Activities of Maria-Manuel LEITÃO-MARQUES related to 2020/0306(COD)
Shadow reports (1)
REPORT on the proposal 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
Amendments (50)
Amendment 32 #
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The customs union has been a cornerstone of the European Union, which is one of the largest trading blocks in the world. The customs union is fundamental for a successful Union integration, for the proper functioning of the single market, and for the benefit of both businesses and consumers.
Amendment 33 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union's international trade is subject to both customs legislation and Union non-customs legislation. The latter is applicable to specific goods in policy areas such as health and safety, the environment, agriculture, fisheries, cultural heritage, and market surveillance, namely product safety and counterfeit. One of the main tasks assigned to customs authorities in line with Regulation (EU) No 952/2013 of the European Parliament and of the Council30 is to ensure the security and safety of the Union and its residents, and the protection of the environment, where appropriate, in close cooperation with other authorities. Given their extensive mandate, the customs authorities are the leading authorities for the control of goods at the Union's external borders. The authorities responsible for Union non-customs regulatory formalities (‘partner competent authorities’) and customs authorities often work in silos, creating complex and burdensome reporting obligations for traders and inefficient goods clearance processes conducive to error and fraud. The fragmented interoperability between these authorities is a major obstacle to progress on the digital single market and to achieving an integrated, coordinated customs and border management. To address the fragmented interoperability between customs and partner competent authorities in the management of goods clearance processes and to coordinate action in this area, the Commission and the Member States have taken a number of commitments over the years to develop single window initiatives for the clearance of goods. __________________ 30Regulation (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).
Amendment 35 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Single Window concept is defined by the United Nations Economic Commission for Europe (UNECE) as “a facility that allows parties involved in trade and transport to lodge standardised information and documents with a single- entry point to fulfil all import, export, and transit-related regulatory requirements.”
Amendment 37 #
Proposal for a regulation
Recital 2
Recital 2
(2) In accordance with Article 4(6) of Decision No 70/2008/EC of the European Parliament and of the Council31 , the Member States and the Commission are to endeavour to establish and make operational a framework of single window services and ,in accordance with Article 9(1) of that Regulation, ensure appropriate funding for it. As stated in the final report on Evaluation of the electronic customs implementation in the EU of 21 January 201532 , while certain elements of that Decision remain highly relevant, other parts either have been superseded or are not concrete enough to encourage and incentivise further advances, in particular on the single window initiative. Following up on this, the Council Conclusions of 17 December 2014 on Electronic Customs and Single Window Implementation in the European Union33 endorsed the Venice Declaration of 15 October 201434 and invited the Commission to present a proposal for the revision of Decision No 70/2008/EC. __________________ 31Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade (OJ L 23, 26.01.2008, p. 21). 32Final report prepared by Coffey International Development, Europe Economic Research Ltd and Ramboll Management Consulting on request of the Commission. 33 ST16507/14. 34 Annex to the Council Conclusions of 17 December 2014.
Amendment 40 #
Proposal for a regulation
Recital 5
Recital 5
(5) The EU eGovernment action plan 2016-2020 set out in Commission Communication of 19 April 201636 seeks to increase the efficiency of public services by removing existing digital barriers, reducing the administrative burden and improving the quality of interactions between national administrations. In line with this vision and the wider efforts to simplify and digitalise reporting processes for the international trade in goods, the Commission developed a voluntary pilot project called European Union Customs Single Window Certificates Exchange. This project allows customs authorities to automatically verify compliance with a limited number of non-customs formalities, enabling information to be exchanged between the customs systems of participating Member States and the respective Union non-customs systems managing non-customs formalities. While the project has improved clearance procedures, its voluntary nature clearly limits its potential to generate substantial benefits for customs authorities, partner competent authorities and economic operatorsparticular, that plan encompasses principles such as a digital-by-default service standard, reporting only once, cross-border by default activities to facilitate mobility within the digital single market, interoperability by default to work seamlessly across the single market, and trustworthiness of personal data and IT security. __________________ 36Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU eGovernment Action Plan 2016-2020 - Accelerating the digital transformation of government, COM(2016) 179 final of 19 April 2016.
