Implementing decision 2019/2212 - Pilot project to implement certain administrative cooperation provisions set out in Regulation 2017/2394 on cooperation between authorities responsible for the enforcement of consumer protection laws by means of the Internal Market Information System - Main contents
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Commission Implementing Decision (EU) 2019/2212 of 20 December 2019 on a pilot project to implement certain administrative cooperation provisions set out in Regulation (EU) 2017/2394 of the European Parliament and of the Council on cooperation between authorities responsible for the enforcement of consumer protection laws by means of the Internal Market Information System| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2019/2212 |
| CELEX number i | 32019D2212 |
| Document | 20-12-2019; Date of adoption |
|---|---|
| Publication in Official Journal | 23-12-2019; OJ L 332 p. 159-162 |
| Effect | 12-01-2020; Entry into force Date pub. +20 See Art 7 17-01-2020; Application See Art 7 |
| Deadline | 17-01-2023; See Art 6 |
| End of validity | 31-12-9999 |
23.12.2019 |
EN |
Official Journal of the European Union |
L 332/159 |
COMMISSION IMPLEMENTING DECISION (EU) 2019/2212
of 20 December 2019
on a pilot project to implement certain administrative cooperation provisions set out in Regulation (EU) 2017/2394 of the European Parliament and of the Council on cooperation between authorities responsible for the enforcement of consumer protection laws 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 that is accessible via the internet and was developed by the Commission, in cooperation with the Member States, to help Member States comply with information exchange requirements in Union acts by providing a centralised communication mechanism to facilitate the cross-border exchange of information and mutual assistance. |
(2) |
Article 4(1) of Regulation (EU) No 1024/2012 allows the Commission to carry out pilot projects to assess the effectiveness of IMI in the implementation of administrative cooperation provisions in Union acts not listed in the Annex to that Regulation. |
(3) |
Regulation (EU) 2017/2394 of the European Parliament and of the Council (2) lays down the conditions under which competent authorities responsible for the enforcement of Union consumer protection laws are to cooperate and coordinate actions with each other and with the Commission. Article 35 of that Regulation requires the Commission to establish and maintain an electronic database for all communications between competent authorities, single liaison offices and the Commission under that Regulation. It also requires any information provided by entities issuing external alerts pursuant to Article 27 of that Regulation to be stored and processed in that electronic database. In addition, Article 23(3) of that Regulation provides for the European Banking Authority to act as observer in certain cases, and the European Banking Authority should therefore be able to access the electronic database in such a case to allow it to observe the relevant communications. |
(4) |
The Commission has adopted Commission Implementing Decision (EU) 2019/2213 (3) laying down the practical and operational arrangements for the functioning of the electronic database established under Regulation (EU) 2017/2394 as respects communications made under certain provisions of that Regulation. IMI could be an effective tool in the implementation of the administrative cooperation provisions falling within the scope of Commission Implementing Decision (EU) 2019/2213 Those provisions should therefore be the subject of a pilot project under Article 4 of Regulation (EU) No 1024/2012. |
(5) |
Regulation (EU) 2017/2394 defines different actors responsible for applying the administrative cooperation provisions laid down in that Regulation. In order to guarantee the effective application of those provisions, those actors should be considered as IMI actors for the purposes of the pilot project. |
(6) |
IMI should provide the technical functionality allowing the competent authorities, the single liaison offices, the Commission, and other actors to fulfil their obligations under Regulation (EU) 2017/2394 falling within the scope of Implementing Decision (EU) 2019/2213 IMI should ensure that access to IMI by those actors is restricted to the functionality for... |
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