Commission Delegated Regulation (EU) 2024/490 of 29 November 2023 amending Delegated Regulation (EU) 2017/1926 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

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 7 thereof,

Whereas:

(1) The Commission’s Communication on a Sustainable and Smart Mobility Strategy (2) identifies the deployment of Intelligent Transport Systems (‘ITS’) as a key action in achieving connected and automated multimodal mobility, and therefore contributing to the transformation of the European transport system to reach the objective of efficient, safe, sustainable, smart and resilient mobility. The strategy announced a revision of Commission Delegated Regulation (EU) 2017/1926 (3) to include mandatory accessibility of dynamic datasets, which is needed to achieve the policy objectives of this strategy, as well as an assessment of the need for regulatory action on rights and duties of multimodal digital service providers.

(2) The European Green Deal (4) 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 reduce congestion and pollution, especially in urban areas. Delegated Regulation (EU) 2017/1926 supports the shift towards more sustainable transport modes, including the use of active modes, such as walking and cycling. By mandating the accessibility of dynamic datasets and new static, historic and observed datasets, as proposed by the amendments to Delegated Regulation (EU) 2017/1926, multimodal travel information services may enhance the information and service to the passenger, to boost multimodal mobility and reduce emissions, in line with the objectives set out in the European Green Deal.

(3) The European strategy for data (5) describes how making more data available is essential for tackling societal, climate and environment-related challenges. The strategy emphasises the benefits that data-driven innovation will bring for citizens and proposes the creation of EU-wide common, interoperable data spaces in strategic sectors, including a common European mobility data space. In that respect, Delegated Regulation (EU) 2017/1926 contributes to the increased accessibility and sharing of data on multimodal travel information. By mandating the accessibility of dynamic datasets as proposed by the amendments to Delegation Regulation (EU) 2017/1926, more data will be made accessible and shared, in line with the objectives of the European strategy for data.

(4) To be consistent and avoid overlaps with Commission Delegated Regulation (EU) 2022/670 (6), specific data types on parking should be added to the scope of Delegated Regulation (EU) 2017/1926 and data types on refuelling and charging stations should be removed from the scope of Delegated Regulation (EU) 2017/1926. Data on parking, such as location and availability of parking places, where and how to pay for parking, and information on parking tariffs, are considered important for the further development of reliable travel information services, and should be made accessible by data holders, such as transport authorities, transport operators, infrastructure managers, transport on demand service providers or parking operators.

(5) Coherence with rules on passengers’ rights and obligations should be ensured, such as the rules established by Regulations (EC) No 261/2004 (7), (EU) No 1177/2010 (8), (EU) No 181/2011 (9) and (EU) 2021/782 (10) of the European Parliament and of the Council.

(6) The measures provided for in the Delegated Regulation (EU) 2017/1926 should, where appropriate, take into account the forthcoming Data Act (11).

(7) Data continue to provide the contextual basis for the generation of multimodal travel information services. As the deployment of ITS accelerates across the Union, it requires continued support in the form of increased and seamless access to existing and new data types relevant to the provision of multimodal travel information services. Therefore, historic travel and traffic data, in particular to calculate average delays, and observed data on delays and cancellations, as well as information on parking, are important and should be made accessible to improve multimodal travel information services and facilitate passengers’ travel. As regards the historic and observed travel and traffic data, only data which are relevant to enhance multimodal travel information services should be shared. Observed data on delays and cancellations, linked to rules on passengers’ rights and obligations, can also enable service providers to inform passengers about their rights for compensation. In that context, the reason for delays or cancellations should also be shared by data holders in order to assess the right to compensation. Since the purpose for sharing observed data is linked to passengers’ rights for compensation in case of delay or cancellation, only data on the arrival time or the departure time, or both, and, where possible the reasons for delays or cancellations should be made accessible via the national access point as specified in Article 3, not any operational data collected during the journey. The data should be stored by data holders for a suitable timeframe corresponding to the passenger rights’ set out in the relevant Union legislation referred to in recital 5.

(8) Regarding the exchange of static, historic, observed and dynamic travel and traffic data, data holders should make that data accessible via the national access point as specified in Article 3 by using the standards and technical specifications referred to in Articles 4 and 5. This can also be done in any other standard, where data holders can prove that it is fully compatible with the reference standards, and provided that all requested information is made available. To prove compatibility, data holders can use converters or validators.

