Commission Implementing Regulation (EU) 2023/1070 of 1 June 2023 on technical arrangements for developing, maintaining and employing electronic systems for the exchange and storage of information under Regulation (EU) No 952/2013 of the European Parliament and the Council
Commission Implementing Regulation (EU) 2023/1070of 1 June 2023on technical arrangements for developing, maintaining and employing electronic systems for the exchange and storage of information under Regulation (EU) No 952/2013 of the European Parliament and the Council THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs CodeOJ L 269, 10.10.2013, p. 1., and in particular Article 8(1), point (b), and Article 17 and Article 50(1), thereof,Whereas:(1)Article 6(1) of Regulation (EU) No 952/2013 (referred to as "the Code" or "UCC") requires that all exchanges of information, such as declarations, applications or decisions, between customs authorities of the Member States and between economic operators and customs authorities of the Member States, and the storage of that information, as required under the customs legislation of the Union, be made by using electronic data-processing techniques.(2)Commission Implementing Decision (EU) 2019/2151Commission Implementing Decision (EU) 2019/2151 of 13 December 2019 establishing the work programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code (OJ L 325, 16.12.2019, p. 168). establishes the work programme for the implementation of the electronic systems required for the application of the Code, which are to be developed through projects listed in Section II of the Annex to that Implementing Decision.(3)Important technical arrangements for the functioning of the electronic systems should be specified, such as arrangements for development, testing and deployment as well as for maintenance and for changes to be introduced in the electronic systems. Further arrangements should be specified concerning data protection, updating of data, limitation of data processing and systems ownership and security.(4)In order to safeguard the rights and interests of the Union, Member States and economic operators, it is important to lay down the procedural rules and provide for alternative solutions to be implemented in the event of a temporary failure of the electronic systems.(5)The European Union Customs Trader Portal (EUCTP), as initially developed through the UCC Authorised Economic Operator (AEO), European Binding Tariff Information (EBTI) and Information Sheets (INF) for Special Procedures (INF SP) projects, aims at providing a unique access point for economic operators and other persons, and to access each of the Specific Trader Portals, developed for their related systems.(6)The Customs Decisions System (CDS), developed through the UCC Customs Decisions project referred to in Implementing Decision (EU) 2019/2151, pursues the objective of harmonising the processes for the application for a customs decision, for the decision taking and the decision management in the whole of the Union using only electronic data-processing techniques. It is therefore necessary to lay down the rules governing that electronic system. The scope of the system should be determined by reference to the customs decisions which are to be applied for, taken and managed using that system. Detailed rules should be set out for the system’s common components (EU trader portal, central customs decisions management system and customer reference services) and national components (national trader portal and national customs decisions management system), by specifying their functions and their interconnections.(7)The Uniform User Management and Digital Signature (UUM&DS) system, developed through the Direct Trader Access to the European Information Systems (Uniform User Management & Digital Signature) project referred to in Implementing Decision (EU) 2019/2151, is to manage the authentication and access verification process for economic operators and other persons. Detailed rules need to be set out regarding the scope and characteristics of the system by defining the different components (common and national components) of the system, their functions and interconnections.(8)The European Binding Tariff Information (EBTI) system, as upgraded through the UCC Binding Tariff Information (BTI) project referred to in Implementing Decision (EU) 2019/2151, is aimed at aligning the processes for applying for, taking and managing BTI decisions with the requirements of the Code using only electronic data-processing techniques. It is therefore necessary to lay down rules governing that system. Detailed rules should be laid down for the system’s common components (EU trader portal, central EBTI system and BTI usage monitoring) and national components (national trader portal and national BTI system), by specifying their functions and interconnections. Moreover, the project aims to facilitate the monitoring of compulsory BTI usage and the monitoring and management of BTI extended usage.(9)The Economic Operator Registration and Identification (EORI) system, as upgraded through the UCC Economic Operator Registration and Identification system (EORI 2) project referred to in Implementing Decision (EU) 2019/2151, is aimed at upgrading the existing trans-European EORI system, which enables the registration and identification of economic operators of the Union and of third country economic operators and other persons for the purposes of applying the customs legislation of the Union. It is therefore necessary to lay down rules governing the system by specifying the components (central EORI system and national EORI systems) and the use of the EORI system.(10)The AEO system, as upgraded through the UCC Authorised Economic Operators (AEO) project referred to in Implementing Decision (EU) 2019/2151, is aimed at improving the business processes relating to AEO applications and authorisations and their management. The system is also aimed at implementing the electronic form to be used for AEO applications and decisions, and providing economic operators with an EUCTP through which to submit AEO applications and receive AEO decisions electronically. Detailed rules should be laid down for the system’s common components.(11)The Import Control System 2 (ICS2), as developed through the ICS2 project referred to in Implementing Decision (EU) 2019/2151 is aimed at strengthening safety and security of goods entering the Union. The system supports the collection of entry summary declaration (ENS) data from different economic operators and other persons acting in the international supply chains for goods. It is aimed at supporting all exchanges of information related to fulfilment of the ENS requirements between the customs authorities of the Member States and economic operators and other persons through a Harmonised Trader Interface developed either as a common or as a national application. It is also aimed at supporting via a common repository and related processes, the real-time collaborative implementation of security and safety risk analysis by the customs offices of first entry and exchange of risk analysis results among the customs authorities of the Member States, prior to goods departure from third countries and/or prior to their arrival in the customs territory of the Union. The system supports customs measures to address safety and security risks identified following risk analysis, including customs controls and the exchange of results of controls, and, where relevant, notifications to economic operators and other persons regarding certain measures which they need to take to mitigate risks. The system supports monitoring and evaluation by the Commission and Member States’ customs authorities of the implementation of the common safety and security risk criteria and standards and of the control measures and priority control areas referred to in the Code.