(fra kommisjonsforordningen)

(1) Regulation (EU) 2022/2399 establishes the European Union Single Window Environment for Customs (‘the 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 that Regulation, national single window environments for customs, and the European Union Customs Single Window Certificates Exchange System (EU CSW-CERTEX).

(2) When an economic operator submits a customs declaration or re-export declaration, which requires the fulfilment of Union non-customs formalities, it should be possible for customs authorities and partner competent authorities to automatically exchange and verify the required information for the customs clearance process in accordance with Article 10(1) of Regulation (EU) 2022/2399. It is therefore appropriate to specify the data elements to be exchanged between the national single window environments for customs and the relevant Union non-customs systems through EU CSW-CERTEX. For each of the Union non-customs formalities specified in Parts A and B of the Annex to Regulation (EU) 2022/2399, it is appropriate to identify the corresponding provisions of Union legislation other than customs legislation setting out the respective data elements for those formalities.

(3) For customs procedures and re-export which require the fulfilment of Union non-customs formalities, EU CSW-CERTEX should exchange all the data elements established in Annex B to Commission Delegated Regulation (EU) 2015/2446 (2) and Annex B to Commission Implementing Regulation (EU) 2015/2447 (3).

(4) Part 1 of Annex II to Commission Implementing Regulation (EU) 2019/1715 (4) establishes the data elements for the common health entry documents (CHEDs).

(5) The Annexes to Commission Delegated Regulation (EU) 2021/2306 (5) and Commission Implementing Regulation (EU) 2021/2307 (6) establish the data elements for the certificate of inspection (COI).

(6) Articles 16 and 17 of and Annex VII to Regulation (EU) 2024/590 of the European Parliament and of the Council (7) establish the data elements for the licences used for the import or export of ozone-depleting substances (ODS).

(7) Articles 3 and 4 of Commission Implementing Regulation (EU) 2019/661 (8) and Article 23 of Regulation (EU) 2024/573 of the European Parliament and of the Council (9) establish the data elements for registration and management of quotas/authorisations in the F-gas Portal.

(8) Annex I to Commission Implementing Regulation (EU) 2021/1079 (10) establishes the data elements for the import licence for cultural goods (ICG-L), importer statement for cultural goods (ICG-S) and general description for cultural goods (ICG-D).

(9) Article 5 of Regulation (EU) 2023/956 of the European Parliament and of the Council (11) specifies the data elements for carbon border adjustment mechanism (CBAM) authorisations.

(10) The Annex to Commission Regulation (EC) No 1024/2008 (12) establishes the data elements for Forest Law Enforcement Governance and Trade (FLEGT) licences.

(11) Annexes II and III to Regulation (EU) 2021/821 of the European Parliament and of the Council (13) establish the data elements for the export of dual-use items.

(12) Annexes I to V to Commission Implementing Regulation (EU) No 792/2012 (14) establish the data elements for certificates related to the international trade in endangered species of wild fauna and flora (CITES).

(13) Article 2 of Commission Implementing Regulation (EU) 2021/2248 (15) establishes the data elements for the information exchanged between national customs systems and the information and communication system for market surveillance (ICSMS).

(14) Article 4 of Commission Delegated Regulation (EU) 2024/2104 (16) establishes the data elements for the notification of arrival (NOA).

(15) As new sectoral legislation establishing Union non-customs formalities provides for the use of the EU Single Window Environment for Customs, it is necessary to add new entries to the existing tables in Parts A and B of the Annex to Regulation (EU) 2022/2399.

(16) Regulation (EU) 2022/2399 should therefore be amended accordingly.

(17) The empowerments in Article 5(6) and 5(7) of Regulation (EU) 2022/2399 to amend Parts A and B of the Annex to that Regulation are closely linked to the empowerment in Article 10(3) of Regulation (EU) 2022/2399 to supplement that Regulation by specifying all data elements relevant for the Union non-customs formalities listed in those Parts. Therefore, it is appropriate, for reasons of administrative simplification, to combine all empowerments in a single legislative act.

(18) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (17) and delivered an opinion on 31 May 2024,