Commission Implementing Regulation (EU) 2021/2248 of 16 December 2021 specifying the details of the electronic interface between national customs systems and the information and communication system for market surveillance, and the data to be transmitted by means of that interface (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/2248of 16 December 2021specifying the details of the electronic interface between national customs systems and the information and communication system for market surveillance, and the data to be transmitted by means of that interface(Text with EEA relevance) THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011OJ L 169, 25.6.2019, p. 1., and in particular Article 34(8) thereof,Whereas:(1)Article 34(7) of Regulation (EU) 2019/1020 requires the Commission to develop an electronic interface ("the interface") to enable the transmission of data between national customs systems and the information and communication system referred to in Article 34(1) of that Regulation. That information and communication system is known as the Information and Communication System for Market Surveillance ("ICSMS"). The interface is intended to facilitate communication between customs authorities and market surveillance authorities for the control of products entering the Union in accordance with Articles 25 to 28 of Regulation (EU) 2019/1020. Its use is to remain voluntary pursuant to Article 26(4) of that Regulation.(2)In order to facilitate the preparation of the electronic systems and the consistent exchange of information, it is necessary to lay down the standard datasets to be transmitted, in the prescribed form and manner, by means of the interface. Those datasets should reflect the requirements set out in Regulation (EU) 2019/1020 as regards the controls on products entering the Union market. They should nevertheless be flexible enough to allow Member States to deal with all relevant cases, using the data or data fields that are appropriate for each case.(3)To limit the administrative burden for customs authorities, the data transmitted from national customs systems to ICSMS should, whenever possible, be readily available from these systems. Nevertheless, verification of compliance of a product by the market surveillance authorities requires additional data elements to be entered in national customs systems.(4)Where Member States make use of the interface, they should be subject to specific procedural requirements in order to ensure the effective functioning of the electronic systems.(5)Where the application of this Regulation entails the processing of personal data, it should be carried out in accordance with Union law on the protection of personal data, in particular Regulation (EU) 2016/679Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1) and Regulation (EU) 2018/1725Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). of the European Parliament and of the Council. This Regulation should lay down some specifications as regards the processing of personal data. These specifications should in the future be consistent with those laid down in the EU Single Window Environment for Customs, for which the Commission tabled a proposal on 28 October 2020Proposal for a Regulation of the European Parliament and of the Council establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013, COM/2020/673 final.. The provisions of this Regulation on personal data protection may therefore be reviewed in light of the future legislative framework governing the EU Single Window Environment for Customs.(6)Data transmitted via the interface should be confidential and should not remain in the interface longer than necessary for its transmission.(7)In accordance with Article 34(7) of Regulation (EU) 2019/1020, the interface should be in place within four years from the date of adoption of this Regulation. Setting up electronic systems is a complex technical task requiring Member States and the Commission to invest both financially and in terms of time. The development process of the interface is expected to take four years. The date of application of this Regulation should therefore be deferred until the interface is available.(8)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 22 October 2021.(9)The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 43 of Regulation (EU) 2019/1020,HAS ADOPTED THIS REGULATION:
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