What changed, Regulation (EU) No 1024/2012

+ ## CHAPTER I / **GENERAL PROVISIONS**
− ### art_1
+ ### Article 1 — Subject matter
− Article 1
+ ### Article 2 — Establishment of IMI
− ### art_2
− 
− Article 2
+ ### Article 3 — Scope
− ### art_3
− Article 3
− 
+ ### Article 4 — Expansion of IMI
− ### art_4
− 
− Article 4
+ ### Article 5 — Definitions
− ### art_5
− 
− Article 5
+ (a) ‘IMI’ means the electronic tool provided by the Commission to facilitate administrative cooperation between competent authorities of the Member States and between competent authorities of the Member States and the Commission;
− | (a) | ‘IMI’ means the electronic tool provided by the Commission to facilitate administrative cooperation between competent authorities of the Member States and between competent authorities of the Member States and the Commission; |
− | --- | --- |
+ (b) ‘administrative cooperation’ means the working in collaboration of competent authorities of the Member States or competent authorities of the Member States and the Commission, by exchanging and processing information, including through notifications and alerts, or by providing mutual assistance,…
− | (b) | ‘administrative cooperation’ means the working in collaboration of competent authorities of the Member States or competent authorities of the Member States and the Commission, by exchanging and processing information, including through notifications and alerts, or by providing mutual assista…
− | --- | --- |
+ (c) ‘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;
− | (c) | ‘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; |
− | --- | --- |
+ (d) ‘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;
− | (d) | ‘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; |
− | --- | --- |
+ (e) ‘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;
− | (e) | ‘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; |
− | --- | --- |
+ (f) ‘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;
− | (f) | ‘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; |
− | --- | --- |
+ (g) ‘IMI actors’ means the competent authorities, IMI coordinators and the Commission;
− | (g) | ‘IMI actors’ means the competent authorities, IMI coordinators and the Commission; |
− | --- | --- |
+ (h) ‘IMI user’ means a natural person working under the authority of an IMI actor and registered in IMI on behalf of that IMI actor;
− | (h) | ‘IMI user’ means a natural person working under the authority of an IMI actor and registered in IMI on behalf of that IMI actor; |
− | --- | --- |
+ (i) ‘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;
− | (i) | ‘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; |
− | --- | --- |
+ (j) ‘blocking’ means applying technical means by which personal data become inaccessible to IMI users via the normal interface of IMI;
− | (j) | ‘blocking’ means applying technical means by which personal data become inaccessible to IMI users via the normal interface of IMI; |
− | --- | --- |
+ (k) ‘formal closure’ means applying the technical facility provided by IMI to close an administrative cooperation procedure.
− | (k) | ‘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**
− ### art_6
+ ### Article 6 — IMI coordinators
− Article 6
+ (a) registering or validating registration of IMI coordinators and competent authorities;
− | (a) | registering or validating registration of IMI coordinators and competent authorities; |
− | --- | --- |
+ (b) 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;
− | (b) | 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; |
− | --- | --- |
+ (c) 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;
− | (c) | 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; |
− | --- | --- |
+ (d) providing knowledge, training and support, including basic technical assistance, to IMI actors of the Member States;
− | (d) | providing knowledge, training and support, including basic technical assistance, to IMI actors of the Member States; |
− | --- | --- |
+ (e) 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.
− | (e) | 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
− ### art_7
− 
− Article 7
+ ### Article 8 — Commission
− ### art_8
− Article 8
− 
+ (a) ensuring the security, availability, maintenance and development of the software and IT infrastructure for IMI;
− | (a) | ensuring the security, availability, maintenance and development of the software and IT infrastructure for IMI; |
− | --- | --- |
+ (b) 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;
− | (b) | 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; |
− | --- | --- |
+ (c) registering the national IMI coordinators and granting them access to IMI;
− | (c) | registering the national IMI coordinators and granting them access to IMI; |
− | --- | --- |
+ (d) 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;
− | (d) | 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; |
− | --- | --- |
+ (e) 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.
− | (e) | 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. |
− | --- | --- |
+ ### Article 9 — Access rights of IMI actors and users
− ### art_9
− Article 9
− 
+ ### Article 10 — Confidentiality
− ### art_10
− Article 10
− 
+ ### Article 11 — Administrative cooperation procedures
− ### art_11
− 
− Article 11
+ ### Article 12 — External actors
− ### art_12
− 
− Article 12
+ (a) provided for by a Union act;
− | (a) | provided for by a Union act; |
− | --- | --- |
+ (b) 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
− | (b) | 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 |
− | --- | --- |
+ (c) necessary for submitting requests in order to exercise their rights as data subjects in accordance with Article 19.
