Commission Implementing Regulation (EU) 2023/2712 of 5 December 2023 laying down rules for the application of Regulation (EU) 2019/1020 of the European Parliament and of the Council as regards the details of the information to be transmitted from national customs systems to the information and communication system for market surveillance concerning products placed under the customs procedure release for free circulation

1 The information on products placed under the customs procedure ‘release for free circulation’ that is to be extracted from national customs systems and transmitted to the information and communication system referred to in Article 34(1) of Regulation (EU) 2019/1020 (‘ICSMS’) pursuant to Article 34(6) of Regulation (EU) 2019/1020 shall be the information: (a) set out in the Annex to this Regulation; (b) related to the products declared for release for free circulation under Chapters 24 to 96 of the Customs Nomenclature, as set out in Annex I to Council Regulation (EEC) No 2658/87 ; (c) available in the national customs systems under the data element set out in Annex B to Delegated Regulation (EU) 2015/2446, as referred to in the Annex to this Regulation, and in the electronic system referred to in Article 56(1) of Implementing Regulation (EU) 2015/2447 (the ‘Surveillance database’). The information referred to in the first subparagraph shall be transmitted in an aggregated format removing all transaction- or operator-specific data. Where Member States, in accordance with Regulation (EU) No 952/2013 or Articles 2, 143a and 144 of Delegated Regulation (EU) 2015/2446 or any other transitional rules set out in or pursuant to these Regulations, apply data requirements to the customs declaration that are different from the ones set out in the Annex, the information to be transmitted shall be the equivalent information available in the customs declaration subject to those data requirements.

2 Customs authorities shall transmit the information referred to in paragraph 1 to the Commission using the Surveillance database. The Commission shall ensure that the information is retrieved from the Surveillance database and transmitted to ICSMS on a monthly basis. Each monthly transmission shall include the relevant information records covering a period of five years prior to the month of transmission.

1 The information transmitted pursuant to Article 1 shall not remain in the electronic interfaces used for its transmission longer than necessary for that transmission and shall be kept confidential by the Commission during the transmission.

2 The information transmitted pursuant to Article 1 shall be kept confidential by the users of ICSMS. It shall be used only for the purpose of enforcement of Union harmonisation legislation and for the purpose of minimising risk.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 6 August 2024.