Deployment of the ICG
The Commission shall:
(a)
develop the ICG system as an independent module of TRACES;
(b)
ensure the functioning, maintenance, support and any necessary update or development of the ICG system;
(c)
have access to all data, information and documents in the ICG system for the purpose of producing annual reports and for the development, functioning and maintenance of the system;
(d)
ensure the interconnection between the ICG system and national customs systems, via the European Union Single Window Environment for Customs.
Contact Points
1. Member States and the Commission shall designate contact points for the purpose of managing, steering the development of, identifying priorities for and monitoring the correct operation of the ICG system.
2. The Commission contact point shall maintain and keep up to date a list of all contact points and make it available to the other contact points.
Use of the EORI number
Holders of cultural goods who apply for an import licence or submit an importer statement shall use an EORI number to identify themselves.
Electronic import licences
1. Electronic import licence applications shall be completed following the data dictionary in Annex I and shall be signed by the holder of the goods with their electronic signature.
2. Electronic import licences shall be signed by the authorising officer of the competent authority with their electronic signature, sealed with an advanced or qualified electronic seal of the issuing competent authority, and then sealed by the ICG system with an advanced or qualified electronic seal.
3. The following steps in the process of issuing an electronic import licence shall be marked with an electronic qualified time stamp:
(a)
the submission of the application by the holder of the goods;
(b)
any request by the competent authority for missing or additional information from the applicant in accordance with Article 4(6) of Regulation (EU) 2019/880;
(c)
any submission of additional information or document by the applicant, following a request from the competent authority;
(d)
any decision taken on the application by the competent authority;
(e)
the expiry of a 90-day period following the reception of the complete application, without a decision by the competent authority.
Electronic importer statements
1. The electronic importer statements shall be drawn up using the ICG system in at least one of the official languages of the Member State where the goods are placed for the first time under one of the customs procedures referred to in Article 2(3) of Regulation (EU) 2019/880. They shall be completed following the data dictionary in Annex I.
2. Electronic importer statements shall be signed by the holder of the goods with their electronic signature and shall be sealed by Traces with an advanced or qualified electronic seal.
Access to import licences, importer statements and general descriptions in the ICG system
1. Each holder of the goods shall have access to their own import licences, importer statements and general descriptions referred to in Article 4, in the ICG system.
2. Customs and competent authorities shall have access to import licences on which a decision has been made, to importer statements and to general descriptions referred to in Article 4.
3. Without prejudice to the Commission’s right of access pursuant to Article 14 point (c), authorities which have not been involved in the handling, production or transmission of data, information or documents in the ICG system, or persons who have not been involved in the relevant import operations, shall not have access to such data, information or documents.
4. By way of derogation from paragraph 3, holders of the goods may provide access to their import licences, importer statements or general descriptions referred to in Article 4 to a subsequent holder of the goods through the ICG system.
Joint controllership
1. The Commission and the Member States shall be regarded as data controllers of the processing of personal data necessary for the establishment, operation and maintenance of the ICG system.
2. The Commission shall be responsible for:
(a)
determining and implementing the technical means in the ICG system to inform data subjects and enable them to exercise their rights;
(b)
ensuring the security of processing;
(c)
determining the categories of its staff and external providers to whom access to the system may be granted.
(d)
notifiying and communicating any personal data breach of the ICG systems to the European Data Protection Supervisor, pursuant to Article 34 of Regulation (EU) 2018/1725 and to the data subjects pursuant to Article 35 of that Regulation, respectively;
(e)
ensuring that its staff and external providers are adequately trained to perform their tasks within the ICG system in accordance with Regulation (EU) 2018/1725;
3. Member States customs and competent authorities shall be responsible for:
(a)
ensuring that the data subject’s rights are exercised in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council ( 11 ) and with this Regulation;
(b)
ensuring the security and confidentiality of personal data pursuant to Section 2 of Chapter IV of Regulation (EU) 2016/679;
(c)
designating the staff and experts that are to have access to the ICG system;
(d)
ensuring that staff and experts accessing the ICG system are adequately trained to perform their tasks in accordance with Regulation (EU) 2016/679 and, where relevant, with Directive (EU) 2016/680 of the European Parliament and of the Council ( 12 ) .
4. The Commission and the Member States shall enter into a joint controllership arrangement in the form of an agreement at the latest three years after the entry into force of this Regulation.
Update of designated customs offices lists
Member States shall keep the ICG system updated with lists of the customs offices competent to handle the import of cultural goods, pursuant to Article 6 of Regulation (EU) 2019/880.
Availability of electronic systems
1. The Commission and the Member States shall conclude operational agreements laying down the practical requirements for the availability and performance of the ICG system as well as for business continuity.
2. The ICG system shall be kept permanently available, except in the following cases:
(a)
in specific cases related to the use of the electronic system laid down in the agreements referred to in paragraph 1 or, at national level, in the absence of those agreements;
(b)
in the case of force majeure.
Contingency arrangements
1. The ICG system contact points shall maintain an online public repository containing a writeable electronic template of all documents that may be issued in the ICG system.
2. Where the ICG system, or one of its functionalities is unavailable for more than eight hours, users may use the writeable electronic template referred to in paragraph 1.
3. Member States shall determine their national operational details for the submission of importer statements and processing of applications for import licences during any unavailability of the ICG system.
4. Once the ICG system or the unavailable functionality become available again, operators shall use the documents created in accordance with paragraph 2, to record the same information in the system.
Security of the ICG system
1. When developing, maintaining and using the ICG system, the Member States and the Commission shall establish and maintain adequate security arrangements for its effective, reliable and secure operation. They shall also ensure that measures are in place for checking the source of data and for protecting data against the risk of unauthorised access, loss, alteration or destruction.
2. Each input, modification and deletion of data shall be recorded together with information giving the reason for and exact time of such processing and identifying the person who carried it out.
3. The Member States shall inform each other, the Commission and, where appropriate, the operator concerned of all actual or suspected breaches of security of the ICG system.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
