Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on administrative cooperation through the Internal Market Information System(‘the IMI Regulation’)
Date: 2011-08-29
Institutions: European Commission
Subjects: EU Member State, administrative cooperation, cross-frontier data flow, disclosure of information, information system, operation of the Institutions, single market

EUROPEAN COMMISSION 

Brussels, 29.8.2011 
COM(2011) 522 final 

2011/0226 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on administrative cooperation through the Internal Market Information System 
(‘the IMI Regulation’) 

(Text with EEA relevance) 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

Member  State  public  administrations  responsible  for  applying  EU  law  are 
increasingly  required  by  EU  law  to  cooperate  with  their  counterparts  in  other 
Member  States.  To  support  them  in  their  tasks,  the  Internal  Market  Information 
System  (‘IMI’)  was  designed  and  developed  by  the  European  Commission  as  a 
generic, customisable administrative cooperation platform and has been offered as a 
free  service  to  Member  States  since  2008.  It  provides  more  than  6 000  registered 
authorities in the 27 Member States and three EEA countries with a fast and secure 
communication  channel 
their 
counterparts,  effectively  overcoming  barriers  due  to  different  languages  and 
administrative  structures.  IMI  is  currently  used  for  the  exchange  of  information 
pursuant to Directive 2005/36/EC of the European Parliament and of the Council of 7 
September 2005 on the recognition of professional qualifications1 (‘the Professional 
Qualifications  Directive’)  and  Directive  2006/123/EC  of  the  European  Parliament 
and  of  the  Council  of  12  December  2006  on  services  in  the  internal  market2  (‘the 
Services  Directive’).  In  2010,  some  2 000  requests  for  information  were  exchanged 
through IMI. 

information  exchange  with 

for  cross-border 

Cross-border  administrative  cooperation  frequently 
involves  processing  and 
exchanging personal data of EU citizens, as is the case under the Services Directive 
and  the  Professional  Qualifications  Directive.  From  a  legal  point  of  view,  IMI 
operates  on  the  basis  of  a  Commission  decision,  a  ‘comitology’  decision,  and  a 
Commission recommendation3. The lack of a single legal instrument adopted by the 
European Parliament and the Council underlying its operations came to be seen as an 
obstacle  to  further  expansion  of  IMI.  In  practice,  IMI  guarantees  a  high  level  of 
technical  and  procedural  data  protection.  Thanks  to  the  many  procedural  and 
technical  privacy-enhancing  features  that  were  built  into  the  system  following  the 
privacy-by-design  principle,  the  processing  of  personal  data  in  IMI  offers  a 
considerably  higher  level  of  protection  and  security  than  other  methods  of 
information  exchange  such  as  mail,  telephone,  fax  or  e-mail.  In  addition,  data 
protection considerations are addressed in the day-to-day use of the system and are 
included in the training material for IMI users. 

According  to  the  Commission  Communication  ‘Towards  a  Single  Market  Act’, 
extending  IMI  to  other  sectors  ‘with  a  view  to  creating  a  genuine  face-to-face 

1 
2 
3 

OJ L 255, 30.9.2005, p. 22. 
OJ L 376, 27.12.2006, p. 36. 
Commission Decision 2008/49/EC of 12 December 2007 concerning the implementation of the Internal 
Market Information System (IMI) as regards the protection of personal data (OJ L 13, 16.1.2008, p. 18), 
Commission  Decision  2009/739/EC  of  2  October  2009  setting  out  the  practical  arrangements  for  the 
exchange  of  information  by  electronic  means  between  Member  States  under  Chapter  VI  of  Directive 
2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 
263, 7.10.2009, p. 32), Commission Recommendation of 26 March 2009 on data protection guidelines 
for the Internal Market Information System (IMI) (OJ L 100, 18.4.2009, p. 12). 

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electronic  network  for  European  administrations’  is  one  of  the  keys  to  promoting 
better  governance  of  the  single  market4.  The  Commission  Communication5  ‘Better 
governance  of  the  Single  Market  through  greater  administrative  cooperation:  A 
strategy  for  expanding  and  developing  the  Internal  Market  Information  System 
(“IMI”)’ (‘the IMI Strategy Communication’) adopted on 21 February 2011 set out 
plans  for  future  expansion  of  IMI  to  other  areas  of  EU  law.  The  Commission 
Communication  ‘A  Single  Market  Act’  stressed  the  importance  of  IMI  for 
strengthening  cooperation  among  the  actors  involved,  including  at  local  level,  thus 
contributing to better governance of the single market6. 

