Commission Implementing Regulation (EU) 2023/2712

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011^note, and in particular Article 34(8) thereof,Whereas:

(1)Article 34(6) of Regulation (EU) 2019/1020 requires customs authorities, where relevant for the enforcement of Union harmonisation legislation and for the purpose of minimising risk, to extract from national customs systems information on products placed under the customs procedure ‘release for free circulation’ related to the enforcement of the Union harmonisation legislation, and to transmit it to the information and communication system referred to in Article 34(1) of that Regulation, known as the Information and Communication System for Market Surveillance (‘ICSMS’).

(2)Information on products released for free circulation is already collected by customs authorities under Regulation (EU) No 952/2013 of the European Parliament and of the Council^note and transmitted to the Commission using the electronic system referred to in Article 56(1) of Commission Implementing Regulation (EU) 2015/2447^note (the ‘Surveillance database’). That information should therefore be used for the purpose of the transmission of information to ICSMS referred to in Article 34(6) of Regulation (EU) 2019/1020.

(3)However, the Surveillance database contains more extensive and more granular information than needed by market surveillance authorities for the purpose of Article 34(6) of Regulation (EU) 2019/1020. It is therefore necessary to define the relevant information sets to be aggregated and transmitted from the Surveillance database to ICSMS. These information sets should be defined in relation to the specific data elements set out in Annex B to Commission Delegated Regulation (EU) 2015/2446.^note

(4)In order to avoid double transmission of information by customs authorities, the information referred to in Article 34(6) of Regulation (EU) 2019/1020 should be transmitted to ICSMS in two stages: first, customs authorities should transmit that information to the Commission using the Surveillance database; second, the Commission should ensure that the information is retrieved from the Surveillance database and transmitted to ICSMS on behalf of the customs authorities.

(5)The information transmitted to ICSMS pursuant to Article 34(6) of Regulation (EU) 2019/1020 should not remain in the electronic interfaces used for its transmission longer than necessary for that transmission. That information should be kept confidential by the users of ICSMS referred to in Article 34(1) of Regulation (EU) 2019/1020 (single liaison offices, market surveillance authorities, authorities designated under Article 25(1) of Regulation (EU) 2019/1020 and the Commission) and it should be used only for the purpose of enforcement of Union harmonisation legislation and for the purpose of minimising risk.

(6)The date of application of this Regulation should be deferred in order to allow for the development of an adequate visualisation tool providing user-friendly access to the information transmitted to ICSMS pursuant to Article 34(6) of Regulation (EU) 2019/1020.

(7)The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 43(1) of Regulation (EU) 2019/1020,

HAS ADOPTED THIS REGULATION:

Commission Implementing Regulation (EU) 2023/2712

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