Commission Implementing Regulation (EU) 2020/1668 of 10 November 2020 specifying the details and functionalities of the information and communication system to be used for the purposes of Regulation (EU) 2019/515 of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State (Text with EEA relevance)

• CELEX: Implementing Regulation (EU) 2020/1668
• Articles: 7

Article 1 Content of the Information and Communication System for Market Surveillance (‘ICSMS’)

For the purpose of Regulation (EU) 2019/515, ICSMS shall cover:

(a)

the notification of administrative decisions to the Commission and the other Member States as referred to in Article 5(9) of Regulation (EU) 2019/515;

(b)

the notification of temporary suspensions to the Commission and the other Member States as referred to in Article 6(2) of Regulation (EU) 2019/515;

(c)

the notification of the Commission’s opinions to all Member States as referred to in Article 8(6) of Regulation (EU) 2019/515;

(d)

the exchange of information between competent authorities and Product Contact Points of the various Member States as referred to in Articles 5(7), 10(1)(a) and 10(3) of Regulation (EU) 2019/515.

Article 2 Access to ICSMS

Member States shall identify and enter in ICSMS the identity of the competent authorities and of the Product Contact Points which have access to ICSMS in accordance with Regulation (EU) 2019/515.

Article 3 Notification of administrative decisions restricting or denying market access

When notifying an administrative decision pursuant to Article 5(9) of Regulation (EU) 2019/515, the competent authority, in addition to uploading an electronic copy of the administrative decision, shall enter the following information in ICSMS:

(a)

the national technical rule on the basis of which the assessment was carried out;

(b)

the name of the Member State in which the economic operator claims to be lawfully marketing the goods;

(c)

the applicable legitimate public interest grounds covered by the national technical rule.

The competent authority shall enter in ICSMS any annulment or withdrawal of the administrative decision notified pursuant to Article 5(9) of Regulation (EU) 2019/515.

Article 4 Notification of temporary suspensions

When notifying a temporary suspension pursuant to Article 6(2) of Regulation (EU) 2019/515, the competent authority, in addition to uploading an electronic copy of the temporary suspension, shall enter the following information in ICSMS:

(a)

the national technical rule on the basis of which the assessment will be carried out;

(b)

the name of the Member State in which the economic operator claims to be lawfully marketing the goods;

(c)

the legitimate public interest grounds for temporarily suspending market access as set out in Article 6(1) of Regulation (EU) 2019/515.

The competent authority shall enter in ICSMS any annulment or lifting of the temporary suspension notified pursuant to Article 6(2) of Regulation (EU) 2019/515.

Article 5 Retention periods of personal data contained in the communications entered in ICSMS

Personal data contained in the communications entered in ICSMS and kept in a form which permits the identification of data subjects shall be automatically deleted in ICSMS five years after:

(a)

the notification of a temporary suspension pursuant to Article 6(2) of Regulation (EU) 2019/515; or

(b)

the notification of an administrative decisions pursuant to Article 5(9) of Regulation (EU) 2019/515 if that administrative decision has not been submitted to SOLVIT; or

(c)

the last exchange of information pursuant to Articles 5(7), 10(1)(a) and 10(3) of Regulation (EU) 2019/515; or

(d)

the case submitted to SOLVIT has been solved.

The Commission shall ensure by technical means the deletion of personal data under the first paragraph.

Article 6 Retention period of personal data of ICSMS users

Personal data relating to a natural person designated by a competent authority or Product Contact Point as ICSMS user shall be deleted at the latest one month after the Commission is informed that the natural person ceased to be an ICSMS user.

The Commission shall ensure by technical means the deletion of personal data under the first paragraph.

Article 7 Entry into force and application

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