Act Establishing The Framework For The Deployment Of Intelligent Transport Systems And To Amend The Law Of 10 April 1990 Regulating Private And Particular Security (1)

Original Language Title: Loi portant création du cadre pour le déploiement de systèmes de transport intelligents et modifiant la loi du 10 avril 1990 réglementant la sécurité privée et particulière (1)

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17 AOUT 2013. - An Act to create a framework for the deployment of intelligent transportation systems and to amend the Act of 10 April 1990 regulating private and private security (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act transposes Directive 2010/40/EU of the European Parliament and Council of 7 July 2010 on 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 the coordinated and consistent deployment and use of intelligent transport systems (ITS) and sets out the general rules necessary for this purpose.
CHAPTER 2. - Definitions
Art. 3. In this Act and its enforcement orders, it is necessary to hear by:
1. "Smart transport systems" or "STI": systems in which 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, as well as for interfaces with other modes of transport;
2. "interoperability": the ability of industrial systems and processes that underlie them to exchange data and share information and knowledge;
3. "STI application": an operational instrument for the application of ITS;
4. "STI service": the development of an STI application in a clearly defined organizational and operational framework to improve the safety, effectiveness, user comfort and/or facilitate or support transportation and travel operations;
5. "ITS service provider": any public or private service provider of an ITS service;
6. "ITS user": any user of ITS applications or services, including travellers, vulnerable road users, road transport infrastructure users and operators, fleet managers and emergency service operators;
7. " Vulnerable road users": non-motorized users such as pedestrians and cyclists, motorcyclists and persons with disabilities or persons with reduced mobility or orientation;
8. " nomadic device": a portable communication or information device that can be provided in the vehicle to accompany the conduct and/or transport operations;
9. "platform": an on-board or non-board unit allowing the deployment, supply, operation and integration of STI applications and services;
10. "architecture": the conceptual definition of the structure, behaviour and integration of a given system in its environment;
11. "interface": a joint mechanism between systems that allows them to communicate and interact;
12. "compatibility": the general capacity of a device or system to operate with another device or system without modification;
13. "service continuity": the ability to provide uninterrupted services throughout the Union on transport networks;
14. "road data": data relating to the characteristics of road infrastructure, including fixed signage panels or their safety-related regulatory attributes;
15. " traffic data": historical and real-time data relating to road traffic characteristics;
16. "displacement data": basic data, such as public transport schedules and tariffs, necessary for the communication, before and during the journey, of information for multimodal travel in order to facilitate the planning, booking and adaptation of travel;
17. "Specification": a binding measure with provisions containing requirements, procedures or other relevant rules;
18. "standard": a standard as defined in Article 1er, point 6), Directive 98/34/EC of the European Parliament and Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations;
19. "emergency service": any public service or public interest referred to in Article 107, § 1erParagraph 1eror fixed by the King in accordance with Article 107, § 1erParagraph 2, 1 of the Act of 13 June 2005 on electronic communications;
20. "emergency call management centre": the location where emergency calls are managed to an emergency service in an activity area, referred to as "management centre", as defined in section 2, 61°, of the Electronic Communications Act of 13 June 2005;
21. "eCall": an emergency call to number 112 from a vehicle, made either automatically by activating onboard sensors, or manually, that delivers a minimum set of standardized data and establishes a voice communication between the vehicle and the power plant that handles the eCall through the public mobile electronic communication networks, also known as "eCall public";
22. "Private eCall": a call from a vehicle to a call centre number of a private STI service provider, made either automatically by activating sensors embedded in the vehicle, or manually, that delivers a minimum set of standardized data and establishes a voice communication between the occupants of the vehicle and the private STI service provider's call centre that handles the eCall through public networks
23. "emergency service class value": the value of 8 bits used for emergency calls from mobile networks to indicate the particular type of emergency call (1-Police, 2-Ambulance, 3-Pompiers, 4-Garde Maritime, 5-Secours en montagne, 6-Appel eCall triggered manually, 7-Appel eCall triggered automatically, 8-Free, as shown in Table 10.
24. "ECall Discriminator" or "eCall Flag": the "emergency service class value" assigned to eCall calls according to ETS TS 1214 008 (i.e. "6-Appel eCall manually triggered" and "7-Appel eCall automatically triggered"), allowing to differentiate calls to 112 from eCall mobile terminals to number 112 from on-board terminals
25. "minimum set of data": information sent by the vehicle during an "eCall" in accordance with EN 15722;
26. "mobile electronic communication network operator" or "mobile network operator": a provider of a mobile public communication network;
27. "eCall alarm centre": the private STI service provider's call centre that deals with the private eCall or eCall and that in accordance with section 1er§ 1er, 4°, of the Act of 10 April 1990 regulating private and special security, obtained an authorization for this purpose from the Minister of the Interior in order to assess on the basis of the minimum set of data the situation and gravity of the incident that caused the eCall or the private eCall on the basis of the rules laid down in the Act of 10 April 1990 regulating private and particular security.
