25 Amendments of Jordi CAÑAS related to 2020/0306(COD)
Amendment 38 #
Proposal for a regulation
Recital 4
Recital 4
(4) Trade facilitation, and safety and security, concern all authorities involved in the goods clearance process across Union borders. The rapid rise in international trade has increased the need for better cooperation and coordination among those authorities. The ongoing process of digitalisation allows this situation to be addressed more efficiently by connecting the systems of customs and partner competent authorities and enabling a n integrated, accessible and systematic automated exchange of information between them, with the objective of strengthening verification of certificates and establishing regular cooperation on customs procedures. As such, the current framework of regulatory compliance is insufficient to support an effective interaction between customs and partner competent authorities, whose systems and procedures are characterised by fragmentation and redundancy. A fully coordinated and efficient goods clearance process requires a streamlined Union regulatory environment for international trade that delivers long-term benefits to the Union and its residents in all policy areas, supports the effectiveness and well- functioning of the single market and safeguards consumer protection.
Amendment 45 #
Proposal for a regulation
Recital 6
Recital 6
(6) To achieve a fully digital environment and an efficient goods clearance process for all parties involved in international trade, it is necessary to establish common rules for a harmonised and integrated European Union Single Window Environment for Customs (EU Single Window Environment for Customs). This environment should include a set of fully integrated electronic services delivered at Union and national level to facilitate information sharing and digital cooperation between customs and partner competent authorities and to streamline goods clearance processes for economic operators. The EU Single Window Environment for Customs should be developed in alignment with the possibilities for trustworthy identification and authentication offered by the eIDAS Regulation37 and the once-only principle where appropriate, as reiterated in the Single Digital Gateway Regulation38 . To implement the EU Single Window Environment for Customs, it is necessary to establish, on the basis of the pilot project, a certificates exchange system, the EU Customs Single Window Certificates Exchange System (EU CSW-CERTEX), that interconnects national single window environments for customs and Union non- customs systems managing specific non- customs formalities. It is also necessary to harmonise national single window environments for customs, integrate those environments into the EU Single Window Environment for Customs, and establish a set of rules on digital administrative cooperation within the EU Single Window Environment for Customs. This Regulation should ensure the harmonisation of interfaces between trade systems and the different national single windows, as well as between the national single windows themselves, to provide for technological neutrality that facilitates digital cooperation. __________________ 37Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 38 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
Amendment 46 #
Proposal for a regulation
Recital 6
Recital 6
(6) To achieve a fully digital environment and an efficient goods clearance process for all parties involved in international trade, it is necessary to establish common rules for a harmonised and integrated European Union Single Window Environment for Customs (EU Single Window Environment for Customs). This environment should include a set of fully integrated electronic services delivered at Union and national level to facilitate effective information sharing and digital cooperation between customs and partner competent authorities and to streamline goods clearance processes for economic operators. The EU Single Window Environment for Customs should be developed in alignment with the possibilities for trustworthy identification and authentication offered by the eIDAS Regulation37 and the once-only principle where appropriate, as reiterated in the Single Digital Gateway Regulation38 . To implement the EU Single Window Environment for Customs, it is necessary to establish, on the basis of the pilot project, a certificates exchange system, the EU Customs Single Window Certificates Exchange System (EU CSW-CERTEX), that interconnects national single window environments for customs and Union non- customs systems managing specific non- customs formalities. It is also necessary to harmonise national single window environments for customs, integrate those environments into the EU Single Window Environment for Customs, and establish a set of rules on digital administrative cooperation within the EU Single Window Environment for Customs. __________________ 37 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 38 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
Amendment 50 #
Proposal for a regulation
Recital 7
Recital 7
(7) The exchanges of digital information through EU CSW-CERTEX should cover Union non-customs formalities laid down in Union legislation that customs authorities are entrusted to enforce. Those formalities impose different obligations for the import, export or transit of certain goods, and their verification through customs controls is fundamentally important to the effective functioning of the EU Single Window Environment for Customs. EU CSW-CERTEX should cover digitalised regulatory formalities laid down in Union legislation and managed by partner competent authorities in electronic Union non-customs systems, storing the relevant information from all Member States required for goods clearance. It is therefore appropriate to identify the relevant Union non-customs formalities which should be subject to digital cooperation through EU CSW-CERTEX. In particular, EU CSW- CERTEX should initially cover sanitary and phytosanitary requirements, rules regulating the import of organic products, environmental requirements in relation to fluorinated greenhouse gases and ozone depleting substances, and formalities related to the import of cultural goods.
Amendment 51 #
Proposal for a regulation
Recital 8
Recital 8
(8) EU CSW-CERTEX should facilitate information sharing between the national single window environments for customs and Union non-customs systems. This means that when an economic operator submits a customs declaration requiring the compliance of Union non- customs formalities, customs authorities and partner competent authorities may automatically and effectively exchange and verify the required information for the customs clearance process. An improved digital cooperation and coordination between customs authorities and partner competent authorities should lead to more integrated, faster and simpler paperless processes for goods clearance and better enforcement of and compliance with Union non-customs formalities. The configuration, implementation and compliance with the framework for an EU Single Window Environment for Customs should also lead to a strengthened control and safeguard mechanisms against fraudulent activities, particularly tax fraud and counterfeit goods.
