2014/89/EU: Commission Implementing Decision of 14 February 2014 on a pilot project to implement the administrative cooperation obligations set out in Directive 2007/59/EC of the European Parliament and of the Council by means of the Internal Market Information System Text with EEA relevance

• CELEX: Directive 2007/59/EC
• Articles: 9

Article 1 Scope and objectives of the pilot project

In order to test the effectiveness of the Internal Market Information System (‘IMI’) for implementing the provisions listed in Articles 4 and 5 below, the Commission shall carry out a pilot project.

Article 2 Competent authorities

For the purposes of this Decision, the authorities of the Member States shall be those referred to in Article 16 of Directive 2004/49/EC of the European Parliament and of the Council  ( 5 ) (hereinafter referred to as ‘competent authorities’).

Article 3 Monitoring and reporting

In order for the European Railway Agency to fulfil monitoring and reporting tasks provided for in Article 3(2) of Decision 2010/17/EC, the Commission will provide the Agency with statistics and information about the usage of IMI.

Article 4 Administrative cooperation between competent authorities

1.   For the purposes of the pilot project, IMI shall be used between the competent authorities for the exchange of information set out in the following provisions:

(a)

point (b) of Article 22(1) of Directive 2007/59/EC, in conjunction with points 4 and 5 of Annex I to Decision 2010/17/EC;

(b)

Article 29(2) of Directive 2007/59/EC;

(c)

Article 29(3) of Directive 2007/59/EC;

(d)

point (b) of Article 29(4) of Directive 2007/59/EC, for requests for further inspection or suspension.

2.   Administrative cooperation pursuant to paragraph 1 shall be implemented following the procedure set out in Annex I.

Article 5 Administrative cooperation between competent authorities and the Commission

1.   For the purposes of the pilot project, IMI shall be used among the competent authorities and between those competent authorities and the Commission for the exchange of information set out in the following provisions:

(a)

point (b) of Article 29(4) of Directive 2007/59/EC for information to the Commission and other competent authorities;

(b)

point (c) of Article 29(4) of Directive 2007/59/EC for information to the Commission and other competent authorities;

(c)

the second subparagraph of Article 29(4) of Directive 2007/59/EC for information to the Commission and other competent authorities;

(d)

Article 29(5) of Directive 2007/59/EC, for referral to the Commission.

2.   Administrative cooperation pursuant to paragraph 1 shall be implemented following the procedure set out in Annex II

Article 6 Evaluation

1.   The Commission will carry out an evaluation of the pilot project to assess whether the objective set out in Article 1 has been achieved and will submit a report to the European Parliament and the Council no later than three years after its start taking into account the following criteria:

(a)

data protection issues;

(b)

cost-effectiveness;

(c)

effective translation functionalities;

(d)

user-friendliness;

(e)

overall user’s satisfaction.

2.   The evaluation of the pilot project shall be based on statistical information retrieved from IMI and on feedback from participants, including at least one on-line user survey addressed to the competent authorities.

Article 7 Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX I

ANNEX I

INFORMATION REQUEST PROCEDURE

REQUEST

REPLY

ADDITIONAL INFORMATION

Requesting CA

Responding CA

Create request

Draft request

Sent request

Awaiting acceptance

Accept

N

Refused information not available

Y

Request accepted

Sent reply

Accept reply

Y

Closed

N

Additional information requested

Accept

Y

Request for additional info accepted

N

Additional info not available

Agree

Y

Closed add. Info not available

N

Confirm request for additional info

Accept

Y

N

ANNEX II

ANNEX II

NOTIFICATION PROCEDURE

European Commission

Recipient authorities

Initiating authority

SENDING NOTIFICATION

COMMENT PERIOD

CLOSURE

Create notification

Draft notification

Submit and broadcast notification

Notification broadcast

Comment notification

System closure

Comment notification

Comment notification