Regulation (EU) 2019/1239 of the European Parliament and of the Council of 20 June 2019 establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation establishes a framework for a technologically neutral and interoperable European Maritime Single Window environment (‘EMSWe’) with harmonised interfaces, in order to facilitate the electronic transmission of information in relation to reporting obligations for ships arriving at, staying in and departing from a Union port.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘European Maritime Single Window environment’ (‘EMSWe’) means the legal and technical framework for the electronic transmission of information in relation to reporting obligations for port calls in the Union, which consists of a network of maritime National Single Windows with harmonised reporting interfaces and includes data exchanges via SafeSeaNet and other relevant systems as well as common services for user registry and access management, addressing, ship identification, location codes and information on dangerous and polluting goods and on health;

(2) ‘ship’ means any seagoing vessel or craft operating in the marine environment that is subject to a particular reporting obligation listed in the Annex;

(3) ‘maritime National Single Window’ means a nationally established and operated technical platform for receiving, exchanging and forwarding electronically information to fulfil reporting obligations, which includes commonly defined management of access rights, a harmonised reporting interface module and a graphical user interface for communication with declarants, as well as links with the relevant authorities’ systems and databases at national and at Union level, which enables messages or acknowledgements covering the widest range of decisions taken by all of the participating relevant authorities to be communicated to declarants, and which could also allow, where applicable, for the connection with other reporting means;

(4) ‘harmonised reporting interface module’ means a middleware component of the maritime National Single Window through which information can be exchanged between the information system used by the declarant and the relevant maritime National Single Window;

(5) ‘reporting obligation’ means the information required by the Union and international legal acts listed in the Annex, as well as by the national legislation and requirements referred to in the Annex which has to be provided in connection with a port call;

(6) ‘port call’ means the arrival of a ship at, the stay of a ship in, and the departure of a ship from a maritime port in a Member State;

(7) ‘data element’ means the smallest unit of information which has a unique definition and precise technical characteristics such as format, length and character type;

(8) ‘EMSWe data set’ means the complete list of data elements stemming from reporting obligations;

(9) ‘graphical user interface’ means a web interface for two-way web-based user-to-system data submission to a maritime National Single Window, allowing declarants to enter data manually, inter alia, by means of harmonised digital spreadsheets and functions that enable reporting data elements to be extracted from those spreadsheets, as well as including common functionalities and features that ensure a common navigation flow and data upload experience for the declarants;

(10) ‘common addressing service’ means an additional voluntary service for declarants for initiating direct system-to-system data connections between the system of a declarant and the harmonised reporting interface module of the respective maritime National Single Window;

(11) ‘declarant’ means any natural or legal person who is subject to reporting obligations or any duly authorised natural or legal person acting on that person’s behalf within the limits of the relevant reporting obligation;

(12) ‘customs authorities’ means the authorities defined in point (1) of Article 5 of Regulation (EU) No 952/2013;

(13) ‘data service provider’ means a natural or legal person who provides information and communication technology services to a declarant in relation to reporting obligations;

(14) ‘electronic transmission of information’ means the process of transmitting information that has been encoded digitally, using a revisable structured format which can be used directly for data storage and processing by computers;

(15) ‘provider of port services’ means any natural or legal person who provides one or more categories of the port services listed in Article 1(2) of Regulation (EU) 2017/352 of the European Parliament and of the Council (¹).

CHAPTER II

EMSWe DATA SET

Article 3

Establishment of the EMSWe data set

The first such delegated act shall be adopted by 15 August 2021.

As set out in Article 4, a Member State may request the Commission to introduce or amend data elements in the EMSWe data set, in accordance with the reporting obligations contained in the national legislation and requirements. When assessing whether data elements are to be included in the EMSWe data set, the Commission shall take into account safety concerns, as well as the principles of the FAL Convention, namely the principle of only requiring the reporting of essential information and keeping the number of items to a minimum.

The Commission shall decide, within three months after the request, whether to introduce the data elements in the EMSWe data set. The Commission shall justify its decision.

A delegated act which introduces or amends a data element in the EMSWe data set shall include an explicit reference to the national legislation and requirements referred to in the third subparagraph.

In the event that the Commission decides not to introduce the requested data element, the Commission shall give substantiated grounds for its refusal, with reference to the safety of navigation and the principles of the FAL Convention.