(9) Directive (EU) 2019/1024 of the European Parliament and of the Council (12) setting out minimum rules for the reuse of public sector information throughout the Union is without prejudice to this Delegated Regulation.

(10) Boosting multimodal transport is important to reach the overall climate objective of the Union. Due to the current unsatisfactory accessibility of multimodal dynamic data, the accessibility of dynamic datasets is thus considered necessary to support the continued development of multimodal travel information services across the Union and should therefore be made mandatory.

(11) Any processing related to the provision and reuse of personal data should be carried out in accordance with Union and Member States’ legislation on the protection of personal data and privacy, most notably Regulation (EU) 2016/679 of the European Parliament and of the Council (13) and Directive 2002/58/EC of the European Parliament and of the Council (14), as transposed by national law. It is not necessary to share personal data via national access points to achieve the objectives of this Regulation. Therefore, data holders should take appropriate technical and organisational measures to ensure that any personal data are anonymised before being provided via national access points.

(12) Member States and ITS stakeholders should cooperate to reach an agreement on common definitions of data quality with a view to use common data quality indicators throughout the travel and traffic data value chain, such as the completeness, accuracy and up-to-dateness of the data as well as the quality checks applied, in particular for cross-border services. They should also be encouraged to work further to establish associated methods of quality measurement and monitoring of the different data types. Member States should be encouraged to share with each other their knowledge, experience and best practices in the data quality field in on-going and future coordination projects.

(13) Multimodal travel information services should be accurate in order to provide the best possible information to end users in terms of reliability and timeliness. In order to improve the quality of data, data users and data holders should be encouraged to cooperate to ensure that the data is as accurate as possible, for example by reporting any inaccuracies to the data holder, from which the data originates.

(14) In order to allow for the successful and cost-efficient use of national access points and allow data users to discover and use the datasets made accessible though the national access points as specified in Article 3, Member States and ITS stakeholders should cooperate to reach an agreement on metadata requirements, taking into account metadata schema napDCAT-AP and subsequent versions.

(15) Member States should collaborate to harmonise their approach towards the assessment of compliance in on-going and future coordination projects, which help to implement Delegated Regulation (EU) 2017/1926.

(16) To allow the necessary preparation to make all the dynamic travel and traffic datasets set out in this Regulation accessible in the required formats via the national access points as specified in Article 3, the timeframe for providing such data should be updated. Moreover, the timeframe for providing the new static, historic and observed travel and traffic datasets should also be laid down.

(17) 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 (15) and delivered an opinion on 25 July 2023.

(18) Delegated Regulation (EU) 2017/1926 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) 2017/1926

Delegated Regulation (EU) 2017/1926 is amended as follows:

(1) in Article 1, paragraph 1 is replaced by the following: ‘1.   This Regulation establishes the necessary specifications in order to ensure that EU-wide multimodal travel information services are accurate and available across borders to end users.’

(5) in Article 7, paragraph 1 is replaced by the following: ‘1.   Upon request, travel information service providers shall provide to another travel information service provider routing results based on static, historic, observed and dynamic travel and traffic information.’

(6) in Article 8, paragraphs 1 to 4 are replaced by the following: ‘1.   The travel and traffic data listed in the Annex and the corresponding metadata including information on the quality thereof shall be accessible for exchange and reuse within the Union on a non-discriminatory basis, via the national access point set up in accordance with Article 3 and within a timeframe allowing reliable and effective reuse of the data. Such data shall be accurate and up to date and based on minimum data quality requirements. To that effect, Member States, in cooperation with relevant ITS stakeholders, shall reach an agreement on such minimum data quality requirements.

(9) the Annex is replaced by the text in the Annex to this Regulation.

Article 2

Entry into force and application

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

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

Done at Brussels, 29 November 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 207, 6.8.2010, p. 1.

(2) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ (COM(2020) 789 final of 9.12.2020).

(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) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘The European Green Deal’ (COM(2019) 640 final of 11.12.2019).

(5) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘A European strategy for data’ (COM(2020) 66 final of 19.2.2020).

(6) 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).

(7) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1).

(8) Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1).

(9) Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).

(10) Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (OJ L 172, 17.5.2021, p. 1).

(11) Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act) (COM(2022) 68 final).

(12) Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).

(13) 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).

(14) 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).

(15) 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).