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Document 02012R1024-20220202
Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (the IMI Regulation) (Text with EEA relevance)Text with EEA relevance
Consolidated text: Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (the IMI Regulation) (Text with EEA relevance)Text with EEA relevance
Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (the IMI Regulation) (Text with EEA relevance)Text with EEA relevance
02012R1024 — EN — 02.02.2022 — 006.001
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REGULATION (EU) No 1024/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316 14.11.2012, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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DIRECTIVE 2013/55/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 November 2013 |
L 354 |
132 |
28.12.2013 |
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DIRECTIVE 2014/60/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 |
L 159 |
1 |
28.5.2014 |
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DIRECTIVE 2014/67/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 |
L 159 |
11 |
28.5.2014 |
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REGULATION (EU) 2016/1191 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 2016 |
L 200 |
1 |
26.7.2016 |
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REGULATION (EU) 2016/1628 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 |
L 252 |
53 |
16.9.2016 |
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REGULATION (EU) 2018/1724 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 2 October 2018 |
L 295 |
1 |
21.11.2018 |
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DIRECTIVE (EU) 2020/1057 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 |
L 249 |
49 |
31.7.2020 |
Corrected by:
REGULATION (EU) No 1024/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2012
on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’)
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down rules for the use of an Internal Market Information System (‘IMI’) for administrative cooperation among the IMI actors, including the processing of personal data.
Article 2
Establishment of IMI
IMI is hereby formally established.
Article 3
Scope
IMI shall be used for exchanges of information, including of personal data, among the IMI actors and for the processing of that information for the purposes of either of the following:
administrative cooperation required in accordance with the acts listed in the Annex;
administrative cooperation subject to a pilot project carried out in accordance with Article 4.
Article 4
Expansion of IMI
Article 5
Definitions
For the purposes of this Regulation, the definitions laid down in Directive 95/46/EC and Regulation (EC) No 45/2001 shall apply.
In addition, the following definitions shall also apply:
‘IMI’ means the electronic tool provided by the Commission to facilitate administrative cooperation among the IMI actors;
‘administrative cooperation’ means the collaboration between IMI actors by exchanging and processing information for the purpose of better application of Union law;
‘internal market area’ means a legislative or functional field of the internal market, within the meaning of Article 26(2) TFEU, in which IMI is used in accordance with Article 3 of this Regulation;
‘administrative cooperation procedure’ means a pre-defined workflow provided for in IMI allowing IMI actors to communicate and interact with each other in a structured manner;
‘IMI coordinator’ means a body appointed by a Member State to perform support tasks necessary for the efficient functioning of IMI in accordance with this Regulation;
‘competent authority’ means any body established at either national, regional or local level and registered in IMI with specific responsibilities relating to the application of national law or Union acts listed in the Annex in one or more internal market areas;
‘IMI actors’ means the competent authorities, the IMI coordinators, the Commission and the Union bodies, offices and agencies;
‘IMI user’ means a natural person working under the authority of an IMI actor and registered in IMI on behalf of that IMI actor;
‘external actors’ means natural or legal persons other than IMI users that may interact with IMI only through separate technical means and in accordance with a specific pre-defined workflow provided for that purpose;
‘blocking’ means applying technical means by which personal data become inaccessible to IMI users via the normal interface of IMI;
‘formal closure’ means applying the technical facility provided by IMI to close an administrative cooperation procedure.
CHAPTER II
FUNCTIONS AND RESPONSIBILITIES IN RELATION TO IMI
Article 6
IMI coordinators
Each Member State shall appoint one national IMI coordinator whose responsibilities shall include:
registering or validating registration of IMI coordinators and competent authorities;
acting as the main contact point for IMI actors of the Member States for issues relating to IMI, including providing information on aspects relating to the protection of personal data in accordance with this Regulation;
acting as interlocutor of the Commission for issues relating to IMI including providing information on aspects relating to the protection of personal data in accordance with this Regulation;
providing knowledge, training and support, including basic technical assistance, to IMI actors of the Member States;
ensuring the efficient functioning of IMI as far as it is within their control, including the provision of timely and adequate responses by IMI actors of the Member States to requests for administrative cooperation.
