02022R2399 — EN — 17.10.2024 — 001.001
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REGULATION (EU) 2022/2399 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 November 2022 (OJ L 317 9.12.2022, p. 1) |
Amended by:
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COMMISSION DELEGATED REGULATION (EU) 2024/2514 of 3 July 2024 |
L 2514 |
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27.9.2024 |
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REGULATION (EU) 2022/2399 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 November 2022
establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013
Chapter I
General provisions
Article 1
Subject matter
This Regulation establishes a European Union Single Window Environment for Customs (‘EU Single Window Environment for Customs’) that provides an integrated set of interoperable electronic services, at Union and national level through the European Union Customs Single Window Certificates Exchange System, to support interaction and enhance information exchange between the national single window environments for customs and the Union non-customs systems referred to in the Annex.
It lays down rules for the national single window environments for customs and rules on digital administrative cooperation and information sharing through interoperable data sets, within the EU Single Window Environment for Customs.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
‘customs authorities’ means ‘customs authorities’ as defined in Article 5, point (1), of Regulation (EU) No 952/2013;
‘customs legislation’ means ‘customs legislation’ as defined in Article 5, point (2), of Regulation (EU) No 952/2013;
‘economic operator’ means ‘economic operator’ as defined in Article 5, point (5), of Regulation (EU) No 952/2013;
‘customs formalities’ means ‘customs formalities’ as defined in Article 5, point (8), of Regulation (EU) No 952/2013;
‘customs declaration’ means ‘customs declaration’ as defined in Article 5, point (12) of Regulation (EU) No 952/2013;
‘re-export declaration’ means ‘re-export declaration’ as defined in Article 5, point (13), of Regulation (EU) No 952/2013;
‘declarant’ means ‘declarant’ as defined in Article 5, point (15), of Regulation (EU) No 952/2013;
‘customs procedure’ means ‘customs procedure’ as defined in Article 5, point (16), of Regulation (EU) No 952/2013;
‘national single window environment for customs’ means a set of electronic services established by a Member State to enable information to be exchanged between the electronic systems of its customs authority, the partner competent authorities and economic operators;
‘partner competent authority’ means any Member State authority, or the Commission, empowered to perform a designated function in relation to the fulfilment of the relevant Union non-customs formalities;
‘Union non-customs formality’ means all the operations which must be carried out by an economic operator or by a partner competent authority for the international movement of goods, as laid down in Union legislation other than customs legislation;
‘supporting document’ means any required document issued by a partner competent authority or drawn up by an economic operator, or any required information provided by an economic operator, to certify that Union non-customs formalities have been fulfilled;
‘quantity management’ means the activity of monitoring and managing the quantity of goods authorised by partner competent authorities, in accordance with Union legislation other than customs legislation, based on the information provided by customs authorities;
‘Union non-customs system’ means a Union electronic system established by, used in order to achieve the objectives of, or referred to in Union legislation to store information on the fulfilment of the respective Union non-customs formality;
‘Economic Operator Registration and Identification number (EORI number)’ means ‘Economic Operator Registration and Identification number (EORI number)’ as defined in Article 1, point (18), of Commission Delegated Regulation (EU) 2015/2446 ( 1 );
‘EORI system’ means the system established for the purposes of Article 9 of Regulation (EU) No 952/2013.
Article 3
Establishment of an EU Single Window Environment for Customs
An EU Single Window Environment for Customs is established. It shall include:
an electronic European Union Customs Single Window Certificates Exchange System;
national single window environments for customs;
the Union non-customs systems referred to in Part A of the Annex, the use of which is mandatory under Union law;
the Union non-customs systems referred to in Part B of the Annex, the use of which is voluntary under Union law.
Chapter II
European Union Customs Single Window Certificates Exchange System
Article 4
Establishment of the electronic European Union Customs Single Window Certificates Exchange System
The electronic European Union Customs Single Window Certificates Exchange System (EU CSW-CERTEX) is established to enable information exchange, as provided for in Chapter IV. EU CSW-CERTEX shall connect the national single window environments for customs with the Union non-customs systems referred to in the Annex.
Article 5
Roles and responsibilities of EU CSW-CERTEX
The Commission shall:
connect the Union non-customs systems referred to in the Annex with EU CSW-CERTEX by the dates set out in the Annex and enable information to be exchanged on the Union non-customs formalities listed therein;
provide timely guidance and assistance to Member States when they connect to EU CSW-CERTEX as referred to in paragraphs 4 and 5.
