Single Window-forordningen om rapporteringsrutiner for fartøy som ankommer til eller avgår fra europeiske havner: utfyllende bestemmelser om datasettet

Tittel

(Utkast) Delegert kommisjonsforordning (EU) .../... av 7. november 2022 om utfylling av forordning (EU) 2019/1239 med hensyn til opprettelsen av datasettet til det europeiske miljø for rapportering fra skip og endring dens vedlegg

(Draft) Commission Delegated Regulation (EU) .../... of 7 November 2022 supplementing Regulation (EU) 2019/1239 as regards the establishment of the European Maritime Single Window environment data set and amending its Annex

Siste nytt

Utkast til delegert kommisjonsforordning sendt til Europaparlamentet og Rådet for klarering 7.11.2022

Nærmere omtale

BAKGRUNN (fra kommisjonsforordningen)

(1) After the adoption of Regulation (EU) 2019/1239, Directive 2000/59/EC was repealed and replaced by Directive (EU) 2019/883. The reference to Directive 2000/59/EC in the Annex to Regulation (EU) 2019/1239 should therefore be replaced by the reference to Directive (EU) 2019/883. Moreover, as Article 7(3) of Directive (EU) 2019/883 provides for the obligation to report the information contained in the waste delivery receipt, it should therefore also be mentioned in the Annex to Regulation (EU) 2019/1239.

(2) The provisions establishing reporting obligations relevant for the European Maritime Single Window environment are set out in Article 19 of Regulation (EU) 2016/399 (Schengen Borders Code). It is therefore necessary to amend the Annex to Regulation (EU) 2019/1239 by replacing the reference to Article 8 of the Schengen Borders Code with Article 19.

(3) Article 7(1), point (b) of Directive 2001/96/EC is relevant for the application of Regulation (EU) 2019/1239, while the other provisions of Article 7 of Directive 2001/96/EC do not impose reporting obligations. It is therefore necessary to amend the reference to Directive 2001/96/EC so that it only refers to Article 7(1), point (b) of that Directive.

(4) The Annex to Regulation (EU) 2019/1239 should therefore be amended accordingly.

(5) The EMSWe data set should include the data elements required by the EU and international legislation listed in the Annex to Regulation (EU) 2019/1239, as well as by national legislation which have to be provided in connection with a port call. In the preparatory work for establishing of the EMSWe data set, in line with Article 3(2) of Regulation (EU) 2019/1239, Member States have notified to the Commission the data elements in their national legislation and requirements.

(6) Each data element of the EMSWe data set should be identified by a name with a description, while it should have precise technical characteristics indicating the character type and length. To avoid the proliferation of data requirements and simplify maritime reporting, the Commission, in consultation with the Member States, has harmonised the names, definitions and formats of these data elements.

(7) To ensure that the common data requirements, formats and codes are respected and applied in the reporting done through the maritime national single windows, it is necessary to establish the application of harmonised code lists and business rules in the EMSWe data set where applicable.

(8) To facilitate electronic reporting through the maritime national single windows, the EMSWe data set should indicate when the data elements are applicable to EU and international legislation listed in the Annex to Regulation (EU) 2019/1239 and which are applicable to national legislation.

(9) To facilitate reporting for ships, and considering the international dimension of shipping, the EMSWe data set should refer to the ‘IMO compendium on facilitation and electronic business’ set out in the Circular FAL.5/Circ.44 issued by the International Maritime Organization. The reference should indicate the mapping between the data elements in the EMSWe data set and the corresponding data elements in the FAL Compendium.

(10) The Annex to Regulation (EU) 2019/1239 contains several references to customs reporting obligations. Most of these obligations have to be fulfilled by applying the data requirements set out in Annex B to Commission Delegated Regulation (EU) 2015/2446 and the formats and codes set out in Commission Implementing Regulation (EU) 2015/2447. To guarantee that the data submitted by declarants through the maritime national single windows to fulfil these obligations can be easily processed by customs IT systems, a mapping should be included between the customs data requirements and the corresponding data elements of the EMSWe data set.

(11) Regulation (EU) 2019/1239 should therefore be supplemented to establish the EMSWe data set.

(12) The establishment of the EMSWe data set is closely linked to the reporting obligations listed in the Annex to Regulation (EU) 2019/1239. Therefore, it is appropriate to amend the Annex to Regulation (EU) 2019/1239 and establish the EMSWe data set under the same regulation to ensure legal coherence.

(13) The Commission has carried out appropriate consultations, including at expert level and with stakeholders.

(14) Since Regulation (EU) 2019/1239 applies from 15 August 2025, this Regulation should apply from the same date,

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Dokument (forberedende)
Kommisjonens framlegg
Dato
07.11.2022
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07.11.2022

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