(1a), points (a), (b) and(c)

(1) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).

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30.11.2023 EN26/29

ELI:

http://data.europa.eu/eli/dir/2023/2661/oj Date referred in Date referred in Article 6a(1), Data type Geographical coverage Article 6a(1), second third subparagraph subparagraph

Subcategory: The core and comprehensive trans-European network for roads, other 31 December 2026 Delegated acts to be adopted — direction of travel on reversable lanes motorways and sections of primary roads, where the total annual average daily pursuant to Article 7(1a), traffic is more than 8 500vehicles, and all roads in the cities at the centre of each points (a), (b) and(c) Urban Node as defined in Article 3, point (p), of Regulation (EU) No 1315/2013 and listed in that Regulation, including those administered by the cities. The Member State may choose to limit the coverage in cities at the centre of Urban Nodes to streets where the annual average daily traffic is more than 7 000 vehicles. The Member State taking that decision shall notify the Commission thereof by 31 December 2026

Subcategory: The core and comprehensive trans-European network for roads, other 31 December 2028 Delegated acts to be adopted — traffic circulations plans motorways and sections of primary roads, where the total annual average daily pursuant to Article 7(1a), traffic is more than 8 500vehicles, and all roads in the cities at the centre of each points (a), (b) and (c) Urban Node as defined in Article 3, point (p), of Regulation (EU) No 1315/2013 and listed in that Regulation, including those administered by the cities. The Member State may choose to limit the coverage in cities at the centre of Urban Nodes to streets where the annual average daily traffic is more than 7 000 vehicles. The Member State taking that decision shall notify the Commission thereof by 31 December 2028

Subcategory: The core and comprehensive trans-European network for roads, other 31 December 2026 Delegated acts to be adopted — permanent access restrictions motorways and sections of primary roads, where the total annual average daily pursuant to Article 7(1a), traffic is more than 8 500vehicles, and all roads in the cities at the centre of each points (a), (b) and (c) Urban Node as defined in Article 3, point (p), of Regulation (EU) No 1315/2013 and listed in that Regulation, including those administered by the cities. The Member State may choose to limit the coverage in cities at the centre of Urban Nodes to streets where the annual average daily traffic is more than 7 000 vehicles. The Member State taking that decision shall notify the Commission thereof by 31 December 2026 EN OJ L,

30.11.2023ELI:

http://data.europa.eu/eli/dir/2023/2661/oj 27/29 Date referred in Date referred in Article 6a(1), Data type Geographical coverage Article 6a(1), second third subparagraph subparagraph

Subcategory: The core and comprehensive trans-European network for roads, other 31 December 2026 Delegated acts to be adopted — boundaries of restrictions, prohibitions or obli­ motorways and sections of primary roads, where the total annual average daily pursuant to Article 7(1a), gations with zonal validity, current access status traffic is more than 8 500vehicles, and all roads in the cities at the centre of each points (a), (b) and (c) and conditions for circulation in regulated traffic Urban Node as defined in Article 3, point (p), of Regulation (EU) No 1315/2013 zones and listed in that Regulation, including those administered by the cities. The Member State may choose to limit the coverage in cities at the centre of Urban Nodes to streets where the annual average daily traffic is more than 7 000 vehicles. The Member State taking that decision shall notify the Commission thereof by 31 December 2026

1.2. Types of data on the state of the network:

Subcategory: The trans-European core network for roads 31 December 2025 Not applicable (note 1) — road closures — lane closures — roadworks The comprehensive trans-European network for roads 31 December 2026 Not applicable (note 1)

Subcategory: The trans-European core and comprehensive network for roads 31 December 2028 Not applicable (note 1) — temporary traffic management measures

2. Data relating to information and reservation services for safe and secure parking places for trucks and commercial vehicles (as referred to in Annex I, Priority area III, paragraph 3.2):

Category: static data The trans-European core network for roads 31 December 2025 31 December 2026

Subcategory: — static data related to the parking areas — information on safety and equipment of the The comprehensive trans-European network for roads 31 December 2026 31 December 2027 parking area

Category: dynamic data The trans-European core and comprehensive network for roads 31 December 2027 Not applicable (note 1)

Subcategory: — dynamic data on availability of parking places

including whether a parking is: full, closed or number of free places available.

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ELI:

http://data.europa.eu/eli/dir/2023/2661/oj Date referred in Date referred in Article 6a(1), Data type Geographical coverage Article 6a(1), second third subparagraph subparagraph

3. Data on detected road safety-related events or conditions relating to road-safety-related minimum universal traffic information (as referred to in Annex I, Priority area III, paragraph

3.3):

Category: dynamic data The core and comprehensive trans-European network for roads and other 31 December 2025 Not applicable (note 1)

Subcategory: motorways not included in that network — temporary slippery road — animal, people, obstacles, debris on the road — unprotected accident area — short-term road works — wrong-way driver — unmanaged blockage of a road

Subcategory: The core and comprehensive trans-European network for roads and other 31 December 2026 Not applicable (note 1) — reduced visibility motorways not included in that network — exceptional weather conditions

4. Static multimodal traffic data for EU-wide multimodal travel information services (as referred to in Annex I, Priority area I, paragraphs 1.1 and 1.3):

Category Urban nodes as defined in Article 3, point (p), of Regulation (EU) No 1315/2013 31 December 2026 Delegated acts to be adopted Location of identified access nodes for all scheduled and listed in that Regulation, including those administered by the cities pursuant to Article 7(1a), modes, including information on accessibility of points (a), (b) and(c) access nodes and paths within an interchange (such as existence of lifts, escalators) The entire transport network of the Union 31 December 2028 Delegated acts to be adopted pursuant to Article 7(1a), points (a), (b) and (c) NOTE 1: “Not applicable: no obligation to make the data created or updated before the date set out in the third column of this Annex available pursuant to Article 6a(1)”.’.

EN OJ L,

30.11.2023EN OJ L, 30.11.2023 ANNEX IV ‘ANNEX IV List of ITS services Service Geographical coverage Date Road safety-related minimum universal traffic The core and comprehensive trans-European 31 December 2026’ information (SRTI) service as referred to in network for roads Annex I, priority area III, paragraph 3.3

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