The Commission is empowered to adopt delegated acts in accordance with Article 21 to amend Part B of the Annex as regards:
Union non-customs formalities and their respective voluntary Union non-customs systems laid down in Union legislation other than customs legislation, where the use of EU CSW-CERTEX is provided for in that legislation;
the date for the connection referred to in paragraph 2, point (a), of this Article for the Union non-customs systems referred to in points (a) and (b) of this paragraph.
Article 6
Processing of personal data in EU CSW-CERTEX
Processing of personal data may take place in EU CSW-CERTEX only for the following purposes:
enabling information to be exchanged between the national single window environments for customs and the Union non-customs systems referred to in the Annex as regards the Union non-customs formalities listed therein;
performing the business and technical transformation of data listed in Article 10(2), where this is necessary in order to enable the exchange of information referred to in point (a) of this paragraph.
Processing of personal data may take place in EU CSW-CERTEX only in respect of the following categories of data subjects:
natural persons whose personal information is contained in the customs declaration or re-export declaration;
natural persons whose personal information is contained in the supporting documents, or in any other additional documentary evidence required for the fulfilment of the Union non-customs formalities listed in the Annex;
authorised staff of customs authorities, partner competent authorities or any other relevant authority or authorised body whose personal information is contained in any documents referred to in points (a) and (b);
Commission staff and third-party providers acting on behalf of the Commission that perform EU CSW-CERTEX-related operations and maintenance activities.
Processing of personal data may take place in EU CSW-CERTEX only in respect of the following categories of personal data:
the name, address, country code and identification number of the natural persons referred to in paragraph 2, points (a) and (b), required either by customs legislation or by Union legislation other than customs legislation in order to fulfil customs and Union non-customs formalities;
the name and signature of the staff referred to in paragraph 2, points (c) and (d).
Article 7
Joint controllership of EU CSW-CERTEX
The joint controllers shall:
work together to process, in a timely manner, requests made by data subjects;
assist each other in matters involving the identification and handling of any data breach related to joint processing;
exchange the relevant information necessary to inform data subjects pursuant to Chapter III, Section 2, of Regulation (EU) 2016/679 and Chapter III, Section 2, of Regulation (EU) 2018/1725;
ensure and protect the security, integrity, availability and confidentiality of the personal data processed jointly pursuant to Article 32 of Regulation (EU) 2016/679 and Article 33 of Regulation (EU) 2018/1725.
Chapter III
National single window environments for customs
Article 8
Establishment of national single window environments for customs
For the Union non-customs formalities and systems listed in Part A of the Annex, the national single window environments for customs shall provide the following functionalities:
a single communication channel for economic operators, who may use it to fulfil the relevant customs formalities and Union non-customs formalities subject to additional digital cooperation in accordance with Article 12;
quantity management related to the Union non-customs formalities, where applicable; and
automatic verification of compliance with the Union non-customs formalities listed in the Annex based on the data received by customs authorities through EU CSW-CERTEX from Union non-customs systems.
Article 9
Personal data processing within the national single window environments for customs
Chapter IV
Digital cooperation – information exchange and other procedural rules
SECTION 1
DIGITAL COOPERATION RELATED TO UNION NON-CUSTOMS FORMALITIES
Article 10
Information exchanged and processed through EU CSW-CERTEX and its use
For each of the Union non-customs formalities listed in the Annex, EU CSW-CERTEX shall enable information to be exchanged between the national single window environments for customs and the relevant Union non-customs systems for the following purposes:
making the relevant data available to customs authorities for them to perform the necessary verification of those formalities in accordance with Regulation (EU) No 952/2013 in an automated manner;
making the relevant data available to partner competent authorities for them to perform quantity management of authorised goods in Union non-customs systems based on the goods declared to customs authorities and released by those authorities;
facilitating and supporting the integration of procedures between customs authorities and partner competent authorities, for the fully automated fulfilment of the formalities required to place the goods under a customs procedure or to re-export them, and the cooperation concerning the coordination of controls in accordance with Article 47(1) of Regulation (EU) No 952/2013, without prejudice to the national implementation of those procedures;
enabling any other automated data transfer between customs authorities and the relevant partner competent authorities required by Union legislation establishing Union non-customs formalities, without prejudice to the national use of that data.
For each of the Union non-customs formalities listed in the Annex, EU CSW-CERTEX shall provide the following functionalities:
aligning customs and non-customs terminology where possible, and identifying the customs procedure or the re-export for which the supporting document can be used, based on the administrative decision of the partner competent authority indicated in the supporting document; and
transforming, where necessary, the format of the data required to fulfil the relevant Union non-customs formalities into a format of data compatible with the customs declaration or re-export declaration and vice versa without changing the content of the data.
