Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedArticle 25 – paragraph 1: 1. Any person or economic operator, who is resident or registered in the customs territory of the Union, meets the criteria set out in paragraph 3 and has conducted regular customs operations in the course of that person’s business for at least 2 years, may apply for the status of Trust and Check trader to the customs authority of the Member State where that person is established. Importers or exporters who already have the status of authorised economic operators may apply immediately for the status of Trust and Check trader.

RemovedTo be faster for businesses to become a Trust and Check trader.

RemovedArticle 25 – paragraph 2: 2. The customs authorities shall grant the status following consultation with other authorities, if necessary, and after having had access to the relevant data of the applicant for the last 2 years in order to assess compliance with the criteria in paragraph 3.

RemovedArticle 25 – paragraph 3 – point e: (e) appropriate security, safety and compliance standards, including product safety adapted to the type and size of the activity carried out. / The applicant shall be required to participate in mandatory training provided by the competent authorities related to the type of activity. / The standards shall be considered as fulfilled where the applicant demonstrates that he or she maintains appropriate measures to ensure the security and safety of the international supply chain, including in the areas of physical integrity and access controls, logistical processes and handling of specific types of goods, personnel and identification of his or her business partners;

RemovedArticle 25 – paragraph 3 – point f – introductory part: (f) having an electronic system that exceptionally makes available to the customs authorities to access appropriate real-time data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub, in accordance with the detailed arrangements for the application of the criteria for such access set out in the delegated acts referred to in paragraph 10, point b) new :

RemovedArticle 25 – paragraph 4 – subparagraph 2: The customs authorities at least every 2 years shall perform and in-depth monitoring of the Trust and Check trader’s activities and internal records. The Trust and Check trader shall inform the customs authorities of any changes in its corporate structure, ownership, solvency situation, trading models or any other significant changes in its situation and activities. The customs authorities shall re-assess the status of the Trust and Check trader if any of these changes have a significant impact on the Trust and Check status. The customs authorities may suspend this authorisation until a decision on the reassessment is taken.

RemovedArticle 25 – paragraph 5 – subparagraph 1: deleted

RemovedArticle 25 – paragraph 5 – subparagraph 2: Where a Trust and Check trader changes its Member State of establishment, it shall inform the customs authorities of the receiving Member State of any changes in its corporate structure, ownership, solvency situation, trading models or any other significant changes in its situation and activities.

RemovedArticle 25 – paragraph 5 – subparagraph 2 a (new): The customs authorities of the receiving Member State may re-assess in consultation with the Member State that initially granted the Trust and Check trader status whether any of these changes have an impact on its Trust and Check status. If necessary, the customs authorities of the receiving Member State may suspend the initial authorisation. Such suspension shall be notified in the Customs Data Hub. At the latest by 3 years after the Trust and Check trader has changed its Member State of establishment or after the customs authorities of the receiving Member State have re-assessed the Trust and Check trader status and every 3 years thereafter, the customs authorities of the receiving Member State shall perform in-depth monitoring of the Trust and Check trader’s activities and internal records referred to in paragraph 4.

RemovedThe customs authority of the receiving MS may suspend the status, not the one of the MS that granted the initial authorisation.

RemovedArticle 25 – paragraph 6 – subparagraph 1: Where a Trust and Check trader is suspected of involvement in fraudulent activity in relation to its economic or business activity, its status shall be suspended by the customs authorities. That suspension shall be notified in the Customs Data Hub.

RemovedArticle 25 – paragraph 7 – introductory part: 7. Customs authorities shall authorise Trust and Check traders:

RemovedArticle 25 – paragraph 7 a (new): 7a. Customs authorities shall make best efforts to grant the facilitations referred to in paragraph 7 in a uniform manner across the Union. The EU Customs authority shall coordinate the work of the customs authorities and monitor that uniform application so that the facilitations can be granted automatically upon designation as a Trust and Check trader.

RemovedArticle 25 – paragraph 8: 8. The Trust and Check traders shall benefit from more facilitations than other economic operators in respect of customs controls according to the authorisation granted, including fewer physical and document-based controls. The status of Trust and Check trader shall be taken into account favourably for customs risk management purposes.

RemovedArticle 25 – paragraph 10: 10. The Commission is empowered to adopt delegated acts, in accordance with Article 261, to supplement this Regulation by:

RemovedArticle 25 – paragraph 10 – point a (new): (a) determining the type and frequency of the monitoring activities referred to in paragraph 4;

RemovedArticle 25 – paragraph 10 – point b (new): (b) the detailed arrangements for the application of the criteria referred to in paragraph 3.

RemovedArticle 26 – paragraph 1: 1. The customs authorities may grant persons meeting the criteria the status of authorised economic operator for customs simplifications and authorise them to benefit from certain simplifications and facilitations in accordance with the customs legislation.

