Commission Implementing Decision (EU) 2019/2151
of 13 December 2019
establishing the work programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code1, and in particular to Article 281 thereof,
Whereas:
Article 6 of Regulation (EU) No 952/2013 laying down the Union Customs Code provides that all exchanges of information between customs authorities and between economic operators and customs authorities and storage of such information are to be made using electronic data processing techniques. Article 280 of the Regulation provides that the Commission is to draw up a work programme relating to the development and deployment of the electronic systems (‘the work programme’).
The Commission adopted the first work programme by means of Commission Implementing Decision 2014/255/EU2 and updated it for the first time in 2016 by means of Commission Implementing Decision (EU) 2016/5783. The 2016 work programme needs to be updated to take account of new resource- and priority-based planning for the electronic systems. It is also necessary to take account of the amendment to Article 278 of Regulation (EU) No 952/2013 made by Regulation (EU) 2019/632 of the European Parliament and of the Council4 to prolong the transitional use of means other than the electronic data-processing techniques provided for in Regulation (EU) No 952/2013. To ensure stable and reliable planning for deployment of electronic systems provided for in Regulation (EU) No 952/2013, future updates of the work programme should take place only if there are new developments. The provision requiring an update of the work programme every year should therefore be deleted.
It is also necessary to further specify certain elements of the reporting obligation, which was imposed on the Member States and on the Commission by the new Article 278a of Regulation (EU) No 952/2013 in order to monitor the progress in developing the electronic systems. In accordance with paragraph 4 of this Article, Member States are to provide the Commission, twice per year, with an updated table on their own progress in developing and deploying the electronic systems. The table should contain the dates for completion of certain milestones and, in the event of delays or risks of delays, the mitigating actions as referred to in Article 278a(3). It is also necessary to specify the dates by which the Member States should send the information. This will allow the Commission to draft and submit its report on progress in developing the electronic systems to the European Parliament and to the Council at the end of each year. The Member States should also inform the Commission immediately of substantial changes in their IT planning. However, given the reporting obligation provided in Article 278a(4), it is no longer necessary to require the Member States to send information 6 months before the deployment of a new electronic system.
The work programme should list the electronic systems provided for in Regulation (EU) No 952/2013, the relevant Articles providing for those systems and the dates on which they are expected to become operational. The work programme should distinguish between the electronic systems that the Member States are to develop themselves (‘national systems’) and those that they are to develop in cooperation with the Commission (‘trans-European systems’). All these electronic systems are needed for Regulation (EU) No 952/2013 to be fully effective. The list should be based on the existing planning document covering all IT-related customs projects (the multi-annual strategic plan for customs, ‘MASP-C’5), which is being drawn up in accordance with Decision No 70/2008/EC of the European Parliament and of the Council6, and in particular Article 4 and Article 8(2) thereof. The electronic systems referred to in the work programme should be managed, prepared and developed as established in the MASP-C.
As the transitional period for the full application of Regulation (EU) No 952/2013 should be finished at the latest by the dates referred to in Article 278 provided for in this Regulation, the work programme defines in more detail the actual dates of deployment of each of the electronic systems and as such sets the end period of the application of the specific transitional measures as provided by Commission Delegated Regulation (EU) 2016/3417.
Where the work programme allows the Member States to choose to deploy a trans-European or national electronic system within a given period (i.e. deployment window), the Annex should make it clear that the ‘start date of deployment’ is the earliest date on which Member States may start operating the new electronic system and the ‘end date of deployment’ is the last date by which all Member States and all economic operators are to start using the new or upgraded electronic system. The end date of deployment should also be the end of the period of the transitional measures related to that electronic system. Those dates should therefore be set on the basis of the deadlines provided in paragraphs 1, 2 and 3 of Article 278 of Regulation (EU) No 952/2013. These deployment windows are necessary to implement the systems at Union level, taking into account the needs of each system. Different rules concerning deployment windows should apply to the customs project on pre-arrival security and safety (ICS2). In this case, all Member States should be ready to deploy each release of the project at the start date for the release, while economic operators should be given, with the agreement of the Member States, a possibility to connect within the deployment window.
The deployment windows for the migration of national electronic systems should be adapted to the national project and migration plans of Member States and should take into account their specific national IT environments and circumstances. The end dates of deployment of national electronic systems should also bring to an end the periods of the transitional measures related to those electronic systems. Those dates should therefore be set on the basis of the deadlines provided in paragraphs 1, 2 and 3 of Article 278 of Regulation (EU) No 952/2013.
The Member States and the Commission should also ensure that the economic operators have received in a timely manner the technical information needed for them to update their own electronic systems and to connect to the new or upgraded electronic systems provided for in Regulation (EU) No 952/2013. Communication on the changes needed is to be provided between 12 and 24 months before deployment of a particular system, if necessary due to the scope and nature of that system. For minor changes, that period may be shorter.