− | (c) | necessary for submitting requests in order to exercise their rights as data subjects in accordance with Article 19. |
− | --- | --- |
+ ## CHAPTER III / **PROCESSING OF PERSONAL DATA AND SECURITY**
− ### art_13
+ ### Article 13 — Purpose limitation
− Article 13
+ ### Article 14 — Retention of personal data
− ### art_14
− Article 14
− 
+ ### Article 15 — Retention of personal data of IMI users
− ### art_15
− 
− Article 15
− 
− ### art_16
+ ### Article 16 — Processing of special categories of data
− Article 16
+ ### Article 17 — Security
− ### art_17
− 
− Article 17
+ ## CHAPTER IV / **RIGHTS OF DATA SUBJECTS AND SUPERVISION**
− ### art_18
+ ### Article 18 — Information to data subjects and transparency
− Article 18
+ (a) information concerning IMI in accordance with Articles 11 and 12 of Regulation (EC) No 45/2001, in a clear and understandable form;
− | (a) | information concerning IMI in accordance with Articles 11 and 12 of Regulation (EC) No 45/2001, in a clear and understandable form; |
− | --- | --- |
+ (b) information on the data protection aspects of administrative cooperation procedures in IMI as referred to in Article 11 of this Regulation;
− | (b) | information on the data protection aspects of administrative cooperation procedures in IMI as referred to in Article 11 of this Regulation; |
− | --- | --- |
+ (c) information on exceptions to or limitations of the rights of data subjects as referred to in Article 20 of this Regulation;
− | (c) | information on exceptions to or limitations of the rights of data subjects as referred to in Article 20 of this Regulation; |
− | --- | --- |
+ (d) types of administrative cooperation procedures, essential IMI functionalities and categories of data that may be processed in IMI;
− | (d) | types of administrative cooperation procedures, essential IMI functionalities and categories of data that may be processed in IMI; |
− | --- | --- |
+ (e) 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.
− | (e) | 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
− ### art_19
− Article 19
− 
+ ### Article 20 — Exceptions and limitations
− ### art_20
− Article 20
− 
+ ### Article 21 — Supervision
− ### art_21
− 
− Article 21
+ ## CHAPTER V / **GEOGRAPHIC SCOPE OF IMI**
− ### art_22
+ ### Article 22 — National use of IMI
− Article 22
+ (a) no substantial changes to the existing administrative cooperation procedures are required;
− | (a) | no substantial changes to the existing administrative cooperation procedures are required; |
− | --- | --- |
+ (b) a notification of the envisaged use of IMI has been submitted to the National Supervisory Authority where required under national law; and
− | (b) | a notification of the envisaged use of IMI has been submitted to the National Supervisory Authority where required under national law; and |
− | --- | --- |
+ (c) it does not have a negative impact on the efficient functioning of IMI for IMI users.
− | (c) | it does not have a negative impact on the efficient functioning of IMI for IMI users. |
− | --- | --- |
+ 
+ ### Article 23 — Information exchange with third countries
+ 1. 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:
− ### art_23
+ (a) 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;
− Article 23
+ (b) the information is exchanged or made available in accordance with an international agreement providing for:
+ 
+ (i) the application of a provision of a Union act listed in the Annex by the third country;
− 1. 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:
+ (ii) the use of IMI; and
− | (a) | 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; |
− | --- | --- |
+ (iii) the principles and modalities of that exchange; and
− | (b) | the information is exchanged or made available in accordance with an international agreement providing for:(i)the application of a provision of a Union act listed in the Annex by the third country;(ii)the use of IMI; and(iii)the principles and modalities of that exchange; and |
− | --- | --- |
− | (i) | the application of a provision of a Union act listed in the Annex by the third country; |
− | (ii) | the use of IMI; and |
− | (iii) | the principles and modalities of that exchange; and |
+ (c) 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 adopt…
− | (c) | 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 a…
− | --- | --- |
+ 3. The Commission shall publish in the *Official Journal of the European Union* and keep up-to-date a list of third countries authorised to exchange information, including personal data, in accordance with paragraph 1.
− 3. The Commission shall publish in the Official Journal of the European Union and keep up-to-date a list of third countries authorised to exchange information, including personal data, in accordance with paragraph 1.
+ ## CHAPTER VI / **FINAL PROVISIONS**
− ### art_24
+ ### Article 24 — Committee procedure
− Article 24
+ ### Article 25 — Monitoring and reporting
− ### art_25
− 
− Article 25
+ ### Article 26 — Costs
− ### art_26
− 
− Article 26
+ ### Article 27 — Repeal
− ### art_27
− 
− Article 27
+ ### Article 28 — Effective application
− ### art_28
− Article 28
− 
+ ### Article 29 — Exceptions
− ### art_29
− 
− Article 29
+ 
+ ### 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 (15): 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 (16): 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 (17): 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 (18): Article 11(2).
+ 
+ 5. Commission Recommendation of 7 December 2001 on principles for using ‘SOLVIT’ — the Internal Market Problem Solving Network (19): Chapters I and II.
+ 
+ (1) OJ C 43, 15.2.2012, p. 14.
+ (2) Position of the European Parliament of 11 September 2012 (not yet published in the Official Journal) and decision of the Council of 4 October 2012.
+ 
+ (3) OJ L 281, 23.11.1995, p. 31.
+ 
+ (4) OJ L 8, 12.1.2001, p. 1.
+ 
+ (5) OJ L 331, 15.12.2001, p. 79.
+ 
+ (6) OJ L 376, 27.12.2006, p. 36.
+ 
+ (7) OJ L 204, 21.7.1998, p. 37.
+ 
+ (8) OJ L 13, 16.1.2008, p. 18.
+ 
+ (9) OJ L 263, 7.10.2009, p. 32.
+ 
+ (10) OJ L 55, 28.2.2011, p. 13.
+ 
+ (11) OJ C 48, 18.2.2012, p. 2.
+ 
+ (12) OJ L 18, 21.1.1997, p. 1.
+ 
+ (13) OJ L 178, 17.7.2000, p. 1.
+ 
+ (14) OJ L 364, 9.12.2004, p. 1.
+ 
+ (15) OJ L 376, 27.12.2006, p. 36.
+ 
+ (16) OJ L 255, 30.9.2005, p. 22.
+ 
+ (17) OJ L 88, 4.4.2011, p. 45.
− ### art_30
+ (18) OJ L 316, 29.11.2011, p. 1.
− Article 30
+ (19) OJ L 331, 15.12.2001, p. 79.
− This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.