Costs
1. The general budget of the European Union shall cover the costs of:
(a)
development and maintenance of the ICT tools supporting the implementation of this Regulation at Union level;
(b)
promotion of the gateway at Union level;
(c)
translation of information, explanations and instructions in accordance with Article 12 within a maximum annual volume per Member State, without prejudice to possible reallocation where this is necessary in order to enable full use of the available budget.
2. The costs related to national webportals, information platforms, assistance services and procedures established at Member State level shall be met from the respective budgets of the Member States, unless otherwise provided for in Union legislation.
Protection of personal data
The processing of personal data by competent authorities within the framework of this Regulation shall comply with Regulation (EU) 2016/679. Processing of personal data by the Commission within the framework of this Regulation shall comply with Regulation (EU) 2018/1725.
Cooperation with other information and assistance networks
1. After consulting the Member States, the Commission shall decide which existing informal governance arrangements for any of the assistance or problem-solving services listed in Annex III or for any of the areas of information covered by Annex I are to become the responsibility of the gateway coordination group.
2. Where the information and assistance services or networks have been created by a legally binding Union act for any of the areas of information covered by Annex I, the Commission shall coordinate the work of the gateway coordination group and the governance bodies of such services or networks with a view to achieving synergies and avoiding duplication.
Internal Market Information System
1. The Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012, shall be used for the purposes of, and in accordance with, Article 6(4) and Article 15.
2. The Commission may decide to use IMI as the electronic repository for links referred to in Article 19(1).
Reporting and review
By 12 December 2022 and once every two years thereafter, the Commission shall review the application of this Regulation and submit to the European Parliament and to the Council an assessment report on the functioning of the gateway and on the functioning of the internal market on the basis of the statistics and feedback collected in accordance with Articles 24, 25 and 26. The review shall, in particular, evaluate the scope of Article 14, taking into account technological, market and legal developments concerning the exchange of evidence between competent authorities.
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Amendment to Regulation (EU) No 1024/2012
Regulation (EU) No 1024/2012 is amended as follows:
(1)
Article 1 is replaced by the following:
‘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.’;
(2)
in Article 3, paragraph 1 is replaced by the following:
‘1. 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:
(a)
administrative cooperation required in accordance with the acts listed in the Annex;
(b)
administrative cooperation subject to a pilot project carried out in accordance with Article 4.’;
(3)
in Article 5, the second paragraph is amended as follows:
(a)
point (a) is replaced by the following:
‘(a)
“IMI” means the electronic tool provided by the Commission to facilitate administrative cooperation among the IMI actors;’;
(b)
point (b) is replaced by the following:
‘(b)
“administrative cooperation” means the collaboration between IMI actors by exchanging and processing information for the purpose of better application of Union law;’;
(c)
point (g) is replaced by the following:
‘(g)
“IMI actors” means the competent authorities, the IMI coordinators, the Commission and the Union bodies, offices and agencies;’;
(4)
in Article 8(1), the following point is added:
‘(f)
ensuring coordination with Union bodies, offices and agencies and granting them access to IMI.’;
(5)
in Article 9, paragraph 4 is replaced by the following:
‘4. Appropriate means shall be put in place by the Member States, the Commission and Union bodies, offices and agencies to ensure that IMI users are allowed to access personal data processed in IMI only on a need-to-know basis and within the internal market area or areas for which they were granted access rights in accordance with paragraph 3.’;
(6)
Article 21 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. The European Data Protection Supervisor shall be responsible for monitoring and ensuring the application of this Regulation when the Commission or Union bodies, offices and agencies, in their role as IMI actors, process personal data. The duties and powers referred to in Articles 57 and 58 of Regulation (EU) 2018/1725 ( *1 ) shall apply accordingly.
( *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 ).’;"
(b)
paragraph 3 is replaced by the following:
‘3. The National Supervisory Authorities and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall cooperate with each other to ensure the coordinated supervision of IMI and its use by IMI actors in accordance with Article 62 of Regulation (EU) 2018/1725.’;
(c)
paragraph 4 is deleted;
(7)
in Article 29, paragraph 1 is deleted;
(8)
in the Annex, the following points are added:
‘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) ( *2 ) : 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 ( *3 ) : Articles 6(4), 15 and 19.
( *2 )
OJ L 119, 4.5.2016, p. 1 ."
( *3 )
OJ L 295, 21.11.2018, p. 39’.
"
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 .
Article 2, Article 4, Articles 7 to 12, Article 16, Article 17, Article 18(1) to (4), Article 19, Article 20, Article 24(1), (2) and (3), Article 25(1) to (4), Article 26 and Article 27 shall apply from 12 December 2020.
Article 6, Article 13, Article 14(1) to (8) and (10) and Article 15 shall apply from 12 December 2023.
Notwithstanding the date of application of Articles 2, 9, 10 and 11, municipal authorities shall make the information, explanations and instructions referred to in those Articles available by 12 December 2022 at the latest.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
