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Establishment of the electronic European Union Customs Single Window Certificates Exchange System
The electronic European Union Customs Single Window Certificates Exchange System (EU CSW-CERTEX) is established to enable information exchange, as provided for in Chapter IV. EU CSW-CERTEX shall connect the national single window environments for customs with the Union non-customs systems referred to in the Annex.
Roles and responsibilities of EU CSW-CERTEX
1. The Commission, in collaboration with the Member States, shall develop, integrate and operate EU CSW-CERTEX. 2. The Commission shall: (a) connect the Union non-customs systems referred to in the Annex with EU CSW-CERTEX by the dates set out in the Annex and enable information to be exchanged on the Union non-customs formalities listed therein; (b) provide timely guidance and assistance to Member States when they connect to EU CSW-CERTEX as referred to in paragraphs 4 and 5. 3. Where the Commission provides training on EU CSW-CERTEX, it shall do so under Regulation (EU) 2021/444 of the European Parliament and of the Council ( 15 ) . 4. The Member States, assisted where necessary by the Commission, shall connect the national single window environments for customs with EU CSW-CERTEX by the dates set out in Part A of the Annex and enable information to be exchanged on the Union non-customs formalities listed in Part A thereof. 5. The Member States, assisted, where necessary, by the Commission, may connect the national single window environments for customs with EU CSW-CERTEX and enable information to be exchanged on the Union non-customs formalities listed in Part B of the Annex. 6. The Commission is empowered to adopt delegated acts in accordance with Article 21 to amend Part A of the Annex, as regards the Union non-customs formalities, their respective Union non-customs systems as laid down in Union legislation other than customs legislation, and the date for the connections referred to in paragraphs 2 and 4 of this Article. 7. The Commission is empowered to adopt delegated acts in accordance with Article 21 to amend Part B of the Annex as regards: (a) Union non-customs formalities and their respective voluntary Union non-customs systems laid down in Union legislation other than customs legislation, where the use of EU CSW-CERTEX is provided for in that legislation; (b) Union non-customs formalities and systems under Regulation (EU) 2021/821 of the European Parliament and of the Council ( 16 ) and Council Regulations (EC) No 2173/2005 ( 17 ) and (EC) No 338/97 ( 18 ) ; and (c) the date for the connection referred to in paragraph 2, point (a), of this Article for the Union non-customs systems referred to in points (a) and (b) of this paragraph.
Processing of personal data in EU CSW-CERTEX
1. Processing of personal data may take place in EU CSW-CERTEX only for the following purposes: (a) enabling information to be exchanged between the national single window environments for customs and the Union non-customs systems referred to in the Annex as regards the Union non-customs formalities listed therein; (b) performing the business and technical transformation of data listed in Article 10(2), where this is necessary in order to enable the exchange of information referred to in point (a) of this paragraph. 2. Processing of personal data may take place in EU CSW-CERTEX only in respect of the following categories of data subjects: (a) natural persons whose personal information is contained in the customs declaration or re-export declaration; (b) natural persons whose personal information is contained in the supporting documents, or in any other additional documentary evidence required for the fulfilment of the Union non-customs formalities listed in the Annex; (c) authorised staff of customs authorities, partner competent authorities or any other relevant authority or authorised body whose personal information is contained in any documents referred to in points (a) and (b); (d) Commission staff and third-party providers acting on behalf of the Commission that perform EU CSW-CERTEX-related operations and maintenance activities. 3. Processing of personal data may take place in EU CSW-CERTEX only in respect of the following categories of personal data: (a) the name, address, country code and identification number of the natural persons referred to in paragraph 2, points (a) and (b), required either by customs legislation or by Union legislation other than customs legislation in order to fulfil customs and Union non-customs formalities; (b) the name and signature of the staff referred to in paragraph 2, points (c) and (d). 4. With the exception of technical logs indicating the supporting documents exchanged and the flow of such exchange, EU CSW-CERTEX shall not store any information exchanged between the national single window environments for customs and Union non-customs systems. 5. The transformation of personal data referred to in paragraph 1, point (b), shall be performed using information technology infrastructure located in the Union.
Joint controllership of EU CSW-CERTEX
1. As regards the processing of personal data in EU CSW-CERTEX, the Commission shall be a joint controller within the meaning of Article 28(1) of Regulation (EU) 2018/1725, and customs authorities and Member States’ partner competent authorities responsible for the Union non-customs formalities listed in the Annex shall be joint controllers within the meaning of Article 26(1) of Regulation (EU) 2016/679. 2. The Commission shall adopt implementing acts, establishing the respective responsibilities of the joint controllers to comply with the obligations under Regulations (EU) 2016/679 and (EU) 2018/1725. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2) of this Regulation. 3. The joint controllers shall: (a) work together to process, in a timely manner, requests made by data subjects; (b) assist each other in matters involving the identification and handling of any data breach related to joint processing; (c) exchange the relevant information necessary to inform data subjects pursuant to Chapter III, Section 2, of Regulation (EU) 2016/679 and Chapter III, Section 2, of Regulation (EU) 2018/1725; (d) ensure and protect the security, integrity, availability and confidentiality of the personal data processed jointly pursuant to Article 32 of Regulation (EU) 2016/679 and Article 33 of Regulation (EU) 2018/1725.
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