Amendment 58 #
Proposal for a regulation
Recital 10
Recital 10
(10) Any processing of personal and non-personal data in EU CSW-CERTEX should be without prejudice to the GDPR and other relevant legislation and facilitate information sharing in a safe environment 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 73 #
Proposal for a regulation
Recital 23
Recital 23
(23) Close cooperation between the Commission and the Member States is essential to coordinate all activities associated with the effective functioning of the EU Single Window Environment for Customs. This will also help to bridge Europe’s digital divide, which has become even more apparent during the crisis of the COVID-19 pandemic. Therefore, the Commission should provide appropriate technical and financial support, including training and skills, to Members States and relevant authorities to ensure proper implementation of the Single Windows for Customs, with cautious attention to Member States’ diverging levels of digitalisation and digital preparedness, thereby preventing potential distortions. Given the broad and diverse scope of those activities, it is necessary for each Member State to appoint a competent authority as national coordinator. The national coordinator should be the contact point for the Commission, and should promote cooperation at national level, while ensuring system interoperability. The Commission should provide coordination where necessary, and help ensure the efficient enforcement of Union non- customs formalities.
Amendment 77 #
Proposal for a regulation
Recital 25
Recital 25
(25) Detailed planning isand timelines are 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 regularly to assess overall progress in applying the provisions of this Regulation.
Amendment 79 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should regularly monitor the functioning of the EU Single Window Environment for Customs to evaluate the performance of EU CSW- CERTEX and to ensure the efficient enforcement of Union non-customs formalities covered by EU CSW-CERTEX. The Commission should submit regular assessment reports on the functioning of the EU Single Window Environment for Customs to the European Parliament and to the Council. Those reports should take stock of progress, identify areas for improvement and in need for investment, indicate measures to be taken by Member States' authorities, and propose recommendations for the future in light of progress made towards an improved digital collaboration between customs and partner competent authorities involved in goods clearance to ensure simplified processes for economic operators and the efficient enforcement of Union non-customs formalities. For the purpose of monitoring and reporting, the Commission should organise and maintain a continuous dialogue with all the relevant economic operators, civil society actors and other relevant parties.
Amendment 82 #
Proposal for a regulation
Recital 27
Recital 27
(27) To ensure an efficient and effective functioning of the EU Single Window Environment for Customs, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amendments toto expand the list of Union non- customs formalities covered by EU CSW- CERTEX; specification of the data elements to be exchanged through EU CSW-CERTEX and identifying the data elements that are common to both the customs declaration and the application for supporting documents together with the PCA data set for each of the relevant Union act applicable to Union non-customs formalities integrated into EU CSW- CERTEX. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making41 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 41Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 83 #
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 harmonised and interoperable electronic services at Union and national level through the European Union Customs Single Window Certificates Exchange System to support interaction and enhance information exchange between the national single window environments for customs and the Union non-customs systems referred to in the Annex.
Amendment 85 #
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 non-customs formalities and rules on digital administrative cooperation and information sharing within the European Union Single Window Environment for Customs with the aim of better protecting citizens and reducing administrative burden on economic operators.
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘Union non-customs system’ means any Union electronic system that stores information from all relevant partner competent authorities, which is needed by customs authorities to verify compliance with the respective Union non-customs formalities or which is in any case related to border formalities under Union law.
Amendment 90 #
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 the Annex as well as the Union non-customs systems which will be connected to the EU Single Window Environment.
Amendment 95 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 21 amending the Annex, in particular to cover otherexpand the list of Union non- customs formalities covered by EU CSW- CERTEX.
Amendment 97 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Processing of personal data and non- personal in EU CSW- CERTEX
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Processing of personal and non-personal data in EU CSW-CERTEX shall be without prejudice to the GDPR and other relevant legislation. The Commission, in collaboration with Member States, shall develop appropriate measures to ensure a safe and secure environment for data exchanges.
Amendment 108 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The national single window environments for customs shall enable the easy, standardised and interoperable exchange of information and cooperation by electronic means between customs authorities, partner competent authorities and economic operators for the purposes of compliance with and efficient enforcement of customs legislation and the Union non- customs formalities listed in the Annex.
Amendment 111 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) provide a single communication channel for economic operators to easily fulfil the relevant customs formalities and Union non-customs formalities subject to additional digital cooperation in accordance with Article 12.
Amendment 115 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Each Member State shall notify the Commission of any personal data breach or economic operator's data breach that compromises the security, confidentiality, availability or integrity of the personal data processed within its single window environment for customs.
Amendment 120 #
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 effectively exchanged between the national single window environments for customs and the relevant Union non-customs systems for the following purposes:
Amendment 124 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) allowing economic operators to easily submit the relevant information required for the fulfilment of the applicable customs formalities and Union non- customs formalities;
Amendment 133 #
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 kept regularly up to date. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).
Amendment 140 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. By 31 December 20276 and every three years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the implementation across Member States of this Regulation. The report shall also include information on the monitoring and evaluation carried out in accordance with paragraphs 1 and 2, respectively.
Amendment 141 #
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 203129.