SECTION 2
ADDITIONAL DIGITAL COOPERATION RELATED TO UNION NON-CUSTOMS FORMALITIES
Article 11
Streamlining the fulfilment of customs formalities and Union non-customs formalities
For Union non-customs formalities and systems listed in Part A of the Annex, the national single window environments for customs shall provide the following functionalities:
enabling economic operators to submit the relevant information required for the fulfilment of the applicable customs formalities and Union non-customs formalities; and
communicating to economic operators the electronic feedback from customs authorities and partner competent authorities regarding the fulfilment of customs formalities and Union non-customs formalities.
Article 12
Union non-customs formalities subject to additional digital cooperation
The Commission shall adopt implementing acts, determining which of the Union non-customs formalities listed in the Annex fulfil the following criteria:
there is a degree of overlap between data to be included in the customs declaration or re-export declaration and data to be included in the supporting documents required for the Union non-customs formalities listed in the Annex;
the number of supporting documents issued in the Union for the specific formality is not negligible;
the corresponding Union non-customs system referred to in the Annex can identify the economic operators by means of their EORI number;
the applicable Union legislation other than customs legislation allows the fulfilment of the specific formality through the national single window environments for customs in accordance with Article 11.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
Article 13
Data harmonisation and rationalisation
Article 14
Submission of customs and Union non-customs data by economic operators
Article 15
Additional information exchange processed through EU CSW-CERTEX
EU CSW-CERTEX shall enable the necessary exchange of information between national single window environments for customs and Union non-customs systems for the following purposes:
transmitting the data that have been identified as the common data set pursuant to Article 13(1), as well as the applicable additional data elements identified pursuant to Article 13(2) (‘partner competent authority data set’) to enable partner competent authorities to carry out their duties in respect of the relevant formalities, in accordance with Union legislation other than customs legislation;
transmitting to economic operators for the purposes of Article 11(1), point (b), any feedback from partner competent authorities entered in the relevant Union non-customs systems.
SECTION 3
OTHER PROCEDURAL RULES
Article 16
Use of the EORI system by partner competent authorities
In carrying out their duties, partner competent authorities shall have access to the EORI system for the purpose of validating the relevant data on economic operators stored in that system.
Article 17
National coordinators
Each Member State shall designate a national coordinator for the EU Single Window Environment for Customs. The national coordinator shall carry out the following tasks in order to support the implementation of this Regulation:
act as national contact point for the Commission for all matters relating to the implementation of this Regulation;
promote and support, on a national level, the cooperation between customs authorities and national partner competent authorities;
coordinate the activities related to the connection of national single window environments for customs with EU CSW-CERTEX, and the provision of information in accordance with Article 20(4).
Chapter V
Costs of EU CSW-CERTEX, work programme and monitoring and reporting
Article 18
Costs
Article 19
Work programme
The Commission shall adopt implementing acts, establishing a work programme to support the implementation of this Regulation in relation to the connection of the Union non-customs systems referred to in the Annex to EU CSW-CERTEX and the integration of the respective Union non-customs formalities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
The work programme referred to in the first paragraph shall be reviewed and updated regularly, and at least once every three years, in order to assess and improve the overall implementation of this Regulation.
Article 20
Monitoring and reporting
By 31 December 2027 and every year thereafter, the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation. That report shall include:
an overview of Union non-customs formalities included in Union legislation and the Commission’s legislative proposals;
a detailed overview of the stage of progress that every Member State has reached on its national single window environment for customs in relation to the implementation of this Regulation; and
a detailed overview of the overall progress of the EU Single Window Environment for Customs in relation to the work programme referred to in Article 19.
By 31 December 2027 and every three years thereafter, the report referred to in the first subparagraph shall also include information on the monitoring and evaluation carried out in accordance with paragraphs 1 and 2, respectively, including the impact on economic operators, and in particular on small and medium-sized enterprises.
Chapter VI
Procedures for adoption of implementing and delegated acts, amendments to Regulation (EU) No 952/2013 and final provisions
Article 21
Exercise of the delegation
Article 22
Committee procedure
Article 23
Amendments to Regulation (EU) No 952/2013
Regulation (EU) No 952/2013 is amended as follows:
in Article 5, point (2), the following point is added:
Regulation (EU) 2022/2399 of the European Parliament and of the Council ( *1 ) and the provisions supplementing or implementing it;
in Article 163(1), the following subparagraph is added:
‘The supporting documents for the applicable Union non-customs formalities listed in the Annex to Regulation (EU) 2022/2399 shall be deemed to be in the possession of the declarant and at the disposal of the customs authorities at the time when the customs declaration is lodged, provided that those authorities are able to obtain the necessary data from the corresponding Union non-customs systems through the European Union Customs Single Window Certificates Exchange System in accordance with Article 10(1), points (a) and (c), of that Regulation.’
