Commission Implementing Regulation (EU) 2024/2145 of 31 July 2024 laying down rules for information exchange in the European Union Customs Single Window Certificate Exchange System pursuant to Regulation (EU) 2022/2399 of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 (1), and in particular Article 7(2), Article 10(4) and Article 19 thereof,
Whereas:
(1) Regulation (EU) 2022/2399 establishes the European Union Single Window Environment for Customs (‘EU Single Window Environment for Customs’). It further provides a framework for digital cooperation between customs and non-customs authorities through three main components: Union non-customs systems managing specific non-customs formalities listed in the Annex to Regulation (EU) 2022/2399, national single window environments for customs and the European Union Customs Single Window Certificates Exchange System (EU CSW-CERTEX).
(2) EU CSW-CERTEX enables information to be exchanged between the national customs systems and Union non-customs systems. This exchange is usually initiated by the national single window environments for customs when an economic operator lodges a customs declaration or re-export declaration containing the reference number of the supporting document issued by the relevant partner competent authority. In order for EU CSW-CERTEX to perform automated controls and processes, it is necessary to set out detailed rules to better integrate and align customs and Union non-customs procedures, enabling them to run seamlessly.
(3) Given the various administrative decisions of the partner competent authorities, indicated in the supporting documents, and the different customs procedures or the re-export for which the supporting documents can be used, it is appropriate to include a table of rules in Annex I to this Regulation. That table should be used as a mapping tool to align the relevant customs procedure or the re-export with the respective administrative decision of the partner competent authority and vice versa – a process known as business transformation of data. That table should contain a list of all customs procedures, possible statuses and administrative decisions indicated in the supporting documents for a Union non-customs formality listed in the Annex to Regulation (EU) 2022/2399, with the exception of the Information and Communication System for Market Surveillance (‘ICSMS’). EU CSW-CERTEX should facilitate the necessary exchange of data with ICSMS in accordance with Commission Implementing Regulation (EU) 2021/2248 (2) for the purpose of ensuring cooperation between customs and market surveillance authorities.
(4) To streamline data handling in the customs clearance process, it is essential that customs authorities and partner competent authorities have the possibility to automatically exchange and verify the information required for the fulfilment of Union non-customs formalities following the submission of a customs declaration or re-export declaration by an economic operator. To this end, EU CSW-CERTEX should ensure that customs and non-customs data are compatible by transforming their format or structure, where necessary, without changing their content. This process is known as the technical transformation of data. It is necessary to lay down rules for mapping between the data elements included in Annex B to Commission Delegated Regulation (EU) 2015/2446 (3) and Annex B to Commission Implementing Regulation (EU) 2015/2447 (4), and those referred to in Article 1 of Commission Delegated Regulation (EU) 2024/2514 (5).
(5) Given that EU CSW-CERTEX cannot always directly map the exact meanings of the data submitted in a Union non-customs formality with those expressed in the respective customs formality, it is appropriate to create specific data elements designed to resolve such mapping discrepancies. Those specific data elements should not be legally embedded within any customs or Union non-customs formality, as neither the economic operator nor the customs authority is required to transmit them. Instead, it is necessary to include those data elements in this Regulation to ensure alignment and seamless data conversion between customs procedures and re-export, on the one hand, and Union non-customs formalities, on the other.
(6) Article 10(1) and (2) of Regulation (EU) 2022/2399 establishes the different types of information exchange and functionalities that EU CSW-CERTEX is to enable. It is appropriate to further specify the functionalities enabling those types of information exchange. It should be possible to use those functionalities individually or in combination with each other, as necessary, to enable a fully automated fulfilment of customs and non-customs formalities and any other automated data transfer between the customs authorities and the relevant partner competent authorities required by Union legislation establishing Union non-customs formalities.
(7) One of the most important business functions that EU CSW-CERTEX provides to the national customs administrations of the Member States is the automated exchange of the required information with the Union non-customs systems. To this end, EU CSW-CERTEX should allow for the retrieval of supporting documents from Union non-customs systems, the mapping of the data included in those documents and the transmission of those data to the national single window environments for customs. Where necessary, this process should be repeated to allow the national single window environment for customs to receive notifications when the status of a supporting document changes according to specific parameters.
