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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’) (Text with EEA relevance)
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1.[F2The Secretary of State] shall appoint one national IMI coordinator whose responsibilities shall include:
(a)registering or validating registration of IMI coordinators and competent authorities;
(b)acting as the main contact point for IMI actors of the [F3United Kingdom] for issues relating to IMI, including providing information on aspects relating to the protection of personal data in accordance with this Regulation;
(c)acting as interlocutor of the Commission for issues relating to IMI including providing information on aspects relating to the protection of personal data in accordance with this Regulation;
(d)providing knowledge, training and support, including basic technical assistance, to IMI actors of the [F4United Kingdom];
(e)ensuring the efficient functioning of IMI as far as it is within their control, including the provision of timely and adequate responses by IMI actors of the [F5United Kingdom] to requests for administrative cooperation.
2.[F6The Secretary of State] may, in addition, appoint one or more IMI coordinators in order to carry out any of the tasks listed in paragraph 1, in accordance with its internal administrative structure.
[F73.The Secretary of State shall inform the Commission of the IMI coordinators appointed in accordance with paragraphs 1 and 2 and of the tasks for which they are responsible.]
4.All IMI coordinators may act as competent authorities. In such cases an IMI coordinator shall have the same access rights as a competent authority. Each IMI coordinator shall be a controller with respect to its own data processing activities as an IMI actor.
Textual Amendments
F2Words in Art. 6(1) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(5)(a)(i)
F3Words in Art. 6(1)(b) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(5)(a)(ii)
F4Words in Art. 6(1)(d) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(5)(a)(iii)
F5Words in Art. 6(1)(e) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(5)(a)(iv)
F6Words in Art. 6(2) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(5)(b)
F7Art. 6(3) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(5)(c)
1.When cooperating by means of IMI, competent authorities, acting through IMI users in accordance with administrative cooperation procedures, shall ensure that, in accordance with the applicable [F8legislation listed in the Annex], an adequate response is provided within the shortest possible period of time, and in any event within [F9any deadline set by that legislation].
2.A competent authority may invoke as evidence any information, document, finding, statement or certified true copy which it has received electronically by means of IMI, on the same basis as similar information obtained in [F10the United Kingdom], for purposes compatible with the purposes for which the data were originally collected.
3.Each competent authority shall be a controller with respect to its own data processing activities performed by an IMI user under its authority and shall ensure that data subjects can exercise their rights in accordance with Chapters III and IV, where necessary, in cooperation with the Commission.
Textual Amendments
F8Words in Art. 7(1) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(6)(a)(i)
F9Words in Art. 7(1) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(6)(a)(ii)
F10Words in Art. 7(2) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(6)(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Art. 8 omitted (N.I.) (9.12.2022) by virtue of The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(7)
1.Only IMI users shall have access to IMI.
[F122.The Secretary of State shall designate the IMI coordinators and competent authorities and the areas in which they have competence.]
3.Each IMI actor [F13of the United Kingdom] shall grant and revoke, as necessary, appropriate access rights to its IMI users in the F14... area for which it is competent.
[F154.Appropriate means shall be put in place by the [F16Secretary of State and United Kingdom] bodies, offices and agencies to ensure that IMI users [F17of the United Kingdom] are allowed to access personal data processed in IMI only on a need-to-know basis and within the F18... area or areas for which they were granted access rights in accordance with paragraph 3.]
5.The use of personal data processed in IMI for a specific purpose in a way that is incompatible with that original purpose shall be prohibited, unless explicitly provided for by [F19domestic law].
6.Where an administrative cooperation procedure involves the processing of personal data, only the IMI actors participating in that procedure shall have access to such personal data.
Textual Amendments
F12Art. 9(2) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(8)(a)
F13Words in Art. 9(3) inserted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(8)(b)(i)
F14Words in Art. 9(3) omitted (N.I.) (9.12.2022) by virtue of The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(8)(b)(ii)
F15Substituted by Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (Text with EEA relevance).
F16Words in Art. 9(4) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(8)(c)(i)
F17Words in Art. 9(4) inserted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(8)(c)(ii)
F18Words in Art. 9(4) omitted (N.I.) (9.12.2022) by virtue of The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(8)(c)(iii)
F19Words in Art. 9(5) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(8)(d)
[F201.IMI actors and IMI users of the United Kingdom shall be subject to the rules of professional secrecy or other equivalent duties of confidentiality in accordance with the law of the United Kingdom.]
2.IMI actors [F21of the United Kingdom] shall ensure that requests of other IMI actors for confidential treatment of information exchanged by means of IMI are respected by IMI users working under their authority.
Textual Amendments
F20Art. 10(1) substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(9)(a)
F21Words in Art. 10(2) inserted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(9)(b)
IMI shall be based on administrative cooperation procedures implementing the provisions of the legislation listed in the Annex.]
Textual Amendments
F22Art. 11 substituted (N.I.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F23Art. 12 omitted (N.I.) (9.12.2022) by virtue of The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 3(11)
Textual Amendments
F1Regulation revoked (E.W.S.) (9.12.2022) by The Internal Market Information System Regulation (Amendment etc.) Regulations 2022 (S.I. 2022/1306), regs. 1(2), 5
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