Prováděcí nařízení Komise (EU) 2026/1144 ze dne 28. května 2026, kterým se zavádějí ustanovení o elektronických povoleních pro vývoz kulturních statků podle nařízení Rady (ES) č. 116/2009 a kterým se zrušuje prováděcí nařízení Komise (EU) č. 1081/2012

Identifier:
32026R1144
Status:
effective
Text language:
en

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goodsOJ L 39, 10.2.2009, p. 1 , ELI: http://data.europa.eu/eli/reg/2009/116/oj. , and in particular Article 7 thereof,

After consulting the Cultural Goods Committee,

For the purposes of this Regulation, the following definitions shall apply:

OJ L 39, 10.2.2009, p. 1 , ELI: http://data.europa.eu/eli/reg/2009/116/oj.

(1) Detailed arrangements are necessary to implement Regulation (EC) No 116/2009, which provides, inter alia, for the establishment of an export licensing system for certain categories of cultural goods listed in Annex I to that Regulation.

(2) Regulation (EC) No 116/2009 does not specify whether the export licences should be applied for, processed and issued on paper or electronically.

(3) Commission Implementing Regulation (EU) No 1081/2012Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods (OJ L 324, 22.11.2012, p. 1 , ELI: http://data.europa.eu/eli/reg_impl/2012/1081/oj). requires export licences to be drawn up and issued on a paper form. This goes against the current trend in the Union, where the majority of Member States administrations and authorities have digitalised or are in the process of digitalising their services to citizens, by issuing and using electronic certification. The development of varying electronic solutions for export licences in an increasing number of Member States, while other Member States still issue them on paper, could be detrimental to the uniform implementation of Regulation (EC) No 116/2009 across the Union.

(4) Setting up an electronic system to apply for, process and issue export licences would be in line with the objectives of the EU eGovernment Action Plan 2016-2020Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU eGovernment Action Plan 2016-2020 – Accelerating the digital transformation of government (COM(2016) 179 final) of 19 April 2016 , available online in https://ec.europa.eu/isa2/sites/default/files/docs/publications/eu-egovernment-action-plan-2016-2020_en.pdf. , which seeks to increase the efficiency of public services by removing existing digital barriers, reducing administrative burden and improving the quality of interactions between national administrations. It would be also consistent with the Tallinn DeclarationTallinn Declaration on eGovernment at the ministerial meeting during the Estonian Presidency of the Council of the EU on 6 October 2017 , available online at: https://ec.europa.eu/newsroom/dae/redirection/document/47559. , which sets objectives for interaction between the public administrations and general public and businesses on the basis of the digital-by-default, once-only and interoperability by default principles.

(5) A paper-based system for issuing export licences only allows limited tracing of the use of an export licence after it has been issued and paper export licences are vulnerable to forgery. To address this vulnerability, and also to improve efficiency and administrative cooperation between the authorities competent to apply Regulation (EC) No 116/2009 in the Member States, the paper-based system for submitting, processing and issuing export licences should be replaced by an electronic one.

(6) Regulation (EU) 2019/880 of the European Parliament and of the CouncilRegulation (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). provides for the establishment of a centralised electronic system for the import of cultural goods into the Union customs territory (ICG system) for storing and exchanging information between the competent authorities and customs authorities of the Member States and for importers to fulfil certain formalities, such as applying for import licences or drawing up importer statements. Cultural goods located within the Union customs territory should be granted the same level of protection as that granted by the ICG system to the cultural heritage of third countries.

(7) Therefore, and to ensure that electronic export licences under Regulation (EC) No 116/2009 are used in an uniform manner throughout the Union, it is necessary to lay down a centralised electronic system which the Member States competent authorities should use for receiving and processing applications for export licences and issuing such licences, and to lay down arrangements for the functioning of that electronic system and the use of electronic export licences.

(8) Member States customs authorities should have access to that system to carry out controls of export licences at the external borders of the Union and to cooperate with the competent authorities, if necessary. To achieve this objective, the electronic system for export licences should be interconnected with the European Union Single Window Environment for Customs established by Regulation (EU) 2022/2399 of the European Parliament and of the CouncilRegulation (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 , ELI: http://data.europa.eu/eli/reg/2022/2399/oj). .

(9) In order to eliminate unnecessary administrative burden, it is required to lay down provisions for open export licences for the temporary export of cultural goods by responsible persons or museums and similar institutions for use, study, conservation or exhibition in third countries.

