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

Article 1

Subject matter

This Regulation establishes the general requirements for the EC type-approval of vehicles in respect of the 112-based eCall in-vehicle systems, and of 112-based eCall in-vehicle systems, components and separate technical units.

Article 2

Scope

It shall not apply to the following vehicles:

(a) vehicles produced in small series approved pursuant to Articles 22 and 23 of Directive 2007/46/EC;

(b) vehicles approved pursuant to Article 24 of Directive 2007/46/EC;

(c) vehicles which cannot for technical reasons be equipped with an appropriate eCall triggering mechanism, as determined in accordance with paragraph 2.

The first such delegated acts shall be adopted by 9 June 2016.

Article 3

Definitions

For the purposes of this Regulation and in addition to the definitions laid down in Article 3 of Directive 2007/46/EC, the following definitions apply:

(1) ‘112-based eCall in-vehicle system’ means an emergency system, comprising in-vehicle equipment and the means to trigger, manage and enact the eCall transmission, that is activated either automatically via in-vehicle sensors or manually, which carries, by means of public mobile wireless communications networks, a minimum set of data and establishes a 112-based audio channel between the occupants of the vehicle and an eCall PSAP;

(2) ‘eCall’ means an in-vehicle emergency call to 112, made either automatically by means of the activation of in-vehicle sensors or manually, which carries a minimum set of data and establishes an audio channel between the vehicle and the eCall PSAP via public mobile wireless communications networks;

(3) ‘public safety answering point’ or ‘PSAP’ means a physical location where emergency calls are first received under the responsibility of a public authority or a private organisation recognised by the Member State;

(4) ‘most appropriate PSAP’ means a PSAP determined beforehand by the responsible authorities to cover emergency calls from a certain area or for emergency calls of a certain type;

(5) ‘eCall PSAP’ means the most appropriate PSAP determined beforehand by the authorities to first receive and handle eCalls;

(6) ‘minimum set of data’ or ‘MSD’ means the information defined by the standard ‘Intelligent transport systems — eSafety — eCall minimum set of data (MSD)’ (EN 15722:2011) which is sent to the eCall PSAP;

(7) ‘in-vehicle equipment’ means equipment permanently installed within the vehicle that provides or has access to the in-vehicle data required to perform the eCall transaction via a public mobile wireless communications network;

(8) ‘eCall transaction’ means the establishment of a mobile wireless communications session across a public wireless communications network and the transmission of the MSD from a vehicle to an eCall PSAP and the establishment of an audio channel between the vehicle and the same eCall PSAP;

(9) ‘public mobile wireless communications network’ means a mobile wireless communications network available to the public in accordance with Directives 2002/21/EC (¹) and 2002/22/EC (²) of the European Parliament and of the Council;

(10) ‘third party services supported eCall’ or ‘TPS eCall’ means an in-vehicle emergency call to a third party service provider, made either automatically by means of the activation of in-vehicle sensors or manually, which carries, by means of public mobile wireless communications networks, the MSD and establishes an audio channel between the vehicle and the third party service provider;

(11) ‘third party service provider’ means an organisation recognised by national authorities as being allowed to receive a TPS eCall and to forward the MSD to the eCall PSAP;

(12) ‘third party services eCall in-vehicle system’ or ‘TPS eCall in-vehicle system’ means a system activated either automatically via in-vehicle sensors or manually, which carries, by means of public mobile wireless communications networks, the MSD and establishes an audio channel between the vehicle and the third party service provider.

Article 4

General obligations of the manufacturers

Manufacturers shall demonstrate that all new types of vehicles referred to in Article 2 are equipped with a permanently installed 112-based eCall in-vehicle system, in accordance with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation.

Article 5

Specific obligations of manufacturers

Manufacturers shall demonstrate that new types of vehicles are constructed in such a way as to ensure that an eCall to the single European emergency number 112 can also be triggered manually.

Manufacturers shall ensure that the manual trigger control of the 112-based eCall in-vehicle system is designed in such a way as to avoid mishandling.