Amendment 41 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In line with the vision set out in the EU eGovernment action plan 2016- 2020 and the wider efforts to simplify and digitalise reporting processes for the international trade in goods, the Commission developed a voluntary pilot project called European Union Customs Single Window Certificates Exchange. That project allows customs authorities to automatically verify compliance with a limited number of non-customs formalities, enabling information to be exchanged between the customs systems of participating Member States and the respective Union non-customs systems managing non-customs formalities. While the project has improved clearance procedures, its voluntary nature clearly limits its potential to generate substantial benefits for customs authorities, partner competent authorities and economic operators, namely by lacking a comprehensive view of all imports and exports in the EU and by having limited impact in reducing administrative burdens for economic operators.
Amendment 42 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The European Maritime Single Window environment established by Regulation (EU) 2019/1239, which is currently being implemented, also enables businesses to submit customs declarations. In the case where businesses would be able to fulfil customs formalities through both the Maritime and the Customs Single Window environments, the Commission services should collaborate closely with each other to align the impact of the European Maritime Single Window environment on customs systems and improve interoperability between the maritime and customs domains.
Amendment 43 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) The EU Single Window Environment for Customs should be aligned and interoperable as much as possible with other existing or future customs-related systems, such as centralized clearance under Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code.
Amendment 47 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 52 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The full digitalisation of customs and non-customs formalities and the information sharing at the Union level should enable Member States and the Commission to make full use of state of the art data analytics and artificial intelligence tools to enhance detection of fraud and non-conformity, namely when it comes to product safety and counterfeit products, and to improve the targeting of manual and on-the-ground inspections towards instances that represent increased systemic risk for the Union and greater probability of fault.
Amendment 53 #
Proposal for a regulation
Recital 9
Recital 9
(9) The Commission, in collaboration with the Member States, should develop, integrate, deploy and maintain EU CSW- CERTEX. To deliver appropriate and harmonised single window services at Union level for Union non-customs formalities, the Commission should connect the respective Union non-customs systems with EU CSW-CERTEX. Member States should be responsible for connecting their national single window environments for customs with EU CSW-CERTEX, with assistance from the Commission.
Amendment 54 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The Commission should also develop EU-CSW-CERTEX in such a way that it is interoperable with customs and non-customs systems from countries outside the EU in order to facilitate goods clearance and a more efficient international trade. The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, should also be taken into consideration when developing the interoperability mechanisms of EU-CSW- CERTEX.
Amendment 55 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The Commission may develop a template for a national single window environment able to connect to the EU CSW-CERTEX that Member States may choose to adopt and adapt.
Amendment 57 #
Proposal for a regulation
Recital 10
Recital 10
(10) Any processing of personal data and non-personal data in EU CSW- CERTEX must comply with Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”) and the principles laid down in Regulation (EU) 2018/1807 of the European Parliament and of the Council (the “Regulation on the free flow of non- personal data”). Moreover, any processing of personal and non-personal data in EU CSW-CERTEX should facilitate information sharing between the national environments for customs and Union non- customs systems without any storing of data. It should also transform data, where necessary, to enable information exchange between both digital domains. The information technology facilities used for data transformation should be located in the Union.
Amendment 63 #
Proposal for a regulation
Recital 13
Recital 13
(13) The increased digitalisation of customs and Union non-customs regulatory formalities applicable to international trade has opened up new opportunities for Member States to improve the digital cooperation between customs and partner competent authorities. In pursuit of those priorities, several Member States have started to develop frameworks for national single window environments for customs. Those initiatives differ substantially depending on the level of existing customs information technology architecture, priorities and cost structures. It is therefore necessary to require Member States to establish and operate national single window environments for customs for Union non-customs formalities covered by EU CSW-CERTEX. Those environments should constitute the national components of the EU Single Window Environment for Customs, enabling electronic information sharing and collaboration between customs, partner competent authorities and economic operators to ensure compliance with and efficient enforcement of customs legislation and Union non-customs formalities covered by EU CSW-CERTEX. In line with this objective, the national single window environments for customs should have equivalent characteristics and enable the automated verification by customs authorities of formalities in respect of which data is transmitted from the respective Union non-customs system through EU CSW-CERTEX. The national single window environments for customs should also allow partner competent authorities to monitor and control the quantities of authorised goods (‘quantity management’) that have been released by customs through the Union. This should be ensured by providing the necessary clearance information to the Union non- customs systems through EU CSW- CERTEX. In practical terms, quantity management at Union level is necessary to enable a better enforcement of non- customs regulatory formalities by automatically and consistently monitoring the consumption of authorised quantities for the release of goods, avoiding their overuse or mishandling and combating fraud. The alignment of national single window environments and the mandatory connection to EU CSW-CERTEX is a necessary condition for quantity management at Union level.