(10) Member States that wish to take advantage of such facilitation should be able to do so in relation to their own cultural goods, persons and museums. Beyond certain minimum requirements for open licences set out in this Regulation, the conditions to be fulfilled could differ from Member State to Member State. The Member States should therefore be able to choose whether to issue open licences or not.

(1) the ECG system means the electronic system for the export of cultural goods;

(11) Implementing Regulation (EU) No 1081/2012 should therefore be repealed and replaced by this Regulation.

(12) The application of these new provisions should be deferred in order to coincide with the time at which the electronic system for export licences becomes operational.

(13) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the CouncilRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39 , ELI: http://data.europa.eu/eli/reg/2018/1725/oj). and delivered an opinion on 18 December 2025 ,

(2) person means a natural person, a legal person, or any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts;

(3) museum or similar institution means an entity established for the purpose of preserving cultural heritage and of providing access to such cultural heritage to the public;

(4) EORI number means the Economic Operators Registration and Identification number, as defined in Article 1, point (18), of Commission Delegated Regulation (EU) 2015/2446Commission 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, ELI: http://data.europa.eu/eli/reg_del/2015/2446/oj). ;

(5) Traces means the system referred to in Article 4, point (51), of Regulation (EU) 2016/429 of the European Parliament and of the CouncilRegulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) (OJ L 84, 31.3.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/429/oj). .

Persons who seek to export cultural goods from the Union customs territory shall apply through the ECG system to the competent authority referred to in Article 2(2), first subparagraph, points (a) and (b), of Regulation (EC) No 116/2009, for an export licence of one of the following types:

(a) Standard licence;

(b) Specific open licence;

(c) General open licence.

A standard licence shall be used for each export subject to Regulation (EC) No 116/2009, except in the cases provided for in paragraphs 3 and 4.

However, each individual Member State concerned may decide whether or not to issue any specific or general open licences which may be used instead if the specific conditions relating to them are fulfilled as set out in Articles 5 and 6.

A specific open licence shall cover the repeated temporary export of a specific cultural good by a person as set out in Article 5.

A general open licence shall cover the temporary export of any of the cultural goods that form part of the permanent collection of a museum or similar institution, as set out in Article 6.

A competent authority may revoke any standard, specific or general open licence it has issued at any time within their period of validity if the conditions under which it was issued are no longer met. The other competent authorities shall be alerted immediately through the ECG system to prevent the irregular use of such export licence.

The export licence shall be issued by the competent authority in the ECG system and shall: The use of the export licences referred to in paragraph 1 shall in no way affect obligations connected with export formalities or related documents.

(a) be signed with the electronic seal of the competent authority;

(b) make use of qualified electronic time stamps to certify the date of issuance;

(c) indicate the licence holder’s EORI number.

Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods (OJ L 324, 22.11.2012, p. 1 , ELI: http://data.europa.eu/eli/reg_impl/2012/1081/oj).

Article 1 Article 1 Definitions

Article 2 Article 2 Types and common rules for export licences 1.Persons who seek to export cultural goods from the Union customs territory shall apply through the ECG system to the competent authority referred to in Article 2(2), first subparagraph, points (a) and (b), of Regulation (EC) No 116/2009, for an export licence of one of the following types: (a) Standard licence;(b) Specific open licence;(c) General open licence. 2.A standard licence shall be used for each export subject to Regulation (EC) No 116/2009, except in the cases provided for in paragraphs 3 and 4. However, each individual Member State concerned may decide whether or not to issue any specific or general open licences which may be used instead if the specific conditions relating to them are fulfilled as set out in Articles 5 and 6. 3.A specific open licence shall cover the repeated temporary export of a specific cultural good by a person as set out in Article 5. 4.A general open licence shall cover the temporary export of any of the cultural goods that form part of the permanent collection of a museum or similar institution, as set out in Article 6. 5.A competent authority may revoke any standard, specific or general open licence it has issued at any time within their period of validity if the conditions under which it was issued are no longer met. The other competent authorities shall be alerted immediately through the ECG system to prevent the irregular use of such export licence. 6.The export licence shall be issued by the competent authority in the ECG system and shall: (a) be signed with the electronic seal of the competent authority;(b) make use of qualified electronic time stamps to certify the date of issuance;(c) indicate the licence holder’s EORI number.The use of the export licences referred to in paragraph 1 shall in no way affect obligations connected with export formalities or related documents.

