Commission Delegated Regulation (EU) 2023/205 of 7 November 2022 supplementing Regulation (EU) 2019/1239 of the European Parliament and of the Council as regards the establishment of the European Maritime Single Window environment data set and amending its Annex (Text with EEA relevance)

• Published date: 03 February 2023
• Subject Matter: Information and verification,Approximation of laws,Transport
• Official Gazette Publication: Official Journal of the European Union, L 033, 3 February 2023

3.2.2023 EN Official Journal of the European Union L 33/24

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COMMISSION DELEGATED REGULATION (EU) 2023/205

of 7 November 2022

supplementing Regulation (EU) 2019/1239 of the European Parliament and of the Council as regards the establishment of the European Maritime Single Window environment data set and amending its Annex

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/1239 of the European Parliament and of the Council of 20 June 2019 establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU (1), and in particular Article 3(3) thereof,

Whereas:

(1) After the adoption of Regulation (EU) 2019/1239, Directive 2000/59/EC of the European Parliament and of the Council (2) was repealed and replaced by Directive (EU) 2019/883 of the European Parliament and of the Council (3). The reference to Directive 2000/59/EC in the Annex to Regulation (EU) 2019/1239 should therefore be replaced by the reference to Directive (EU) 2019/883. Moreover, as Article 7(3) of Directive (EU) 2019/883 provides for the obligation to report the information contained in the waste delivery receipt, it should therefore also be mentioned in the Annex to Regulation (EU) 2019/1239.

(2) The provisions establishing reporting obligations relevant for the European Maritime Single Window environment are set out in Article 19 of Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code) (4). It is therefore necessary to amend the Annex to Regulation (EU) 2019/1239 by replacing the reference to Article 8 of the Schengen Borders Code with Article 19.

(3) Article 7(1), point (b) of Directive 2001/96/EC of the European Parliament and of the Council (5) is relevant for the application of Regulation (EU) 2019/1239, while the other provisions of Article 7 of Directive 2001/96/EC do not impose reporting obligations. It is therefore necessary to amend the reference to Directive 2001/96/EC so that it only refers to Article 7(1), point (b) of that Directive.

(4) The Annex to Regulation (EU) 2019/1239 should therefore be amended accordingly.

(5) The EMSWe data set should include the data elements required by the EU and international legislation listed in the Annex to Regulation (EU) 2019/1239, as well as by national legislation which have to be provided in connection with a port call. In the preparatory work for establishing of the EMSWe data set, in line with Article 3(2) of Regulation (EU) 2019/1239, Member States have notified to the Commission the data elements in their national legislation and requirements.

(6) Each data element of the EMSWe data set should be identified by a name with a description, while it should have precise technical characteristics indicating the character type and length. To avoid the proliferation of data requirements and simplify maritime reporting, the Commission, in consultation with the Member States, has harmonised the names, definitions and formats of these data elements.

(7) To ensure that the common data requirements, formats and codes are respected and applied in the reporting done through the maritime national single windows, it is necessary to establish the application of harmonised code lists and business rules in the EMSWe data set where applicable.

(8) To facilitate electronic reporting through the maritime national single windows, the EMSWe data set should indicate when the data elements are applicable to EU and international legislation listed in the Annex to Regulation (EU) 2019/1239 and which are applicable to national legislation.

(9) To facilitate reporting for ships, and considering the international dimension of shipping, the EMSWe data set should refer to the ‘IMO compendium on facilitation and electronic business’ set out in the Circular FAL.5/Circ.44 issued by the International Maritime Organization. The reference should indicate the mapping between the data elements in the EMSWe data set and the corresponding data elements in the FAL Compendium.

(10) The Annex to Regulation (EU) 2019/1239 contains several references to customs reporting obligations. Most of these obligations have to be fulfilled by applying the data requirements set out in Annex B to Commission Delegated Regulation (EU) 2015/2446 (6) and the formats and codes set out in Commission Implementing Regulation (EU) 2015/2447 (7). To guarantee that the data submitted by declarants through the maritime national single windows to fulfil these obligations can be easily processed by customs IT systems, a mapping should be included between the customs data requirements and the corresponding data elements of the EMSWe data set.

(11) Regulation (EU) 2019/1239 should therefore be supplemented to establish the EMSWe data set.

(12) The establishment of the EMSWe data set is closely linked to the reporting obligations listed in the Annex to Regulation (EU) 2019/1239. Therefore, it is appropriate to amend the Annex to Regulation (EU) 2019/1239 and establish the EMSWe data set under the same regulation to ensure legal coherence.

(13) The Commission has carried out appropriate consultations, including at expert level and with stakeholders.

(14) Since Regulation (EU) 2019/1239 applies from 15 August 2025, this Regulation should apply from the same date,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) 2019/1239

The Annex to Regulation (EU) 2019/1239 is replaced by Annex I to this Regulation.

Article 2

Establishment of the EMSWe data set

The EMSWe data set provided for under Article 3(1) of Regulation (EU) 2019/1239 is set out in Annex II to this Regulation.

Article 3

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 15 August 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 November 2022.

For the Commission

The President

Ursula VON DER LEYEN

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(1) OJ L 198, 25.7.2019, p. 64.

(2) Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ L 332, 28.12.2000, p. 81).

(3) Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

(4) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

(5) Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers (OJ L 13, 16.1.2002, p. 9).

(6) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

(7) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

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ANNEX I

REPORTING OBLIGATIONS

A. Reporting obligations stemming from legal acts of the Union

This category of reporting obligations includes the information which is to be provided in accordance with the following provisions:

A1 - Notification for ships arriving in and departing from ports of the Member States

Article 4(1) of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (OJ L 208, 5.8.2002, p. 10).

A2 - Border checks on persons

Article 19 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

A3 - Notification of dangerous or polluting goods carried on board

Article 13 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (OJ L 208, 5.8.2002, p. 10).

A4.1 - Advance waste notification

Article 6(1) of Directive (EU) 2019/883 of the European Parliament and the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

A4.2 - Waste delivery receipt

Article 7(3) of Directive (EU) 2019/883 of the European Parliament and the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

A5 - Ship pre-arrival security information

Article 6 of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (OJ L 129, 29.4.2004, p. 6).

The form set out in the Appendix to this Annex shall be used for identifying the data elements required under Article 6 of Regulation (EC) No 725/2004.

A6.1 - Number of persons sailing on board passenger ships

Article 4(2) of...