Article 24
Entry into force and application
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
Article 8(3), point (a), Article 11, Article 13(1), (2) and (3), Article 14 and Article 15(1) and (2) shall apply from 13 December 2031.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Part A
Union non-customs formalities and mandatory Union non-customs systems
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Union non-customs formality |
Acronym |
Union non-customs system |
Relevant Union legislation |
Date of application |
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Common health entry document for animals |
CHED-A |
TRACES |
Regulation (EU) 2017/625 of the European Parliament and of the Council (1) |
3 March 2025 |
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Common health entry document for products |
CHED-P |
TRACES |
Regulation (EU) 2017/625 |
3 March 2025 |
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Common health entry document for feed and food of non-animal origin |
CHED-D |
TRACES |
Regulation (EU) 2017/625 |
3 March 2025 |
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Common health entry document for plants and plant products |
CHED-PP |
TRACES |
Regulation (EU) 2017/625 |
3 March 2025 |
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Certificate of inspection |
COI |
TRACES |
Regulation (EU) 2018/848 of the European Parliament and of the Council (2) |
3 March 2025 |
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Licences used for the import or export of ozone depleting substances |
ODS |
ODS 2 Licensing System |
Regulation (EU) 2024/590 of the European Parliament and of the Council (3) |
3 March 2025 |
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Fluorinated greenhouse gases |
F-gas |
F-gas Portal |
Regulation (EU) 2024/573 of the European Parliament and of the Council (4) |
3 March 2025 |
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Import licence for cultural goods |
ICG-L |
TRACES |
Regulation (EU) 2019/880 of the European Parliament and of the Council (5) |
28 June 2025 |
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Importer statement for cultural goods |
ICG-S |
TRACES |
Regulation (EU) 2019/880 |
28 June 2025 |
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General description for cultural goods |
ICG-D |
TRACES |
Regulation (EU) 2019/880 |
28 June 2025 |
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Carbon Border Adjustment Mechanism Authorisations |
CBAM |
CBAM Registry |
Regulation (EU) 2023/956 of the European Parliament and of the Council (6) |
1 January 2026 |
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(1)
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).
(2)
Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).
(3)
Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on substances that deplete the ozone layer, and repealing Regulation (EC) No 1005/2009 (OJ L, 2024/590, 20.2.2024, ELI: http://data.europa.eu/eli/reg/2024/590/oj).
(4)
Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (OJ L, 2024/573, 20.2.2024, ELI: http://data.europa.eu/eli/reg/2024/573/oj).
(5)
Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019 on the introduction and the import of cultural goods (OJ L 151, 7.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/880/oj).
(6)
Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj). |
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Part B
Union non-customs formalities and voluntary Union non-customs systems where the use of EU CSW-CERTEX is provided for in Union legislation
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Union non-customs formality |
Acronym |
Union non-customs system |
Relevant Union legislation other than customs legislation |
Connection by |
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Import licence for Forest Law Enforcement, Governance and Trade |
FLEGT |
TRACES |
Council Regulation (EC) No 2173/2005 (1) |
3 March 2025 |
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Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items |
DuES |
eLicensing System |
Regulation (EU) 2021/821 of the European Parliament and of the Council (2) |
3 March 2025 |
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Certificates for International trade of endangered species of wild fauna and flora |
CITES |
TRACES |
Council Regulation (EC) No 338/97 (3) |
1 October 2025 |
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Information and Communication System for Market Surveillance |
ICSMS |
ICSMS |
Regulation (EU) 2019/1020 of the European Parliament and of the Council (4) |
16 December 2025 |
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Notification of arrival |
NOA |
TRACES |
Commission Delegated Regulation (EU) 2024/2104 (5) |
3 March 2025 |
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(1)
Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L 347, 30.12.2005, p. 1).
(2)
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p. 1).
(3)
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).
(4)
Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
(5)
Commission Delegated Regulation (EU) 2024/2104 of 27 June 2024 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the cases where and the conditions under which competent authorities may request operators to notify the arrival of certain goods entering the Union (OJ L, 2024/2104, 25.9.2024, ELI: http://data.europa.eu/eli/reg_del/2024/2104/oj). |
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( 1 ) 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).
( 2 ) Regulation (EU) 2021/444 of the European Parliament and of the Council of 11 March 2021 establishing the Customs programme for cooperation in the field of customs and repealing Regulation (EU) No 1294/2013 (OJ L 87, 15.3.2021, p. 1).
( 3 ) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p. 1).
( 4 ) Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L 347, 30.12.2005, p. 1).
( 5 ) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).
( *1 ) Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 (OJ L 317, 9.12.2022, p. 1).’