Article 4

Amendments to the EMSWe data set

No later than one month before the end of the last three-month period referred to in the first subparagraph, the Member State may request the Commission that the additional data elements become part of the EMSWe data set, in accordance with Article 3(3). The Member State may continue to ask declarants to provide the additional data elements until a decision by the Commission has been taken, and in the event of a positive decision, until the amended EMSWe data set has been implemented.

CHAPTER III

PROVISION OF INFORMATION

Article 5

Maritime National Single Window

Member States shall be responsible for the operation of their maritime National Single Window.

Member States may jointly establish a maritime single window with one or more other Member States. Those Member States shall designate that maritime single window as their maritime National Single Window, and shall remain responsible for its operation in accordance with this Regulation.

The Member States shall ensure:

(a) the compatibility of the maritime National Single Window with the harmonised reporting interface module and adherence of the graphical user interface of their maritime National Single Window to the common functionalities in accordance with Article 6(2);

(b) the timely integration of the harmonised reporting interfaces in accordance with the implementation dates set in the implementing act referred to in Article 6 and any subsequent updates in accordance with the dates agreed in the Multi-annual Implementation Plan (MIP);

(c) a connection with the relevant systems of competent authorities, to enable the transfer of data to be reported to those authorities, through the maritime National Single Window, and to those systems, in accordance with Union legal acts and national legislation and requirements, and in compliance with the technical specifications of those systems;

(d) the provision of a helpdesk during the first 12 months from 15 August 2025 and an online support website for their maritime National Single Window with clear instructions in the official language(s) of that Member State and, where relevant, in a language that is internationally used;

(e) the provision of adequate and necessary training for staff who are directly involved in the operation of the maritime National Single Window.

The first such implementing act shall be adopted by 15 August 2021.

Article 6

Harmonised Reporting Interfaces

The first such implementing act shall be adopted by 15 August 2021.

The first such implementing act shall be adopted by 15 August 2021.

Article 7

Other means of reporting

Article 8

Once-only principle

Article 9

Responsibility for the information communicated

The declarant shall be responsible for ensuring the submission of data elements in compliance with the applicable legal and technical requirements. The declarant shall remain responsible for the data and for updating any information that has changed after the submission to the maritime National Single Window.

Article 10

Data protection and confidentiality

Article 11

Additional provisions for customs

The first such implementing act shall be adopted by 15 August 2021.

CHAPTER IV

COMMON SERVICES

Article 12

EMSWe user registry and access management system

The first such implementing act shall be adopted by 15 August 2021.

Article 13

Common addressing service

The first such implementing act shall be adopted by 15 August 2024.

Article 14

EMSWe Ship Database

The first such implementing act shall be adopted by 15 August 2021.

Article 15

Common Location Database

The first such implementing act shall be adopted by 15 August 2021.

Article 16

Common Hazmat Database

The first such implementing act shall be adopted by 15 August 2021.

Article 17

Common Ship Sanitation Database

The competent health authorities of the Member States shall have access to the database for the purpose of receiving and exchanging data.

CHAPTER V

COORDINATION OF THE EMSWe ACTIVITIES

Article 18

National coordinators

Each Member State shall designate a competent national authority with a clear legal mandate to act as a national coordinator for the EMSWe. The national coordinator shall:

(a) act as the national contact point for users and the Commission for all matters relating to the implementation of this Regulation;

(b) coordinate the application of this Regulation by the competent national authorities within a Member State and their cooperation;

(c) coordinate the activities aiming at ensuring the distribution of data and the connection with the relevant systems of competent authorities as referred in point (c) of Article 5(3).

Article 19

Multi-annual Implementation Plan

In order to facilitate the timely implementation of this Regulation and to provide quality control mechanisms and procedures for deploying, maintaining and updating the harmonised interface module and the related harmonised elements of the EMSWe, the Commission shall adopt, and revise on a yearly basis, following appropriate consultations of Member States’ experts, a Multi-annual Implementation Plan which shall provide:

(a) a plan for the development and updating of the harmonised reporting interfaces and the related harmonised elements of the EMSWe over the following 18 months;

(b) a plan for the development of the common addressing service by 15 August 2024;

(c) indicative dates for consultation with relevant stakeholders;

(d) indicative deadlines for the Member States for the subsequent integration of the harmonised reporting interfaces with the maritime National Single Windows;

(e) indicative deadlines for the Commission’s development of a common addressing service following the implementation of the harmonised reporting interface module;

(f) testing periods for Member States and declarants to test their connections with any new versions of the harmonised reporting interfaces;

(g) testing periods for the common addressing service;

(h) indicative phasing-out deadlines for the older versions of the harmonised reporting interfaces for the Member States and declarants.

