Implementing decision 2018/743 - Pilot project to implement the administrative cooperation provisions set out in Regulation 2016/679 by means of the Internal Market Information System - Main contents
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official title
Commission Implementing Decision (EU) 2018/743 of 16 May 2018 on a pilot project to implement the administrative cooperation provisions set out in Regulation (EU) 2016/679 of the European Parliament and of the Council by means of the Internal Market Information System (Text with EEA relevance. )| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2018/743 |
| CELEX number i | 32018D0743 |
| Document | 16-05-2018; Date of adoption |
|---|---|
| Publication in Official Journal | 18-05-2018; OJ L 123 p. 115-118 |
| Effect | 25-05-2018; Application See Art 8 07-06-2018; Entry into force Date pub. +20 See Art 8 |
| Deadline | 31-12-2021; See Art 7 |
| End of validity | 31-12-9999 |
18.5.2018 |
EN |
Official Journal of the European Union |
L 123/115 |
COMMISSION IMPLEMENTING DECISION (EU) 2018/743
of 16 May 2018
on a pilot project to implement the administrative cooperation provisions set out in Regulation (EU) 2016/679 of the European Parliament and of the Council by means of the Internal Market Information System
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (1), and in particular Article 4(1) thereof,
Whereas:
(1) |
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. |
(2) |
Regulation (EU) 2016/679 of the European Parliament and of the Council (2) lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. It sets out procedures for administrative cooperation between the supervisory authorities, between supervisory authorities and the European Data Protection Board (‘the Board’), and where relevant, with the Commission. IMI could be an effective tool in implementing provisions on administrative cooperation set out in Regulation (EU) 2016/679. It is therefore necessary to carry out a pilot project referred to in Article 4 of Regulation (EU) No 1024/2012. |
(3) |
In those cases where Member States have designated, in line with Regulation (EU) 2016/679, a supervisory authority to function as a single contact point, such a contact point should also be considered as a competent authority for the purposes of this pilot project. |
(4) |
In order to ensure the consistent application of the provisions of Regulation (EU) 2016/679, outlining the cooperation between supervisory authorities, the Commission and the Board, IMI should provide for the storing of all data relevant for information exchanges. IMI should allow supervisory authorities to reuse such data for any subsequent processing in information exchanges under Articles 56, 60 to 66 of Regulation (EU) 2016/679. |
(5) |
IMI should provide for functionality that allows the European Data protection Board to share documents and information in accordance with points (d) to (k), (m) and (x) of Article 70(1) of Regulation (EU) 2016/679 that is necessary to ensure consistent and timely processing of cases. |
(6) |
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. |
(7) |
Regulation (EU) 2016/679 will apply from 25 May 2018. This Decision should therefore apply from the same date. |
(8) |
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, |
HAS ADOPTED THIS DECISION:
Article 1
The pilot project
Articles 56, 60 to 66 and points (d) to (k), (m) and (x) of Article 70(1) of Regulation (EU) 2016/679 shall be subject to a pilot project to implement the administrative cooperation provisions set out...
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