Amendment 67 #
Proposal for a regulation
Recital 14
Recital 14
(14) To further simplify goods clearance processes for economic operators, the national single window environments for customs should become a single channel to communicate with customs and partner competent authorities. The Union non- customs formalities subject to this additional facilitation measure are a subset of the overarching formalities covered by EU CSW-CERTEX. The Commission should identify those formalities progressively by assessing the fulfilment of a set of criteria relevant to trade facilitation, taking into account their legal and technical feasibility. In order to further enhance trade facilitation and improve the efficiency of controls, it should be possible to use the national single window environments for customs as a platform for coordinating controls between customs authorities and partner competent authorities in line with Article 47(1) of Regulation (EU) No 952/2013.
Amendment 69 #
Proposal for a regulation
Recital 16
Recital 16
(16) A fully coordinated goods clearance process requires procedures that support digital cooperation and information sharing between customs authorities, partner competent authorities and economic operators to fulfil and enforce Union non-customs formalities covered by EU CSW-CERTEX. Interoperability means the capability to run these processes seamlessly across customs and non- customs systems and domains without losing the context or meaning of the data exchanged. To enable a fully automated verification of Union non-customs formalities, EU CSW-CERTEX should ensure technical interoperability as well as consistent meaning. It is important to align customs and non-customs terminology to ensure that the exchanged data and information is preserved and understood throughout the exchanges between Union non-customs systems and national single window environments for customs. In addition, to ensure a harmonised enforcement of Union non-customs formalities across the Union, EU CSW- CERTEX should identify the customs procedures for which the supporting documents can be used based on the administrative decisions indicated by the partner competent authority in the supporting documents. From a technical perspective, EU CSW-CERTEX should make customs and non-customs data compatible by converting their format or structure where necessary, without changing their content. EU CSW-CERTEX and the national single window environments should be aligned with the recommendations for interoperability in public services set out in the European Interoperability Framework – Implementation Strategy
Amendment 70 #
Proposal for a regulation
Recital 17
Recital 17
(17) In view of the Union non-customs formalities covered, EU CSW-CERTEX should serve several purposes. It should make available the relevant data to customs authorities to better enforce Union non- customs regulatory policies through the automated verification of those formalities. It should provide the relevant data to partner competent authorities to monitor and determine the remaining quantity of authorised goods not written off by customs in the clearance of other consignments. It should also support the implementation of the ‘one-stop shop’ principle for the performance of controls referred to in Article 47(1) of Regulation (EU) No 952/2013, by facilitating the integration of customs and Union non- customs procedures for a fully automated and intelligence-assisted goods clearance process. Some legal acts of the Union may require data transfers between national customs systems and the information and communication system established in the relevant act. EU CSW- CERTEX should therefore enable automated data sharing between customs authorities and partner competent authorities where required by those acts.
Amendment 72 #
Proposal for a regulation
Recital 20
Recital 20
(20) To allow economic operators to fulfil customs and non-customs formalities affecting the same goods movements, the national single window environments for customs should enable them to submit all data required by multiple regulatory authorities for placing the goods under customs procedures through an integrated declaration. It should be possible to submit such data together with the customs declaration lodged prior to the expected presentation of the goods to customs, in accordance with Article 171 of Regulation (EU) No 952/2013. Such submissions should enable the fulfilment of the once- only principle
Amendment 76 #
Proposal for a regulation
Recital 25
Recital 25
(25) Detailed planning is required to progressively integrate various Union non- customs formalities from diverse policy areas into EU CSW-CERTEX. To that end, the Commission should prepare a work programme to incorporate those formalities into EU CSW-CERTEX and to develop connections between the Union non- customs systems processing those formalities and EU CSW-CERTEX. The main objective of the work programme should be to support the operational requirements and implementation timeline of these activities. The work programme should be reviewed and updated regularly to assess and improve overall progress in applying the provisions of this Regulation.
