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Commission Implementing Regulation (EU) 2017/78Show full title

Commission Implementing Regulation (EU) 2017/78 of 15 July 2016 establishing administrative provisions for the EC type-approval of motor vehicles with respect to their 112-based eCall in-vehicle systems and uniform conditions for the implementation of Regulation (EU) 2015/758 of the European Parliament and of the Council with regard to the privacy and data protection of users of such systems (Text with EEA relevance)

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ANNEX I Administrative documents for EC type-approval of motor vehicles with regard to the installation of 112-based eCall in-vehicle systems

PART 1 Information document

MODEL

Information document No … relating to the EC type-approval of a motor vehicle with regard to its 112-based eCall in-vehicle system.

The following information shall be supplied in triplicate and include a list of contents. Any drawings shall be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, shall show sufficient detail.

If the system, components or separate technical units referred to in this information document have electronic controls, information concerning their performance shall be supplied.

0.GENERAL

0.1.Make (trade name of manufacturer): …
0.2.Type: …
0.2.1.Commercial name(s) (if available): …
0.3.Means of identification of type, if marked on the vehicle (1): …
0.3.1.Location of that marking: …
0.4.Category of vehicle (2): …
0.5.Company name and address of manufacturer: …
0.8.Name(s) and address(es) of the assembly plant(s): …
0.9.Name and address of the manufacturer's representative (if any): …

1.GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

1.1.Photographs and/or drawings of a representative vehicle: …

9.BODYWORK

9.1.Type of bodywork (4): …
9.10.Interior arrangements
9.10.2.Arrangement and identification of controls, tell-tales and indicators
9.10.2.1.Photographs and/or drawings of the arrangement of symbols and controls, tell-tales and indicators, in particular showing the symbol and position of the tell-tale/indicator (if any) or a description of other means used for warning the occupants of the vehicles in the event of critical failure that would result in an inability of the system to execute a 112-based eCall: …
9.12.2.Nature and position of supplementary restraint systems (indicate yes/no/optional)
a

The table may be extended as necessary for vehicles with more than two rows of seats or if there are more than three seats across the width of the vehicle.

(L = left-hand side, R = right-hand side, C = centre)

Front airbagSide airbagBelt pre-loading device
First row of seats

L

C

R

Second row of seatsa

L

C

R

9.12.4.A brief description of the electrical/electronic components (if any): …

12.MISCELLANEOUS

12.8.eCall system
12.8.1.Presence: yes/no (3).
12.8.2.Technical description and/or schematic drawings: ….
12.8.3.Type-approval number (if available) of the eCall in-vehicle STU: …
12.8.4.For eCall system not approved as STU:
12.8.4.1.Detailed description, photographs and/or drawings of the eCall system and its position on the vehicle: ….
12.8.4.2.List of the main constituent components of the eCall system: ….
12.8.4.3.Scheme of all electrical connections: …
12.8.5.Presence of TPS eCall system: yes/no (3).
12.8.6.Presence of other added value services: yes/no (3).
12.8.7.Declaration of conformity with the standards referred to in Article 5(8) of Regulation (EU) 2015/758: yes/no (3).

Date, Signature

Explanatory notes

(1)If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).

(2)As defined in Part A of Annex II to Directive 2007/46/EC.

(3)Delete where not applicable.

(4)Use the codes as defined in Part C of Annex II of Directive 2007/46/EC.

PART 2 EC type-approval certificate

MODEL Format A4 (210 × 297 mm)

EC TYPE-APPROVAL CERTIFICATE

Stamp of type-approval authority

Communication concerning:

  • EC type-approval (1)

  • extension of EC type-approval (1)

  • refusal of EC type-approval (1)

  • withdrawal of EC type-approval (1)

of a type of vehicle with regard to the installation of 112-based eCall in-vehicle systems

with regard to Regulation (EU) 2015/758, as last amended by Regulation (EU) …/…

EC type-approval number: …

Reason for extension: …

SECTION I

0.1.Make (trade name of manufacturer): …
0.2.Type: …
0.2.1.Commercial name(s) (if available): …
0.3.Means of identification of type if marked on the vehicle (2): …
0.3.1.Location of that marking: …
0.4.Category of vehicle (3): …
0.5.Company name and address of manufacturer: …
0.8.Name(s) and address(es) of assembly plant(s): …
0.9.Name and address of the representative of the manufacturer (if any): …

SECTION II

1.Additional information (where applicable): see Addendum
2.Technical service responsible for carrying out the tests: …
3.Date of test report: …
4.Number of test report: …
5.Remarks (if any): see Addendum.
6.Place: …
7.Date: …
8.Signature: …
Attachments:
1.

Information package.

2.

Test report.

Explanatory notes

(1)Delete where not applicable.

(2)If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).

(3)As defined in Part A of Annex II to Directive 2007/46/EC.

Addendum to EC type-approval certificate No …

1.Additional information

1.1.Brief description of the eCall system fitted to the vehicle: …
1.2.Location of the eCall system: …
1.3.Means of triggering of the eCall system: …
1.4.Power supply of the eCall system: …
1.5.TPS eCall system fitted on the vehicle: yes/no(4).
1.6.Other added value services: yes/no(4).

