Regulation (EU) No 1024/2012 of the European Parliament and of the CouncilShow full title

CHAPTER V GEOGRAPHIC SCOPE OF IMI

Article 22 National use of IMI

1. A Member State may use IMI for the purpose of administrative cooperation between competent authorities within its territory, in accordance with national law, only where the following conditions are satisfied:

(a) no substantial changes to the existing administrative cooperation procedures are required;

(b) a notification of the envisaged use of IMI has been submitted to the National Supervisory Authority where required under national law; and

(c) it does not have a negative impact on the efficient functioning of IMI for IMI users.

2. Where a Member State intends to make systematic use of IMI for national purposes, it shall notify its intention to the Commission and seek its prior approval. The Commission shall examine whether the conditions set out in paragraph 1 are met. Where necessary, and in accordance with this Regulation, an agreement setting out, inter alia, the technical, financial and organisational arrangements for national use, including the responsibilities of the IMI actors, shall be concluded between the Member State and the Commission.

Article 23 Information exchange with third countries

1. Information, including personal data, may be exchanged in IMI pursuant to this Regulation between IMI actors within the Union and their counterparts in a third country only where the following conditions are satisfied:

(a) the information is processed pursuant to a provision of a Union act listed in the Annex and an equivalent provision in the law of the third country;

(b) the information is exchanged or made available in accordance with an international agreement providing for:

(i)

the application of a provision of a Union act listed in the Annex by the third country;

(ii)

the use of IMI; and

(iii)

the principles and modalities of that exchange; and

(c) the third country in question ensures adequate protection of personal data in accordance with Article 25(2) of Directive 95/46/EC, including adequate safeguards that the data processed in IMI shall only be used for the purpose for which they were initially exchanged, and the Commission has adopted a decision in accordance with Article 25(6) of Directive 95/46/EC.

2. Where the Commission is an IMI actor, Article 9(1) and (7) of Regulation (EC) No 45/2001 shall apply to any exchange of personal data processed in IMI with its counterparts in a third country.

3. The Commission shall publish in the Official Journal of the European Union and keep up-to-date a list of third countries authorised to exchange information, including personal data, in accordance with paragraph 1.