Article 7
Competent authorities
Article 8
Commission
The Commission shall be responsible for carrying out the following tasks:
ensuring the security, availability, maintenance and development of the software and IT infrastructure for IMI;
providing a multilingual system, including existing translation functionalities, training in cooperation with the Member States, and a helpdesk to assist Member States in the use of IMI;
registering the national IMI coordinators and granting them access to IMI;
performing processing operations on personal data in IMI, where provided for in this Regulation, in accordance with the purposes determined by the applicable Union acts listed in the Annex;
monitoring the application of this Regulation and reporting back to the European Parliament, the Council and the European Data Protection Supervisor in accordance with Article 25;
ensuring coordination with Union bodies, offices and agencies and granting them access to IMI.
Article 9
Access rights of IMI actors and users
Article 10
Confidentiality
Article 11
Administrative cooperation procedures
IMI shall be based on administrative cooperation procedures implementing the provisions of the relevant Union acts listed in the Annex. Where appropriate, the Commission may adopt implementing acts for a specific Union act listed in the Annex or for a type of administrative cooperation procedure, setting out the essential technical functionality and the procedural arrangements required to enable the operation of the relevant administrative cooperation procedures, including where applicable the interaction between external actors and IMI as referred to in Article 12. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 24(2).
Article 12
External actors
Technical means may be provided to allow external actors to interact with IMI where such interaction is:
provided for by a Union act;
provided for in an implementing act referred to in Article 11 in order to facilitate administrative cooperation between competent authorities in Member States for the application of the provisions of Union acts listed in the Annex; or
necessary for submitting requests in order to exercise their rights as data subjects in accordance with Article 19.
Any such technical means shall be separate from IMI and shall not enable external actors to access IMI.
CHAPTER III
PROCESSING OF PERSONAL DATA AND SECURITY
Article 13
Purpose limitation
IMI actors shall exchange and process personal data only for the purposes defined in the relevant provisions of the Union acts listed in the Annex.
Data submitted to IMI by data subjects shall only be used for the purposes for which the data were submitted.
Article 14
Retention of personal data
However, if a longer period is provided for in an applicable Union act listed in the Annex, personal data processed in IMI may be retained for a maximum of 18 months after the formal closure of an administrative cooperation procedure.
Article 15
Retention of personal data of IMI users
Article 16
Processing of special categories of data
Article 17
Security
CHAPTER IV
RIGHTS OF DATA SUBJECTS AND SUPERVISION
Article 18
Information to data subjects and transparency
The Commission shall make publicly available in a way which is easily accessible:
information concerning IMI in accordance with Articles 11 and 12 of Regulation (EC) No 45/2001, in a clear and understandable form;
information on the data protection aspects of administrative cooperation procedures in IMI as referred to in Article 11 of this Regulation;
information on exceptions to or limitations of the rights of data subjects as referred to in Article 20 of this Regulation;
types of administrative cooperation procedures, essential IMI functionalities and categories of data that may be processed in IMI;
a comprehensive list of all implementing or delegated acts regarding IMI, adopted pursuant to this Regulation or to another Union act, and a consolidated version of the Annex to this Regulation and its subsequent amendments by other Union acts.
Article 19
Right of access, correction and deletion
Article 20
Exceptions and limitations
Member States shall inform the Commission where they provide for exceptions to, or limitations of, the rights of data subjects set out in this Chapter in national legislation in accordance with Article 13 of Directive 95/46/EC.
Article 21
Supervision
▼M6 —————
CHAPTER V
GEOGRAPHIC SCOPE OF IMI
Article 22
National use of IMI
A Member State may use IMI for the purpose of administrative cooperation between competent authorities within its territory, in accordance with national law, only where the following conditions are satisfied:
no substantial changes to the existing administrative cooperation procedures are required;
a notification of the envisaged use of IMI has been submitted to the National Supervisory Authority where required under national law; and
it does not have a negative impact on the efficient functioning of IMI for IMI users.
