Paragraph 2 Commission Delegated Regulation (EU) No 305/2013

(1)

Commission Delegated Regulation (EU) No 305/2013 of 26 November 2012 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the harmonised provision for an interoperable EU-wide eCall is amended as follows.

(2)

In Article 1 (subject matter and scope), omit “harmonised EU-wide”.

(3)

In Article 2 (definitions)—

(a)

in points (a) and (b), for “Member State” substitute “Secretary of State”;

(b)

in point (h), omit the words from “(referred to” to “EU-wide eCall)”;

(c)

in point (m), for the words from “means” to the end substitute “means a communications network used wholly or mainly for the provision of publicly available mobile wireless communications services”;

(d)

after point (o) insert—

“(p)
“the GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018^f1;

(q)
“the data protection legislation” has the meaning given by section 3 of the Data Protection Act 2018.”

(4)

In Article 3 (eCall PSAP requirements), in paragraph 1, for “Member States” substitute “The Secretary of State”.

(5)

In Article 4 (conformity assessment), for “Member States” substitute “The Secretary of State”.

(6)

In Article 5 (obligations relating to the deployment of the eCall PSAPs infrastructure)—

(a)

for “Member States” substitute “The Secretary of State”;

(b)

omit “interoperable EU-wide”, in both places where it occurs;

(c)

for “each Member State” substitute “the Secretary of State”;

(d)

omit the words from “on its territory” to the end.

(7)

In Article 6 (rules on privacy and data protection)—

(a)

in paragraph 1—

(i)

for “data controllers”, in both places it occurs, substitute “controllers”;

(ii)

for “Article 2(d) of Directive 95/46/EC” substitute “Article 4(7) of the GDPR”;

(iii)

for “Member States” substitute “The Secretary of State”;

(iv)

for “Directives 95/45/EC and 2002/58/EC” substitute “the data protection legislation and provision made by or under an enactment in implementation of Directive 2002/58/EC”;

(b)

in paragraph 2, for “Member States” substitute “the Secretary of State”.

(8)

In Article 7 (rules on liability), in paragraph 2, for “Articles 6, 13 and 17 of Directive 95/46/EC” substitute “any applicable provisions of the data protection legislation”.

(9)

Omit the following provisions—

(a)

Article 8 (reporting),

(b)

Article 9 (entry into force and application), and

(c)

after Article 9, the words from “This Regulation” to “all Member States”.

Annotations

Footnotes

f1: 2018 c. 12.