BETA

27 Amendments of Andreas SCHWAB related to 2013/0410(COD)

Proposal for a regulation
Recital 3

(3) The Commission Communication on Customs Risk Management and Supply Chain Security COM(2012) 793 recognises an urgent need to improve the quality and availability of data for use in pre-arrival risk analysis, in particular for the effective identification and mitigation of safety and security risks at national and EU levels, within the Common Risk Management Framework established under Article 13(2) of Council Regulation (EEC) No 2913/92. The integration of data on container movements in pre- arrival risk management will greatly improve supply chain visibility and will significantly enhance the capacity of the EU and the Member States to target higher-risk consignments for controls, while facilitating the flow of legitimate trade.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Recital 6

(6) The detection of fraud, identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross-analysis of relevant operational data sets. It is necessary therefore to establish, at European Union level, a directory containing data on import, export and transit of goods including transit of goods within the Member States and direct export~~. For that purpose, Member States should allow systematic~~ for specific cases where fraud is suspected. For that purpose, Member States should, in relation to such individual cases, allow replication of data on import, export and transit of goods from the systems operated by the Commission and should supply to the Commission data relating to transit of goods within a Member State and direct export.

2014/02/13
Committee: IMCO

Proposal for a regulation
Recital 8

(8) The introduction of the e-Customs in 2011, by which documents supporting imports and exports are no longer kept by the customs administrations but by the economic operators, has led to delays in the conduct of European Anti-fraud Office (OLAF) investigations in the customs area, as OLAF needs the intermediation of these administrations to obtain such documents. Moreover, the 3-year limitation period applicable to customs documents held by the administration, puts additional constraints to the successful conduct of investigations. In order to accelerate the conduct of investigations in the area of customs the Commission should therefore have the right to request documents supporting import and export declarations directly from the economic operators concerned. The economic operators concerned should be informed which type of procedure applies. These economic operators should be obliged to provide the Commission with the requested documents.

2014/02/13
Committee: IMCO

Proposal for a regulation
Recital 13

(13) The provisions governing the storage of data in the CIS frequently result in unjustifiable loss of information; this is because Member States do not systematically carry out the yearly reviews due to the administrative burden involved. It is therefore necessary to simplify the procedure governing the storage of data in the CIS by removing the obligation to review data annually and by setting maximum retention period of ten years, corresponding to periods provided for the directories established on the basis of this Regulation. However, this should not apply to the limitation period. This period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations. Furthermore, to safeguard the rules governing data protection, the European Data Protection Supervisor should be informed about cases where personal data are stored in CIS for a period exceeding five years.

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 c

~~Article 18c~~deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 c – paragraph 1

The public or private service providers active in the international supply chain referred to in Article 18a(1) that store data on the movement and status of containers or have access to such data shall report to the Commission Container Status Messages (‘CSMs’).deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 c – paragraph 2

The required CSMs shall be reported in either of the following situations: (a) containers destined to be brought by vessel into the customs territory of the Union from a third country; (b) containers leaving the customs territory of the Union to a third country by vessel.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 c – paragraph 3

~~3. The required CSMs shall report the events referred to in Article 18f insofar as they are known to the reporting public or private service provider active in the international supply chain.~~deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 c – paragraph 4

~~4. The Commission shall establish and manage a directory of reported CSMs, the ‘CSM directory’.~~deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 d

~~Article 18~~deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 d – paragraph 1

Where a container, including containers which will not be discharged in the Union, is destined to be brought by vessel into the customs territory of the Union from a third country, the public or private service providers that are subject to the obligation in Article 18c(1) shall report CSMs for all events taking place from the moment when the container was reported empty before being brought into the customs territory of the Union until the container is again reported empty.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 d – paragraph 2

In cases where the specific CSMs needed to identify the relevant empty container events are not available in the provider’s electronic records in any given case, the provider shall report CSMs for events taking place at least three months prior to physical arrival at the customs territory of the Union until one month after the entry into the customs territory of the Union or, if occurring first, until arrival at a destination outside the customs territory of the Union.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 e

