Changes from adopted text to adopted text

Removed2. 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.

Removed3. Where the EU Customs Authority develops an application in accordance with paragraph 2, it shall make it available to all Member States.

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

Removed1. 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:

Removed(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

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

Removed2. 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:

Removed(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;

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

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

RemovedTo 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]

Removed3. 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:

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

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

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

RemovedWithout 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]

Removed4. 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:

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

Removed(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;

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

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

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

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

Removed(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;

Removed(h) to produce statistics and other analyses as provided for in Union legislation for which the data in the EU Customs Data Hub is necessary.

Removed(ha) to contribute to the enforcement of other relevant Union legislation. [Am. 150]

RemovedThe Commission shall only process data to the extent that it is needed and useful to fulfil the purposes referred to in this paragraph. [Am. 151]

Removed5. The European Anti-Fraud Office (‘OLAF’) 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 carrying out its activities concerning customs matters pursuant to Article 1 of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, and Council Regulation (EC) No 515/97, under the conditions relating to data protection laid down in the aforementioned Regulations.

Removed6. The European Public Prosecutor’s Office (‘EPPO’) may, upon request, 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 Council Regulation (EU) 2017/1939, insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. [Am. 152]

Removed7. 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 and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. [Am. 153]

Removed8. The competent authorities as defined in Article 3, point (3), of Regulation (EU) 2017/625 of the European Parliament and of the Council 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 and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. [Am. 154]

Removed9. 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, and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. [Am. 155]

Removed10. The European Union Agency for Law Enforcement Cooperation (Europol) may, upon request, 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 and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. [Am. 156]

Removed11. 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 under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article: [Am. 157]

Removed(a) carry out their tasks relevant for the fulfilment of customs formalities;

Removed(b) carry out the tasks entrusted to those authorities by Union legislation;

Removed(c) carry out their tasks relevant for the performance of the Union-level risk management activities referred to in Article 52.

Removed12. 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. [Am. 158]

Removed13. The Commission is empowered to adopt delegated acts in accordance with Article 261 to amend paragraphs 2 to 4 to clarify and complement the purposes laid down therein in light of the evolving needs in implementing customs legislation or other legislation.

Removed13a. 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. [Am. 159]

Removed14. The Commission shall lay down, by means of implementing acts, rules and modalities for accessing or processing data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub by the authorities referred to in paragraphs 6 to 11. In determining those rules and modalities, the Commission shall, for each authority or category of authorities:

Removed(a) assess the existing safeguards applied by the authority concerned to ensure that the data is processed in accordance to the purpose;

Removed(b) ensure the proportionality and the necessity of the processing in relation to the purpose;

Removed(c) determine the specific categories of data, which the authority may have access to or process;

Removed(d) consider the need for the authority concerned to designate a specific contact point, person or persons or to provide additional safeguards;

Removed(e) assess the need to restrict the subsequent sharing of the data;

Removed(f) determine the conditions and modalities for requests for access to data, including personal or commercially sensitive data and which of the joint controllers will grant the access to the EU Customs Data Hub. [Am. 160]

RemovedThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 262(4). [Am. 161]

RemovedArticle 32 Personal data in the EU Customs Data Hub

Removed1. The personal data of the following categories of data subjects may be processed in the EU Customs Data Hub exclusively and to the extent necessary for the purposes laid down in Article 31:

Removed(a) data subjects registered or applying for registration as economic operators in accordance with Article 19;

Removed(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; [Am. 162]

Removed(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; [Am. 163]

Removed(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); [Am. 164]

Removed(e) authorised staff of customs authorities, of authorities other than customs or any other relevant authority or authorised body, whose personal information is necessary to ensure appropriate control and supervision of the access to the information in the EU Customs Data Hub;

Removed(f) staff or authorised third parties working on behalf of the Commission, the EU Customs Authority or other Union bodies authorised to access the EU Customs Data Hub.

Removed2. The following categories of personal data may be processed in the EU Customs Data Hub in accordance with Article 31:

Removed(a) personal data in the EU Customs Data model referred to in Article 36;

Removed(b) personal data included in the data collected for risk management purposes pursuant to Article 50(3), point (a);

Removed(c) personal data required to ensure a proper identification of the staff authorised to process data in the EU Customs Data Hub referred to in paragraph 1, points (e) and (f);