Commission Implementing Decision (EU) 2019/2212 of 20 December 2019 on a pilot project to implement certain administrative cooperation provisions set out in Regulation (EU) 2017/2394 of the European Parliament and of the Council on cooperation between authorities responsible for the enforcement of consumer protection laws by means of the Internal Market Information System (Text with EEA relevance)

• CELEX: Implementing Decision (EU) 2019/2212
• Articles: 7

Article 1 The pilot project

Articles 11 to 23, 26, 27 and 28 of Regulation (EU) 2017/2394 shall be subject to a pilot project to implement the administrative cooperation provisions set out in those Articles by means of the Internal Market Information System (‘IMI’).

Article 2 Competent authorities and other IMI actors

1.   For the purposes of the pilot project, the competent authorities and single liaison offices designated pursuant to Article 5 of Regulation (EU) 2017/2394 and the entities empowered to issue external alerts pursuant to Article 27(1) of that Regulation shall be considered as competent authorities within the meaning of point (f) of the second paragraph of Article 5 of Regulation (EU) No 1024/2012.

2.   For the purposes of the pilot project, the entities empowered to issue external alerts pursuant to Article 27(2) of Regulation (EU) 2017/2394 and the European Banking Authority in its capacity as an observer pursuant to Article 23(3) of that Regulation shall be considered as IMI actors within the meaning of point (g) of the second paragraph of Article 5 of Regulation (EU) No 1024/2012.

Article 3 Administrative cooperation

1.   For the purposes of Article 11 of Regulation (EU) 2017/2394, IMI shall provide the technical functionality for, in particular, the following:

(a)

submitting a request for information pursuant to that Article, including any accompanying information and evidence;

(b)

forwarding the request to the appropriate competent authority;

(c)

responding to the request for information;

(d)

informing the applicant authority and the Commission of a refusal to comply with a request for information, including the reasons for the refusal;

(e)

communicating in the event of a disagreement about a request for information.

2.   For the purposes of Article 12 of Regulation (EU) 2017/2394, IMI shall provide the technical functionality for, in particular, the following:

(a)

submitting a request for enforcement measures pursuant to that Article, including any accompanying information and evidence;

(b)

forwarding the request to the appropriate competent authority;

(c)

informing the applicant authority about the steps and measures taken or intended to be taken in response to the request, including communications concerning the time limit for complying with the request;

(d)

notifying the applicant authority, the competent authorities of other Member States and the Commission of the measures taken and the effect of those measures;

(e)

informing the applicant authority and the Commission of a refusal to comply with a request for enforcement measures;

(f)

communicating in the event of a disagreement about a request for enforcement measures.

3.   For the purposes of Articles 15 to 23 of Regulation (EU) 2017/2394, IMI shall provide the technical functionality for, in particular, the following:

(a)

notifying an intention to launch a coordinated action;

(b)

identifying and designating a coordinator for the coordinated action;

(c)

notifying the launch of a coordinated action;

(d)

communicating an intention to participate in a coordinated action;

(e)

notifying the results of investigations pursuant to Article 17(3) of Regulation (EU) 2017/2394;

(f)

communicating a decision to decline to take part in a coordinated action, including the reasons for the decision and any supporting documents;

(g)

communicating a common position on the outcome of the investigation and the assessment of the widespread infringement;

(h)

communicating with respect to commitments in coordinated actions;

(i)

communicating with respect to progress of the coordinated action;

(j)

communicating with respect to any mutual assistance requests that may be relevant for the coordinated action;

(k)

communicating with respect to the coordination of any enforcement measures;

(l)

communicating with respect to closure of the coordinated action.

4.   For the purposes of Article 26 of Regulation (EU) 2017/2394, IMI shall provide the technical functionality for, in particular, the following:

(a)

issuing an alert, including any relevant accompanying information and a possible indication of the intention of launching a coordinated action;

(b)

correcting the information in an alert;

(c)

withdrawing an alert;

(d)

requesting verification of whether similar infringements are taking place or enforcement measures have been taken;

(e)

replying to such requests;

(f)

attributing incoming communications to the appropriate competent authorities.

5.   For the purposes of Article 27 of Regulation (EU) 2017/2394, IMI shall provide the technical functionality for, in particular, the following:

(a)

issuing an external alert, including any relevant accompanying information;

(b)

correcting the information in an external alert;

(c)

withdrawing an external alert;

(d)

attributing incoming communications to the appropriate competent authorities.

6.   For the purposes of Article 28 of Regulation (EU) 2017/2394, IMI shall provide the technical functionality for, in particular, notifying measures taken to address an infringement.

Article 4 Access to IMI functionality

IMI shall ensure that all those considered under Article 2 to be competent authorities or other IMI actors for the purposes of the pilot project shall only be able to access the functionality in IMI that they need to access in order to meet their obligations under Regulation (EU) 2017/2394.

Article 5 Retention of data

1.   IMI shall provide the technical functionality to allow for the deletion of all data stored in IMI as part of the pilot project relating to an infringement as soon as the relevant IMI actors indicate that those data are no longer needed for the purposes for which they were collected and processed. IMI shall also ensure that all such data are in any event deleted by no later than 5 years following the day specified for the relevant type of administrative cooperation procedure in point (a), (b) or (c) of the second subparagraph of Article 35(3) of Regulation (EU) 2017/2394.

2.   Only a record of the fact of the relevant information exchange, excluding any data by which the infringement could be identified, shall remain accessible in IMI after deletion of those data.

3.   Paragraph 1 does not affect the obligations under Article 14 of Regulation (EU) No 1024/2012 to block and delete personal data stored in IMI as part of the pilot project insofar as that Article would result in the earlier blocking or deletion of such data.

Article 6 Evaluation

The evaluation of the outcome of the pilot project required by Article 4(2) of Regulation (EU) No 1024/2012 shall be submitted to the European Parliament and the Council by 17 January 2023.

Article 7

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