~~Article 18e~~deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 e – paragraph 1

Where a container is leaving the customs territory of the Union to a third country by vessel, the public or private service providers that are subject to the obligation in Article 18c(1) shall report CSMs for all events taking place from the moment when the container was reported empty in the customs territory of the Union until the container is reported to be empty outside the customs territory of the Union.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 e – paragraph 2

In cases where the specific CSMs needed to identify the relevant empty container events are not available in the provider’s electronic records in any given case, the provider may report CSMs for events taking place during at least three months after exit from the customs territory of the Union.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 f

~~Article 18f~~deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 f – paragraph 1

~~The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 43 laying down the container status events for which CSMs are to be reported in accordance with Article 18c, the minimum data elements to be reported in the CSMs and the frequency of reporting.

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 f – paragraph 2

The Commission shall adopt, by means of implementing acts, provisions regarding the format of the data in the CSMs and the method of transmission of the CSMs. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2).deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 g

~~Article 18g~~deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 g – paragraph 1

The Commission shall establish and manage a directory containing data on import, export and transit of goods, including transit within a Member State, as detailed in Annexes 37 and 38 of Commission Regulation (EEC) No 2454/93, the "Import, export, transit directory". The Member States shall authorise the Commission to systematically replicate data relating to import, export and transit from the sources operated by the Commission on the basis of Regulation (EEC) No 2913/92 establishing the Community Customs Code. The Member States shall supply to the Commission data concerning the transit of goods within a Member State and direct export.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 g – paragraph 2

2. The directory shall be used to assist in preventing, investigating and prosecuting operations which are, or appear to constitute, breaches of customs legislation and for the purpose of risk management including risk-based customs controls as defined in Article 4, points 25 and 26, and Article 13(2) of Regulation (EEC) No 2913/92 establishing the Community Customs Code.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

3. The directory shall be accessible exclusively to the Commission departments and to the national authorities referred to in Article 29. Within the Commission and national authorities, only designated analysts shall be empowered to process personal data contained in this directory. Without prejudice to Regulation (EC) No 45/2001, the Commission may transfer, subject to the agreement of the supplying Member State, selected data obtained in accordance with the procedure specified in paragraph 1 to international organisations and/or EU institutions/agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding. Data shall be transferred under this paragraph only for the general purposes of this Regulation also including the protection of the financial interests of the Union, and/or for the purpose of risk management as set out in Article 4 points 25 and 26 and Article 13(2) of Regulation (EEC) No 2913/92. The arrangement or memorandum of understanding based on which the transfer of data may take place under this paragraph shall include, inter alia, data protection principles such as the possibility for data subjects to exercise their rights of access and correction and to seek administrative and judicial redress, as well as an independent oversight mechanism to ensure compliance with the data protection safeguards.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 g – paragraph 4

4. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Commission in the context of data included in this directory. The Commission shall be considered as data controller within the meaning of Article 2(d) of Regulation (EC) No 45/2001. The import, export, transit directory shall be subject to prior checking by the European Data Protection Supervisor in accordance with Article 27 of Regulation (EC) No 45/2001. Data contained in the import, export, transit directory shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years. If personal data are stored for a period exceeding five years, the European Data Protection Supervisor shall be informed accordingly.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 g – paragraph 5

5. The import, export, transit directory shall not include the special categories of data within the meaning of Article 10(5) of Regulation (EC) No 45/2001. The Commission shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or any other unauthorised form of processing.deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 h

~~Article 18h~~deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 h – paragraph 1

1. The Commission may obtain directly from the economic operators documents supporting import and export declarations, with respect to investigations related to the implementation of customs legislation as defined in Article 2(1).deleted

2014/02/13
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EC) No 515/97
Article 18 h – paragraph 2

~~Within the time limits obliging economic operators to maintain the relevant documentation, economic operators shall provide the Commission upon request with the information mentioned in paragraph 1.~~deleted

2014/02/13
Committee: IMCO