RemovedTitle II – Chapter 5 – title: Customs representation

RemovedArticle 27 – paragraph 3 a (new): 3a. From 1 January 2029 and for a period of 5 years thereafter, it shall be possible for a customs representative acting as a direct representative to also be recognised as Trust and Check trader if the person in whose name and on whose behalf that representative is acting is a small or micro enterprise..

RemovedTitle II a (new): Title IIa EU / Single Window Environment for Customs / Chapter I / EU Single Window Environment for Customs and European Union Customs Single Window Certificates Exchange System / Article 28a / Establishment of an EU Single Window Environment for Customs / 1. An EU Single Window Environment for Customs is established. It shall include: / (a) an electronic European Union Customs Single Window Certificates Exchange System; / (b) national single window environments for customs; / (c) the Union non-customs systems referred to in Part A of Annex Ia, the use of which is mandatory under Union law; / (d) the Union non-customs systems referred to in Part B of Annex Ia, the use of which is voluntary under Union law. / 2. The EU Single Window Environment for Customs and its components shall be designed, interconnected and operated in accordance with Union law on the protection of personal data, the free flow of non-personal data and cybersecurity, using the most appropriate technologies having regard to the particular characteristics of the specific data and electronic systems concerned, and the purposes of those systems. / Article 28b / Establishment of the electronic European Union Customs Single Window Certificates Exchange System / The electronic European Union Customs Single Window Certificates Exchange System (EU CSW-CERTEX) is established to enable information exchange, as provided for in Chapter III. EU CSW-CERTEX shall connect the national single window environments for customs…

RemovedThe relevant provisions of the Customs Single Window (CSW) Regulation are added to the proposal, as the aim is to repeal the CSW Regulation and create a common customs framework (UCC) that also includes the CSW.

RemovedArticle 29 – paragraph 1 – introductory part: 1. 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:

RemovedArticle 29 – paragraph 1 – point b: (b) ensure the quality, integrity, security, traceability and non-repudiation of data processed therein, including the amendment of such data;

RemovedArticle 29 – paragraph 1 – point d: (d) enable 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)]65 ;

RemovedArticle 29 a (new): Article 29a / Pilot phase on the EU Customs Data Hub / 1. 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. / 2. 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. / 3. For the purpose of paragraph 1, the Commission shall adopt implementing acts, specifying the following: / (a) the technical arrangements for the planning and organisation; / (b) the functionalities to be applied and tested; / (c) the exact duration of the pilot phase. / Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 262(4).

RemovedArticle 30 – paragraph 1: 1. Member States shall 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.

RemovedArticle 31 – paragraph 4 – point h a (new): (h a) To contribute to the improvement of the enforcement of other relevant union legislation.

RemovedArticle 31 – paragraph 4 – subparagraph 1 a (new): The Commission shall only process data to the extent that it is needed and useful to fulfil the purposes referred to in this paragraph.

RemovedArticle 37 – paragraph 3: 3. Where authorities other than customs authorities or Union bodies or authorities from third countries make use of electronic means established by, used to achieve the objectives of, or referred to in Union legislation, the cooperation may take place by means of interoperability of those electronic means with the EU Customs Data Hub.

RemovedArticle 37 – paragraph 4: 4. Where authorities other than customs authorities, including authorities from third countries, do not make use of electronic means established by, used to achieve the objectives of, or referred to in, Union legislation, those authorities may use the specific services and systems of the EU Customs Data Hub in accordance with Article 31.

RemovedArticle 54 – paragraph 1: 1. The Commission, in cooperation with the EU Customs Authority and the customs authorities, shall evaluate the implementation of risk management in order to continuously improve its operational and strategic effectiveness and efficiency at least once every 2 years. The Commission may in addition arrange evaluation activities to be carried out where it considers necessary, and on an ongoing basis. Any evaluation shall be published.

RemovedArticle 60 – paragraph 2 – point a: (a) an importer, a responsible person, or exporter is responsible for the goods;

RemovedArticle 60 – paragraph 3 – point b: (b) where they have any evidence that the goods do not comply with the relevant other legislation applied by the customs authorities;

RemovedArticle 60 – paragraph 3 – point b a (new): (b a) where other legislation requires consultation with authorities;

RemovedArticle 60 – paragraph 5 – point b – point ii: deleted

RemovedArticle 60 – paragraph 5 – point b – point iii: (iii) the other authorities notify the customs authorities that more time is needed to assess whether the goods comply with the relevant other legislation applied by the customs authorities, on the condition that they have not requested to maintain the suspension, and the importer, the responsible person or the exporter provides to the customs authorities full traceability of those goods of the other authorities or until the other authorities have assessed and communicated the outcome of their controls to the importer, the responsible person or the exporter, whichever comes first. The customs authorities shall make the traceability available to the other authorities.