Article 3 Article 3 Export licences for cultural goods for which an import licence has been previously issued

Article 4 Article 4 Standard licence 1.Each consignment of cultural goods shall be covered by a separate export licence, except as provided for in paragraph 3. 2.For the purposes of paragraph 1, a consignment shall mean one or more cultural goods which are dispatched simultaneously from one exporter to one consignee and are covered by the same customs declaration for export. 3.Where a consignment consists of a number of cultural goods, it is for the competent authority to determine whether one or several export licences shall be issued for the consignment in question. 4.The application for an export licence shall be lodged with the competent authorities designated by the Member States pursuant to Article 2(2) of Regulation (EC) No 116/2009 and shall be accompanied by the information referred to in Annex I to this Regulation and any relevant information and documentation on the provenance of the cultural object and its legal status at the time when the application is made. 5.The competent authority may require, for the purposes of issuing an export licence, that the cultural good to be exported is made available to them for physical inspection. 6.The applicant shall bear any costs incurred with their application in accordance with paragraphs 4 and 5. 7.The period of validity of an export licence shall not exceed 12 months from the date of issuance, except in the cases provided for in Articles 5 and 6. 8.In the case of an application for temporary exportation, the competent authority may specify the time limit within which the cultural good is to be reimported into the issuing Member State. 9.Where the competent authority rejects the application for an export licence, it shall communicate its decision, together with a statement of reasons and information on the appeal procedure, to the applicant via the ECG system, without delay. 10.Standard licences shall be issued following the template set out in Annex I.

Article 5 Article 5 Specific open licence 1.A specific open licence may be issued for a cultural good which is intended to be temporarily exported from the Union customs territory on a regular basis for use, study, conservation or exhibition in a third country. The cultural good must be owned by, or be in the legitimate possession of the person that applies for the specific open licence. 2.A specific open licence may only be issued to a person provided that the competent authority is convinced that they offer all the guarantees considered necessary for the good to be returned in good condition to the Union and that the cultural good is described or marked in such a way that, at the moment of temporary export, there is no doubt that the cultural good being exported from the Union customs territory is the one described in the specific open licence. 3.Specific open licences shall be issued following the template set out in Annex II to this Regulation. 4.A specific open licence shall set out the time period for which it is to remain valid. This validity period may not exceed five years.

Article 6 Article 6 General open licence 1.A general open licence may be issued to museums or similar institutions to allow the temporary export of any of the goods that belong to their permanent collection that are intended to be temporarily exported from the Union customs territory on a regular basis for exhibition in a third country. 2.A licence may only be issued if the competent authorities are convinced that the institution offers all the guarantees considered necessary for the good to be returned in good condition to the Union. The licence may be used to cover any combination of cultural goods from their permanent collection at any one occasion of temporary export It may be used to cover a series of different combinations of cultural goods either consecutively or concurrently. 3.General open licences shall be issued following the template set out in Annex III to this Regulation. 4.A general open licence shall indicate the period for which it is to remain valid. This validity period may not exceed five years.

Article 7 Article 7 Use of the EORI number

Article 8 Article 8 Use of the ECG system

Article 9 Article 9 Deployment of the ECG system

Article 10 Article 10 Contact points for the ECG system

Article 11 Article 11 Contingency arrangements 1.The ECG system contact points shall maintain an online public repository containing a writeable electronic template of all export licences that may be issued in the ECG system. 2.Where the ECG system, or one of its functionalities, is unavailable for more than eight consecutive hours, users may use the writeable electronic template referred to in paragraph 1. 3.Once the ECG system or the unavailable functionality become available again, operators shall use the documents created in accordance with paragraph 2 to record the same information in the system.