The dates of deployment of certain projects need to be modified to ensure synchronicity between the work programme and the MASP-C, and to take into account the new deadlines provided in Article 278 of Regulation (EU) No 952/2013.
The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS DECISION:
Article 1The work programme
The work programme relating to the development and deployment of the electronic systems provided for in Regulation (EU) No 952/2013 laying down the Union Customs Code (‘the work programme’), as set out in the Annex, is hereby adopted.
Article 2Implementation
1
The Commission and the Member States shall cooperate in the implementation of the work programme.
2
The Member States shall develop and deploy the relevant electronic systems within the dates of the relevant deployment windows laid down in the work programme.
3
The projects specified in the work programme and the preparation and implementation of the related electronic systems shall be managed in a manner consistent with the work programme and the multi-annual strategic plan for customs.
4
The Commission shall undertake to seek common understanding and agreement with the Member States on the project scope, design, requirements and architecture of the electronic systems when initiating the projects of the work programme. Where relevant, the Commission shall also consult with and take into account the views of economic operators.
Article 3Updates
The work programme shall be updated regularly to ensure its alignment with and adjustment to developments in the implementation of Regulation (EU) No 952/2013, and to take account of actual progress in preparing and developing the electronic systems. This applies particularly to the availability of commonly agreed specifications and the practical operational launch of the electronic systems.
Article 4Communication and reporting
1
The Commission and the Member States shall share information on planning and on progress in implementing each of the systems.
2
The Member States shall submit to the Commission national project and migration plans and the table on their progress in developing and deploying the electronic systems referred to in Article 278a(4) of Regulation (EU) No 952/2013 by 31 January and by 30 June each year. The plans and the table shall include the relevant information necessary for the annual report to be submitted by the Commission under Article 278a of Regulation (EU) No 952/2013.
3
Member States shall inform the Commission immediately of any important updates in their national project and migration plans.
4
Member States shall make the technical specifications related to the external communication of the national electronic system available to economic operators in a timely manner.
Article 5Repeal
1
Implementing Decision (EU) 2016/578 is repealed.
2
References to the repealed Decision and to Implementing Decision 2014/255/EU shall be construed as references to this Decision.
Article 6Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 13 December 2019.
For the Commission
The President
Ursula Von Der Leyen
ANNEXWork programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code
I.INTRODUCTION
1.
The work programme provides an instrument to support the application of those provisions of Regulation (EU) No 952/2013 that concern the development and deployment of its electronic systems.
2.
The work programme also specifies the periods during which the transitional measures shall apply until the deployment of the new or upgraded electronic systems as referred to in Commission Delegated Regulation (EU) 2015/24468, Delegated Regulation (EU) 2016/341 and Commission Implementing Regulation (EU) 2015/24479.
3.
The ‘key milestone’ of the technical specifications shall be understood to mean the date by which a stable version of the technical specifications is made available. For the national systems or components, this date will be communicated as part of the published national project planning.
4.The work programme establishes the following ‘dates of deployment’ for the trans-European and national systems:
- (a)
the start date of the deployment window for the electronic systems, to be understood to mean the earliest date on which the electronic system becomes operational;
- (b)
the end date of the deployment window for the electronic systems, to be understood to mean:
the last date by which the systems need to be operational in all Member States and used by all economic operators; and
the end date of the validity of the transitional measures.
For the purposes of point (b), the date shall be the same as the start date if no actual window is envisaged for migration or deployment.
5.For purely national systems or specific national components of a wider Union project, the Member States may determine the dates of deployment and the start and end dates of a deployment window in their national project planning, subject to the overall deadlines set out in Article 278 of Regulation (EU) No 952/2013.
The following national systems or specific national components are covered by the first paragraph:
- (a)
UCC Automated Export System (AES) Component 2 (National Export Systems upgrade) (point 10 of Part II);
- (b)
UCC Special Procedures (SP IMP/SP EXP) (point 12 of Part II);
- (c)
UCC Arrival Notification, Presentation Notification, Temporary Storage (point 13 of Part II);
- (d)
UCC National Import Systems upgrade (point 14 of Part II);
- (e)
UCC Guarantee Management (GUM) — Component 2 (point 16 of Part II).
6.For trans-European systems with a deployment window but without a single implementation date, the Member States may, where deemed appropriate, start the deployment at an appropriate date within this window and may allow a period of time within which economic operators can migrate. The start and end dates shall be communicated to the Commission. The common domain aspects will need to be carefully considered by the Commission and the Member States.
The following trans-European systems are covered by the first paragraph:
- (a)
UCC NCTS upgrade (point 9 of Part II);
- (b)
UCC AES (Component 1) (point 10 of Part II).