RemovedArticle 60 – paragraph 6 – introductory part: 6. Without prejudice to the relevant other legislation applied by the customs authorities, the customs authorities shall be deemed to have released the goods where they have not selected them for any control within 30 calendar days after:

RemovedReasonable period of time is unclear.

RemovedArticle 60 – paragraph 9: deleted

RemovedReasonable period of time is replaced by 30 calendar days. No Delegated Act needed anymore.

RemovedArticle 80 – paragraph 2: 2. The advance cargo information shall include at least the importer responsible for the goods, the unique reference for the consignment, the consignor, the consignee, a description of the goods, the tariff classification, the value, the data on the route and the nature and identification of the means of transport bringing the goods and the transportation cost. The advance cargo information shall be provided before the goods arrive to the customs territory of the Union. More data may be requested for entry purposes by the customs authorities or the EU Customs Authority.

RemovedArticle 80 – paragraph 9: 9. Until the date set out in the work programme adopted pursuant to Article 29(5)(b), an entry summary declaration submitted in accordance with the rules and data requirements applicable in relation to the electronic systems that the Member States and the Commission have developed pursuant to Article 16(1) of Regulation (EU) No 952/2013 shall be considered to be the advance cargo information.

RemovedArticle 83 – paragraph 4: 4. Goods which are brought into the customs territory of the Union by sea or air and which remain on board the same means of transport for carriage, shall only be notified as ‘arrived’ in the customs territory at the port or airport where they are unloaded or transhipped.

RemovedArticle 83 – paragraph 9 a (new): 9 a. Until the dates set out in the work programme adopted pursuant to Article 29(5 b), an arrival notification and a presentation notification submitted in accordance with the rules and data requirements applicable in relation to the electronic systems that the Member States and the Commission have developed pursuant to Article 16(1) of Regulation (EU) No 952/2013 shall be considered to be, respectively, the notification of the means of transport and the consignments therein.

RemovedArticle 85 – paragraph 2: 2. Without prejudice to Article 80(5), the customs authorities shall require the carrierto present the goods and provide the advance cargo information referred to in Article 80, where this information has not been provided at an earlier stage.

RemovedArticle 86 – paragraph 5: 5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 30 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b), unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.

RemovedArticle 176 – paragraph 3: 3. The customs authorities may authorise an authorised economic operator for customs simplifications and a Trust and Check trader to provide a comprehensive guarantee for existing customs debts and other charges, upon application, with a reduced amount, or, for a Trust and Check trader, a guarantee waiver.

RemovedArticle 176 – paragraph 5: 5. The Commission is empowered to adopt delegated acts, in accordance with Article 261, to supplement this Regulation by determining the conditions for the granting of an authorisation to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver referred to in paragraph 2 and 3.

RemovedArticle 176 – paragraph 6: 6. The Commission shall specify, by means of implementing acts, the procedural rules for determining the amount of the guarantee, including the reduced amount referred to in paragraph 2 and 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 262(4).

RemovedArticle 188 – paragraph 1 – introductory part: 1. The customs authorities shall, upon application by the person concerned and upon provision of a guarantee, authorise to defer the payment of the duty payable in any of the following ways:

RemovedArticle 188 – paragraph 1 a (new): By way of derogation from paragraph 1, the customs authorities shall not require a guarantee where the applicant is a Trust and Check trader authorised to a guarantee waiver in accordance with Article 176(3).

RemovedArticle 201 – paragraph 1: 1. The EU Customs Authority shall contribute to the correct application of restrictive measures adopted in accordance with Article 215 TFEU by monitoring their implementation in the areas falling under its competence and, subject to review and authorisation by the Commission, by providing appropriate guidance to the customs authorities.

RemovedArticle 204 – paragraph 1: 1. The Commission, on its own initiative or based on the request of one or more Member States or the EU Customs Authority, may adopt an implementing act, in accordance with the examination procedure referred to in Articles 262 (4) and (5) of this Regulation, taking into account the protocols and procedures referred to in Article 203, laying down appropriate and necessary measures and arrangements to address a crisis situation or to mitigate its negative effects.

RemovedArticle 204 – paragraph 2: deleted

RemovedThis should be the last paragraph,

RemovedArticle 204 – paragraph 3: 3. The EU Customs Authority shall set up a crisis response cell that is permanently available throughout the crisis. The Commission may support the EU Customs Authority in the planning and setting up of such a crisis response cell. The crisis response cell shall be financed by the budget that is assigned to the EU Customs Authority.

RemovedClarification on the crisis response cell.

RemovedArticle 204 – paragraph 4 a (new): 4 a. The EU Customs Authority shall coordinate and supervise the implementation of the appropriate measures and arrangements by the customs authorities and shall report back on the results of their implementation to the Commission, the European Parliament and the Council.

RemovedThis is taken from paragraph 2. EP and Council should be kept informed too, in times of crises.