Article 12 Article 12 Joint controllership 1.The Commission and the Member States shall be regarded as data controllers of the processing of personal data necessary for the establishment, operation and use of the ECG system. 2.The Commission shall be responsible for: (a) determining and implementing the technical means in the ECG system to inform data subjects and enable them to exercise their rights;(b) ensuring the security of processing;(c) determining the categories of its staff and external providers to whom access to the system may be granted;(d) notifying and communicating any personal data breach of the ECG system to the European Data Protection Supervisor, pursuant to Article 34 of Regulation (EU) 2018/1725 and to the data subjects pursuant to Article 35 of that Regulation, respectively;(e) ensuring that its staff and external providers are adequately trained to perform their tasks within the ECG system in accordance with Regulation (EU) 2018/1725. 3.Member States shall be responsible for: (a) ensuring that the data subjects rights are exercised in compliance with Regulation (EU) 2016/679 of the European Parliament and of the CouncilRegulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/679/oj). and with this Regulation;(b) ensuring the security and confidentiality of personal data pursuant to Section 2 of Chapter IV of Regulation (EU) 2016/679;(c) designating the staff and experts that are to have access to the ECG system;(d) ensuring that staff and experts accessing the ECG system are adequately trained to perform their tasks in accordance with Regulation (EU) 2016/679 and, where relevant, with Directive (EU) 2016/680 of the European Parliament and of the CouncilDirective (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 , ELI: http://data.europa.eu/eli/dir/2016/680/oj). . 4.The Commission and the Member States shall enter into a joint controllership arrangement in the form of an agreement at the latest on 18 June 2029 , and in any case before the date from which this Regulation applies in accordance with Article 15, second paragraph. 5.The ECG system shall store personal data obtained pursuant to Articles 4, 5 and 6 for a maximum period of 10 years from the date on which the data were introduced into the ECG system. Those personal data shall be erased upon the expiry of that period.

Article 13 Article 13 Establishment of the ECG system

Article 14 Article 14 Repeal

Article 15 Article 15 Entry into force and application

Competent authorities receiving export licence applications for cultural goods that are within the scope of Regulation (EC) No 116/2009 and also within the scope of Regulation (EU) 2019/880 for which an import licence has been previously issued or an importer statement has been drawn up in accordance with the provisions of the latter Regulation shall take into consideration, as far as possible, the information contained in that licence or in that statement and avoid any undue burden or delay in issuing the export licence.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU eGovernment Action Plan 2016-2020 – Accelerating the digital transformation of government (COM(2016) 179 final) of 19 April 2016 , available online in https://ec.europa.eu/isa2/sites/default/files/docs/publications/eu-egovernment-action-plan-2016-2020_en.pdf.

Each consignment of cultural goods shall be covered by a separate export licence, except as provided for in paragraph 3.

For the purposes of paragraph 1, a consignment shall mean one or more cultural goods which are dispatched simultaneously from one exporter to one consignee and are covered by the same customs declaration for export.

Where a consignment consists of a number of cultural goods, it is for the competent authority to determine whether one or several export licences shall be issued for the consignment in question.

The application for an export licence shall be lodged with the competent authorities designated by the Member States pursuant to Article 2(2) of Regulation (EC) No 116/2009 and shall be accompanied by the information referred to in Annex I to this Regulation and any relevant information and documentation on the provenance of the cultural object and its legal status at the time when the application is made.

The competent authority may require, for the purposes of issuing an export licence, that the cultural good to be exported is made available to them for physical inspection.

The applicant shall bear any costs incurred with their application in accordance with paragraphs 4 and 5.

The period of validity of an export licence shall not exceed 12 months from the date of issuance, except in the cases provided for in Articles 5 and 6.

In the case of an application for temporary exportation, the competent authority may specify the time limit within which the cultural good is to be reimported into the issuing Member State.

Where the competent authority rejects the application for an export licence, it shall communicate its decision, together with a statement of reasons and information on the appeal procedure, to the applicant via the ECG system, without delay.

Standard licences shall be issued following the template set out in Annex I.

Tallinn Declaration on eGovernment at the ministerial meeting during the Estonian Presidency of the Council of the EU on 6 October 2017 , available online at: https://ec.europa.eu/newsroom/dae/redirection/document/47559.

A specific open licence may be issued for a cultural good which is intended to be temporarily exported from the Union customs territory on a regular basis for use, study, conservation or exhibition in a third country. The cultural good must be owned by, or be in the legitimate possession of the person that applies for the specific open licence.

A specific open licence may only be issued to a person provided that the competent authority is convinced that they offer all the guarantees considered necessary for the good to be returned in good condition to the Union and that the cultural good is described or marked in such a way that, at the moment of temporary export, there is no doubt that the cultural good being exported from the Union customs territory is the one described in the specific open licence.

Specific open licences shall be issued following the template set out in Annex II to this Regulation.

A specific open licence shall set out the time period for which it is to remain valid. This validity period may not exceed five years.

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).

A general open licence may be issued to museums or similar institutions to allow the temporary export of any of the goods that belong to their permanent collection that are intended to be temporarily exported from the Union customs territory on a regular basis for exhibition in a third country.

A licence may only be issued if the competent authorities are convinced that the institution offers all the guarantees considered necessary for the good to be returned in good condition to the Union. The licence may be used to cover any combination of cultural goods from their permanent collection at any one occasion of temporary export It may be used to cover a series of different combinations of cultural goods either consecutively or concurrently.