Article 23
Information exchange with third countries
Information, including personal data, may be exchanged in IMI pursuant to this Regulation between IMI actors within the Union and their counterparts in a third country only where the following conditions are satisfied:
the information is processed pursuant to a provision of a Union act listed in the Annex and an equivalent provision in the law of the third country;
the information is exchanged or made available in accordance with an international agreement providing for:
the application of a provision of a Union act listed in the Annex by the third country;
the use of IMI; and
the principles and modalities of that exchange; and
the third country in question ensures adequate protection of personal data in accordance with Article 25(2) of Directive 95/46/EC, including adequate safeguards that the data processed in IMI shall only be used for the purpose for which they were initially exchanged, and the Commission has adopted a decision in accordance with Article 25(6) of Directive 95/46/EC.
CHAPTER VI
FINAL PROVISIONS
Article 24
Committee procedure
Article 25
Monitoring and reporting
Article 26
Costs
Article 27
Repeal
Decision 2008/49/EC is repealed.
Article 28
Effective application
Member States shall take all necessary measures to ensure effective application of this Regulation by their IMI actors.
Article 29
Exceptions
▼M6 —————
Article 30
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
PROVISIONS ON ADMINISTRATIVE COOPERATION IN UNION ACTS THAT ARE IMPLEMENTED BY MEANS OF IMI, REFERRED TO IN ARTICLE 3
1. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market ( 4 ): Chapter VI, Article 39(5), as well as Article 15(7), unless a notification, as provided for in that latter Article, is made in accordance with Directive 98/34/EC.
2. Directive 2005/36/EC of the European Parliament and of the Council ( 5 ): Articles 4a to 4e, Article 8, Article 21a, Article 50, Article 56 and Article 56a.
3. Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare ( 6 ): Article 10(4).
4. Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 November 2011 on the professional cross-border transport of euro cash by road between euro-area Member States ( 7 ): Article 11(2).
5. Commission Recommendation of 7 December 2001 on principles for using ‘SOLVIT’ — the Internal Market Problem Solving Network ( 8 ): Chapters I and II.
6. Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services ( 9 ): Article 4.
7. Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) ( 10 ): Articles 6 and 7, Article 10(3), and Articles 14 to 18.
8. Directive 2014/60/EU of the European Parliament and the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 ( 11 ): Articles 5 and 7.
9. Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 ( 12 ): Articles 14 and 16 and Article 22(1) and (2).
10. Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC ( 13 ): Article 44.
11. 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) ( 14 ): Article 56, Articles 60 to 66 and Article 70(1).
12. Regulation (EU) 2018/1725 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 ( 15 ): Articles 6(4), 15 and 19.
13. Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC ( 16 ): Article 8.
14. Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 ( 17 ): Article 1(14).
( 1 ) 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).
( 2 ) OJ L 178, 17.7.2000, p. 1.
( 3 ) OJ L 364, 9.12.2004, p. 1.
( 4 ) OJ L 376, 27.12.2006, p. 36.
( 5 ) OJ L 255, 30.9.2005, p. 22.
( 6 ) OJ L 88, 4.4.2011, p. 45.
( 7 ) OJ L 316, 29.11.2011, p. 1.
( 8 ) OJ L 331, 15.12.2001, p. 79.
( 9 ) OJ L 18, 21.1.1997, p. 1.
( 10 ) OJ L 159, 28.5.2014, p. 11.
( 11 ) OJ L 159 28.5.2014, p. 1.
( 12 ) OJ L 200, 26.7.2016, p. 1.
( 13 ) OJ L 252, 16.9.2016, p. 53.
( 14 ) OJ L 119, 4.5.2016, p. 1.
( 15 ) OJ L 295, 21.11.2018, p. 39.
( 16 ) OJ L 102, 11.4.2006, p. 35.
( 17 ) OJ L 249, 31.7.2020, p. 49.