- (c)
UCC CCI (point 15 of Part II)
The trans-European UCC ICS2 (point 17 of Part II) also requires gradual implementation and transition. The approach in this case is different, however, since all Member States are expected to be ready at the same time for each release at the start of each deployment window. Moreover, where deemed appropriate, Member States may allow the economic operators to gradually connect to the system until the end of the deployment window provided for each of the releases. Member States must publish, in coordination with the Commission, the deadlines and instructions for economic operators on their website.
7.In implementing the work programme, the Commission and the Member States will need to carefully manage complexity in terms of dependencies, variables and assumptions. The principles set out in the MASP-C will be used to manage the planning.
The projects will be rolled out in different phases, from preparation and development to construction, testing, migration and final operation. The role of the Commission and the Member States in these different phases will depend on the nature and architecture of the system and its components or services, as described in the detailed project fiches of the MASP-C. Where appropriate, common technical specifications will be defined by the Commission in close cooperation with, and subject to review by, the Member States, with a view to finalising them 24 months before the target date of deployment of the electronic system.
The Member States and the Commission should also ensure that the economic operators have received in a timely manner the technical information needed for them to update their own electronic systems and to connect to the new or upgraded electronic systems provided for in Regulation (EU) No 952/2013. Any changes need to be communicated to the economic operators between 12 and 24 months before deployment of a particular system, if necessary due to the scope and nature of the change, to allow the economic operators to plan and adjust their systems and interfaces. For minor changes, that period may be shorter.
The Member States and, where appropriate, the Commission will engage in the development and deployment of the systems in line with the defined systems’ architecture and specifications. The activities will be carried out in compliance with the milestones and dates stated in the work programme. The Commission and the Member States will also collaborate with economic operators and other stakeholders.
The economic operators will have to take the steps necessary to enable them to make use of the systems once in place, and no later than the end dates defined in this work programme or, where applicable, defined by the Member States as part of their national plans.
II.LIST OF PROJECTS RELATED TO THE DEVELOPMENT AND DEPLOYMENT OF ELECTRONIC SYSTEMS
A.Full list
‘UCC projects and related electronic systems’List of projects related to the development and deployment of electronic systems required for the application of the Code | Legal base | Key milestone | Dates of deployment of the electronic systems | |
|---|---|---|---|---|
Start date of the deployment window of the electronic system10 | End date of the deployment window of the electronic system11 = End date of the transitional period | |||
| Article 6(1), Articles 16 and 64 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q1 2015 | 1.1.2017 | 1.1.2017 |
| Article 6(1), Articles 16, 22, 23, 26, 27, 28, 33 and 34 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q2 2016 (phase 1) | 1.3.2017 (phase 1 — step 1) | 1.3.2017 (phase 1 — step 1) |
2.10.2017 (phase 1 — step 2) | 2.10.2017 (phase 1 — step 2) | |||
Target date of technical specifications = Q2 2018 (phase 2) | 1.10.2019 (phase 2) | 1.10.2019 (phase 2) | ||
| Article 6(1), Articles 16, 22, 23, 26, 27 and 28 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q4 2015 | 2.10.2017 | 2.10.2017 |
| Article 6(1) and Article 16 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q4 2015 | 2.10.2017 | 2.10.2017 |
| Article 6(1), Articles 16, 22, 23, 26, 27, 28, 38 and 39 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q1 2016 | 5.3.2018 (phase 1) | 5.3.2018 (phase 1) |
Target date of technical specifications = Q4 2018 | 1.10.2019 (phase 2 — part 1 initial processes) 16.12.2019 (phase 2 — part 2 other processes) | 1.10.2019 (phase 2 — part 1) 16.12.2019 (phase 2 — part 2) | ||
| Article 6(1) and Article 9 of Regulation (EU) No 952/2013 laying down the Union Customs Code | Target date of technical specifications = Q2 2016 | 5.3.2018 | 5.3.2018 |
| Article 6(1), Articles 16 and 56(5) of Regulation (EU) No 952/2013 | Target date of technical specifications = Q3 2016 | 1.10.2018 | 1.10.2018 |
| Article 6(1), Articles 16 and 153 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q1 2022 | 1.3.2024 (phase 1) 2.6.2025 (phase 2) | 1.3.2024 (phase 1) 2.6.2025 (phase 2) |