CHAPTER 3. - Scope of application
Art. 4. This Act applies to STI applications and services in the field of road transport and interfaces with other modes of transport.
The application of specifications and the selection and deployment of STI applications and services are based on a needs assessment, to which all parties involved are involved, in accordance with the principles that these measures should:
(a) be effective - they make a tangible contribution to the resolution of key road transport problems in Europe (such as reducing traffic jams and pollutant emissions, improving energy efficiency, strengthening safety and security, including for vulnerable road users);
(b) having a satisfactory cost-effectiveness ratio - optimizing the relationship between costs and means to achieve the objectives;
(c) be proportionate - they establish, where appropriate, different levels of quality and deployment of services, taking into account local, regional, national and European characteristics;
(d) promote continuity of services - they ensure that services are provided without interruption throughout the Union, in particular on the trans-European network and, where appropriate, at its external borders, when STI services are deployed. The continuity of services should be ensured at a level appropriate to the characteristics of transport networks linking countries to each other and, where appropriate, the regions between them and cities with rural areas;
(e) to achieve interoperability - they ensure that the systems and industrial processes that underlie them have the ability to exchange data and share information and knowledge in order to ensure that STI services are delivered effectively;
(f) promote upward compatibility - they allow to ensure, where appropriate, that STI systems have the capacity to interact with existing systems that they share the purpose, without hindering the development of new technologies;
(g) respect the particularities of existing national infrastructure and networks - they take into account the differences inherent in the characteristics of transport networks, particularly with regard to traffic volume and weather conditions for the road network;
(h) promote equal access - they do not oppose barriers or discrimination with respect to access to STI applications and services by road users;
(i) promote maturity - they demonstrate, after an appropriate risk assessment, the strength of innovative ITS through an adequate level of technical development and operational operation;
(j) provide the quality of dating and positioning - they use satellite-based infrastructure or any other technology to achieve equivalent precision levels for STI applications and services that require continuous, accurate and secure dating and positioning services worldwide;
(k) facilitate intermodality - they take into account the coordination of the different modes of transport, if any, during the deployment of ITS;
(l) respect consistency - they take into account the regulations, policies and activities that exist at the EU level and that are relevant to ITS, particularly in the area of standardization.
This Act and its enforcement orders do not, in any case, affect all matters relating to national security or anything required for defence purposes.
CHAPTER 4. - Priority areas and priority actions
Art. 5. For the purposes of this Act, the following are priority areas for the development and use of specifications and standards:
- I. optimal use of road, traffic and movement data;
- II. continuity of ITS services for traffic and cargo management;
- III. ITS applications for road safety and safety;
- IV. the link between the vehicle and the transport infrastructure.
The King sets out the scope of the priority areas referred to in the first paragraph.
Art. 6. As part of the priority areas referred to in Article 5, first paragraph, the following actions are priorities for the development and use of specifications and standards:
(a) provision of information services on multimodal travel throughout the Union;
(b) provision of real-time traffic information services throughout the Union;
(c) data and procedures for the provision, to the extent possible, of universal minimum traffic information related to free road safety for users;
(d) the harmonized provision of an interoperable emergency (eCall) call service throughout the Union;
(e) provision of information services on safe and secure parking areas for trucks and commercial vehicles;
(f) provision of booking services for secure and secure parking areas for trucks and commercial vehicles.
In the context as described in the first paragraph, the King sets for each of the priority areas referred to in Article 5, first paragraph, priority actions taking into account the obligations of Belgium within the framework of the European Union and other intergovernmental organizations of which Belgium is a member.
The harmonized provision of an eCall service takes into account the rules imposed by or under the Electronic Communications Act of 13 June 2005.
The harmonized provision of an eCall service takes into account the rules imposed by or under the Act of 10 April 1990 regulating private and special security.
CHAPTER 5. - Protection of human rights
Art. 7. No provision of this Act affects legal and regulatory protection mechanisms for privacy, personal data processing and the security and reuse of public information.
In the event of a contradiction in the simultaneous application of the legal and regulatory protection mechanisms referred to in the first paragraph, it is within the framework of the STIs always given priority to the legal provisions which in this regard offer the widest legal protection to STI users.
The use of anonymous data, possibly coded data, for STI applications is provided by STI service providers and platform, architecture and interface developers.
STI service providers and platform, architecture and interface developers protect personal data against abuse, including against illegal access, modification or loss.