(8) To enhance the accuracy and reliability of customs and non-customs operations across the Union, and to reduce the risks of fraud and documentary forgery, it is necessary to establish an automated functionality in EU CSW-CERTEX to verify that the quantities declared in the customs declarations and re-export declarations do not exceed the authorised quantities indicated in the supporting documents. If automated verifications are successful, the Union non-customs systems should reserve the declared quantities and EU CSW-CERTEX should transmit the outcome of the reserved quantities of goods to the national single window environments for customs. If automatic verifications show discrepancies, EU CSW-CERTEX should communicate the reasons for the failed reservations to those environments. When the reservation is successful and goods are released or re-exported, EU CSW-CERTEX should retrieve information on the released or re-exported quantities from the national single window environments for customs and transmit it to the respective Union non-customs systems, which mark the reserved quantity as consumed. On the contrary, if the goods are not released, EU CSW-CERTEX should follow the same steps, and the Union non-customs systems should record those quantities as neither reserved nor consumed.
(9) To ensure the integrity and effective monitoring of the goods clearance process, it is appropriate to provide that, following an amendment or invalidation of a customs declaration after the release of the goods, the exchange of data between the national single window environments and the Union non-customs systems on updated or withdrawn quantities of goods should take place via EU CSW-CERTEX.
(10) To ensure that customs operations remain adaptable and responsive to unforeseen circumstances, it should be possible for customs authorities, under exceptional circumstances and with full responsibility, to override automated verifications and functions run by EU CSW-CERTEX. That intervention should enable customs authorities to instruct EU CSW-CERTEX to amend, accept, or refuse the specific quantities of goods indicated in the supporting document. It should then be possible for EU CSW-CERTEX to transmit the outcome of those actions to the respective Union non-customs system, ensuring that all changes are properly documented and communicated.
(11) Union legislation other than customs legislation may require customs authorities to provide additional information for the fulfilment of a Union non-customs formality whenever a supporting document is referenced in a customs declaration. To ensure compliance with that requirement, EU CSW-CERTEX should facilitate the retrieval of such information from the national single window environments for customs and make it available to the appropriate Union non-customs systems. This functionality should also allow customs authorities to amend or delete the additional information transmitted to the Union non-customs systems.
(12) To ensure seamless information flow across Union customs and non-customs systems, it should be possible for national single window environments for customs to request a specific list of supporting documents from the respective Union non-customs systems. Therefore, it is appropriate to provide for a functionality that allows the national single window environment for customs to request and receive, through EU CSW-CERTEX, a list of supporting documents, where relevant within specific parameters, and to repeat such requests under certain conditions.
(13) It is necessary to establish certain contingency arrangements for the possible unavailability of EU CSW-CERTEX. Regulation (EU) 2022/2399 does not affect provisions referring to customs formalities or to the specific Union legislation other than the customs legislation referred to in the Annex to that Regulation. Therefore, any exchange of information during the unavailability of EU CSW-CERTEX should take place in accordance with the relevant provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council (6) and the relevant Union legislation other than customs legislation applicable to the specific Union non-customs formality.
(14) In accordance with Regulation (EU) 2022/2399, the Commission is to establish, where appropriate, specific rules to ensure the protection of personal data during the exchange of information through EU CSW-CERTEX. Moreover, the Commission is to establish the respective responsibilities of customs authorities, partner competent authorities and the Commission, who act as joint controllers pursuant to Article 7(1) of that Regulation, for the processing of personal data in EU CSW-CERTEX, in accordance with the relevant provisions of Regulations (EU) 2016/679 (7) and (EU) 2018/1725 (8) of the European Parliament and of the Council. Furthermore, when customs authorities, partner competent authorities or the Commission act alone in the processing of specific aspects of personal data, and therefore carry independent responsibility for such processing, those entities should be identified respectively as ‘controllers’ or ‘controller’. To maintain effective operational alignment and communication among the joint controllers, it is appropriate for the Commission and the national coordinators, referred to in Article 17 of Regulation (EU) 2022/2399, to keep the contact information and relevant data for those controllers updated.
(15) In order to ensure uniform conditions for the implementation of EU CSW-CERTEX, the Commission, customs authorities and partner competent authorities should work in collaboration to define the technical design requirements and functionalities required to interconnect the national single window environments for customs with EU CSW-CERTEX and the specific Union non-customs systems in accordance with Article 5(4) and (5) of Regulation (EU) 2022/2399. During this collaboration process, it is necessary to accommodate the varied specific requirements of the different partner competent authorities. Moreover, at the request of the Member States, it should be possible for the Commission to carry out appropriate piloting activities that contribute to the smooth functioning of EU CSW-CERTEX. To ensure that Member States have sufficient time to interconnect their national single window environments for customs with EU CSW-CERTEX, the Commission should make the technical specifications for that interconnection available to Member States at the latest 1 year before the dates set out in the Annex to Regulation (EU) 2022/2399.
