2009/739/EC: Commission Decision of 2 October 2009 setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2009) 7493) (Text with EEA relevance)

• CELEX: Directive 2006/123/EC
• Articles: 6

Article 1 Use of IMI for the exchange of information

1.   The Internal Market Information System (IMI) shall be used for the exchange of information by electronic means between Member States for the purpose of complying with the provisions on administrative cooperation set out in Chapter VI of Directive 2006/123/EC providing for the following:

(a)

requests for information and to carry out checks, inspections and investigations, as well as replies thereto, under Chapter VI of Directive 2006/123/EC;

(b)

alerts, pursuant to Article 29(3) and Article 32(1) of Directive 2006/123/EC;

(c)

case-by-case requests and notifications, in accordance with the procedure laid down in Article 35(2), (3) and (6) of Directive 2006/123/EC.

2.   IMI coordinators referred to in Article 8 of Decision 2008/49/EC may be designated as liaison points foreseen by Article 28(2) of Directive 2006/123/EC.

Article 2 Functions of IMI in relation to requests for information and to carry out checks, inspections and investigations, as well as replies thereto

For the purpose of requests for information and to carry out checks, inspections and investigations, as well as replies thereto, IMI shall provide for the following actions:

(a)

sending requests;

(b)

sending and requesting additional information;

(c)

accepting requests;

(d)

forwarding requests;

(e)

replying to requests.

Article 3 Functions of IMI in relation to alerts

1.   For the purpose of the exchange of information on alerts, IMI shall provide for the following actions:

(a)

sending alerts when the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC are met;

(b)

sending and requesting additional information on alerts;

(c)

withdrawing alerts which are sent without the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC being met;

(d)

correcting information contained in alerts;

(e)

sending proposals for closure of alerts;

(f)

objecting to proposals for closure of alerts;

(g)

closing alerts when the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC are no longer met.

2.   For the purpose of sending alerts and related information to other Member States and of receiving alerts from other Member States, IMI shall provide for the function of alert coordinator. The function of alert coordinator may be carried out by the IMI actors provided for in Articles 7 and 8 of Decision 2008/49/EC.

3.   Prior to erasure from the system according to the procedure laid down in Article 4 of Decision 2008/49/EC, information, including personal data, contained in an alert which has been closed shall no longer be visible to any user in IMI.

Article 4 Functions of IMI in relation to the case-by-case derogation mechanism

For the purpose of the exchange of information on the case-by-case derogations, IMI shall provide for the following actions:

(a)

sending a request to the Member State of establishment under Article 35(2) of Directive 2006/123/EC;

(b)

replying to a request sent under Article 35(2) of Directive 2006/123/EC;

(c)

sending a notification to the Commission and the Member State of establishment under Article 35(3) and Article 35(6) of Directive 2006/123/EC;

(d)

informing automatically a coordinator about the actions provided for in points (a), (b) and (c).

Article 5 Protection of personal data

The processing of personal data for the purpose of the exchange of information by electronic means between Member States shall be carried out in accordance with Directives 95/46/EC and 2002/58/EC.

The processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001.

Article 6 Addressees

This Decision is addressed to the Member States.