(6)

the following Articles are inserted: ‘Article 18d 1. The Commission shall establish and manage a directory (“import, export and transit directory”) containing data on: (a) import of goods; (b) transit of goods; and (c) export of goods, to the extent that the goods referred to in this point fall within the scope of: (i) Article 2 of Directive 92/84/EEC; (ii) Article 2 of Directive 2011/64/EU; or (iii) Article 2(1) of Directive 2003/96/EC. The import, export and transit directory shall be maintained as detailed in Annexes 37 and 38 to Commission Regulation (EEC) No 2454/93 (13). The Commission shall systematically replicate data from the sources operated by the Commission on the basis of Regulation (EU) No 952/2013 into the import, export and transit directory. The Member States may supply to the Commission data concerning the transit of goods within a Member State and direct export, depending on the availability of data and Member States' information technology infrastructure. The departments designated by the Commission and the national authorities referred to in Article 29 of this Regulation may use the import, export and transit directory to analyse data and compare data in the import, export and transit directory with CSMs reported under the CSM directory, and may exchange information on the results, for the purposes of this Regulation. 2. The import, export and transit directory shall be accessible to the national authorities referred to in Article 29 of this Regulation. Within the Commission, only designated analysts shall be empowered to process data contained in the import, export and transit directory. Member States shall have direct access to: (a) data on all declarations established and lodged in the Member State concerned; (b) data pertaining to economic operators with an EORI number provided for in Regulation (EEC) No 2454/93 and assigned by the authorities of that Member State; (c) transit data; (d) all other data except personal data referred to in Article 41b(2) of this Regulation. The competent authorities having entered data in the Customs Information System referred to in Article 23(1) of this Regulation, or data from an investigation file in the Customs files identification database referred to in Article 41a(1) of this Regulation in accordance with Article 41b of this Regulation, shall have access to all data in the import, export and transit directory pertaining to that entry or that investigation file. 3. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Commission in the context of data included in the import, export and transit directory. The Commission shall be considered as a controller within the meaning of point (d) of Article 2 of Regulation (EC) No 45/2001. The import, export and transit directory shall be subject to prior checking by the European Data Protection Supervisor in accordance with Article 27 of Regulation (EC) No 45/2001. Data contained in the import, export and transit directory may not be stored for more than five years, with an additional period of two years, if justified. 4. The import, export and transit directory shall not include the special categories of data within the meaning of Article 10(5) of Regulation (EC) No 45/2001. The Commission shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or any other unauthorised form of processing. 5. The Commission and the Member States shall protect confidential business information. The Commission and Member States shall apply the highest technical, organisational and personnel security rules of professional secrecy or other equivalent duties of confidentiality to their designated experts in accordance with national and Union law. The Commission and the Member States shall ensure that requests from other Member States for confidential treatment of information exchanged by means of the import, export and transit directory are complied with. Article 18e The Commission may request a Member State to provide documents which support import and export declarations and for which supporting documents have been generated or collected by economic operators, with respect to investigations related to the implementation of customs legislation. The request referred to in the first paragraph shall be addressed to the competent authorities. When more than one competent authority is designated by a Member State, the Member State shall specify the administrative department responsible for answering the request by the Commission. A Member State shall, within a period of four weeks starting from the receipt of the request by the Commission: — provide the requested documentation; subject to justification, within an additional period of six weeks, — notify the Commission that the request was impossible to satisfy due to the failure of the economic operator to provide the requested information, or — decline the request as a consequence of a decision taken by that Member State's administrative or judicial authority according to Article 3. (13) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).’;"