Changes from adopted text to adopted text

RemovedThose implementing acts shall be adopted in accordance with the examination procedure referred to Article 262(4). [Am. 126]

Removed11a. 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. [Am. 127]

RemovedArticle 26 Transitional provisions for authorised economic operators for customs simplifications

Removed1. Until the date established in Article 265(4), 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. [Am. 128]

Removed2. 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. If they may not, the status of authorised economic operators for customs simplifications and the simplifications referred to in Article 23(5) shall be revoked. [Am. 129]

Removed3. Until the authorisation is reassessed or until the date established in Article 265(3), whichever is the earlier, the recognition of status of authorized economic operator for customs simplifications shall remain valid, unless Articles 9 and 10 on annulment, revocation or amendment of decisions apply. [Am. 130]

RemovedChapter 5 CustomCustoms representation [Am. 131]

RemovedArticle 27 Customs representatives

Removed1. Any person may appoint a customs representative.

RemovedSuch representation may be either direct, in which case the customs representative shall act in the name of and on behalf of another person, or indirect, in which case the customs representative shall act in his or her own name but on behalf of another person.

RemovedAn indirect customs representative acting in its own name but on behalf of an importer or an exporter shall be considered the importer or the exporter for the purposes of Articles 20 and 22, respectively.

Removed2. A customs representative shall be established in the customs territory of the Union.

RemovedExcept where otherwise provided, that requirement shall be waived where the customs representative acts on behalf of persons who are not required to be established within the customs territory of the Union.

Removed3. A customs representative having the status of Trust and Check trader shall only be recognised as such when acting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check trader if the person in whose name and on whose behalf that representative is acting has been granted such status.

Removed3a. 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. [Am. 132]

Removed4. The Commission shall determine, in accordance with Union law, the conditions under which a customs representative may provide services in the customs territory of the Union.

Removed5. Member States shall apply the conditions determined in accordance with paragraph 4 to customs representatives not established within the customs territory of the Union.

Removed6. The Commission is empowered to adopt delegated acts, in accordance with Article 261 to supplement this Regulation by determining:

Removed(a) the cases in which the waiver referred to in paragraph 2, second subparagraph, does not apply;

Removed(b) the conditions under which a customs representative mayis allowed to provide services in the customs territory of the Union referred to in paragraph 4. [Am. 133]

RemovedArticle 28 Representatives’ empowerment

Removed1. When dealing with the customs authorities, a customs representative shall state that he or she is acting on behalf of the person represented and shall specify whether the representation is direct or indirect.

RemovedPersons who fail to state that they are acting as a customs representative or who state that they are acting as a customs representative without being empowered to do so shall be deemed to be acting in their own name and on their own behalf.

Removed2. The customs authorities may require persons stating that they are acting as a customs representative to provide evidence of their empowerment by the person represented.

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

Removed3. 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.

Removed4. 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.

Removed5. 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).

RemovedTitle III EU CUSTOMS DATA HUB

RemovedArticle 29 Functionalities and purpose of the EU Customs Data Hub

Removed1. 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]

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

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

Removed(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;

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

Removed(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]

Removed(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;

Removed(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]

Removed(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]

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

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

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

Removed2. 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.

Removed3. 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]

Removed4. 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.

Removed5. The Commission shall lay down, by means of implementing acts:

Removed(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]

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

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

RemovedArticle 29a Pilot phase on the EU Customs Data Hub

Removed1. 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.

Removed2. 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.

Removed3. For the purpose of paragraph 1, the Commission shall adopt implementing acts, specifying the following:

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

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

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

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

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

Removed1. 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]

Removed1a. 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]