Paragraph 2 is without prejudice to the right of the vehicle owner to use a TPS eCall in-vehicle system providing a similar service, in addition to the 112-based eCall in-vehicle system, provided that all the following conditions are met:

(a) the TPS eCall in-vehicle system shall comply with the standard EN 16102:2011 ‘Intelligent transport systems — eCall — Operating requirements for third party support’;

(b) manufacturers shall ensure that there is only one system active at a time and that the 112-based eCall in-vehicle system is triggered automatically in the event that the TPS eCall in-vehicle system does not function;

(c) the vehicle owner shall have the right to choose to use the 112-based eCall in-vehicle system rather than a TPS eCall in-vehicle system at all times;

(d) manufacturers shall include information on the right referred to in point (c) in the owner's manual.

The technical requirements and tests referred to in the first subparagraph shall be based on the requirements set out in paragraphs 2 to 7 and on the available standards relating to eCall, where applicable, including:

(a) EN 16072:2025‘Intelligent transport systems – eSafety – Pan-European eCall operating requirements’;

(b) from 9 May 2024 until 31 December 2025, EN 16062:2023 ‘Intelligent transport systems – eSafety – eCall High Level Application Requirements (HLAP)’; and from 1 January 2026, CEN/TS 17184:2022 ‘Intelligent transport systems – eSafety – eCall high level application protocols (HLAP) using IP multimedia subsystem (IMS) over packet-switched networks’;

(c) from 9 May 2024 until 31 December 2025, EN 16454:2023 ‘Intelligent transport systems – eSafety – eCall end to end conformance testing’; and from 1 January 2026, CEN/TS 17240:2018 ‘Intelligent transport systems – eSafety – eCall end to end conformance testing for IMS packet-switched based systems’;

(d) EN 15722:2020 ‘Intelligent transport systems – eSafety – eCall minimum set of data (MSD)’;

(e) EN 16102:2011 ‘Intelligent transport systems — eCall — Operating requirements for third party support’;

(f) any additional European standards relating to the eCall system adopted in conformity with the procedures laid down in Regulation (EU) No 1025/2012 of the European Parliament and of the Council (³), or Regulations of the United Nations Economic Commission for Europe (UNECE Regulations) relating to eCall systems to which the Union has acceded.

The first such delegated acts shall be adopted by 9 June 2016.

Article 6

Rules on privacy and data protection

Manufacturers shall provide clear and comprehensive information in the owner's manual about the processing of data carried out through the 112-based eCall in-vehicle system. That information shall consist of:

(a) the reference to the legal basis for the processing;

(b) the fact that the 112-based eCall in-vehicle system is activated by default;

(c) the arrangements for data processing that the 112-based eCall in-vehicle system performs;

(d) the specific purpose of the eCall processing, which shall be limited to the emergency situations referred to in the first subparagraph of Article 5(2);

(e) the types of data collected and processed and the recipients of that data;

(f) the time limit for the retention of data in the 112-based eCall in-vehicle system;

(g) the fact that there is no constant tracking of the vehicle;

(h) the arrangements for exercising data subjects' rights as well as the contact service responsible for handling access requests;

(i) any necessary additional information regarding traceability, tracking and processing of personal data in relation to the provision of a TPS eCall and/or other added value services, which shall be subject to explicit consent by the owner and in compliance with Directive 95/46/EC. Particular account shall be taken of the fact that differences may exist between the data processing carried out through the 112-based eCall in-vehicle system and the TPS eCall in-vehicle systems or other added value services.

The Commission shall be empowered to adopt delegated acts in accordance with Article 8 in order to establish:

(a) the detailed technical requirements and test procedures for the application of the rules on personal data processing referred to in paragraphs 2 and 3;

(b) the detailed technical requirements and test procedures for ensuring that there is no exchange of personal data between the 112-based eCall in-vehicle system and third party systems as referred to in paragraph 11.

The first such delegated acts shall be adopted by 9 June 2016.

The Commission shall, by means of implementing acts, lay down:

(a) the practical arrangements for assessing the absence of traceability and tracking referred to in paragraphs 4, 5 and 6;

(b) the template for the user information referred to in paragraph 9.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).

The first such implementing acts shall be adopted by 9 June 2016.