The objectives of the present proposal are to: 

(1)  Establish a sound legal framework for IMI and a set of common rules to ensure 

that it functions efficiently; 

(2)  Provide a comprehensive data protection framework by setting out the rules for 

the processing of personal data in IMI; 

(3)  Facilitate possible future expansion of IMI to new areas of EU law; and 

(4)  Clarify the roles of the different actors involved in IMI.  

• 

General context 

In its Decisions C/2006/3606 of 14 August 2006, C/2007/3514 of 25 July 2007 and 
C/2008/1881  of  14  May  2008,  the  Commission  decided  to  finance  and  set  up  the 
Internal  Market  Information  System  as  a  project  of  common  interest  under  the 
programme on the interoperable delivery of pan-European eGovernment services to 
public  administrations,  businesses  and  citizens  (IDABC).  Further  financing  was 
provided  by  Commission  Decision  C/2007/3514  of  25  July  2007  on  the  fourth 
revision of the IDABC Work Programme. 

Commission Decision 2008/49/EC laid down the functions, rights and obligations of 
IMI  actors  and  users,  taking  the  opinion  of  the  Article  29  Working  Party7  into 
account.  Following  the  adoption  of  the  Decision,  the  European  Data  Protection 
Supervisor (EDPS) issued an opinion8 in which it called for the adoption of a legal 
instrument  by  the  European  Parliament  and  the  Council  in  view  of  the  envisaged 
expansion of IMI to additional areas of internal market legislation.  

Pending the adoption of such a legal instrument, it was agreed to follow a step-by-
step approach, starting with the adoption of guidelines for the implementation of data 

4 

5 
6 
7 
8 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions  ‘Towards  a  Single  Market  Act.  For  a  highly 
competitive social market economy. 50 proposals for improving our work, business and exchanges with 
one another’, COM(2010) 608 final, proposal No 45 on p. 31. 
COM(2011) 75. 
COM(2011) 206. 
Opinion 01911/07/EN, WP 140. 
Opinion of 22 February 2008 of the European Data Protection Supervisor (‘EDPS’) on the Commission 
Decision  of  12 December  2007  concerning  the  implementation  of  the  Internal  Market  Information 
System (IMI) as regards the protection of personal data, OJ C 270, 25.10.2008, p. 1. 

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protection  rules  in  IMI  drawn  up  in  close  consultation  with  the  EDPS9.  The 
Commission considered that this step-by-step approach proved effective in ensuring 
a high level of technical and procedural data protection in IMI10. 

• 

Existing provisions in the area of the proposal 

The  processing  of  personal  data  in  IMI  is  addressed  by  the  Commission  Decisions 
and Recommendation listed in footnote 3. 

2. 

• 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

Over  the  past  year  the  Commission  informed  IMI  stakeholders,  including  national 
IMI  coordinators  and  authorities  using  the  system,  through  various  fora,  about  its 
plans for future IMI expansions. The reactions received showed general support for 
the  Commission’s  intention  to  propose  a  horizontal  legal  instrument  that  would 
remove any doubts as to the binding nature of the rules for the processing of personal 
data in the system. 

The  EDPS  was  consulted  informally  at  the  early  stages  of  the  preparation  of  the 
proposal,  as  well  as  formally  during  the  inter-service  consultation,  and  provided  a 
vital contribution. 

• 

Impact assessment 

As already mentioned, the present proposal consolidates the current rules governing 
IMI  within  a  single  horizontal  legally  binding  instrument.  Consequently,  no 
alternative policy options need to be considered at this stage. Moreover, the present 
proposal does not anticipate or preclude any future decisions on possible extension of 
IMI to new areas of Union law, but will merely facilitate such possible expansion by 
providing  a  robust  legal  framework  for  the  functioning  of  IMI  and  a  flexible 
procedure for future expansion decisions, which will be based on the criteria set out 
in  the  IMI  Strategy  Communication  mentioned  above.  For  these  reasons,  the 
proposal  has  not  been  subject  to  an  impact  assessment  analysis.  Any  subsequent 
decisions concerning the expansion of the use of IMI beyond the areas of Union law 
for which it is currently used will require proportionate impact assessments. 

