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Document 32016R0346

    Commission Implementing Regulation (EU) 2016/346 of 10 March 2016 determining the items to be included in the Customs Information System

    C/2016/1395

    OJ L 65, 11/03/2016, p. 40–48 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/reg_impl/2016/346/oj

    11.3.2016   

    EN

    Official Journal of the European Union

    L 65/40


    COMMISSION IMPLEMENTING REGULATION (EU) 2016/346

    of 10 March 2016

    determining the items to be included in the Customs Information System

    THE EUROPEAN COMMISSION,

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

    Having regard to Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (1) and in particular Article 25(1) thereof,

    Whereas:

    (1)

    The aim of the Customs Information System (CIS) is to assist the competent authorities in the prevention, investigation and prosecution of operations in breach of customs and agricultural legislation. In order to achieve this aim the competent authorities of the Member States enter information on relevant events, such as seizure or detention of goods in the CIS. In order for the CIS to continue to address the needs of the competent authorities it is necessary to update the list of items to be included in the CIS.

    (2)

    Each event reported in the CIS includes a number of core elements which are required for meaningful interpretation of the case. In order to make it possible for the competent authorities to easily identify specific cases or events in the CIS it should be possible to search for case references in the CIS and it is thus necessary to include case reference as an item in the CIS.

    (3)

    Fraudulent activity normally implies active participation of one or more persons. The correct and unambiguous identification of persons involved in activities which are potentially fraudulent is of the utmost importance for the successful investigation of the events. Data relating to the businesses and persons involved in fraudulent or potentially fraudulent activity should therefore be reported in the CIS.

    (4)

    Due to the fact that modus operandi of commercial fraud as well as method of concealment depend on the means of transport it is important to include as one of the required items in the CIS, specific details on the means of transport.

    (5)

    Transport patterns, which are not economically justified, are considered relevant indicators of certain types of fraud such as for example mis-declaration of origin. It is therefore important to know the details of the routes which are used to transport goods as these may be important in identifying fraudulent activity. Therefore, routing steps information is considered essential for the proper investigation of customs-related fraud and should be included as one of the CIS items.

    (6)

    Customs duties and other charges vary according to the specific characteristics of the commodity. In order to ensure the proper follow up of cases or events reported in the CIS specifications relating to the goods involved in the case should therefore be entered in the CIS.

    (7)

    Analysis of the concrete seizure, confiscation or retention of goods assist in developing preventive measures against future occurrence of the same type of customs related fraud. It is therefore considered important to include relevant information relating to seizure, detention or confiscation in the CIS.

    (8)

    Any action taken by the relevant authorities should be justifiable and thus should be premised on appropriate risk indicators. It is therefore necessary to include risk assessment information as one of the CIS items.

    (9)

    Depending on the case in question the relevant documentation to be attached in the case entry in the CIS may vary significantly. It may include, but is not limited to, commercial documents obtained by the competent authorities.

    (10)

    The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Regulation (EC) No 515/97,

    HAS ADOPTED THIS REGULATION:

    Article 1

    Items

    The items to be included in the CIS database under the categories referred to in Article 24 of Regulation (EC) No 515/97 are the following.

    (a)

    The items common to all the categories of Article 24 of Regulation (EC) No 515/97:

    Case reference

    Basic information relating to the case

    Attachment of relevant documents.

    (b)

    Additional items for category under point (a) of Article 24 of Regulation (EC) No 515/97:

    Specifics on the commodities

    Documents

    Information relating to seizure, detention or confiscation

    Actions

    Risk indicators

    Comment section.

    (c)

    Additional items for category under point (b) of Article 24 of Regulation (EC) No 515/97:

    Specifics on the means of transport

    Documents

    Routing steps

    Actions

    Risk indicators

    Comment section.

    (d)

    Additional items for category under point (c) of Article 24 of Regulation (EC) No 515/97:

    Data relating to the businesses involved

    Documents

    Actions

    Risk indicators

    Comment section.

    (e)

    Additional items for category under point (d) of Article 24 of Regulation (EC) No 515/97:

    Data relating to persons involved

    Documents

    Actions

    Risk indicators

    Comment section.

    (f)

    Additional items for category under point (e) of Article 24 of Regulation (EC) No 515/97:

    Specifics on fraud trends

    Risk indicators.

    (g)

    Additional items for category under point (f) of Article 24 of Regulation (EC) No 515/97:

    Specifics on the availability of expertise.

    (h)

    Additional items for category under point (g) of Article 24 of Regulation (EC) No 515/97:

    Information relating to seizure, detention or confiscation

    Actions

    Risk indicators.

    (i)

    Additional items for category under point (h) of Article 24 of Regulation (EC) No 515/97:

    Information relating to seizure, detention or confiscation

    Actions

    Risk indicators.

    Further details in relation to the above items are provided in the Annex hereto.

