Posted the: 2013-09-19 Numac: 2013000603 SERVICE PUBLIC FÉDÉRAL inside 17 August 2013. -An Act establishing the framework for the deployment of intelligent transport systems and amending the law of 10 April 1990 regulating security private and particular (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. this law transposes Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 concerning the framework for the deployment of intelligent transport systems in the field of road transport and interfaces with other modes of transport.
This Act creates the framework to support intelligent deployment and use coordinated and coherent transport systems (its) and lays down the General rules necessary for this purpose. Chapter 2. -Definitions art.
3. in this Act and its implementing orders, there are means: 1. "intelligent transport systems" or "STI": systems in which the information and communication technologies are applied in the field of road transport, including infrastructure, vehicles and users, and in the management of traffic and mobility management , as well as for interfaces with other modes of transport;
2 ' interoperability': the ability of systems and industrial processes underlying to Exchange data and share information and knowledge;
3. "its application": an operational instrument for the application of the TSI;
4. 'TSI service": setting up an its application in an organizational and operational framework clearly defined to improve safety, efficiency, comfort of users and/or facilitate or support the operations of transport and travel;
5. 'TSI service provider": any public or private service provider STI;
6. «TSI user»: any user applications or services STI, including travellers, vulnerable users of the road users and road transport infrastructure operators, fleet managers and operators of emergency services;
7. "vulnerable road users": users non-motorized like pedestrians and cyclists, as well as motorcyclists and disabled persons or persons with mobility or orientation reduced;
8 ' mobile device': a communication or mobile information device that can be brought into the vehicle to accompany the driving and/or transport operations;
9 ' platform': a unit shipped or not allowing the deployment, the provision, operation and integration of applications and services STI;
10 ' architecture': the conceptual definition of the structure, behavior and the integration of a system given in its environment;
11. «interface»: a joint mechanism in place between systems, which allows them to communicate and interact.
12. "compatibility": the General capacity of a device or system to perform with another device or system without modification;
13. "continuity of care": the ability to ensure, throughout the Union, services without interruption on the transport networks;
14. "traffic data": data specifications for road infrastructure, including fixed signs or their statutory attributes related to security;
15 ' data concerning the movement': data historical and real-time relating to the characteristics of road traffic;
16 ' data concerning the movement': the data base, such as schedules and fares of public transport, necessary for communication, before and during the journey, information for movement multimodal in order to facilitate the planning, booking and the adaptation of the displacement;
17 ' specification': a binding measure with provisions containing requirements, procedures or any other relevant rule.
(18 ' standard': a standard as defined in article 1, point 6), of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure of information in the field of technical regulations and standards;
19. "emergency service": any public service or public interest referred to in article 107, § 1, paragraph 1, or fixed by the King in accordance with article 107, § 1, paragraph 2, 1 ° of the Act of 13 June 2005 on electronic communications;
20. "Central Emergency Management": the place where are managed emergency calls to a service of emergency in an area of activity, referred to below as 'central management', as defined in article 2, 61 °, of Act of 13 June 2005 on electronic communications;
21. eCall: an emergency call number 112 from a vehicle, carried out either automatically by the activation of embedded sensors, either manually, which carries a minimum standardized data set and establishes voice communication between the vehicle and Central which deals with the eCall public of mobile electronic communication networks, also called "eCall public."
22 eCall private: a call from a vehicle to the number of a call center of a claimant deprived of STI services, carried out either automatically by the activation of embedded in the vehicle sensors, either manually, which carries a minimum set of data standardized and established voice calls between the occupants of vehicle and Central of the claimant's appeal deprived of STI services dealing with eCall by public mobile electronic communication networks;
23 ' category of emergency department value': the 8-bit value used for emergency calls from mobile network to indicate the particular type (1-Police, Ambulance-2, 3-firefighters, 4-Guard maritime, 5-relief in the mountains, 6-call eCall triggered manually, 7-call eCall triggered automatically, 8-free) emergency, as indicated in the table 10.5.135d specification ETSI TS 124.008;
24 ' eCall discriminator' or 'flag eCall': the 'value of category of emergency service» ecalls according to ETS TS 1214 008 (namely "6-call eCall triggered manually" and "7-call eCall triggered automatically"), to distinguish between calls to 112 from mobile calls to the 112 number eCall from Terminal embedded in vehicles as well as the 'eCall' calls triggered manually from those triggered automatically;
25. "minimum data set": the information that is sent by the vehicle during a 'eCall' in accordance with the standard EN 15722.
26. "operator of mobile electronic communication network" or "mobile network operator": a provider of a public electronic communication mobile network;
27. "central alarm eCall': Central to the claimant's appeal deprived of STI services dealing with eCall or private eCall and that in accordance with article 1, § 1, 4 °, of the law of 10 April 1990 regulating private and particular security has obtained an authorization for this purpose by the Minister of the Interior to evaluate based on the minimum set of data the situation and the seriousness of the incident which resulted in the eCall or eCall private based on the rules laid down in accordance with the law of 10 April 1990 regulating private and particular security.
