Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 5(6) and (7), Article 10(3) and Article 13(4) shall be conferred on the Commission for an indeterminate period of time from 12 December 2022.
3. The delegation of power referred to in Article 5(6) and (7), Article 10(3) and Article 13(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 5(6) and (7), Article 10(3) or Article 13(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Committee procedure
1. The Commission shall be assisted by the Customs Code Committee established by Regulation (EU) No 952/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Amendments to Regulation (EU) No 952/2013
Regulation (EU) No 952/2013 is amended as follows:
(1)
in Article 5, point (2), the following point is added:
‘(e)
Regulation (EU) 2022/2399 of the European Parliament and of the Council ( *1 ) and the provisions supplementing or implementing it;
( *1 ) Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 ( OJ L 317, 9.12.2022, p. 1 ).’;"
(2)
in Article 163(1), the following subparagraph is added:
‘The supporting documents for the applicable Union non-customs formalities listed in the Annex to Regulation (EU) 2022/2399 shall be deemed to be in the possession of the declarant and at the disposal of the customs authorities at the time when the customs declaration is lodged, provided that those authorities are able to obtain the necessary data from the corresponding Union non-customs systems through the European Union Customs Single Window Certificates Exchange System in accordance with Article 10(1), points (a) and (c), of that Regulation.’.
Entry into force and application
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .
Article 8(3), point (a), Article 11, Article 13(1), (2) and (3), Article 14 and Article 15(1) and (2) shall apply from 13 December 2031.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