Article 7

Obligations of the Member States

With effect from 31 March 2018, national authorities shall only grant EC type-approval in respect of the 112-based eCall in-vehicle system to new types of vehicles and to new types of 112-based eCall in-vehicle systems, components and separate technical units designed and constructed for such vehicles which comply with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation.

Article 8

Exercise of the delegation

Article 9

Implementing acts

The Commission shall adopt implementing acts laying down the administrative provisions for the EC type-approval of vehicles with regard to the 112-based eCall in-vehicle system and of 112-based eCall in-vehicle systems, components and separate technical units designed and constructed for such vehicles as required by Article 5(1) regarding:

(a) the templates for the information documents to be provided by manufacturers for the purposes of the type-approval;

(b) the templates for the EC type-approval certificates;

(c) the model(s) for the EC type-approval mark.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).

The first such implementing acts shall be adopted by 9 June 2016.

Article 10

Committee procedure

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.

Article 11

Penalties

The type of non-compliance which is to be subject to a penalty shall include at least the following:

(a) making a false declaration during an approval procedure or a procedure leading to a recall;

(b) falsifying test results for type-approval;

(c) withholding data or technical specifications which could lead to recall, refusal or withdrawal of type-approval;

(d) breaching provisions laid down in Article 6;

(e) acting in breach of the provisions of Article 5(7).

Article 12

Reporting and review

Article 13

Amendments to Directive 2007/46/EC

Annexes I, III, IV and XI to Directive 2007/46/EC are hereby amended in accordance with the Annex to this Regulation.

Article 14

Entry into force

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

Article 2 (2), Article 5(8) and (9), Article 6(12) and (13) and Articles 8, 9, 10 and 12 shall apply from 8 June 2015.

Articles other than those referred to in the second paragraph of this Article shall apply from 31 March 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

Amendments to Directive 2007/46/EC

Directive 2007/46/EC is amended as follows:

(1) in Annex I, the following points are added: ‘12.8.eCall system 12.8.1.Presence: yes/no (¹) 12.8.2.technical description or drawings of the device: …’;

(2) in Annex III, Part I, section A, the following points are added: ‘12.8.eCall system 12.8.1.Presence: yes/no (¹)’;

(3) in Annex IV, Part I is amended as follows: (a) the following item is added to the table: Item Subject Regulatory act Applicability M1 M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘72 eCall system Regulation (EU) 2015/758 X

X’; (b) Appendix 1 is amended as follows: (i) the following item is added to Table 1: Item Subject Regulatory act Specific issues Applicability and specific requirements ‘72 eCall system Regulation (EU) 2015/758

N/A’; (ii) the following item is added to Table 2: Item Subject Regulatory act Specific issues Applicability and specific requirements ‘72 eCall system Regulation (EU) 2015/758

N/A’; (c) in Appendix 2, Section ‘4. Technical Requirements’ is amended as follows: (i) the following item is added to Part I: Vehicles belonging to category M1: Item Regulatory act reference Alternative requirements ‘72 Regulation (EU) 2015/758 (eCall systems) The requirements of that Regulation shall not apply.’; (ii) the following item is added to Part II: Vehicles belonging to category N1: Item Regulatory act reference Alternative requirements ‘72 Regulation (EU) 2015/758 (eCall systems) The requirements of that Regulation shall not apply.’;

(4) Annex XI is amended as follows: (a) in Appendix 1, the following item is added to the table: Item Subject Regulatory act reference M1 ≤ 2 500 () kg M1 > 2 500 () kg M2 M3 ‘72 eCall system Regulation (EU) 2015/758 G G N/A N/A’; (b) in Appendix 2, the following item is added to the table: Item Subject Regulatory act reference M1 M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘72 eCall system Regulation (EU) 2015/758 G N/A N/A G N/A N/A N/A N/A N/A N/A’; (c) in Appendix 3, the following item is added to the table: Item Subject Regulatory act reference M1 ‘72 eCall system Regulation (EU) 2015/758 G’; (d) in Appendix 4, the following item is added to the table: Item Subject Regulatory act reference M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘72 eCall system Regulation (EU) 2015/758 N/A N/A G N/A N/A N/A N/A N/A N/A’.