    Article 2

    Repeal

    Article 2 of Commission Regulation (EC) No 696/98 (2) is deleted.

    Article 3

    Entry into force

    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 as of 1 September 2016.

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

    Done at Brussels, 10 March 2016.

    For the Commission

    The President

    Jean-Claude JUNCKER


    (1)   OJ L 82, 22.3.1997, p. 1.

    (2)  Commission Regulation (EC) No 696/98 of 27 March 1998 implementing Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 96, 28.3.1998, p. 22).


    ANNEX

    (a)

    CASE REFERENCE

    Case Identification Number

    Document Reference

    National Reference Number

    Summary

    Service

    Contact Person

    Date

    (b)

    BASIC INFORMATION RELATING TO THE CASE

    Type of fraud

    Report type

    Means of transport

    Information quality

    (c)

    DOCUMENTS

    Type

    Number

    Freight payment

    Date of issue

    Place of issue

    (d)

    DATA RELATING TO PERSONS INVOLVED

    Involvement

    First Name

    Surname

    Maiden Name

    Alias

    Sex

    Any particular and permanent physical characteristics

    Place of Birth

    Date of Birth

    Nationality

    Address

    Street

    Number

    PO Box

    Postal Code

    City

    Country

    Phone/Mobile

    Fax/Email

    Identity papers

    Document type

    Document number

    Date of issue

    Place of issue

    Country

    Luggage

    Category

    Type

    Brand

    Tag number

    Handling

    Tickets

    Date of purchase

    Mode of payment

    Issued in (Country)

    Issued by

    Start travel

    Duration of stay (days)

    Cash

    Declared

    Intended use

    Provenance

    Currency

    Type of cash

    Amount

    Converted amount (EUR)

    Warning

    (e)

    DATA RELATING TO THE BUSINESSES INVOLVED

    Involvement

    Name

    Trading Name

    Registration type

    Registration number (1)

    Address*

    Street

    Number

    PO Box

    Postal Code

    City

    Country

    Phone/Mobile

    Fax/Email

    (f)

    SPECIFICS ON THE MEANS OF TRANSPORT

    6.1

    CONTAINER

    Type

    Number

    Status

    Seals Number

    Size

    (g)

    6.2

    ROAD

    Type

    Registration type

    Nationality

    Brand

    License Plate

    Colour

    Printed Names or Logos

    Seals number

    (h)

    6.3

    SMALL VESSEL

    Type

    Name

    Flag

    Port of registry

    Length

    Unit of length

    Tonnage ICT GT

    Colour

    Vessel Registration type

    Vessel Registration Number

    (i)

    6.4

    COMMERCIAL VESSEL

    Type

    Name

    Flag

    Vessel Registration Type

    Vessel Registration Number

    (j)

    6.5

    RAIL

    Type

    Train Number

    Company

    Nationality

    Wagon Number

    Seals number

    (k)

    6.6

    AIR

    Type

    Flight Nr

    Transport type

    Airline

    Registration number

    Carrier

    License plate

    MRN

    Handling

    Seals number

    6.7

    COURIER — POST

    Type

    Flight Nr

    Carrier

    License plate

    MRN

    (l)

    ROUTING

    Step

    Date

    Country

    Place

    Location Type

    Latitude

    Longitude

    Means of Transport

    (m)

    SPECIFICS ON THE COMMODITIES

    Commodity Status

    Commodity Type

    Description

    Category

    HS/CN/Taric Code (6, 8, 10 Digits)

    Customs Procedure

    Total Amount Invoiced

    Currency

    Converted amount (EUR)

    Brand

    Manufacturer

    Quantity

    Unit

    Gross weight

    Volume

    Net weight

    Labels/Warnings (Affixed)

    Warning

    8.1

    ADDITIONAL FIELDS FOR TOBACCO

    Product Type

    8.2

    ADDITIONAL FIELDS FOR DRUG PRECURSORS

    Drug Type

    Quantity

    Unit

    Logos

    8.3

    ADDITIONAL FIELDS FOR CASH

    Intended Use

    Provenance

    Amount

    Types of Cash

    Quantity

    (n)

    INFORMATION RELATING TO SEIZURE, DETENTION OR CONFISCATION

    Status

    Date

    Country

    Location Type

    Place of Seizure

    Latitude

    Longitude

    Modus Operandi

    Concealment Type

    Concealment Details

    Service

    (o)

    ACTION

    Requested action

    Reason for action

    Suspected Modus Operandi

    Suspected Concealment Type

    Taken Action

    Date

    (p)

    RISK INDICATORS

    (q)

    COMMENT SECTION

    Comment

    (r)

    ATTACHMENT OF RELEVANT DOCUMENTS

    Reference

    (s)

    SPECIFICS ON FRAUD TRENDS

    (t)

    SPECIFICS ON AVAILABILITY OF EXPERTISE


    (1)  This item cannot be completed if it is thereby possible to identify a natural person.


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