Objective and structure of the ICS2
1. The Import Control System 2 (‘ICS2’) shall support communication between the customs authorities of the Member States and the Commission, and between economic operators and other persons and the customs authorities of the Member States, for the following purposes:
(a)
fulfilment of entry summary declaration requirements;
(b)
risk analysis by the customs authorities of the Member States, primarily for security and safety purposes and for customs measures aimed at mitigating relevant risks, including customs controls;
(c)
communication between the customs authorities of the Member States for the purpose of fulfilment of entry summary declaration requirements;
(d)
ensuring the uniform application of customs legislation and the minimising of risks, using, among others, the processing, comparing, and analysis of data by the Member States and the Commission, and enriching and communicating data to Member States.
2. The ICS2 shall consist of the following common components:
(a)
a shared trader interface;
(b)
a common repository.
3. Each Member State shall create its national entry system as a national component.
4. A Member State may create a national trader interface as a national component.
Use of the ICS2
1. The ICS2 shall be used for the following purposes:
(a)
to submit, process, and store the particulars of entry summary declarations as referred to in Article 127 of the Code, and the requests for amendments and invalidations referred to in Article 129 of the Code;
(b)
to receive, process and store the particulars of entry summary declarations extracted from declarations as referred to in Article 130 of the Code;
(c)
to submit, process and store information regarding notifications of arrival of a sea-going vessel or an aircraft as referred to in Article 133 of the Code;
(d)
to receive, process and store information regarding the presentation of goods to customs as referred to in Article 139 of the Code;
(e)
to receive, process and store information regarding risk analysis requests and results, control recommendations, decisions on controls, and control results as referred to in Articles 46(3) and (5) and Article 47(2) of the Code;
(f)
receive, process, store, and communicate the notifications and information to economic operators or other persons as referred to in Article 186(2), point (e), and Article 186(3) to (6) of Implementing Regulation (EU) 2015/2447 and Article 24(2) of Delegated Regulation (EU) 2015/2446;
(g)
submit, process and store further information requested by the customs authorities of the Member States pursuant to Article 186(3) and (4) of Implementing Regulation (EU) 2015/2447.
2. The ICS2 shall be used to support the monitoring and evaluation by the Commission and the Member States of the implementation of the common safety and security risk criteria and standards and of the control measures and priority control areas referred to in Article 46(3) of the Code.
3. In addition to the data referred to in paragraph 1, to provide support to the risk management processes, the ICS2 safety and security analytics functionality may be used to collect, store, process and analyse the following information:
(a)
information other than the information referred to in paragraph 1 of this Article;
(b)
risk information and risk analysis results exchanged under Article 46(5) of the Code;
(c)
data exchanged under Article 47(2) of the Code other than the information referred to in paragraph 1 of this Article;
(d)
data collected by the Member States or the Commission from national, Union or international sources under Article 46(4), second subparagraph, of the Code;
(e)
any other data or information made available in the Commission’s electronic systems for the exchange and storage of customs information referred to in Article 16 of the Code and other information concerning the entry, exit, transit, movement, storage and end-use of goods moved between the customs territory of the Union and countries or territories outside that territory for the purpose of the uniform implementation of customs controls and customs legislation.
Authentication and access to the ICS2
1. The authentication and access verification of economic operators and other persons for the purposes of access to the common components of the ICS2 shall be effected using the UUM&DS system.
2. The authentication and access verification of the customs authorities of the Member States for the purposes of access to the common components of the ICS2 shall be effected using the network services provided by the Commission.
3. The authentication and access verification of the Commission’s staff for the purposes of access to the common components of the ICS2 shall be effected using the UUM&DS system or the network services provided by the Commission.
Shared trader interface
1. The shared trader interface shall be an entry point to the ICS2 for economic operators and other persons for the purpose of Article 182(1a) of Implementing Regulation (EU) 2015/2447.
2. The shared trader interface shall interoperate with the ICS2 common repository referred to in Article 46 of this Regulation.
3. The shared trader interface shall be used:
(a)
to submit, process and store the particulars of the entry summary declarations and notifications of arrival;
(b)
to submit, process and store requests for amendments and invalidations of entry summary declarations;
(c)
to exchange information between the customs authorities of the Member States and economic operators and other persons.
The ICS2 common repository
1. The ICS2 common repository shall be used by the Commission and the customs authorities of the Member States to process, store, and exchange:
(a)
the particulars of entry summary declarations;
(b)
requests for amendments and invalidations of entry summary declarations;
(c)
notifications of arrival;
(d)
information regarding the presentation of goods;
(e)
information regarding risk analysis requests and results;
(f)
control recommendations;
(g)
control decisions;
(h)
control results and information exchanged with economic operators or other persons.
2. The ICS2 common repository shall be used by the Commission and the Member States for statistics and evaluation, and to exchange entry summary declaration information between Member States and between the Commission and the Member States.
3. The ICS2 common repository shall be used by the Commission and the Member States:
(a)
to collect, store, process and analyse additional elements of information in conjunction with entry summary declarations;
(b)
to provide support to the risk management processes referred to in Article 43(3) of this Regulation through the ICS2 safety and security analytics functionality.
4. The ICS2 common repository shall interoperate with:
(a)
the shared trader interface;
(b)
the national trader interfaces, where created by the Member States;
(c)
the national entry systems.
Exchange of information between the customs authorities of the Member States using the ICS2 common repository
A customs authority of a Member State shall use the ICS2 common repository to exchange:
(a)
information with a customs authority of another Member State under Article 186(2), point (a), of Implementing Regulation (EU) 2015/2447 before completing the risk analysis primarily for security and safety purposes;
(b)
with a customs authority of another Member State information on:
(i)
the recommended controls referred to in Article 186(7), first subparagraph, of Implementing Regulation (EU) 2015/2447;
(ii)
decisions taken with regard to the recommended controls referred to in point (i);
(iii)
the results of customs controls performed under Article 186(7) and (7a) of Implementing Regulation (EU) 2015/2447.
National trader interface
1. The national trader interface, where created by a Member State, shall be an entry point to the ICS2 for economic operators and other persons, in accordance with Article 182(1a) of Implementing Regulation (EU) 2015/2447 where the submission is addressed to the Member State operating the national trader interface.
2. Economic operators and other persons may choose to use the national trader interface, where created, or the shared trader interface, to:
(a)
submit, process, and store the particulars of the entry summary declarations and notifications of arrival;
(b)
request the amendments and invalidation of the particulars of entry summary declarations;
(c)
exchange information between the custom authorities and economic operators and other persons.
3. The national trader interface, where created, shall interoperate with the ICS2 common repository.
4. A Member State that creates a national trader interface shall inform the Commission thereof.
National entry system
1. A national entry system shall be used by the customs authority of the Member State concerned for the following purposes:
a)
to exchange entry summary declaration particulars extracted from the declarations referred in Article 130 of the Code;
b)
to exchange information and notifications with the ICS2 common repository for information regarding the arrival of a sea-going vessel or an aircraft as referred to in Article 133 of the Code;
c)
to exchange information regarding the presentation of goods;
d)
to process risk analysis requests;
e)
to exchange and process information regarding risk analysis results, control recommendations, control decisions and control results.
The customs authority of the Member State concerned shall use a national entry system where a customs authority of a Member State receives further information from the economic operators and other persons.
2. The national entry system shall interoperate with the ICS2 common repository.
3. The national entry system shall interoperate with systems developed at national level to retrieve the information referred to in paragraph 1.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
