Changes from plenary report to adopted text

AddedIn specific cases, the customs authorities shall not require such evidence to be provided.

Added3. The customs authorities shall not require a person acting as a customs representative, carrying out acts and formalities on a regular basis, to produce on every occasion evidence of empowerment, provided that such person is in a position to produce such evidence on request by the customs authorities.

Added4. The Commission is empowered to adopt delegated acts, in accordance with Article 261, to supplement this Regulation by determining the cases in which the evidence of empowerment is not required by the customs authorities referred to in paragraph 2 of this Article.

Added5. The Commissions shall adopt, by means of implementing acts, the rules on the conferral and proving of the entitlement referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to Article 262(4).

AddedTitle III EU CUSTOMS DATA HUB

AddedArticle 29 Functionalities and purpose of the EU Customs Data Hub

Added1. The EU Customs Data Hub shall provide a secure and cyber resilient set of electronic services and systems to use data including personal data and other data for customs purposes. It shall provide the following functionalities: [Am. 134]

Added(a) allow for the electronic implementation of customs legislation;

Added(b) ensure the quality, integrity, security, traceability and non-repudiation of data processed therein, including the amendment of such data; [Am. 135]

Added(c) ensure compliance with the provisions of Regulation (EU) 2016/679, Regulation (EU) 2018/1725 of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council relating to the processing of personal data;

Added(ca) ensure compliance with the provisions of Regulation (EU) 2023/2841 of the European Parliament and of the Council; [Am. 136]

Added(d) enable and ensure risk analysis, economic analysis and data analysis, customs simplification and trade facilitation including through the use of artificial intelligence systems in accordance with [the Artificial Intelligence Act 2021/0106 (COD)]; [Am. 137]

Added(e) enable the interoperability of those services and systems with other electronic systems, platforms or environments for the purpose of cooperation in accordance with Title XIII;

Added(ea) perform the business and technical transformation of data to enable the exchange of data with the Union non-customs systems listed in Annex Ia through an EU Customs Single Window Certificate Exchange System (‘EU CSW-CERTEX’); [Am. 138]

Added(eb) enable interoperability with the European Maritime Single Window Environment for the provision and fulfilment of the customs formalities indicated in the Annex of Regulation (EU) 2019/1239; [Am. 139]

Added(f) integrate the European Union Single Window Certificates Exchange System established by Article 4 of Regulation (EU) 2022/2399; [Am. 140]

Added(g) enable the exchange of information with third countries;

Added(h) enable the customs surveillance of goods and contribute to the enforcement of other legislation applied by the customs authorities. [Am. 141]

Added2. The acts that the persons, the Commission, the customs authorities, the EU Customs Authority or other authorities perform through the functionalities listed in paragraph 1 shall remain acts of those persons, of the Commission, of the customs authorities, the EU Customs Authority, or of other authorities, even if they have been automated.

Added3. The Commission shall develop, implement and maintain the EU Customs Data Hub, including making publicly available the technical specifications to process data within it, and shall establish a data quality framework and shall establish a public contact point for urgent requests or security threats concerning the EU Customs Data Hub. The EU Customs Authority shall operate and maintain it. [Am. 142]

Added4. The Commission is empowered to adopt delegated acts in accordance with Article 261 to amend the functionalities referred to in paragraph 1 to take account of new tasks conferred on the authorities referred to in Article 31 of this Regulation by Union legislation or to adapt those functionalities to the evolving needs of those authorities in implementing the customs legislation or other legislation applied by customs authorities.

Added5. The Commission shall lay down, by means of implementing acts:

Added(a) the technical arrangements for maintaining and employing the electronic systems that the Member States and the Commission have developed pursuant to Article 16(1) of Regulation (EU) No 952/2013 and pursuant to Regulation (EU) No 2022/2399 in relation with Regulation (EU) 2023/2841 and with Directive (EU) 2022/2555, including guidelines issued by the European Union Agency for Cybersecurity (ENISA); [Am. 143]

Added(b) a work programme for the progressive phase out of those systems.

AddedThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 262(4).

AddedArticle 29a Pilot phase on the EU Customs Data Hub

Added1. Before the date specified in Article 265(3), the Commission may establish a pilot phase for the use of the EU Customs Data Hub. The pilot phase shall be voluntary and have the purpose of testing the functionalities of the EU Customs Data Hub.

