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.