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a European Union Single Window Environment for Customs that provides an integrated set of interoperable electronic services at Union and national level through the European Union Customs Single Window Certificates Exchange System to support interaction and information exchange between the national single window environments for customs and the Union non-customs systems referred to in thePart A and Part B of Annex I.
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down rules for the national single window environments for customs and rules on digital administrative cooperation, digitalization, interoperability with non- customs systems referred to in Annex I, and information sharing within the European Union Single Window Environment for Customs.
Amendment 89 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘transformation’ means the process of converting the format of non- customs data into customs declaration compatible data and vice versa without changing their content.
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
A European Union Single Window Environment for Customs is hereby established. It shall include the European Union Customs Single Window Certificates Exchange System, national single window environments for customs and at least the Union non-customs systems referred to in the Annex.
Amendment 92 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
A European Union Single Window Environment for Customs is hereby established. It shall include the European Union Customs Single Window Certificates Exchange System, national single window environments for customs and the Union non-customs systems referred to in thePart A of Annex I.
Amendment 93 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The Commission shall adopt delegated acts in accordance with Article 21 amending the lists of Union non-customs systems laid down in Parts A, B and C of Annex I. When adopting those delegated acts, the Commission shall ensure that any system that fulfils the applicable rules laid down in Articles 10 to 15 is added to the list of Part A of Annex I.
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The European Single Window Environment for Customs shall be designed with a high level of cybersecurity and shall include fail-safe instruments.
Amendment 96 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Processing of personal and non-personal data in EU CSW- CERTEX
Amendment 98 #
Proposal for a regulation
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. Processing of personal and non- personal data in EU CSW-CERTEX shall comply with the GDPR and the principles laid down in the Regulation on the free flow of non-personal data.
Amendment 102 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. EU CSW-CERTEX shall maintain a log of all accesses to personal data.
Amendment 104 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Member States shall establish national single window environments for customs on the basis of technical specifications provided by the Commission in order to make them equivalent. Each Member State shall be responsible for the development, integration, interoperability with EU CSW-CERTEX and with non-customs systems listed in Annex I, and operation of its single window environment for customs.
Amendment 107 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The national single window environments for customs shall enable the exchange of information andin a standardised way and the cooperation by electronic means between customs authorities, partner competent authorities, and economic operators and the maritime national single windows established by Regulation (EU) 2019/1239, whenever applicable, for the purposes of compliance with and efficient enforcement of customs legislation and the Union non- customs formalities listed in the Annex.
Amendment 112 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) support the use of data analytics and artificial intelligence tools to assist the work of customs and partner competent authorities in selecting instances for manual and on-the-ground inspections with a view of using resources more efficiently and increasing safety in the internal market.
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Commission shall provide trainings and support the teams involved in creating, designing and maintaining the national single window environments for customs, as well as assistance in the connection of the national single window environments for customs to the EU CSW-CERTEX.
Amendment 116 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Working Group for National Single Window Environment for Customs 1. The Working Group for National Single Window Environment for Customs shall serve as a forum to discuss, at a technical level, the progresses in the implementation of National Single Window Environments for Customs and suggest additional customs and non- customs formalities to be added to the Single Window Environment and EU CSW-CERTEX. 2. The National Single Window Environment for Customs Working Group shall consist of representatives of the Commission and the Member States. 3. Each Member State shall designate a person to represent it and its national single window environment for customs at this working group. This person shall have an understanding of the technical details of the Single Window Environment. 4. This Working Group shall provide input and support to the creation, design and implementation of any of the National Single Window Environments for Customs at the request of the Member State concerned. 5. The Working Group shall meet, at least, every six months, and the meetings shall be led and called for by the Commission representatives, who will keep written summary of the conclusions of each meeting as well as an updated register of every Member State’s National Single Window and of the Union Single Window progresses.