Added2. The Commission shall cooperate with the EU Customs Authority, customs authorities and other authorities, and relevant stakeholders during the planning and organisation of the pilot phase.

Added3. For the purpose of paragraph 1, the Commission shall adopt implementing acts, specifying the following:

Added(a) the technical arrangements for the planning and organisation;

Added(b) the functionalities to be applied and tested;

Added(c) the exact duration of the pilot phase.

AddedThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 262(4). [Am. 144]

AddedArticle 30 National applications to use data from the EU Customs Data Hub

Added1. Member States mayshall make best efforts to develop applications necessary to connect to the EU Customs Data Hub in order to provide data to and process data from the EU Customs Data Hub, if those applications do not already exist. [Am. 145]

Added1a. Member States shall ensure that the applications referred to in paragraph 1 comply with the provisions of Directive (EU) 2022/2555 of the European Parliament and of the Council in particular in regard to cybersecurity risk-management measures. Member States shall cover the customs infrastructure in their national cybersecurity strategy. [Am. 146]

Added2. Member States may request the EU Customs Authority to develop the applications referred to in paragraph 1. In that case, those Member States shall finance the development.

Added3. Where the EU Customs Authority develops an application in accordance with paragraph 2, it shall make it available to all Member States.

AddedArticle 31 Purposes of the processing of personal data and other data in the EU Customs Data Hub and EU CSW-CERTEX [Am. 147]

Added1. Persons may have access to the data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, that was transmitted by or on behalf of that person, or that has been addressed to or intended for that person. Such access shall take place exclusively to:

Added(a) fulfil that person’s reporting obligations under customs legislation or other legislation applied by customs authorities, including determining the liability of any person for duty, fees and taxes that may be due in the Union; and

Added(b) demonstrate that person’s compliance with customs legislation and other legislation applied by customs authorities.

Added2. A customs authority may process data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary for the following purposes:

Added(a) to carry out its tasks in relation to the implementation of customs legislation or other legislation applied by the customs authorities, including determining the liability of any person for duty, fees and taxes that may be due in the Union and verifying compliance with that legislation;

Added(b) to carry out its tasks in relation to controls and risk management as provided for in Title IV;

Added(c) to carry out the tasks necessary for the cooperation under the conditions provided for in Title XIII.

AddedTo ensure the effectiveness of customs controls, all national customs authorities may receive and process the data resulting from a customs control where non-compliant goods have been detected. [Am. 148]

Added3. The EU Customs Authority may process data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:

Added(a) to carry out its tasks on customs risk management as provided for in Title IV, Chapter 3;

Added(b) to carry out its tasks as provided for in Title XII, Chapter 2;

Added(c) to carry out the tasks relevant for the cooperation as provided for in Title XIII.

AddedWithout prejudice to Directive (EU) 2016/943, and after the date specified in Article 265(4), customs authorities of the Member States or the EU Customs Authority, shall make available, upon request, non-personal, non-commercially sensitive customs data. Economic operators shall have the option to request in declarations that data elements such as, but not limited to, company names, addresses, the value of goods, the material number and the description of the goods are considered commercially sensitive. If such a request is made, the customs authorities of the Member States or the EU Customs Authority shall not follow the request for release of customs data and shall not make this data available. [Am. 149]

Added4. The Commission may process data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:

Added(a) to carry out its tasks in relation to risk management as provided for in Title IV, Chapter 3;

Added(b) to carry out its tasks in relation to the tariff classification of goods, their origin and value and their customs surveillance in accordance with Titles I and IX;

Added(c) to carry out its tasks in relation to restrictive measures and crisis management in accordance with Title XI;

Added(d) to carry out its tasks in relation to the EU Customs Authority in accordance with Title XII;

Added(e) to carry out the tasks necessary for the cooperation under the conditions provided for in Title XIII;

Added(f) to assess and evaluate the performance of the customs union in accordance with Title XV, Chapter 1;

Added(g) to monitor the implementation and ensure the uniform application of customs legislation or other legislation applied by the customs authorities, including determining the liability of any person for duty, fees and taxes that may be due in the Union;