CHAPTER 3. -Scope art.
4. this Act applies to STI services and applications in the field of road transport and interfaces with other modes of transport.
Application of specifications and the selection and deployment of applications and services STI are based on a needs assessment, which are associated with all the parties concerned, in compliance with the principles according to which these measures must: has) be effective - they provide a tangible contribution to the resolution of the main problems of road transport in Europe (such as the reduction of congestion and emissions (, the improvement of energy efficiency, the strengthening of safety and security, including for vulnerable road users);
(b) have a cost-efficiency ratio satisfactory - they optimise the ratio between costs and the means implemented to achieve the objectives;
(c) be proportionate - establish, where appropriate, different feasible levels in terms of quality and deployment of services, taking into account the particularities of local, regional, national and European;
(d) promote the continuity of the services - ensure that services are provided without interruption in the whole of the Union, in particular on the trans-European network and, if applicable, at its external borders, where its services are deployed. The continuity of the services should be provided at a level appropriate to the features transportation networks linking countries between them and, where appropriate, regions between them, and cities with rural areas;
(e) achieve interoperability - they ensure that systems and industrial processes underlying them have the ability to Exchange data and share information and knowledge in order to ensure that its services are provided efficiently;
(f) promote backward compatibility - they allow to ensure, where appropriate, that its systems have the ability to interact with existing systems which they share the purpose, without impeding the development of new technologies;
(g) comply with the characteristics of the infrastructure and the existing national networks - they shall take into account the differences inherent in the characteristics of networks of transport, particularly with regard to the volume of traffic and weather conditions for the road network;
(h) promote equal access - they opposed no barriers or discrimination with regard to vulnerable road users access to applications and services STI;
(i) promote maturity - they are demonstrating, after an appropriate risk assessment of the strength of its innovative thanks to a sufficient level of technical development and operational;
(j) provide quality dating and positioning-they use infrastructures based on satellites or any other technology to achieve levels of precision equivalent for the purposes of applications and STI services that require services of dating and positioning continuous, accurate and guaranteed worldwide;
(k) facilitate intermodality - they take into account the coordination of the different modes of transport, as appropriate, during the deployment of its.
(l) respect the consistency - they take into account the regulatory, policy and activities which exist at the level of the Union and which are relevant to what is its, particularly in the field of standardization.
This Act and its implementing orders are in no case impair everything concerning national security or what is required for defence objectives.
CHAPTER 4. -Priority priority areas and actions art. 5. for the purposes of this Act, the following are priority areas for the development and the use of specifications and standards:-i. the optimal use of road, traffic and travel data;
-II. continuity of traffic and freight management its services;
-III. its applications for security and safety traffic;
-IV. the link between the vehicle and transport infrastructure.
The King establishes the scope of the priority areas referred to in the first subparagraph.
S. 6. in the context of the priority areas referred to in article 5, first paragraph, the following actions are a priority for the development and the use of specifications and standards: has) making available, throughout the Union, multimodal travel information services;
b) making available, in the whole of the Union, of real-time traffic information services;
(c) the data and procedures for the provision, to the extent possible, of universal minimum information on traffic free road safety for users;
d) harmonized provision of a service of emergency call (eCall) interoperable throughout the Union;
e) provision of information services relating to parking areas safe and secure for trucks and commercial vehicles;
(f) provision of booking services respecting the parking areas safe and secure for trucks and commercial vehicles).
In the context as described in the first subparagraph, the King fixed for each of the priority areas referred to in article 5, first paragraph, priority actions taking into account the obligations of Belgium within the Union European and other intergovernmental organizations which the Belgium is a member.
Harmonised eCall service provision takes account of the rules imposed by or pursuant to act of 13 June 2005 on electronic communications.
Harmonised eCall service provision takes account of the rules imposed by or pursuant to the law of 10 April 1990 regulating private and particular security.
CHAPTER 5. -Protection of fundamental rights art. 7. nothing in this Act shall affect legal and regulatory mechanisms for the protection of the privacy, the processing of data personal and security and the re-use of public sector information.
In the event of contradiction in the simultaneous application of legal and regulatory protection mechanisms referred to in the first paragraph, it is under its always given priority to legal provisions which in this area offer the broadest legal protection to its users.
The use of anonymous data, optionally encoded data, for its applications is provided by the STI providers and developers of platforms, architecture and interfaces.
TSI service providers and developers of platforms, architecture and interfaces protect the personal data against abuse, including against illicit access, alteration or loss.
