Decision 2009/917/JHA is amended as follows:

in Article 1, paragraph 2 is replaced by the following:

‘2. The purpose of the Customs Information System, in accordance with this Decision, shall be to assist the competent authorities of the Member States with the prevention, investigation, detection or prosecution of criminal offences under national laws, by making information available more rapidly, thereby increasing the effectiveness of the cooperation and control procedures of the customs administrations of the Member States.’

Article 2 is amended as follows:

point (2) is replaced by the following:

“personal data” means personal data as defined in Article 3, point (1), of Directive (EU) 2016/680 of the European Parliament and of the Council ( *1 ) ;

( *1 ) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA ( OJ L 119, 4.5.2016, p. 89 ).’;"

the following point is added:

“national supervisory authority” means a supervisory authority as defined in Article 3, point (15), of Directive (EU) 2016/680.’;

in Article 3(1), the introductory wording is replaced by the following:

‘The Customs Information System shall consist of a central database facility, accessible through terminals in each Member State. It shall comprise exclusively data necessary to achieve its purpose as stated in Article 1(2), including personal data, in the following categories:’;

Article 4 is amended as follows:

paragraph 1 is replaced by the following:

‘1. Member States shall determine the items to be entered into the Customs Information System relating to each of the categories referred to in Article 3(1), to the extent that this is necessary to achieve the purpose of that system. No items of personal data shall be entered in any event within the category set out in Article 3(1), point (e).’

paragraph 5 is replaced by the following:

‘5. In no case shall the special categories of personal data referred to in Article 10 of Directive (EU) 2016/680 be entered into the Customs Information System.’

in Article 5, paragraph 2 is replaced by the following:

‘2. For the purpose of the actions referred to in paragraph 1, personal data in any of the categories referred to in Article 3(1) may be entered into the Customs Information System only if there are reasonable grounds, in particular on the basis of prior illegal activities, to suggest that the person concerned has committed, is in the act of committing or will commit a criminal offence under national laws.’

Article 7 is amended as follows:

paragraph 1 is replaced by the following:

‘1. Direct access to data entered into the Customs Information System shall be reserved to the national authorities designated by each Member State. Those national authorities shall be customs administrations, but may also include other authorities competent, according to the laws, regulations and procedures of the Member State in question, to act in order to achieve the purpose stated in Article 1(2).’

paragraph 3 is deleted;

Article 8 is amended as follows:

paragraphs 1 and 2 are replaced by the following:

‘1. The national authorities designated by each Member State in accordance with Article 7, Europol and Eurojust may process personal data obtained from the Customs Information System in order to achieve the purpose stated in Article 1(2), in accordance with Union or national law applicable to the protection of personal data with the prior authorisation of, and subject to compliance with any conditions imposed by, the designated national authorities of the Member State which entered the personal data into that system.

The national authorities designated by each Member State, Europol and Eurojust may process non-personal data obtained from the Customs Information System in order to achieve the purpose stated in Article 1(2) or for other purposes, including administrative ones, in compliance with any conditions imposed by the designated national authorities of the Member State which entered the non-personal data in that system.

2. Without prejudice to paragraphs 1 and 4 of this Article and Articles 11 and 12, data obtained from the Customs Information System shall only be used by national authorities in each Member State designated by the Member State in question, which are competent, in accordance with the laws, regulations and procedures of that Member State, to act in order to achieve the purpose stated in Article 1(2).’

paragraph 4 is replaced by the following:

‘4. Personal data obtained from the Customs Information System may, with the prior authorisation of, and subject to compliance with any conditions imposed by, the designated national authorities of the Member State which entered that data into that system, be:

transmitted to, and further processed by, national authorities other than those designated under paragraph 2, in accordance with Union or national law applicable to the protection of personal data; or

transferred to, and further processed by, the competent authorities of third countries and international or regional organisations, in accordance with Union or national law applicable to the protection of personal data.

Non-personal data obtained from the Customs Information System may be transferred to, and further processed by national authorities other than those designated under paragraph 2, third countries, and international or regional organisations, in compliance with any conditions imposed by the designated national authorities of the Member State which entered the non-personal data in that system.’

in Article 13, paragraph 5 is replaced by the following:

‘5. Subject to this Decision, where in any Member State a court, or other competent authority within that Member State, makes a final decision as to the amendment, supplementation, rectification or erasure of data in the Customs Information System, the Member States undertake mutually to enforce such a decision. In the event of conflict between such decisions of courts or of other competent authorities in different Member States, including of the national supervisory authorities, concerning rectification or erasure, the Member State which entered the data in question shall erase them from that system.’

Article 14 is replaced by the following:

REGULATION (EU) 2024/868 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 March 2024 amending Council Decision 2009/917/JHA as regards its alignment with Union rules on the protection of personal data