(16) This Regulation should establish rules to support the operational requirements and operational timeline for the interconnection of the national single window environments for customs with EU CSW-CERTEX, with particular consideration being given to the IT developments required by the Member States prior to interconnecting their national single window environments for customs. Moreover, considering that the EU Single Window Environment for Customs is an integrated environment, and EU CSW-CERTEX operates at its core between the Union non-customs systems and the national customs systems, the Commission should ensure that every system interconnected with EU CSW-CERTEX functions as intended and that the interconnection is fully functional.
(17) As EU CSW-CERTEX is operational since 2017, and the technical specifications are already available for the Union non-customs formalities and systems listed in the Annex to Regulation (EU) 2022/2399, the rule on the availability of technical specifications should apply only to new Union non-customs formalities and systems and only as of 2 years from the dates indicated in that Annex.
(18) The empowerments in Article 7(2), Article 10(4), and Article 19 of Regulation (EU) 2022/2399 are structurally and substantively linked, as they respectively allow for the establishment of the responsibilities of the joint controllers for personal data processing operations in EU CSW-CERTEX, of rules for information exchange through EU CSW-CERTEX, including personal data, and of a work programme to ensure interoperability between Union non-customs systems and the national single window environments for customs by the dates specified in the Annex to Regulation (EU) 2022/2399. Given their structural and substantive alignment, it is appropriate for reasons of administrative simplification to combine those empowerments in a single legislative act, thereby eliminating redundancies, streamlining the legal framework and ensuring a unified approach to personal data processing operations within EU CSW-CERTEX.
(19) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 31 May 2024.
(20) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
CHAPTER I
EU CSW-CERTEX TECHNICAL FUNCTIONALITIES
Article 1
Identification of procedures across customs and non-customs domains
EU CSW-CERTEX shall perform a business transformation of data by mapping the relevant customs procedures and re-export with the respective administrative decision or status indicated in the supporting documents for a Union non-customs formality, or vice versa, including determining the applicability of quantity management, in accordance with the rules tables provided for in Annex I to this Regulation.
For the Information and Communication System for Market Surveillance, EU CSW-CERTEX shall enable the exchange of data for the purpose of cooperation between customs and market surveillance authorities in accordance with Implementing Regulation (EU) 2021/2248.
Article 2
Data mapping between customs and Union non-customs systems
EU CSW-CERTEX shall map the data elements identified in accordance with Delegated Regulation (EU) 2024/2514 to those specified in Regulation (EU) No 952/2013 and perform a technical transformation of those data elements in accordance with the data mapping tables provided for in Annex II to this Regulation.
Article 3
Data elements with indirect mapping procedures
Data elements within Union non-customs formalities specified in Article 1 of Delegated Regulation (EU) 2024/2514 that cannot be matched directly to data elements in customs formalities, shall be mapped using a specific data element identified as ‘EU SWE-C data element’.
Article 4
Use of EU CSW-CERTEX functionalities
The functionalities of EU CSW-CERTEX indicated in this Chapter shall operate individually or in combination with each other for the information exchange and processing referred to in Article 10(1) and (2) of Regulation (EU) 2022/2399.
Article 5
Check availability functionality
Where a supporting document is referenced in a customs declaration or re-export declaration, EU CSW-CERTEX shall:
(a) verify that the supporting document is available and retrieve it from its respective Union non-customs system;
(b) transform the data included in that supporting document in accordance with Articles 1, 2 and 3;
(c) transmit the data, together with the original supporting document where requested, to the national single window environment for customs where the customs declaration or re-export declaration was lodged.
If the status of a supporting document changes in a manner that would affect the identification of procedures in accordance with Article 1, EU CSW-CERTEX shall perform the actions referred to in paragraph 1 of this Article in an automated manner.
Article 6
Automatic quantity management
Where a supporting document is referenced in a customs declaration or re-export declaration, and that declaration is accepted by customs authorities with quantity management applied in accordance with Annex I to this Regulation, EU CSW-CERTEX shall:
(a) perform the actions specified in Article 5(1), point (a);
(b) transmit a verification from the Union non-customs systems to the national single window environments for customs confirming that the specific quantities of goods declared in the customs declaration or re-export declaration do not exceed those indicated in the supporting document.
If the verifications provided for in paragraph 1 are successful, EU CSW-CERTEX shall communicate the outcome of the quantity reservation and the content of the supporting document to the national single window environments for customs.