CHAPTER VI

FINAL PROVISIONS

Article 20

Costs

The general budget of the European Union shall cover the costs for:

(a) the development and maintenance of the ICT tools by the Commission and EMSA supporting the implementation of this Regulation at Union level;

(b) the promotion of the EMSWe at Union level, including among relevant stakeholders, and at the level of relevant international organisations.

Article 21

Cooperation with other trade and transport facilitation systems or services

Where trade and transport facilitation systems or services have been created by other Union legal acts, the Commission shall coordinate the activities related to those systems or services with a view to achieving synergies and avoiding duplication.

Article 22

Review and report

Member States shall monitor the application of the EMSWe, and report their findings to the Commission. The report shall include the following indicators:

(a) use of the harmonised reporting interface module;

(b) use of the graphical user interface;

(c) use of other means of reporting as referred to in Article 7.

Member States shall submit that report to the Commission on an annual basis, using a template to be provided by the Commission.

By 15 August 2027, the Commission shall review the application of this Regulation and shall submit to the European Parliament and the Council an assessment report on the functioning of the EMSWe on the basis of the data and statistics collected. The assessment report shall include, where necessary, an evaluation of emerging technologies which could lead to changes to or the replacement of the harmonised reporting interface module.

Article 23

Exercise of the delegation

Article 24

Committee procedure

Article 25

Repeal of Directive 2010/65/EU

Directive 2010/65/EU is repealed from 15 August 2025.

References to Directive 2010/65/EU shall be construed as references to this Regulation.

Article 26

Entry into force

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

A. Reporting obligations stemming from legal acts of the Union

This category of reporting obligations includes the information which is to be provided in accordance with the following provisions:

A1 -   Notification for ships arriving in and departing from ports of the Member States

Article 4 (1) of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (OJ L 208, 5.8.2002, p. 10).

A2 -   Border checks on persons

Article 19 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

A3 -   Notification of dangerous or polluting goods carried on board

Article 13 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (OJ L 208, 5.8.2002, p. 10).

A4.1 -   Advance waste notification

Article 6 (1) of Directive (EU) 2019/883 of the European Parliament and the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

A4.2 -   Waste delivery receipt

Article 7 (3) of Directive (EU) 2019/883 of the European Parliament and the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

A5 -   Ship pre-arrival security information

Article 6 of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (OJ L 129, 29.4.2004, p. 6).

The form set out in the Appendix to this Annex shall be used for identifying the data elements required under Article 6 of Regulation (EC) No 725/2004.

A6.1 -   Number of persons sailing on board passenger ships

Article 4 (2) of Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community (OJ L 188, 2.7.1998, p. 35).

A6.2   Information on persons sailing on board passenger ships

Article 5 (2) of Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community (OJ L 188, 2.7.1998, p. 35).

A7 -   Customs formalities

A7.1 - Notification of arrival (Article 133 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1);

A7.2 - Presentation of goods to customs (Article 139 of Regulation (EU) No 952/2013);

A7.3 - Temporary storage declaration of goods (Article 145 of Regulation (EU) No 952/2013);

A7.4 - Customs status of goods (Articles 153 to 155 of Regulation (EU) No 952/2013;

A7.5 - Electronic transport documents used for transit (Article 233(4), point (e) of Regulation (EU) No 952/2013);

A7.6 - Exit notification (Article 267 of Regulation (EU) No 952/2013);

A7.7 - Exit summary declaration (Articles 271 and 272 of Regulation (EU) No 952/2013);

A7.8 - Re-export notification (Articles 274 and 275 of Regulation (EU) No 952/2013).

A8 -   Safe loading and unloading of bulk carriers

Article 7 (1), point (b) of Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers (OJ L 13, 16.1.2002, p. 9).

A9 -   Notification of arrival of ships eligible for an expanded inspection