3. 

• 

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10 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

Commission Recommendation of 26 March 2009 on data protection guidelines for the Internal Market 
Information System (IMI), OJ L 100, 18.4.2009, p. 12. 
Commission Report of 22 April 2010 on the state of data protection in the Internal Market Information 
System, COM(2010) 170 final. 

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The  present  proposal  aims  at  improving  the  conditions  for  the  functioning  of  the 
internal  market  by  providing  an  effective  and  user-friendly  tool  facilitating  the 
practical  implementation  of  provisions  of  Union  law  mandating  administrative 
cooperation and information exchange.  

The  proposed  Regulation  also  lays  down  the  main  principles  of  data  protection 
through IMI, including the rights of data subjects, in a single legal instrument, thus 
increasing transparency and enhancing legal certainty. The list of areas of Union acts 
currently supported by IMI is set out in Annex I. Areas of possible future expansion 
are  listed  in  Annex  II.  The  procedural  and  budgetary  aspects  aimed  at  facilitating 
future expansion of IMI are in line with the IMI Strategy Communication mentioned 
above.  

• 

• 

Legal basis:  

Article 114 TFEU 

Subsidiarity and proportionality principles 

Given the nature of IMI as a centralised communication tool developed and hosted 
by the Commission, it is necessary to establish a common set of rules applicable to 
the  system  and  to  implement  them  in  a  centralised  manner.  The  objectives  of  IMI, 
namely  the  removal  of  obstacles  to  cross-border  cooperation,  such  as  language 
barriers,  different  administrative  and  working  cultures  and  the  lack  of  established 
procedures for information exchange, cannot be achieved by the Member States and 
require  action  at  European  Union  level.  This  proposal  does  not  go  beyond  what  is 
necessary to achieve those objectives. 

• 

Choice of instruments 

Proposed instrument: regulation 

In view of the above objectives, it is essential to establish a set of common rules for 
the functioning of IMI. This could not be achieved in a directive which, by its very 
nature,  is  only  binding  as  to  the  result  to  be  achieved,  but  leaves  to  the  national 
authorities the choice of form and methods. Yet, in the case of the present proposal, 
it is necessary to precisely define the form and methods of administrative cooperation 
through  IMI.  In  terms  of  useful  precedents,  it  may  be  pointed  out  that  regulations 
have also been used for other large IT systems at EU level to address data protection 
and other issues11. In turn, to propose an act to be adopted by the Commission and 
not  by  the  European  Parliament  and  the  Council,  such  as  a  Commission  decision, 
would simply emulate the status quo and would not address the concerns about legal 
certainty towards the citizen expressed in the past by the EDPS. 

11 

See e.g. Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 
2006 on  the  establishment,  operation  and use  of  the  second  generation Schengen Information  System 
(SIS II) (OJ L 381, 28.12.2006, p. 4) and Regulation (EC) No 767/2008 of the European Parliament and 
of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data 
between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60). 

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4. 

BUDGETARY IMPLICATION  

As the use of IMI is mandatory for Member States under the Services Directive and 
the  recently  adopted  Directive  on  the  application  of  patients’  rights  in  cross-border 
healthcare12,  it  is  necessary  to  ensure  that  IMI  can  continue  to  operate  on  a 
permanent basis. For this reason, as well as to allow more efficient management and 
better control of the budget, it is proposed that the expenditure related to IMI be re-
grouped by bringing all costs under the same budget line managed by DG MARKT 
(12.02.01 Implementation and development of the Internal Market), as explained in 
the accompanying legislative financial statement. 

The  present  proposal  does  not  have  a  budgetary  impact  over  and  above  what  is  already 
foreseen in the years to come in the official programming of the Commission and it is without 
prejudice to the decisions on the post-2013 multi-annual financial framework. 

5. 

• 

OPTIONAL ELEMENTS 

European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  be  extended  to  the 
European Economic Area. 