Where goods for which a quantity has been reserved in accordance with paragraph 2 are released or re-exported, EU CSW-CERTEX shall retrieve information from the respective national single window environment for customs on the quantity released or re-exported and forward that information to the respective Union non-customs systems, where those quantities shall be considered consumed.
Where goods for which a quantity has been reserved in accordance with paragraph 2 are not released, EU CSW-CERTEX shall retrieve information from the respective national single window environment for customs on the unreleased quantity and forward that information to the respective Union non-customs systems, where those quantities shall be considered neither reserved nor consumed.
If the verifications provided for in paragraph 1 are not successful, EU CSW-CERTEX shall transmit to the national single window environment for customs the reason for the failed reservation.
Article 7
Post-clearance amendment or invalidation of the customs declaration
Where a customs declaration is amended in accordance with Article 173 of Regulation (EU) No 952/2013 or invalidated pursuant to Article 174 of that Regulation, and a supporting document is referenced in the customs declaration in accordance with Articles 5 and 6 of this Regulation, EU CSW-CERTEX shall receive the information about the amendment or invalidation from the respective national single window environments for customs and transmit it to the respective Union non-customs systems to update or withdraw the quantity of goods consumed. The feedback on updated or withdrawn quantities shall be transmitted back to the national single window environments for customs.
Article 8
Manual quantity management
By way of derogation from Article 6, customs authorities may, under their full responsibility and in exceptional circumstances, instruct EU CSW-CERTEX to bypass the automated verifications referred to in paragraph 1 of that Article, and to amend, accept, or refuse, as appropriate, the specific quantities of goods described in the supporting documents.
EU CSW-CERTEX shall transmit the outcome of the actions referred to in paragraph 1 to the respective Union non-customs system.
Article 9
Enter record functionality
Where Union legislation other than customs legislation requires customs authorities to provide additional information for the fulfilment of a Union non-customs formality, and a supporting document for that Union non-customs formality is referenced in a customs declaration, EU CSW-CERTEX shall facilitate the retrieval of that additional information from the respective national single window environment for customs and make it available to the relevant Union non-customs system.
The functionality referred to in paragraph 1 may be used by customs authorities to amend or delete the additional information transmitted to the Union non-customs system through EU CSW-CERTEX.
Article 10
Request for a list of supporting documents
Where a national single window environment for customs requests a specific list of supporting documents, or data therein, EU CSW-CERTEX shall retrieve those supporting documents or data from the respective Union non-customs system and make them available to the national single window environment for customs as required.
Where a national single window environment for customs periodically requests a specific list of supporting documents, or data therein, it shall specify the period for which that request is made. In that case, EU CSW-CERTEX shall retrieve those supporting documents or data from the Union non-customs system and make them available to the national single window environment for customs as and when required.
Article 11
Unavailability of EU CSW-CERTEX and contingency arrangements
The Commission shall inform customs authorities and partner competent authorities immediately and without delay of the following:
(a) any planned unavailability of EU CSW-CERTEX or its functionalities;
(b) any unavailability of EU CSW-CERTEX or one of its functionalities due to a temporary failure.
In the cases referred to in paragraph 1, points (a) and (b), the exchange of customs formalities and Union non-customs formalities between customs authorities and partner competent authorities shall take place in accordance with the relevant provisions of Regulation (EU) No 952/2013 and Union legislation other than customs legislation.
CHAPTER II
DATA PROTECTION
Article 12
Personal data processing within the scope of joint controllership
The following processing activities performed by EU CSW-CERTEX shall fall within the scope of joint controllership between the Commission, customs authorities and partner competent authorities within the meaning of Article 28(1) of Regulation (EU) 2018/1725 and Article 26(1) of Regulation (EU) 2016/679:
(a) the receipt of personal data from national single window environments for customs and Union non-customs systems;
(b) the business and technical transformation of personal data in accordance with Articles 1, 2 and 3;
(c) the transmission of transformed personal data to national single window environments for customs or Union non-customs systems.
When processing personal data, the joint controllers shall comply with Regulations (EU) 2016/679 and (EU) 2018/1725.
Article 13
Personal data processing outside the scope of joint controllership
The Commission shall be considered controller for the processing of personal data in the context of the following activities:
(a) system maintenance and urgent servicing;
(b) the business and technical transformation of personal data in accordance with customs legislation and Union legislation other than customs legislation, without prejudice to the transformation taking place pursuant to Article 12(1), point (b).
