Implementing decision 2019/1253 - Pilot project to implement the administrative cooperation provisions set out in Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters by means of the Internal Market Information System - Main contents

EN

Official Journal of the European Union

L 195/40

The Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012 is a software application accessible via the internet, developed by the Commission in cooperation with the Member States, in order to assist Member States with the practical implementation of information exchange requirements laid down in Union acts by providing a centralised communication mechanism to facilitate cross-border exchange of information and mutual assistance.

Council Decision 2001/470/EC (2) sets out cooperation obligations for contact points designated by the Member States. The contact points are required to communicate using the most appropriate technological facilities available in order to reply as swiftly and efficiently as possible to requests for cooperation.

Under Article 8(3) of Decision 2001/470/EC the Commission is to keep a secure, limited-access electronic register, based on the information supplied by the contact points. IMI allows to fulfil that obligation by enabling competent authorities to process requests for cooperation and replies. Such requests should concern access to foreign law and Union instruments relating to cooperation in civil and commercial matters relating to taking of evidence and service of documents.

IMI could be an effective tool in implementing provisions on cooperation set out in Decision 2001/470/EC. It is therefore necessary to carry out a pilot project referred to in Article 4 of Regulation (EU) No 1024/2012.

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Decision 2001/470/EC and is not bound by it or subject to its application. For this reason, the term Member State should be understood as all Member States except Denmark.

In accordance with Article 4(2) of Regulation (EU) No 1024/2012 the Commission is to submit an evaluation of the outcome of the pilot project to the European Parliament and the Council. It is appropriate to provide for a date by which such evaluation should be submitted.

The information on the statistics relating to the cooperation requests and replies, provided by the Commission in accordance with Article 8(4) of Decision 2001/470/EC, should cover the use of IMI in the pilot project.

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 24 of Regulation (EU) No 1024/2012,

sending request for information needed for sound cooperation;

responding to requests;

facilitating the coordination of the processing of requests for cooperation in the relevant Member State.

the Union instruments relating to cooperation in civil and commercial matters, regarding which information is exchanged in the pilot project;

the structure and categories of data to be exchanged in the pilot project;

the forms to be implemented in IMI for the requests for information and the corresponding replies;

the evaluation of the pilot project prior to its submission to the European Parliament and the Council.