• 

Detailed explanation of the proposal 

Choice of the legal basis 

The main objective of the proposal is to improve the conditions for the functioning of 
the internal market by providing an effective and user-friendly tool which facilitates 
the  practical  implementation  of  those  provisions  of  Union  acts  which  require 
Member  States  to  cooperate  with  one  another  and  with  the  Commission  and  to 
exchange  information  (including,  in  many  instances,  personal  data).  In  order  to 
ensure the efficient functioning of IMI, it is necessary to lay down certain common 
rules  related  to  its  governance  and  use.  This  includes  the  obligation  to  appoint  one 
national IMI coordinator per Member State (Article 7), the obligation on competent 
authorities to provide an adequate response in a timely manner (Article 8(1)) and the 
provision that information exchanged via IMI may be used for providing evidence in 
the same way as similar information obtained within the same Member State (Article 
8(2)). 

At  the  same  time,  a  high  level  of  data  protection  should  be  ensured  in  the 
implementation of IMI. 

Chapter I (General provisions) 

A number of provisions of Union acts require Member States to cooperate with one 
another  and  with  the  Commission  by  exchanging  information.  As  an  example,  the 
Professional  Qualifications  Directive  mandates  administrative  cooperation  and  the 

12 

Directive  2011/24/EC  of  the  European  Parliament  and  of  the  Council  of  9  March  2011  on  the 
application of patients’ rights in cross-border healthcare (OJ L 88/45, 4.04.2011, p. 45). 

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exchange  of  certain  information,  including  personal  data,  among  Member  States’ 
administrations.  Since  2008,  Member  States  have  agreed  to  use  IMI  for  such 
cooperation  and  exchanges  for  a  range  of  professions  that  has  been  expanded 
gradually with a view to covering all regulated professions.  The  Services Directive 
assigns mutual assistance obligations to Member States, including the obligation to 
supply  information  by  electronic  means  (Article  28(6)).  Commission  Decision 
2009/739/EC of 2 October 2009 sets out the practical arrangements for the exchange 
of information between Member States under the Services Directive. 

Since 16 May 2011, authorities across the EU that deal with posted workers are able 
to  exchange  information  through  IMI  on  a  pilot  basis13.  Moreover,  the  recently 
adopted  Directive  on  the  application  of  patients’  rights  in  cross-border  healthcare 
makes the use of IMI obligatory for exchanging information on the right to practise 
of  health  professionals14.  The  accompanying  document  to  the  ‘IMI  Strategy 
Communication’  lists  further  areas  that  could  benefit  from  IMI.  Furthermore, 
synergies between IMI and other IT tools used by the Commission, including in the 
area of problem solving, should be explored. 

The provisions of Articles 1, 2 and 3 aim to establish the purpose and scope of IMI.  

The  proposed mechanism for expanding IMI to new Union acts (Article 4) aims at 
providing the necessary flexibility for the future while ensuring a high level of legal 
certainty  and  transparency,  in  particular  for  data  subjects.  To  that  end,  Union  acts 
currently supported by IMI are set out in Annex I. In addition, Annex II lists areas of 
possible  future  expansion  of  IMI.  Following  an  assessment  of  technical  feasibility, 
cost-efficiency,  user-friendliness  and  overall  impact  on  the  system,  as  well  as  the 
results of a possible test phase, as appropriate, the Commission will be empowered to 
update the list of areas in Annex I accordingly, adopting a delegated act. 

Chapter II (Functions and responsibilities in relation to IMI) 

The provisions of this chapter are crucial for the efficient functioning of the system 
(e.g.  the  respective  roles  of  the  national  IMI  coordinator,  Article  7,  and  competent 
authorities,  Article 8).  In  particular,  competent  authorities  should  not  be  allowed  to 
question  the  evidentiary  value  of  a  document  received  from  another  Member  State 
solely because it was received by means of IMI and should treat it in the same way as 
similar documents originating in their Member State. The provisions also reflect the 
flexibility  offered  by  IMI  to  the  Member  States  in  allocating  the  different  roles 
within the system in line with their national administrative structure.  