(12)The Automated Export System, as upgraded through the UCC Automated Export System (AES) project referred to in Implementing Decision (EU) 2019/2151, is aimed at upgrading the existing Export Control System to be aligned with the new business and data requirements laid down in the Code. The system is also aimed at offering all the required functionalities and at covering the necessary interfaces with supporting systems, namely the New Computerised Transit System and the Excise Movement Control System. In addition, AES supports the implementation of the centralised clearance at export functionalities. As AES is a decentralised system, it is necessary to lay down rules by specifying the components and the use of the system.(13)The New Computerised Transit System, as upgraded through the UCC New Computerised Transit System (NCTS) project referred to in Implementing Decision (EU) 2019/2151, is aimed at upgrading the existing NCTS Phase 4 to be aligned with the new business and data requirements laid down in the Code. The system is also aimed at offering new functionalities referred to in the Code and at covering the necessary interfaces with supporting systems and AES. As NCTS is a decentralised system, it is necessary to lay down rules by specifying the components and the use of the system.(14)The INF SP system, developed through the UCC Information Sheets (INF) for Special Procedures project referred to in Implementing Decision (EU) 2019/2151, aims at developing a new trans-European system to support and streamline the processes of INF data management and the electronic handling of INF data in the domain of Special Procedures. Detailed rules should be laid down to specify the system’s components and its usage.(15)The customs risk management system referred to in Article 36 of Commission Implementing Regulation (EU) 2015/2447Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558). aims at supporting the exchange of risk information between Member States’ customs authorities and between them and the Commission with a view to supporting the implementation of the common risk management framework.(16)The Centralised Clearance for Import system, as developed through UCC Centralised Clearance for Import (CCI) project referred to in Implementing Decision (EU) 2019/2151 aims at allowing goods to be placed under a customs procedure using centralised clearance, thereby allowing economic operators to centralise their business from a customs viewpoint. The processing of the customs declaration and the physical release of the goods should be coordinated between the customs offices involved. As CCI is a decentralised system, it is necessary to lay down rules by specifying the components and the use of the system.(17)The Registered Exporter (REX) system, referred to in Articles 68 to 93 of Implementing Regulation (EU) 2015/2447, aims at allowing exporters registered in the Union and in some third countries with which the Union has a preferential arrangement to self-certify the origin of their goods. Detailed rules should be laid down to specify the system’s components and their usage. Within the REX system, exporters are to be provided with the information laid down in Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the CouncilRegulation (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 Article 15 of Regulation (EU) 2018/1725 of the European Parliament and of the CouncilRegulation (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)., via a notice attached to the application to become a registered exporter, and the rights of data subjects with regard to the processing of their personal data in connection with their application for registration are to be exercised in accordance with Chapter III of Regulations (EU) 2016/679 and (EU) 2018/1725.(18)The Proof of Union Status (PoUS) system, developed through the UCC PoUS project referred to in Implementing Decision (EU) 2019/2151, aims at creating a new trans-European system to store, manage and retrieve the proofs of Union status in the form of T2L/T2LF and customs goods manifest (CGM) documents.(19)The Surveillance system, as upgraded through the UCC Surveillance 3 (SURV3) project referred to in Implementing Decision (EU) 2019/2151, is aimed at upgrading the Surveillance 2+ system to ensure it is aligned with the UCC requirements such as the standard exchange of information via electronic data processing techniques and the establishment of the functionalities needed for processing and analysing the full surveillance dataset obtained from Member States. The Surveillance system, which is available to the Commission and the Member States, further includes data mining capabilities and reporting functionalities.(20)Commission Implementing Regulation (EU) 2021/414Commission Implementing Regulation (EU) 2021/414 of 8 March 2021 on technical arrangements for developing, maintaining and employing electronic systems for the exchange of information and for the storage of such information under Regulation (EU) No 952/2013 of the European Parliament and of the Council(OJ L 81, 9.3.2021, p. 37). sets out technical arrangements for developing, maintaining and employing electronic systems for the exchange of information and for the storage of such information under the Code. Given the number of changes to that Regulation that would be necessary in order to take account of the fact that REX, PoUS and SURV3 have now or will become operational, and for reasons of clarity, Implementing Regulation (EU) 2021/414 should be repealed and replaced by a new Implementing Regulation.(21)This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the right to protection of personal data. Where for the purposes of the application of the customs legislation of the Union it is necessary to process personal data in the electronic systems, those data must be processed in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725. The personal data of economic operators and other persons processed by the electronic systems are restricted to the datasets as set out in Annex A, Title I, Chapter 1, in the table titled Data groups, Group 3 – Parties; Annex A, Title I, Chapter 2, Group 3 – Parties; Annex B, Title II, Group 13 – Parties; and Annex 12-01 to Commission Delegated Regulation (EU) 2015/2446Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1)..(22)The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725.(23)The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,HAS ADOPTED THIS REGULATION:
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