| Article 6(1), Articles 16 and 226-236 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q4 2019 Target date of technical specifications = Q2 2022 | 1.3.2021 3.6.2024 | 1.12.2023 2.6.2025 |
| Article 6(1), Articles 16, 179 and 263-276 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q4 2019 (component 1) | 1.3.2021 (component 1) | 1.12.2023 (component 1) |
Target date of technical specifications = to be defined by MS (component 2) | 1.3.2021 (component 2) | 1.12.2023 (component 2) | ||
| Article 6(1), Articles 16, 215, 255-262 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q2 2018 | 1.6.2020 | 1.6.2020 |
| Article 6(1), Articles 16, 215, 237-242 and 250-262 of Regulation (EU) No 952/2013 | Target date of technical specifications = to be defined by MS (for component 1 and 2) | 1.3.2021 (component 1) | 1.12.2023 (component 1) |
To be defined by MS as part of the national plan (component 2) | To be defined by MS as part of the national plan with a deployment window till 31.12.2022 (component 2) | |||
| Article 6(1), Articles 16 and 133-152 of Regulation (EU) No 952/2013 | Target date of technical specifications = to be defined by MS and for Notification of Arrival in line with ICS2 planning. | To be defined by MS as part of the national plan | To be defined by MS as part of the national plan with a deployment window till 31.12.2022 |
| Article 6(1), Article 16(1) and Articles 53, 56, 77-80, 83-87, 101-105, 108-109, 158-187, 194-195 of Regulation (EU) No 952/2013 | Target date of technical specifications = to be defined by MS | To be defined by MS as part of the national plan | To be defined by MS as part of the national plan with a deployment window till 31.12.2022 |
| Article 6(1), Articles 16 and 179 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q3 2020 Target date of technical specifications = Q2 2022 | 1.3.2022 2.10.2023 | 1.12.2023 2.6.2025 |
| Article 6(1), Articles 16 and 89-100 of Regulation (EU) No 952/2013 | Target date of technical specifications = Q3 2022 (component 1) | 2.10.2023 (component 1) | 2.6.2025 (component 1) |
Target date of technical specifications = to be defined by MS (component 2) | To be defined by MS as part of the national plan (component 2) | To be defined by MS as part of the national plan with a deployment window till 2.6.2025 (component 2) | ||
| Article 6(1), Articles 16, 46, 47, and 127-132 of Regulation (EU) No 952/2013 | Target date of technical specifications for all three Releases = Q2 2018 | 15.3.2021 (Release 1) | 1.10.2021 (Release 1) |
1.3.2023 (Release 2) 1.3.2024 (Release 3) | 2.10.2023 (Release 2) 1.10.2024 (Release 3) | |||
This date for starting the deployment window of the electronic systems is the earliest date for Member States to start operations. | ||||
This date for ending the deployment window of the electronic systems is the last date by which the system should be fully deployed and the last date by which all economic operators should be migrated; where applicable, the date will be established by the Member States and is the end date of the validity of the transitional period. | ||||
B.Overview of the list
UCC Projects related to electronic systems | Dates of deployment/Deployment windows | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 | 2025 |
|---|---|---|---|---|---|---|---|---|---|---|
| 1.1.2017 | X | ||||||||
| 1.3.2017 (phase 1 — step 1) 2.10.2017 (phase 1 — step 2) 1.10.2019 (phase 2) | X X | X | |||||||
| 2.10.2017 | X | ||||||||
| 2.10.2017 | X | ||||||||
| 1.3.2018 (phase 1) 1.10.2019 (phase 2 — part 1) 16.12.2019 (phase 2 — part 2) | X | X X | |||||||
(EORI 2) | 1.3.2018 | X | ||||||||
| 1.10.2018 | X | ||||||||
| 1.3.2024 (phase 1) 2.06.2025 (phase 2) | X | X | |||||||
| 1.3.2021-1.12.2023 (phase 5) 3.6.2024-2.6.2025 (phase 6) | X | X | X | X | X | ||||
Component 1: Trans-European AES | 1.3.2021-1.12.2023 | X | X | X | ||||||
Component 2: National Export Systems upgrade | 1.3.2021-1.12.2023 | X | X | X | ||||||
| 1.6.2020 | X | ||||||||
Component 1: National SP EXP | national planning 1.3.2021-1.12.2023— see also project 10 | X | X | X | X | X | X | X | ||
Component 2: National SP IMP | national planning for SP IMP (till 31.12.2022) — see also project 14 | X | X | X | X | X | X | |||
| national planning (till 31.12.2022) | X | X | X | X | X | X | |||
| national planning (till 31.12.2022) | X | X | X | X | X | X | |||
| 1.3.2022-1.12.2023 (phase 1) 2.10.2023-2.6.2025 (phase 2) | X | X X | X | X | |||||
Component 1: Trans-European GUM | 2.10.2023-2.6.2025 | X | X | X | ||||||
Component 2: National Guarantee Management | national planning (till 2.6.2025) | X | X | X | X | X | X | X | X | X |
(ICS 2) | 15.3.2021-1.10.2021 (Release 1) 1.3.2023-2.10.2023 (Release 2) 1.3.2024-1.10.2024 (Release 3) | X | X | X |