Article  9  clarifies  the  role  of  the  Commission.  For  the  types  of  administrative 
cooperation currently covered by IMI, this remains limited to ensuring the security, 
availability, maintenance and development of the software and IT infrastructure for 
IMI. However, the Commission could also take an active part in IMI workflows, for 
instance  for  notification  procedures,  on  the  basis  of  legal  provisions  or  other 
arrangements underlying the use of IMI in a given area of the internal market.  

13 

14 

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning 
the posting of workers in the framework of the provision of services (OJ L 018, 21.01.1997, p. 1). See 
also Council conclusions of 7 March 2011 available at: 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/119621.pdf 
See footnote 12 above, Article 10(4). 

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Article 10 on access rights is central to ensuring effective protection for the personal 
data  processed  in  the  system.  It  specifies  in  particular  that  access  to  personal  data 
processed  in  IMI  must  be  limited  to  the  IMI  users  taking  part  in  the  procedure  in 
question.  

Chapter III (Data processing and security) 

Processing  of  personal  data  by  means  of  IMI  will  continue  to  be  based  on  pre-
defined workflows, question sets and other procedures (Article 12). This constitutes 
an additional guarantee of transparency for data subjects. 

Personal  data  processed  by  means  of  IMI  should  not  remain  accessible  for  longer 
than  necessary.  It  is  therefore  important  to  establish  maximum  retention  periods, 
following which the data should be blocked, i.e. rendered inaccessible to IMI users 
via  the  normal  interface  and  then  automatically  deleted  from  the  system  five  years 
after the closure of an administrative cooperation procedure (Article 13). The option 
of  blocking  data  after  18  months  (rather  than  immediate  deletion)  is  preferable  to 
ensure that data subjects are able to effectively exercise their rights, for example by 
obtaining evidence that an exchange of information through IMI took place in order 
to appeal against a decision based on such an exchange. This approach is also in line 
with the Court of Justice ruling in Case C-553/07 Rijkeboer. 

The  processing  of  personal  data  of  IMI  users  (e.g.  employees  of  national 
administrations using IMI) should be possible for purposes related to the functioning 
of  IMI,  such  as  ensuring  the  proper  functioning  of  the  system  by  IMI  coordinators 
and  the  Commission  or  gathering  information  related  to  administrative  cooperation 
in the internal market via surveys (Article 14). 

Article 15 reflects the fact that already today, under the Professional Qualifications 
and Services Directives, IMI is used to exchange data of a sensitive nature, including 
e.g. information about disciplinary or criminal sanctions. 

It  is  important  to  clarify  that  —  since  IMI  is  developed,  maintained  and  hosted 
centrally by the Commission — the applicable data security rules are those set out in 
Regulation (EC) No 45/2001 (Article 16). 

Chapter IV (Rights of data subjects and supervision) 

Given the diversity of competent authorities using IMI (more than 6 000 as of March 
2011), as well as the variety of situations and contexts in which IMI may be used in 
the future, it is not possible to lay down a one-size-fits-all solution for the exercise of 
data  subjects’  rights  in  the  proposed  Regulation.  The  obligations  of  competent 
authorities  are,  in  principle,  covered  by  national  data  protection  legislation,  while 
Articles  15  and  16  cover  issues  specific  to  IMI  (e.g.  blocked  data),  as  well  as  the 
obligations  of  the  Commission.  It  is  also  important  to  ensure  transparency  for  data 
subjects  whenever  the  exercise  of  their  rights  in  the  context  of  IMI  is  limited  by 
national legislation (Article 19). 

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Provisions for coordinated supervision follow the model established in the VIS and 
SIS II Regulations15 (Article 20). 

Chapter V (Geographic scope of IMI) 

The  legal  instrument  for  IMI  should  provide  sufficient  flexibility  to  accommodate 
future  developments  with  respect  to  the  use  of  the  system,  including  possibly 
involving third countries in the information exchanges in certain areas (Article 22), 
or  the  use  of  the  system  in  a  purely  domestic  context  (Article  21),  for  which  some 
Member States have already expressed an interest. In all such cases, the guarantees 
for personal data protection should continue to apply. 

Chapter VI (Final provisions) 

To  allow  for  the  extension  of  IMI  to  further  Union  acts,  the  Commission  will  be 
empowered  to  update  the  list  of  provisions  already  covered  by  IMI,  as  listed  in 
Annex I, with additional provisions included in Annex II. 

The  Commission  undertakes  to  produce  regular  reports  on  the  functioning  of  IMI, 
inter alia based on statistical information retrieved from the system and provided by 
Member States on request, as appropriate (Article 26).  

15 

Council conclusions of 10 December 2010. 

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2011/0226 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on administrative cooperation through the Internal Market Information System 
(‘the IMI Regulation’) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee16,  

Having regard to the opinion of the European Data Protection Supervisor,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

The application of certain Union acts governing the free movement of goods, persons, 
services  and  capital  in  the  internal  market  requires  Member  States  to  cooperate  and 
exchange information with one another and with the Commission. As practical means 
to  implement  such  information  exchange  are  often  not  specified  in  those  acts, 
appropriate practical arrangements need to be made. 

The Internal Market Information System (hereinafter ‘IMI’) is a software application 
accessible  via  the  Internet,  developed  by  the  European  Commission  in  cooperation 
with  the  Member  States,  in  order  to  assist  Member  States  with  the  practical 
implementation  of  information  exchange  requirements  laid  down  in  Union  acts  by 
providing a centralised communication mechanism to facilitate cross-border exchange 
of information and mutual assistance. In particular, IMI helps competent authorities to 
identify  their  counterpart  in  another  Member  State,  manage  the  exchange  of 
information,  including  personal  data,  on  the  basis  of  simple  and  unified  procedures 
and  overcome  language  barriers  on  the  basis  of  pre-defined  and  pre-translated 
workflows. 

16 

OJ C , , p. . 

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(3) 

(4) 

The  purpose  of  IMI  should  be  to  improve  the  functioning  of  the  internal  market  by 
providing  an  effective,  user-friendly  tool  for  the  implementation  of  administrative 
cooperation  between  the  Member  States  and  the  Commission,  thus  facilitating  the 
application of Union acts set out in the Annexes to this Regulation. 

The Commission  Communication17 ‘Better governance of the Single Market through 
greater administrative cooperation: A strategy for expansion and further development 
of  the  Internal  Market  Information  System  (“IMI”)’  set  out  plans  for  the  possible 
expansion  of  IMI  to  other  Union  acts.  The  Commission  Communication  ‘A  Single 
Market Act’ stressed the importance of IMI for strengthening cooperation among the 
actors involved, including at local level, thus contributing to better governance of the 
single market18. It is therefore necessary to establish a sound legal framework for IMI 
and a set of common rules to ensure that the system functions efficiently. 

(5)  Where  the  application  of  a  provision  of  a  Union  act  requires  Member  States  to 
exchange  personal  data  and  provides  for  the  purpose  of  this  processing,  such  a 
provision should be considered an adequate legal basis for the processing of personal 
data, subject to conditions set out in Articles 8 and 52 of the Charter of Fundamental 
Rights  of  the  European  Union.  IMI  should  be  seen  primarily  as  a  tool  used  for  the 
exchange of information (including personal data) which would otherwise take place 
via other means, including regular mail, fax or electronic mail on the basis of a legal 
obligation imposed on Member States' authorities and bodies in Union acts. 

(6) 

(7) 

(8) 

Following  the  privacy-by-design  principle,  IMI  has  been  developed  with  the 
requirements  of  data  protection  legislation  in  mind  and  has  been  data  protection-
friendly from its inception, in particular because of the restrictions imposed on access 
to personal data exchanged in the system. Therefore, IMI offers a considerably higher 
level  of  protection  and  security  than  other  methods  of  information  exchange  such  as 
mail, telephone, fax or e-mail. 

Administrative cooperation by electronic means between Member States and between 
Member States and the Commission should comply with the rules on the protection of 
personal data laid down in Directive 95/46/EC of the European Parliament and of the 
Council  of  24  October  1995  on  the  protection  of  individuals  with  regard  to  the 
processing of personal data and on the free movement of such data19 and in Regulation 
(EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 
on the protection of individuals with regard to the processing of personal data by the 
Community institutions and bodies and on the free movement of such data20. 

