Commission Delegated Regulation (EU) 2017/79Dangos y teitl llawn

Commission Delegated Regulation (EU) 2017/79

of 12 September 2016

establishing detailed technical requirements and test procedures for the [F1 GB type-approval] of motor vehicles with respect to their 112-based eCall in-vehicles systems, of 112-based eCall in-vehicle separate technical units and components and supplementing and amending Regulation (EU) 2015/758 of the European Parliament and of the Council with regard to the exemptions and applicable standards

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC(1), and in particular Article 2(2), Article 5(8) and (9) and Article 6(12) thereof,

Whereas:

(1) Regulation (EU) 2015/758 lays down a general obligation for new types of vehicles of categories M₁ and N₁ to be equipped with 112-based eCall in-vehicle systems as of 31 March 2018.

(2) It is necessary to set out the detailed technical requirements and test procedures for the approval of motor vehicles with respect to their 112-based eCall in-vehicle systems. The test procedures also allow for testing and approval of 112-based eCall in-vehicle separate technical units (‘STUs’) and components intended for fitment in motor vehicles or for integration in 112-based eCall in-vehicle systems.

(3) Tests should be carried out by technical services in their capacity as foreseen in Directive 2007/46/EC of the European Parliament and of the Council(2) that establishes the general framework for the EC type-approval of motor vehicles and defines the roles and responsibilities of all the actors involved at different stages of the approval process.

(4) Tests and requirements should be designed in such a way that duplicated testing is avoided. In addition, some flexibility is required regarding special purpose vehicles that are built in multiple stages in accordance with Directive 2007/46/EC as they are exempted from the frontal and lateral collision requirements under UNECE Regulations 94 and 95. For that reason, the approval granted at a previous stage of the process to the base vehicle with respect to the 112-based eCall in-vehicle system should remain valid, unless the system or its sensors were modified after the approval.

(5) There are cases where certain classes of vehicles cannot for technical reasons be fitted with an appropriate eCall triggering mechanism and should be exempted from the requirements of Regulation (EU) 2015/758. Following an assessment of the costs and benefits carried out by the Commission and taking into account the relevant safety and technical aspects, those classes of vehicles are identified and included in a list established in Annex IX.

(6) The 112-based eCall in-vehicle system needs to remain functional after a severe accident. An automatic eCall is most beneficial in a high-severity collision where the risk of occupants of the vehicle being incapacitated and not able to call for assistance without an eCall system is highest. The 112-based eCall in-vehicle systems, components and STUs should therefore be tested to verify their sustained functionality after being subjected to inertial loads similar to those that may occur during a severe vehicle crash.

(7) The post-crash functioning and automatic triggering of the 112-based eCall in-vehicle system should also be ensured at vehicle level. A full-scale impact test procedure should therefore be set out to verify that the vehicle is constructed in such a way that its 112-based eCall in-vehicle system survives a frontal and side collision in its original mounting situation and configuration.

(8) The core functionality of a 112-based eCall in-vehicle system is not only to notify the Public Safety Answering Point (‘PSAP’) of an accident, but also to establish a voice connection between occupants of the vehicle and a PSAP operator. The audio equipment of the 112-based eCall in-vehicle system should therefore be tested after the full-scale crash tests to guarantee that it does not suffer loudness reduction or distortions that make voice communication impossible.

(9) Where a 112-based eCall in-vehicle system is approved for use in conjunction with a system providing third party services (‘TPS system’), it should be ensured that only one of those systems is active at a time and that the 112-based eCall in-vehicle system is triggered automatically when the TPS system does not function. The manufacturer of vehicles fitted with 112-based eCall in-vehicle system and TPS system should explain the fall-back procedure built-in the TPS system and describe the principles of the changeover mechanism between the TPS system and the 112-based eCall in-vehicle system.

(10) To ensure the provision of accurate and reliable position information, the 112-based eCall in-vehicle system should be able to use the positioning services provided by the Galileo and the EGNOS systems.

(11) The 112-based eCall in-vehicle system should warn the occupants of a vehicle in the event the system is unable to execute an emergency call. A procedure should therefore be set out for the verification of the self-testing of the system and of its compliance with the malfunction indication requirements.

(12) Manufacturers should ensure that the 112-based eCall in-vehicle systems are not traceable and not subject to any constant tracking. For that purpose, a test procedure should be set out to verify that the 112-based eCall in-vehicle system is not available for communication with the PSAP before the eCall is triggered.

(13) Any data processed through the 112-based eCall in-vehicle system must be adequate, relevant and proportionate to the purposes for which those data are collected and processed. To that end, appropriate procedures should be laid down to verify that the data in the internal memory of the system are automatically and continuously removed and are not retained longer than necessary for the purpose of handling the emergency call.

(14) The versions of the applicable standards on which the requirements for eCall are based should be updated.

(15) Vehicle manufacturers should be given sufficient time to adapt to the technical requirements for the approval of 112-based eCall in-vehicle systems. The Member States should also be given sufficient time to deploy on their territory the PSAP infrastructure required for the proper receipt and handling of emergency calls. For that reason, the date of application of this Regulation should be the same as the date of compulsory application of the 112-based eCall in-vehicle systems in accordance with Regulation (EU) 2015/758,

HAS ADOPTED THIS REGULATION:

Textual Amendments

F1 Words in Regulation title substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 79(2)

(1)

OJ L 123, 19.5.2015, p. 77.

(2)

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).