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Chapter VIII · FINAL PROVISIONS › Article 38

Amendment to Regulation (EU) No 1024/2012

Regulation (EU) No 1024/2012 is amended as follows:
(1)
Article 1 is replaced by the following:
‘Article 1
Subject matter
This Regulation lays down rules for the use of an Internal Market Information System (“IMI”) for administrative cooperation among the IMI actors, including the processing of personal data.’;
(2)
in Article 3, paragraph 1 is replaced by the following:
‘1.   IMI shall be used for exchanges of information, including of personal data, among the IMI actors and for the processing of that information for the purposes of either of the following:
(a)
administrative cooperation required in accordance with the acts listed in the Annex;
(b)
administrative cooperation subject to a pilot project carried out in accordance with Article 4.’;
(3)
in Article 5, the second paragraph is amended as follows:
(a)
point (a) is replaced by the following:
‘(a)
“IMI” means the electronic tool provided by the Commission to facilitate administrative cooperation among the IMI actors;’;
(b)
point (b) is replaced by the following:
‘(b)
“administrative cooperation” means the collaboration between IMI actors by exchanging and processing information for the purpose of better application of Union law;’;
(c)
point (g) is replaced by the following:
‘(g)
“IMI actors” means the competent authorities, the IMI coordinators, the Commission and the Union bodies, offices and agencies;’;
(4)
in Article 8(1), the following point is added:
‘(f)
ensuring coordination with Union bodies, offices and agencies and granting them access to IMI.’;
(5)
in Article 9, paragraph 4 is replaced by the following:
‘4.   Appropriate means shall be put in place by the Member States, the Commission and Union bodies, offices and agencies to ensure that IMI users are allowed to access personal data processed in IMI only on a need-to-know basis and within the internal market area or areas for which they were granted access rights in accordance with paragraph 3.’;
(6)
Article 21 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2.   The European Data Protection Supervisor shall be responsible for monitoring and ensuring the application of this Regulation when the Commission or Union bodies, offices and agencies, in their role as IMI actors, process personal data. The duties and powers referred to in Articles 57 and 58 of Regulation (EU) 2018/1725
(
*1
)
shall apply accordingly.
(
*1
)
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (
OJ L 295, 21.11.2018, p. 39
).’;"
(b)
paragraph 3 is replaced by the following:
‘3.   The National Supervisory Authorities and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall cooperate with each other to ensure the coordinated supervision of IMI and its use by IMI actors in accordance with Article 62 of Regulation (EU) 2018/1725.’;
(c)
paragraph 4 is deleted;
(7)
in Article 29, paragraph 1 is deleted;
(8)
in the Annex, the following points are added:
‘11.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
(
*2
)
: Article 56, Articles 60 to 66 and Article 70(1).
12.
Regulation (EU) 2018/1725 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
(
*3
)
: Articles 6(4), 15 and 19.
(
*2
)
OJ L 119, 4.5.2016, p. 1
."
(
*3
)
OJ L 295, 21.11.2018, p. 39’.
"

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