General open licences shall be issued following the template set out in Annex III to this Regulation.

A general open licence shall indicate the period for which it is to remain valid. This validity period may not exceed five years.

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 , ELI: http://data.europa.eu/eli/reg/2022/2399/oj).

Persons who apply for an export licence shall use an EORI number to identify themselves, in accordance with Articles 3, 4 and 6 of Delegated Regulation (EU) 2015/2446.

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39 , ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

Applications for export licences under Regulation (EC) No 116/2009 and this Regulation shall be submitted and processed by means of the ECG system. The decisions on those applications shall also be processed by means of the ECG system.

The ECG system shall also be used for the storage and exchange of information between competent authorities and customs authorities of the Member States for the purpose of administrative cooperation.

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, ELI: http://data.europa.eu/eli/reg_del/2015/2446/oj).

The Commission shall:

(a) develop the ECG system as an independent module of Traces;

(b) ensure the functioning, maintenance, support and any necessary update or development of the ECG system;

(c) have access to all data, information and documents of the ECG system for the purpose of producing annual reports and for the development, functioning and maintenance of the system;

(d) ensure the interconnection between the ECG system and the European Union Single Window Environment for Customs established by Regulation (EU) 2022/2399.

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) (OJ L 84, 31.3.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/429/oj).

The Commission shall designate a contact point for the ECG system, for the purpose of exchanging information with the Member States, to ensure a coordinated development, operation and maintenance of that electronic system.

Each Member State shall designate a contact point for the ECG system, for the purpose of exchanging information with the Commission, to ensure a coordinated development, operation and maintenance of that electronic system.

The Commission contact point shall maintain and keep up to date a list of all contact points and make it available to the other contact points.

Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/679/oj).

The ECG system contact points shall maintain an online public repository containing a writeable electronic template of all export licences that may be issued in the ECG system.

Where the ECG system, or one of its functionalities, is unavailable for more than eight consecutive hours, users may use the writeable electronic template referred to in paragraph 1.

Once the ECG system or the unavailable functionality become available again, operators shall use the documents created in accordance with paragraph 2 to record the same information in the system.

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 , ELI: http://data.europa.eu/eli/dir/2016/680/oj).

The Commission and the Member States shall be regarded as data controllers of the processing of personal data necessary for the establishment, operation and use of the ECG system.

The Commission shall be responsible for:

(a) determining and implementing the technical means in the ECG system to inform data subjects and enable them to exercise their rights;

(b) ensuring the security of processing;

(c) determining the categories of its staff and external providers to whom access to the system may be granted;

(d) notifying and communicating any personal data breach of the ECG system to the European Data Protection Supervisor, pursuant to Article 34 of Regulation (EU) 2018/1725 and to the data subjects pursuant to Article 35 of that Regulation, respectively;

(e) ensuring that its staff and external providers are adequately trained to perform their tasks within the ECG system in accordance with Regulation (EU) 2018/1725.

Member States shall be responsible for:

(a) ensuring that the data subjects rights are exercised in compliance with Regulation (EU) 2016/679 of the European Parliament and of the CouncilRegulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/679/oj). and with this Regulation;

(b) ensuring the security and confidentiality of personal data pursuant to Section 2 of Chapter IV of Regulation (EU) 2016/679;

(c) designating the staff and experts that are to have access to the ECG system;

(d) ensuring that staff and experts accessing the ECG system are adequately trained to perform their tasks in accordance with Regulation (EU) 2016/679 and, where relevant, with Directive (EU) 2016/680 of the European Parliament and of the CouncilDirective (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 , ELI: http://data.europa.eu/eli/dir/2016/680/oj). .

The Commission and the Member States shall enter into a joint controllership arrangement in the form of an agreement at the latest on 18 June 2029 , and in any case before the date from which this Regulation applies in accordance with Article 15, second paragraph.

The ECG system shall store personal data obtained pursuant to Articles 4, 5 and 6 for a maximum period of 10 years from the date on which the data were introduced into the ECG system. Those personal data shall be erased upon the expiry of that period.

The Commission shall establish the ECG system referred to in Article 8 of this Regulation by 2 October 2031 .

Implementing Regulation (EU) No 1081/2012 is repealed. References to the repealed Regulation shall be construed as references to this Regulation.

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 from 2 October 2031 .

HAS ADOPTED THIS REGULATION: