Changes from report parliamentary committee draft to plenary report

AddedArticle 25 – paragraph 8: 8. The status of Trust and Check trader shall be taken into account favourably for customs risk management purposes.

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

AddedArticle 25 – paragraph 10 – point a (new): (a) by laying down the rules to consult the other authorities referred to in paragraph 2 for the determination of the status of Trust and Check trader;

AddedArticle 25 – paragraph 10 – point b (new): (b) by laying down the detailed arrangements for the application of the criteria referred to in paragraph 3;

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

AddedArticle 25 – paragraph 10 – point d (new): (d) by laying down the rules about reassessment of the Trust and Check status as referred to in paragraph 5.

AddedArticle 25 – paragraph 11 – subparagraph 1: deleted / (deleted) / (deleted) / (deleted)

AddedArticle 25 – paragraph 11 – subparagraph 2: deleted

AddedArticle 25 – paragraph 11 a (new): 11 a. The Commission and Member States shall set up a capacity building and best practice sharing support system for use by traders who are micro, small and medium-sized enterprises and who have obtained or applied for the Trust and Check status.

AddedArticle 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.

AddedArticle 26 – paragraph 2: 2. By the date established in Article 265(3), the customs authorities shall assess the valid authorised economic operators’ authorisations for customs simplifications to check whether their holders may be granted the status of Trust and Check traders.

AddedArticle 26 – paragraph 3: deleted

AddedTitle II – Chapter 5 – title: Customs representation

AddedArticle 27 – paragraph 3 a (new): 3 a. For a period of 5 years starting on 1 January 2029, 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 micro or small enterprise.

AddedArticle 27 – paragraph 6 – point b: (b) the conditions under which a customs representative is allowed to provide services in the customs territory of the Union referred to in paragraph 4.

AddedArticle 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:

AddedArticle 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;

AddedArticle 29 – paragraph 1 – point c a (new): (c a) ensure compliance with the provisions of Regulation (EU) .../... of the European Parliament and of the Council laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union*+; / * Regulation (EU) ... /... of the European Parliament and of the Council of ... on … (OJ L ..., …, ELI: …). / + OJ: Please insert in the text the number of the Regulation contained in document PE-CONS .../... (2022/0085(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.

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

AddedArticle 29 – paragraph 1 – point e a (new): (e a) 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’);

AddedArticle 29 – paragraph 1 – point e b (new): (e b) enable interoperability with the European Maritime Single Window Environment for the provision and fulfilment of the customs formalities indicated in the Annex of Regulation 2019/1239;

AddedArticle 29 – paragraph 1 – point f: deleted

AddedArticle 29 – paragraph 1 – point h: (h) enable the customs surveillance of goods and contribute to the enforcement of other legislation applied by the customs authorities.

AddedArticle 29 – paragraph 3: 3. The Commission shall develop 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.

AddedArticle 29 – paragraph 5 – subparagraph 1 – point a: (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).../... laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union*+ and with Directive (EU) 2022/2555, including guidelines issued by the European Union Agency for Cybersecurity (ENISA); / * Regulation (EU) ... /... of the European Parliament and of the Council of ... on … (OJ L ..., …, ELI: …). / + OJ: Please insert in the text the number of the Regulation contained in document PE-CONS .../... (2022/0085(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.

AddedArticle 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).

AddedArticle 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.

AddedArticle 30 – paragraph 1 a (new): 1 a. 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 1a in particular in regard to cybersecurity risk-management measures. Member States shall cover the customs infrastructure in their national cybersecurity strategy. / 1a Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, p. 80)

AddedArticle 31 – title: Purposes of the processing of personal data and other data in the EU Customs Data Hub and EU CSW-CERTEX

AddedArticle 31 – paragraph 2 – subparagraph 2: To 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.

AddedArticle 31 – paragraph 3 – subparagraph 1 a (new): Without 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.

AddedArticle 31 – paragraph 4 – point h a (new): (h a) to contribute to the enforcement of other relevant Union legislation.

AddedArticle 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.

AddedArticle 31 – paragraph 6: 6. The European Public Prosecutor’s Office (‘EPPO’) may access and 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 carrying out its tasks pursuant to Article 4 of Regulation (EU) 2017/1939. / (deleted)

AddedArticle 31 – paragraph 7: 7. The tax authorities of the Member States 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 to determine the liability of any person for duty, fees and taxes that may be due in the Union in connection with the relevant goods.

AddedArticle 31 – paragraph 8: 8. The competent authorities as defined in Article 3, point (3), of Regulation (EU) 2017/625 may access data, including personal and commercially sensitive data, store or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for enforcing Union legislation governing the placing on the market or the safety of food, feed and plants and for cooperating with customs authorities to minimise the risks that non-compliant products enter the Union. / (deleted)

AddedArticle 31 – paragraph 9: 9. The market surveillance authorities designated by Member States in accordance with Article 10 of Regulation (EU) 2019/1020 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 enforcing Union legislation governing the placing on the market or the safety of products and for cooperating with customs authorities to minimise the risks that non-compliant goods enter the Union.

AddedArticle 31 – paragraph 10: 10. The European Union Agency for Law Enforcement Cooperation (Europol) may access data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary to perform its tasks in accordance with Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council as long as those tasks concern customs-related matters.

AddedArticle 31 – paragraph 11 – introductory part: 11. Other national authorities and Union bodies, including the European Border and Coast Guard Agency (Frontex), may process non-personal data stored or otherwise available in the EU Customs Data Hub:

AddedArticle 31 – paragraph 12: 12. Until the date set out in Article 265(3), the Commission, OLAF, EPPO and the EU Customs Authority once it is established shall, exclusively for the purposes stated in paragraphs 4, 5 and 6, be able to process data, including personal data, from the existing electronic systems for the exchange of information developed by the Commission pursuant to Regulation (EU) No 952/2013.

AddedArticle 31 – paragraph 13 a (new): 13 a. As regards the processing of personal data by EU CSW-CERTEX, the Commission shall be a joint controller within the meaning of Article 28(1) of Regulation (EU) 2018/1725, and customs authorities and Member States’ partner competent authorities responsible for the Union non-customs formalities listed in the Annex Ia shall be joint controllers within the meaning of Article 26(1) of Regulation (EU) 2016/679.

AddedArticle 31 – paragraph 14 – subparagraph 1: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 31 – paragraph 14 – subparagraph 2: deleted

AddedArticle 32 – paragraph 1 – point b: (b) data subjects who are economic operators which are occasionally involved in activities covered by the customs legislation or by other legislation applied by the customs authorities;

AddedArticle 32 – paragraph 1 – point c: (c) data subjects who are economic operators and whose personal information is contained in the supporting documents referred to in Article 40, or in any additional evidence required for the fulfilment of the obligations imposed by customs legislation and other legislation applied by the customs authorities;

AddedArticle 32 – paragraph 1 – point d: (d) data subjects who are economic operators and whose personal data is contained in the data collected for risk management purposes pursuant to Article 50(3), point (a);

AddedArticle 33 – paragraph 3: deleted

AddedArticle 37 – paragraph 1: 1. The Commission, the EU Customs Authority and the customs authorities shall use the EU Customs Data Hub when exchanging with the authorities and Union bodies referred to in Article 31(6) to (9) and 11 in accordance with this Regulation. The Commission, the EU Customs Authority and the customs authorities shall use Europol’s Secure Information Exchange Network Application (SIENA) when exchanging information with Europol.

AddedArticle 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.

AddedArticle 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.

AddedArticle 39 – paragraph 2 a (new): 2 a. A comprehensive and user-friendly digital interface shall also provide access to all information related to autonomous measures, including tariffs, quotas, sanctions, and embargoes with the aim of enhancing companies' compliance with these measures. This shall also promote greater coherence among various autonomous measures.

AddedTitle III a (new): Title IIIa / EU SINGLE WINDOW ENVIRONMENT FOR CUSTOMS / Article 40a / Establishment of an EU Single Window Environment for Customs / 1. An EU Single Window Environment for Customs is established. It shall include the EU Customs Data Hub referred to in Article 29 and the Union non-customs systems referred to in Annex Ia. / 2. The Commission shall interconnect the EU Customs Data Hub with the Union non-customs systems by the dates set out in Annex Ia and enable information about the Union non-customs formalities listed therein to be exchanged. / 3. The Commission is empowered to adopt delegated acts in accordance with Article 261 to amend Annex Ia, as regards the Union non-customs formalities, their respective Union non-customs systems as laid down in Union legislation other than customs legislation, and the date for the establishment of the interconnections referred to in paragraph 2 of this Article. / Article 40b / Government to Government digital cooperation for Union non-customs formalities / 1. For each of the Union non-customs formalities listed in Annex Ia, EU CSW-CERTEX shall enable information to be exchanged between the national single window environments for customs EU Customs Data Hub and the relevant Union non-customs systems for the following purposes: / (a) making the relevant data available to customs authorities for them to perform the necessary verification of those formalities in accordance with this Regulation in an automated manner; / (b) making the relevan…

AddedArticle 41 – paragraph 2: 2. Goods brought into the customs territory of the Union shall remain under such supervision to determine their customs status.

AddedArticle 50 – paragraph 3 – point a: (a) collecting, processing, exchanging and analysing relevant data available in the EU Customs Data Hub and from other sources, including relevant data from competent authorities other than customs authorities;

AddedArticle 50 – paragraph 4 a (new): 4 a. When taking decisions related to the customs risk management referred to in paragraph 2, the customs authorities shall take into account any non-compliance by an importer, an exporter or a deemed importer with other legislation applied by the customs authorities that is part of national law, which has been notified by the competent authorities to the customs authorities. That non-compliance shall be taken into account for the purpose of the risk profile of the relevant importer, exporter or deemed importer.

AddedArticle 51 – paragraph 1: 1. The Commission shall establish common priority control areas and common risk criteria and, where necessary, standards for any type of risk, including but not limited to risks relating to financial interests.

AddedArticle 51 – paragraph 5 – point f: (f) inform OLAF where it identifies or suspects cases of fraud and provide it with all the necessary information related to these cases. Europol shall also be informed within the limits of Europol’s mandate.

AddedArticle 51 – paragraph 5 a (new): 5 a. The EU Customs Authority may invite Europol to contribute to the risks analysis referred to in point (e) of paragraph 5 to establish common priority control areas and common risk criteria and standards, within the limits of Europol’s mandate.

AddedArticle 51 – paragraph 8 a (new): 8 a. The Commission is empowered to adopt delegated acts, in accordance with Article 261, to supplement this Regulation by determining which information must include the justification for not executing a control referred to in point (h) of paragraph 6.

AddedArticle 53 – paragraph 1: 1. All risk information, signals, risk analysis results, control recommendations, control decisions and control results, shall be recorded in the operational process to which they relate and in the EU Customs Data Hub, irrespective of whether they were based on national or common risk analysis, or whether they were based on random selection. Customs authorities shall share risk information with each other, with the EU Customs Authority, with the Commission and with Europol, within the limits of Europol’s mandate.