Failure to comply with the measures referred to in the third and fourth paragraph by STI service providers and developers is considered an offence under Articles 4, § 1er, 1° and 16, § 4 of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing.
CHAPTER 6. - Accountability
Art. 8. The Act of 25 February 1991 on responsibility for defective products is applicable to all aspects of liability in the context of the deployment and use of ITS applications and services.
The application of the law referred to in the first paragraph does not affect the application of civil and criminal liability legislation.
CHAPTER 7. - Enabling the king
Art. 9. The King is empowered under the conditions set out in this section to supplement, repeal or replace federal laws to comply with the requirements for ITS.
The authorization referred to in this section shall be used only with respect to the following cumulative conditions:
1. the use of the authorization must be necessary and proportionate. This use must be reported to Parliament in a written report no later than one month before the development of the relevant provisions;
2. the provisions for which the authorization has been used must be the subject of prior notice from the Privacy Commission;
3. Provisions for which the authorization has been used must be subject to legislative confirmation within two years of their entry into force.
Art. 10. The authorization referred to in section 9 may not be used to supplement, repeal or replace the provisions of this Act.
By derogation from the first paragraph, it may be used to supplement, repeal or replace section 2, as well as the provisions of the chapters of this Act relating to the scope, priority areas and priority actions and definitions.
The provisions for which the authorization has been used in accordance with the second paragraph shall be subject to legislative confirmation within one year of their entry into force.
Art. 11. The lack of knowledge of articles 9, second paragraph, points 3 and 10, third paragraph, renders without effect the provisions that would have been elaborated by making use of the authorization in such circumstances.
CHAPTER 8. - Amendments to the Act of 10 April 1990
regulating private and special security
Art. 12. Article 1er§ 4 of the Act of 10 April 1990 regulating private and special security is replaced as follows:
Ҥ4. The alarm systems and centers referred to in this article are those intended to prevent or detect offences against persons or property, to prevent or detect a fire, gas leaks or explosions or, in general, to see emergency situations involving persons. "
Art. 13. The following amendments are made to section 12 of the Act:
1° the current text will form paragraph 1er of the article;
2° the article is supplemented by paragraphs 2 and 3, as follows:
§ 2. The definitions of eCall', eCall private', eCall' emergency service alarm, emergency call management central, and minimum data set are the same as those referred to in section 3 of the STI Framework Law.
Public mobile e-communication networks operators and mobile e-communication service providers within the meaning of the law of 13 June 2005 on electronic communications, transport private eCalls and eCalls to an eCall alarm station that handles eCall in accordance with the provisions of this section.
The alarm unit that receives an eCall or a private eCall shall verify whether the eCall results from an incident requiring the intervention of emergency services providing on-site assistance, as referred to in Article 107, § 1er, first paragraph, a., of the same law.
If it turns out, after evaluation, that an emergency services inter-vention with on-site assistance is required, the eCall alarm station shall, at no cost, immediately transmit the minimum data set to the emergency call management centre concerned. The eCall alarm system also ensures, at no cost, the transfer of the voice link between the occupant(s) of the vehicle and the emergency call management station concerned.
The King shall determine, on the proposal of the Minister of the Interior and the Minister of Public Health, the other data necessary for the effective and effective mobilization of emergency services and the rules for the assessment of an incident and its severity.
§ 3. The alarm station is maintained for a period of two years from the day of an eCall or a private eCall, the minimum set of data and other data set by the King.
The King sets, on the proposal of the Minister of the Interior and the Minister of Public Health, other data relating to private eCalls and eCalls that alarm stations are required to maintain and transmit to emergency services offering on-site assistance, as well as the form, content and mode of transmission of such data.
At the latest.er March of each year, eCall call stations provide the Minister of the Interior with anonymized monthly statistics on the total number of eCall and eCall private eCall generated during the previous calendar year, by distinguishing them according to each category of emergency service value.
CHAPTER 9. - Implementing and final provisions
Art. 14. Orders under sections 5 and 6 may come into force retroactively, but never before this Act comes into force.
Art. 15. This Act is referred to as "STI Framework Law".
Art. 16. This Act is effective February 27, 2012.
By derogation from the first paragraph, articles 7 and 9 to 11 of this Act come into force fifteen days after its publication.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 August 2013.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Economy, Consumers and the North Sea,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
State Secretary for Energy and Mobility,
Mr. WATHELET
Seal of the state seal:
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 and transmitted to the Senate, 53-2943 - No. 3.
Full report. - 17 July 2013.
Senate.
Documents. - Project referred to by the Senate, 5-2225 - No. 1. - Report, 5-2225 - No. 2. - Decision not to amend, 5-2225 - No. 3.
Annales of the Senate. - 18 July 2013.