Commission Implementing Decision (EU) 2020/1669 of 10 November 2020 on a pilot project to implement certain administrative cooperation provisions set out in Regulation (EU) 2018/1807 of the European Parliament and of the Council on a framework for the free flow of non-personal data in the European Union by means of the Internal Market Information System (Text with EEA relevance)

• CELEX: Implementing Decision (EU) 2020/1669
• Articles: 6

Article 1 The pilot project

A pilot project shall be carried out in order to assess whether the Internal Market Information System (‘IMI’) would be an effective tool to implement the provisions on administrative cooperation laid down in Article 5(2) and (4) and Article 7(2) to (5) of Regulation (EU) 2018/1807.

Article 2 Competent authorities

For the purposes of the pilot project, competent authorities referred to in Article 3(6) of Regulation (EU) 2018/1807, single points of contact referred to in Article 7(1) of that Regulation and entities responsible for communicating measures under Article 5(4) 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.

Article 3 Administrative cooperation

1.   For the purposes of Article 5(2) and Article 7(2) to (5) of Regulation (EU) 2018/1807, IMI shall provide the technical functionality for, in particular, the following:

(a)

submitting, pursuant to those Articles, a request for assistance, for which justification shall be provided, including any accompanying information and written explanation;

(b)

transmitting the request to the relevant competent authority in the Member State to which the request is to be sent;

(c)

providing a response communicating the data requested by providing one of the following:

(i)

the details necessary to access and download the data;

(ii)

the details of how and when the data transfer will be effected;

(iii)

the data requested;

(d)

informing the requesting authority that the conditions for requesting assistance have not been met.

2.   For the purposes of the second subparagraph of Article 5(4) of Regulation (EU) 2018/1807, IMI shall provide the technical functionality for, in particular, the following:

(a)

notifying an interim measure to the Commission;

(b)

communicating the necessary measures taken by the Commission, where appropriate;

(c)

communicating information on the experience gained and exchanging any relevant information with the single points of contacts in Member States.

Article 4 Retention of personal data

Where information exchanged through IMI contains a data set comprising both personal and non-personal data, the personal data shall be processed in IMI in accordance with Article 14 of Regulation (EU) No 1024/2012.

Article 5 Evaluation

The Commission shall submit the evaluation of the outcome of the pilot project as required by Article 4(2) of Regulation (EU) No 1024/2012 to the European Parliament and the Council by 29 November 2022.

Article 6

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