Subject matter
Article 1
This Regulation lays down the rules for the functioning of the Information System, including rules for the protection of personal data and exchange of data with other IT systems.
Commission Implementing Regulation (EU) 2024/3084 CHAPTER I — GENERAL PROVISIONS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Deployment and Use of the Information System
Article 2
1. The Commission shall: (a) develop the Information System as an independent module of TRACES platform; (b) ensure the functioning, maintenance, support and any necessary update or development of the Information System. 2. The Information System shall be used by operators and traders, and if applicable, their authorised representatives, for submitting and managing Due Diligence Statements and verifying the validity of reference numbers, and by competent authorities, customs authorities and the Commission for accessing and acting on Due Diligence Statements, including the exchange of information containing personal data between competent authorities, customs authorities and the Commission in relation to implementation and enforcement of Regulation (EU) 2023/1115. Any such exchange of information shall comply with the rules on the protection of personal data laid down in Regulations (EU) 2016/679 and (EU) 2018/1725. 3. The Due Diligence Statements are attributed in the Information System to the competent authorities in the following order: (a) if the Information System user provides information indicating the Member State where the relevant product enters or leaves the Union market, or in the absence of that, where the relevant product is placed or made available on the market, the Due Diligence Statements shall be attributed to the competent authorities of that Member State; (b) in the absence of the information required by subparagraph a), the Due Diligence Statements shall be attributed to the competent authorities of the Member State in which the Information System user is established. In case the Information System user is established outside the Union, then the Due Diligence Statements shall be attributed to the competent authorities of the Member State with which the Information System user is associated according to their identifier provided upon registration in the Information System.
Definitions
Article 3
For the purposes of this Regulation, in addition to the definitions set out in Article 2 of Regulation (EU) 2023/1115, Article 4 of Regulation (EU) 2016/679, and Article 3 of Regulation (EU) 2018/1725, the following definitions shall apply: (a) ‘Information System’ means the information system established and maintained by the Commission pursuant to Article 33 of Regulation (EU) 2023/1115; (b) ‘Information System actor’ means the competent authorities and customs authorities pursuant to Regulation (EU) 2023/1115, and the Commission, to carry out the tasks conferred on them in accordance with Regulation (EU) 2023/1115; (c) ‘Information System user’ means operators and traders, and their authorised representatives, where applicable, pursuant to Regulation (EU) 2023/1115 which are identified by individual registration within EU Login, the user authentication service of the European Commission; (d) ‘Due Diligence Statement’ means Due Diligence Statement submitted by the Information System user pursuant to Regulation (EU) 2023/1115; (e) ‘Reference number’ means the reference number assigned by the Information System to the Due Diligence Statement submitted by the Information System user pursuant to Regulation (EU) 2023/1115; (f) ‘Verification number’ means a security number assigned by the Information System to the Due Diligence Statement submitted by the Information System user to ensure additional security of data contained in the Due Diligence Statement; (g) ‘Risk profiling’ means the identification of the risks of non-compliance of a relevant product within the scope of Regulation (EU) 2023/1115 within the Information System, based on risk criteria, for the purpose of assigning to each Due Diligence Statement submitted in the Information System, including after any amendment thereof, a risk status reflecting these risks.
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