Boosting the promotion of open data through the Sustainable Mobility Bill

The Council of Ministers approved in February this year the Sustainable Mobility Bill (PL), a commitment to a digital and innovative transport system in which open mobility data will play a key role.

Inaddition to regulating innovative solutions such as on-demand transport, car sharing or temporary use of vehicles, the regulation will encourage the promotion ofopen data by administrations, infrastructure managers and public and private operators. All this, as stated in Chapter III Title V of the Draft Law "will bring enormous benefits to citizens, e.g. for new mobility and their contribution to the European Green Pact".

This Bill is aligned with the European Data Strategy, which has among its objectives to create a single market for data that ensures Europe' s global competitiveness and data sovereignty through the creation of common European data spaces common European data spaces in nine strategic sectors. In particular, it foresees the creation and development of a common European mobility data space to put Europe at the forefront of the development of a smart transport system, including connected cars and other modes of transport. Along these lines, the European Commission presented its Sustainable and Intelligent Mobility Strategywhich includes an action dedicated to innovation, data and artificial intelligence for smarter mobility. Following in Europe's footsteps, Spain has launched this Sustainable Mobility Bill.

In this post we look at the benefits that the use of open data can bring to the sector, the obligations that the PL will place on data, and the next steps in building the Integrated Mobility Data Space.

Benefits of using open data on sustainable mobility

The Ministry of Transport and Sustainable Mobility, in the web section created for the Law, identifies some of the benefits that access to and use of open transport and mobility data can offer both to the business community and to public administrations and citizens in general:

• Encourage the development of applications that enable citizens to make decisions on the planning of their journeys and during the course of their journeys.
• Improve the conditions of service provision and the travel experience .
• Incentivise research, create new developments and businesses from the data generated in the transport and mobility ecosystem.
• Enable public administrations to have a better understanding of the transport and mobility system in order to improve the definition of public policies and the management of the system.
• Encourage the use of this data for other public interest purposes that may arise.

Ensuring access to open mobility data

In order to make good use of these data and thus take advantage of all the benefits they offer, the Draft Law determines a strategy to ensure the availability of open data in the field of transport and mobility. This strategy concerns:

•  transport companies and infrastructure managers, which must drive digitalisation and provide a significant part of the data, with specific characteristics and functionalities.
• administrations and public entities were already obliged to ensure the openness of their data by design, as well as its re-use on the basis of the already existing

In short, the guidelines for re-use already defined in Law 37/2007 for the public sector are respected, and the need to regulate access to this information and the way in which this data is used by third parties, i.e. companies in the sector, is also included.

Integrated Mobility Data Space

In line with the European Data Strategy mentioned at the beginning of the post, the PL determines the obligation to create the Integrated Mobility Data Space (EDIM) under the direction of the Ministry of Transport and Sustainable Mobility, in coordination with the Secretary of State for Digitalisation and Artificial Intelligence. In the EDIM, the aforementioned transport companies, infrastructure managers and administrations will share their data, which will optimise the decision making of all actors when planning the implementation of new infrastructures and the launch of new services. 

The Draft Law defines some characteristics of the Integrated Mobility Data Space such as the modular structure, which will include information in a systematic way on different areas of urban, metropolitan and interurban mobility, both for people and goods.

Specifically, the EDIM, according to Article 14, would collect data "in digital form in a free, non-discriminatory and up-to-date manner" on:

• Supply and demand of the different modes of transport and mobility, information on public transport services and mobility services under the responsibility of the administrations
• Financial situation and costs of providing services for all modes of public transport, investments in transport infrastructure, inventory of transport infrastructure and terminals, conditions and degree of accessibility.
• Other data to be agreed at the Sectoral Conference on Transport.

It identifies examples of this type of data and information on the responsibility for its provision, format, frequency of updating and other characteristics.

As referred to in the CP, the data and information managed by the EDIM will provide an integrated vision to analyse and facilitate mobility management, improving the design of sustainable and efficient solutions, and transparency in the design of public transport and mobility policies. In addition, the Law will promote the creation of a sandbox or test environment to serve as an incubator for innovative mobility projects. The outcome of the tests will allow both the developer and the administration to learn by observing the market in a controlled environment.

National Bimodal Transport Access Point

On the other hand, the Bill also provides for the creation of a National Bimodal Transport Access Point that will collect the information communicated to the Ministry of Transport and Sustainable Mobility in the framework of the priority action "Provision of information services on multimodal journeys throughout the Union" of Directive 2010/40/EU which refers to the transport of goods and/or persons by more than one means of transport.

This information will be freely accessible and will also serve to feed the EDIM in the area related to the characterisation of transport and mobility of persons, as well as the National Catalogue of Public Information maintained by the General State Administration.

The Bill defines that the provision of services to citizens using transport and mobility data from the National Multimodal Transport Access Point must be done in a fair, neutral, impartial, non-discriminatory and transparent manner. It adds that the Ministry of Transport and Sustainable Mobility will propose rules for the use of such data within 12 months after the entry into force of this law.

The Sustainable Mobility Bill is currently in parliamentary procedure, as it has been sent to the Spanish Parliament for urgent processing and approval in 2024.