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1. Without prejudice to the competences of the Member States and with a view to assisting the authorities referred to in Article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation, and means of transport, including containers, used for that purpose, the Commission shall establish and manage a directory of data reported by carriers (‘transport directory’). The transport directory shall be directly accessible to those authorities. They may use the transport directory, including for the analysis of data and the exchange of information, only for the purposes of this Regulation.

2. In managing the transport directory, the Commission shall be empowered:

(a) to access or extract and store the contents of the data, by any means or in any form, and to use data in compliance with legislation applicable to intellectual property rights. The Commission shall put in place adequate safeguards, including technical and organisational measures and transparency requirements relating to data subjects. Data subjects shall have the right to access and correct data;

(b) to compare and contrast data that are accessible in or extracted from the transport directory, to index them and to enrich them from other data sources and to analyse them in compliance with Regulation (EC) No 45/2001 of the European Parliament and of the Council ();

(c) to make the data in the transport directory available to the authorities referred to in Article 29 of this Regulation, using electronic data-processing techniques.

3. The data referred to in this Article concern in particular movements of containers and/or means of transport and goods and persons concerned with those movements. Those shall include, where available, the following data:

(a) for movements of containers:

— container number,

— container loading status,

— date of movement,

— type of movement (loaded, unloaded, transhipped, entered, left, etc.),

— name of vessel or registration of means of transport,

— number of voyage/journey,

— place,

— freight bill or other transport document;

(b) for movements of means of transport:

— name of vessel or registration of means of transport,

— freight bill or other transport document,

— number of containers,

— weight of load,

— description and/or coding of goods,

— reservation number,

— seal number,

— place of first loading,

— place of final unloading,

— places of transhipment,

— expected date of arrival at place of final unloading;

(c) for persons involved in the movements to which points (a) and (b) apply: the name, maiden name, forenames, former surnames, aliases, date and place of birth, nationality, sex and address;

(d) for businesses involved in the movements to which points (a) and (b) apply: the business name, trading name, address of the business, registration number, VAT identification number and excise duties identification number and address of the owners, shippers, consignees, freight forwarders, carriers and other intermediaries or persons involved in the international supply chain.

4. For the movement of containers referred to in paragraph 3 of this Article, the Commission shall establish and manage a directory of reported Container Status Messages (‘CSM directory’). The CSM directory shall be directly accessible to the authorities referred to in Article 29. The carriers referred to in paragraph 1 of this Article that store data on the movement and status of containers or have such data stored on their behalf shall report Container Status Messages (CSMs) to the customs authorities of Member States in either of the following situations:

(a) containers destined to be brought by maritime vessel into the customs territory of the Union from a third country, excluding:

— containers destined to remain on board the same maritime vessel during its voyage and to leave the customs territory of the Union on board that maritime vessel; and — containers destined to be unloaded and reloaded onto the same maritime vessel during its voyage in order to enable the unloading or loading of other goods and to leave the customs territory of the Union on board that maritime vessel;

(b) for shipments of goods in containers leaving the customs territory of the Union to a third country by maritime vessel and falling within the scope of:

— Article 2 of Council Directive 92/84/EEC ();

— Article 2 of Council Directive 2011/64/EU (); or — Article 2(1) of Council Directive 2003/96/EC ().

Data shall be transmitted by the carriers directly to the CSM directory.

5. CSMs shall be reported:

(a) from the moment when the container was reported empty before being brought into or before leaving the customs territory of the Union until the container is again reported empty;

(b) for at least three months prior to the physical arrival to the customs territory of the Union until one month after the entry into the customs territory of the Union, in cases where specific CSMs needed to identify the relevant empty container events are not available in the carriers' electronic records; or (c) for at least three months after exit from the customs territory of the Union, in cases where specific CSMs needed to identify the relevant empty container events are not available in the carriers' electronic records.

6. The carriers shall report CSMs for the following or equivalent events, in so far as these are known to the reporting carrier and the data for such events have been generated, collected or maintained in their electronic records:

— confirmation of booking,

— arrival at a loading or unloading facility,

— departure from a loading or unloading facility,

— loading onto or unloading from a conveyance,

— instruction of stuffing or stripping,

— confirmation of stuffing or stripping,

— intra-terminal movements,

— terminal gate inspection,

— sending for heavy repair. Each Member State shall provide for penalties for failure to comply with the obligation to provide data or for providing incomplete or false data. Such penalties shall be effective, proportionate and dissuasive.

7. Within the Commission, only designated analysts shall be empowered to process personal data to which points (b) and (c) of paragraph 2 apply. Personal data which are not necessary for detecting the movement of goods as referred to in paragraph 1 shall be deleted immediately or have any identifying factors removed. In any event, they may be stored for no more than three years.

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.

8. Data received from carriers shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than five years.

9. The Commission and the Member States shall protect confidential business information received from carriers. The Commission and the 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 CSM directory are complied with.