Failure to comply with the measures referred to in the third and fourth subparagraph by the STI service providers and developers is regarded as an offence under articles 4, § 1, 1 ° and 16, § 4 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
CHAPTER 6. -Liability article
8. the Act of 25 February 1991relative to the liability for defective products is applicable on all aspects of the responsibility in connection with the deployment and use of applications and services STI.
The application of the law referred to in the first subparagraph is without prejudice to the application of the legislation on Civil and criminal liability.
CHAPTER 7. -Clearance at King art. 9. the King is empowered under the conditions mentioned in this article, to complement the federal laws, repeal or replace them for comply them with TSI requirements.
The authorization referred to in this article may be used only with respect to the following cumulative conditions: 1. the use of the authorization must be necessary and proportionate. This use should be reported to Parliament in a written report no later than one month before the drafting of the provisions concerned;
2. the provisions for which the authorization has been used are subject to a prior opinion of the Commission on the protection of privacy;
3. the provisions for which empowerment has been used should be subject to legislative confirmation within two years after their entry into force.
10. it cannot be made use of the authorisation referred to in article 9To supplement, repeal or replace the provisions of this Act.
By way of derogation from the first subparagraph, it may be made use of the authorisation to complete, repeal or replace article 2 and the provisions of the chapters of this Act relating to the scope, priority areas and priority actions and definitions.
The provisions for which authorization has been used in accordance with the second subparagraph should be subject to legislative confirmation in a year after their entry into force.
S. 11. breach of articles 9, second subparagraph, points 3 and 10, third paragraph makes ineffective the provisions that have been developed by making use of the authorisation in such circumstances.
CHAPTER 8. -Amendments to the law of 10 April 1990 regulating private and special security section 12. the article 1, § 4, of the law of 10 April 1990 regulating private and particular security is replaced as follows: ' ' § § 4 4 The systems alarm and referred to in this article are those intended to prevent or see crimes against persons or property, to prevent or see a fire, gas leaks or explosions, or, in General, to emergency situations involving persons. ».
S. 13 in article 12 of the same Act the following changes are made: 1 ° the current text will form the paragraph 1 of article;
2 ° article is supplemented by paragraphs 2 and 3, worded as follows: § 2. The definitions of the concepts of eCall ', private eCall', central management of emergency calls, alarm eCall 'emergency' central ' and minimum data set ' are the same as those referred to in article 3 of the TSI framework.
Public networks of mobile electronic communication operators and providers of public electronic communication services mobile within the meaning of the electronic communications Act of 13 June 2005, carry the eCall and the eCall private to a central alarm eCall dealing the eCall in accordance with the provisions of this article.
The alarm control centre that receives an eCall or a private eCall, checks whether it resulted from an incident requiring the intervention of emergency services providing assistance on the spot, as referred to in article 107, § 1, first paragraph, a., of the same Act.
If it turns, after assessment, that an inter-prevention of emergency services providing assistance on-site is required, the alarm eCall Center, free of charge, shall immediately transmit the minimum set of data to the central management concerned emergency calls. The alarm eCall Center also provides free of charge, transfer of
the voice link between the occupant (s) of the vehicle and the central management of concerned emergency calls.
The King determines, on proposal of the Minister of the Interior and the Minister of health public, the other data necessary for the mobilization and effective emergency services as well as the rules of evaluation for an incident and its severity.
§ 3. The alarm control centre shall keep for a period of two years from the day of an eCall or a private eCall, the minimum set of data and other data laid down by the King.
The fixed King, on the proposal of the Minister of the Interior and the Minister of public health, other data related to the eCall and the eCall private alarm Central are required to preserve and transmit to providing assistance on the spot, as well as the form, emergency services the content and mode of transmission of such data.
No later than March 1 of each year, central call eCall shall notify the Minister of the Interior of the monthly statistics anonymized total eCall and private eCall that was generated during the previous calendar year, distinguishing between them according to each category of emergency department value.
CHAPTER 9. -Enforceable provisions and final arts.
14. the orders taken in pursuance of articles 5 and 6 can enter into force retroactively, but never before the entry into force of this Act.
S. 15. this Act is referred to as "framework law STI.
S. 16. this Act has effect on February 27, 2012.
By way of derogation from the first subparagraph sections 7 and 9 to 11 of this Act come into force fifteen days after its publication.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, August 17, 2013.
PHILIPPE by the King: the Deputy Prime Minister and Minister of economy, consumers and the North Sea, J. VANDE LANOTTE the Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State for energy and mobility, M. WATHELET Scellé of the seal of the State
: The Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-2943 - No. 1. -Report, 53-2943 - No. 2. -Text adopted in plenary meeting and transmitted to the Senate, 53-2943 - No. 3.
Compte rendu intégral. -17 July 2013.
Documents. -Project mentioned by the Senate, 5-2225 - No. 1. -Report 5-2225 - No. 2. -Decision not to amend, 5-2225 - No. 3.
Annals of the Senate. -18 July 2013.