Customs authorities shall each be considered controller for the processing of personal data required to take decisions on customs formalities in accordance with customs legislation.
Partner competent authorities shall each be considered controller for the processing of personal data required to fulfil Union non-customs formalities in accordance with Union legislation other than customs legislation applicable to the specific Union non-customs formality.
Article 14
Specific responsibilities of the Commission, customs authorities and partner competent authorities
The Commission shall be responsible for:
(a) ensuring privacy by design and privacy by default when developing EU CSW-CERTEX in accordance with Article 5(1) of Regulation (EU) 2022/2399;
(b) establishing and keeping up to date the list of all recipients of personal data;
(c) ensuring that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
(d) nominating a contact point for data protection matters;
(e) assisting customs authorities and partner competent authorities in responding to data subject requests, where needed.
Customs authorities shall be responsible for:
(a) ensuring privacy by design and privacy by default in developing the interconnection between their national single window environment for customs and EU CSW-CERTEX, in accordance with Article 5(4) and (5) of Regulation (EU) 2022/2399;
(b) establishing and keeping up to date the list of all recipients of personal data (in the Member States, third countries and international organisations);
(c) ensuring that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
(d) cooperating with the national supervisory authority in the performance of their tasks;
(e) nominating a contact point for data protection matters;
(f) responding to data subject requests when those requests are addressed to them and cooperating with partner competent authorities and the Commission as necessary in accordance with Article 16(5) of this Regulation.
Each partner competent authority shall be responsible for:
(a) establishing and keeping up to date the list of all recipients of personal data (in the Member States, third countries and international organisations);
(b) ensuring that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
(c) nominating a contact point for data protection matters;
(d) responding to data subject requests when those requests are addressed to them and cooperating with customs authorities and the Commission as necessary in accordance with Article 16(5) of this Regulation.
Article 15
Security of processing
The Commission shall, following consultations with customs authorities and partner competent authorities, implement appropriate technical and organisational measures to ensure security of processing in accordance with Article 32 of Regulation (EU) 2016/679 and Article 33 of Regulation (EU) 2018/1725.
Customs authorities and partner competent authorities shall implement appropriate organisational measures to ensure the security of processing.
The technical measures and organisational measures referred to in paragraphs 1 and 2 shall be designed to:
(a) ensure the security, integrity, confidentiality, availability and continuity of the personal data processed, in accordance with the relevant legislation;
(b) protect against any unauthorised or unlawful processing, loss, use, disclosure of, or access to any personal data in their possession;
(c) restrict disclosure of or access to personal data to the intended recipients in accordance with this Regulation, Regulation (EU) No 952/2013 and Union legislation other than customs legislation relevant for the specific Union non-customs formalities.
The joint controllers shall notify each other and provide assistance in case of security incidents, including personal data breaches. Such notification shall take place no later than 48 hours from the moment one of the joint controllers becomes aware of the security incident.
In the case of a personal data breach, the Commission shall notify the European Data Protection Supervisor in accordance with Article 34 of Regulation (EU) 2018/1725.
The joint controllers shall in any case notify each other of the following:
(a) any potential or actual risk to the availability, confidentiality and integrity of the personal data processed in EU CSW-CERTEX;
(b) any security incidents that are linked to the processing operation.
Article 16
Responsibility of the joint controllers towards data subjects
In accordance with Articles 13 and 14 of Regulation (EU) 2016/679 and Articles 15 and 16 of Regulation (EU) 2018/1725, the Commission, partner competent authorities and customs authorities shall ensure that data subjects are duly informed of the processing operations carried out within the framework of this Regulation and shall update the data protection statement of their systems accordingly.
Customs authorities and partner competent authorities shall ensure that any information and communication to data subjects regarding their rights is provided in a transparent manner. The Commission shall ensure that customs authorities and partner competent authorities have the required information to subsequently provide such information and communication to data subjects.
The Commission, customs authorities and partner competent authorities shall facilitate the exercise of the rights of data subjects.
The Commission, customs authorities and partner competent authorities shall handle requests from data subjects and shall cooperate without undue delay to handle those requests and provide each other with swift and efficient assistance.
Where a joint controller receives a data subject request that does not fall under its responsibility in accordance with Article 12, it shall forward that request to the joint controller responsible promptly and at the latest within 3 calendar days from the receipt of the request. The Commission shall assist in identifying the joint controller responsible.
Where a data subject requests access to personal data and that personal data is processed by EU CSW-CERTEX, the joint controller to which the request is addressed shall consult the other joint controllers before dealing with the request.