2.Type-approval number of an 112-based eCall in-vehicle STU/component(4) installed on the vehicle (if any) to comply with Regulation (EU) 2015/758 and its implementing acts: …

3.Remarks (if any): …

PART 3 User Information Template

The technical documentation handed over together with the vehicle (owner's manual) shall contain clear, comprehensive and easily accessible information on the 112-based eCall in-vehicle system of the vehicle and on the way it operates, as well as regarding any third party service supported eCall system (TPS system) or other added value services fitted on that vehicle and their additional functionalities.

Differences existing between the data processing carried out through the 112-based eCall in-vehicle system and the TPS system or other added value service, if available, shall be clearly spelt out.

The information on privacy and data protection shall be provided separately for the 112-based and the TPS systems prior to their use in order to avoid any confusion as to the purposes pursued and the added value of the data processing.

This template lays down the minimum required information to be provided to the user and may be complemented by other appropriate information having regard to the specific circumstances in which the data is collected or processed.

1.DESCRIPTION OF THE ECALL IN-VEHICLE SYSTEM

1.1.Overview of the 112-based eCall in-vehicle system, its operation and functionalities: …

1.2.The 112-based eCall service is a public service of general interest and is accessible free of charge.

1.3.The 112-based eCall in-vehicle system is activated by default. It is activated automatically by means of in-vehicle sensors in the event of a severe accident. It will also be triggered automatically when the vehicle is equipped with a TPS system which does not function in the event of a severe accident.

1.4.The 112-based eCall in-vehicle system can also be triggered manually, if needed. Instructions for manual activation of the system: …

1.5.In the event of a critical system failure that would disable the 112-based eCall in-vehicle system, the following warning will be given to the occupants of the vehicle: …

2.INFORMATION ON DATA PROCESSING

2.1.Any processing of personal data through the 112-based eCall in-vehicle system shall comply with the personal data protection rules provided for in Directives 95/46/EC(1) and 2002/58/EC(2) of the European Parliament and of the Council, and in particular, shall be based on the necessity to protect the vital interests of the individuals in accordance with Article 7(d) of Directive 95/46/EC(3).

2.2.Processing of such data is strictly limited to the purpose of handling the emergency eCall to the single European emergency number 112.

2.3. Types of data and its recipients

2.3.1.The 112-based eCall in-vehicle system may collect and process only the following data:
  • Vehicle Identification Number

  • Vehicle type (passenger vehicle or light commercial vehicle)

  • Vehicle propulsion storage type (gasoline/diesel/CNG/LPG/electric/hydrogen)

  • Vehicle last three locations and direction of travel

  • Log file of the automatic activation of the system and its timestamp

  • Any additional data (if applicable): …

2.3.2.Recipients of data processed by the 112-based eCall in-vehicle system are the relevant public safety answering points designated by the respective public authorities of the country on which territory they are located, to first receive and handle eCalls to the single European emergency number 112.

Additional information (if available): …

2.4. Arrangements for data processing

2.4.1.The 112-based eCall in-vehicle system is designed in such a way as to ensure that the data contained in the system memory is not available outside the system before an eCall is triggered.

Additional remarks (if any): …

2.4.2.The 112-based eCall in-vehicle system is designed in such a way as to ensure that it is not traceable and not subject to any constant tracking in its normal operation status.

Additional remarks (if any): …

2.4.3.The 112-based eCall in-vehicle system is designed in such a way as to ensure that data in the system internal memory is automatically and continuously removed.
2.4.3.1.The vehicle location data is constantly overwritten in the internal memory of the system so as always to keep maximum of the last three up-to-date locations of the vehicle necessary for the normal functioning of the system.
2.4.3.2.The log of activity data in the 112-based eCall in-vehicle system is kept for no longer than necessary for attaining the purpose of handling the emergency eCall and in any case not beyond 13 hours from the moment an emergency eCall was initiated.

Additional remarks (if any): …

2.5. Modalities for exercising data subject's rights

2.5.1.The data subject (the vehicle's owner) has a right of access to data and as appropriate to request the rectification, erasure or blocking of data, concerning him or her, the processing of which does not comply with the provisions of Directive 95/46/EC. Any third parties to whom the data have been disclosed have to be notified of such rectification, erasure or blocking carried out in compliance with this Directive, unless it proves impossible or involves a disproportionate effort.
2.5.2.The data subject has a right to complain to the competent data protection authority if he or she considers that his or her rights have been infringed as a result of the processing of his or her personal data.
2.5.3.Contact service responsible for handling access requests (if any): …

3.INFORMATION ON THIRD PARTY SERVICES AND OTHER ADDED VALUE SERVICES (IF FITTED)

3.1.Description of the operation and the functionalities of the TPS system/added value service: …

3.2.Any processing of personal data through the TPS system/other added value service shall comply with the personal data protection rules provided for in Directives 95/46/EC and 2002/58/EC.

3.2.1.Legal basis for the use of TPS system and/or added value services and for processing data through them: …

3.3.The TPS system and/or other added value services shall process personal data only on the base of the explicit consent of the data subject (the vehicle's owner or owners).

3.4.Modalities for data processing through TPS system and/or other added value services, including any necessary additional information regarding traceability, tracking and processing of personal data: …

3.5.The owner of a vehicle equipped with a TPS eCall system and/or other added value service in addition to the 112-based eCall in-vehicle system has the right to choose to use the 112-based eCall in-vehicle system rather than the TPS eCall system and the other added value service.

3.5.1.Contact details for handling TPS eCall system deactivation requests: …
(1)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(2)

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).

(3)

Directive 95/46/EC is repealed by 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). The Regulation applies from 25 May 2018.

(4)

Delete where not applicable.

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