Amendment 119 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. For each of the Union non-customs formalities listed in the Annex, EU CSW- CERTEX shall enable information to be exchanged in a standardised way between the national single window environments for customs and the relevant Union non- customs systems for the following purposes:
Amendment 121 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) promoting the re-use of date while aligning customs and non-customs terminology where possible, and identifying the customs procedures for which the supporting documents can be used based on the administrative decisions of the partner competent authority indicated in the supporting documents;
Amendment 123 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) allowing economic operators to submit in a standardised way the relevant information required for the fulfilment of the applicable customs formalities and Union non-customs formalities;
Amendment 125 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The European Single Window Environment for Customs shall allow authorised economic operators, as defined in the Union Customs Code, to use their certified status when interacting with it, thus enabling easier filling of declarations and information to customs authorities
Amendment 129 #
Proposal for a regulation
Chapter V – title
Chapter V – title
Costs of EU CSW-CERTEX, work programme, and monitoring, reviewing and reporting
Amendment 132 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission shall, by means of implementing acts, adopt a work programme to support the implementation of the provisions of this Regulation related to the connection of the Union non- customs systems referred to in the Annex to EU CSW-CERTEX and the integration of the respective Union non-customs formalities. The work programme shall be reviewed and kept up to date regularly to assess and improve overall progress in applying the provisions of this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).
Amendment 135 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Monitoring, reviewing and reporting
Amendment 136 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall regularly monitor the functioning of the European Union Single Window Environment for Customs. The Commission shall regularly review the status of the systems listed in Parts B and C of Annex I with a view to assessing their progress towards compliance with the rules laid down in Articles 10 to 15. If the Commission concludes that a system listed in Parts B or C of Annex I complies with the applicable rules laid down in Articles 10 to 15, it shall adopt a delegated act as mentioned in Article 3(1a) integrating the system into Part A of Annex I.
Amendment 137 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall regularly monitor the functioning of the European Union Single Window Environment for Customs, namely, its impact on SMEs and the environment. The Commission shall also provide timely guidance related to adequate updates and other modifications, as well as appropriate training needed for a better interface to be put in place with EU CSW-CERTEX.
Amendment 138 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Commission shall regularly evaluate the performance of EU CSW- CERTEX and keep it updated, performing the necessary modifications for it to accommodate not only new technological developments, but also other non-customs systems that can be interfaced with it.
Amendment 143 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Article 8(3), point (c), Article 11, Article 13(1), (2) and (3), Article 14 and Article 15(1) and (2) shall apply from 1 January 203128.
Amendment 144 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
ANNEX I: Part A Union non-customs formalities covered by EU CSW-CERTEX
Amendment 145 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
ANNEX I: Part B Systems that may be used on a voluntary basis by Member States and should be connected by 2023 1. Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items 2. Certificate for International trade of endangered species of wild fauna and flora (CITES) 3. Information and communication system for market surveillance (ICSMS) and Rapid Information Exchange System (RAPEX) 4. Kimberley Process certification scheme for the international trade in rough diamonds 5. Import licence for Forest Law Enforcement, Governance and Trade. 6. Shipments of waste 7. Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) 8. Prior Informed Consent (PIC)concerning the export and import of hazardous chemicals 9. Illegal, Unreported and Unregulated fishing regulation, Catch certificate (EU IUU Catch)
Amendment 146 #
Proposal for a regulation
Annex I b (new)
Annex I b (new)
Amendment 147 #
Proposal for a regulation
Annex 1 - row 9 a and 9 b (new)
Annex 1 - row 9 a and 9 b (new)
Import FLEGT TRACES Articles 3, 4 and 5 of Council 1 March 2023 licence for Regulation (EC) No 2173/2005 Forest Law of 20 December 2005 on the Enforcement, establishment of a FLEGT Governance licensing scheme for imports of and Trade timber into the European Community. Articles 3, 14 and 15 of Commission Regulation (EC) No 1024/2008 of 17 October 2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community Information ICSMS Article 34 of Regulation (EU) 1 March 2023 on 2019/1020 of the European compliance Parliament and of the Council of products on market surveillance and compliance of products