Where a joint controller decides to restrict the rights of data subjects for processing activities falling outside of the scope of the joint controllership and concerning personal data that may be exchanged pursuant to this Regulation, it shall inform the other joint controllers without undue delay.
In accordance with Article 34 of Regulation (EU) 2016/679 and Article 35 of Regulation (EU) 2018/1725, the controller responsible for a personal data breach shall notify affected data subjects if the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons. The controller responsible shall inform the other controllers of such notification.
Article 17
Access to personal data by the Commission, customs authorities and partner competent authorities
Without prejudice to the specific rules for accessing personal data or determining its recipients in accordance with customs legislation or Union legislation other than customs legislation, access to personal data processed in EU CSW-CERTEX shall only be allowed to authorised staff of the Commission, customs authorities and partner competent authorities for the purposes of managing and operating EU CSW-CERTEX.
Article 18
Engagement of data processors
A joint controller shall notify the other joint controllers before it engages one or more data processors to carry out processing operations on its behalf.
The notification referred to in paragraph 1 shall take place at the latest 5 working days before the conclusion of the processing agreement with a processor.
Article 19
Role of national coordinators in data protection matters
National coordinators as referred to in Article 17 of Regulation (EU) 2022/2399 and the Commission shall ensure that the contact information of the joint controllers along with any other relevant information referred to in this Chapter is kept up to date and shared between the joint controllers.
The Commission shall make available to the joint controllers the information referred to in paragraph 1.
CHAPTER III
WORK PROGRAMME
Article 20
Design of functionalities, technical specifications, and piloting activities
The Commission, customs authorities and partner competent authorities shall collaborate in the technical design of the functionalities of EU CSW-CERTEX.
At the latest 1 year before the dates set out in the Annex to Regulation (EU) 2022/2399, the Commission shall make available to the Member States the technical specifications for the interconnection of national single window environments for customs with EU CSW-CERTEX and the specific Union non-customs systems in accordance with Article 5(4) and (5) of that Regulation.
At the request of the Member States, the Commission may carry out piloting activities that contribute to the functioning and the design of the functionalities of EU CSW-CERTEX in view of its enhancement and readiness to interconnect with new Union non-customs systems and to exchange data required to fulfil new Union non-customs formalities.
Article 21
Prior notification before launching the interconnection
Member States shall notify the Commission at least 1 month in advance of their intention to:
(a) interconnect their national single window environments for customs with EU CSW-CERTEX;
(b) update the interconnection of their national single window environment for customs with EU CSW-CERTEX.
In the cases referred to in paragraph 1, the Commission shall assist the Member States, including by ensuring that the necessary technical and operational activities are performed on EU CSW-CERTEX or the relevant Union non-customs systems.
Upon successful interconnection, the Commission shall authorise a Member State to use EU CSW-CERTEX to exchange information with its national single window environment for customs.
Member States shall ensure that the notification referred to in paragraph 1 takes into account the time required for the national single window environments for customs to successfully interconnect with EU CSW-CERTEX.
By way of derogation from paragraph 3, in duly justified cases, the Commission may authorise a Member State to use EU CSW-CERTEX to exchange information with its national single window environment for customs if the interconnection is functional, but not completed.
CHAPTER IV
FINAL PROVISIONS
Article 22
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 20 (2) shall apply from 3 March 2027.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 2024.
For the Commission The President Ursula VON DER LEYEN
(1) OJ L 317, 9.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2399/oj.
(2) 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 (OJ L 453, 17.12.2021, p. 38, ELI: http://data.europa.eu/eli/reg_impl/2021/2248/oj).
(3) Commission 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, ELI: http://data.europa.eu/eli/reg_del/2015/2446/oj).
(4) Commission 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, ELI: http://data.europa.eu/eli/reg_impl/2015/2447/oj).
(5) Commission Delegated Regulation (EU) 2024/2514 of 3 July 2024 supplementing Regulation (EU) 2022/2399 of the European Parliament and of the Council by specifying the data elements to be exchanged through the European Union Customs Single Window Certificates Exchange System and amending that Regulation as regards the list of Union non-customs formalities covered by the EU Single Window Environment for Customs (OJ L, 2024/2514, 27.9.2024, ELI: http://data.europa.eu/eli/reg_del/2024/2514/oj).
(6) 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, ELI: http://data.europa.eu/eli/reg/2013/952/oj).
(7) Regulation (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, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
(8) Regulation (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, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).