In  order  to  ensure  transparency,  in  particular  for  data  subjects,  the  Union  acts  for 
which  IMI  is  to  be  used  should  be  listed  in  Annex  I  to  this  Regulation.  Areas  of 
possible further expansion should be set out in Annex II. It is appropriate to identify in 
Annex II, a set of Union acts where it is necessary to evaluate the technical feasibility; 
cost  efficiency,  user  friendliness  and  the  overall  impact  on  the  system,  before  it  is 
decided to use IMI for such acts. 

17 
18 
19 
20 

COM (2011) 75. 
COM(2011) 206 
OJ L 281, 23.11.1995, p.31 
OJ L 8, 12.01.2001, p.1 

EN 

11 

   EN 

 
                                                 
(9) 

Nothing  in  this  Regulation  should  preclude  Member  States  and  the  Commission 
deciding  to  use  IMI  for  the  exchange  of  information  which  does  not  involve  the 
processing of personal data. 

(10)  This  Regulation  should  set  out  the  rules  for  using  IMI  for  the  purposes  of 
administrative  cooperation,  which  may  cover  inter  alia  the  one-to-one  exchange  of 
information,  notification  procedures, 
assistance 
arrangements and problem solving. 

alert  mechanisms,  mutual 

(11)  Member States should be able to adapt functions and responsibilities in relation to IMI 
to their internal administrative structures or to take into account particular needs of a 
specific  IMI  workflow.  The  tasks  of  IMI  coordinators  may  be  carried  out  by  one  or 
more delegated IMI coordinators, alone or jointly with others, for a particular area of 
the internal market, a division of the administration, a geographic region, or according 
to another criterion. 

(12)  While IMI is in essence a communication tool for public authorities, not open to the 
general  public,  technical  means  may  need  to  be  developed  to  allow  external  actors 
such  as  citizens,  enterprises  and  organisations  to  interact  with  the  competent 
authorities in order to supply information and retrieve data, or to exercise their rights 
as data subjects. Such technical means should include appropriate safeguards for data 
protection. 

(13)  The  exchange  of  information  through  IMI  follows  from  the  legal  obligation  on 
Member  States’  authorities  to  give  mutual  assistance.  To  ensure  that  the  internal 
market functions properly, information received by a competent authority through IMI 
from  another  Member  State  should  not  be  deprived  of  its  value  as  evidence  in 
administrative proceedings solely on the ground that it originated in another Member 
State or was received by electronic means, and it should be treated by the authority in 
the same way as similar documents originating in its Member State. 

(14)  To guarantee a high level of data protection, maximum retention periods for personal 
data  in  IMI  need  to  be  established.  However,  these  periods  also  need  to  be  long 
enough to allow data subjects to fully exercise their rights, for instance by obtaining 
evidence that an information exchange took place in order to appeal against a decision.  

(15) 

It should be possible to process the name and contact details of IMI users for purposes 
compatible with the objectives of this Regulation, including monitoring of the use of 
the  system  by  IMI  coordinators  and  the  Commission,  communication,  training  and 
awareness-raising initiatives, and gathering information on administrative cooperation 
or mutual assistance in the internal market. 

(16)  The  European  Data  Protection  Supervisor  should  monitor  and  ensure  the  application 
of the provisions of this Regulation, including the relevant provisions on data security. 

(17)  Data  subjects  should  be  informed  about  the  processing  of  their  personal  data  in  IMI 
and that they have the right of access to the data relating to them, and the right to have 
inaccurate  data  corrected  and  illegally  processed  data  erased,  in  accordance  with 
national legislation implementing Directive 95/46/EC. 

EN 

12 

   EN 

 
(18)  The administrative cooperation procedures provided for in IMI should be facilitated by 
predefined  workflows,  question  sets  and  forms  drawn  up  for  this  purpose  by  the 
Commission,  supplemented  as  appropriate  by  attached  files  and  free  text  input.  In 
order to ensure sufficient transparency for data subjects, the predefined workflows and 
forms and other arrangements relating to administrative cooperation procedures in IMI 
should be made public. 

(19)  Where Member States apply, in accordance with Article 13 of Directive 95/46/EC, any 
limitations  on  or  exceptions  to  the  rights  of  data  subjects,  information  about  such 
limitations  or  exceptions  should  be  made  public  in  order  to  ensure  full  transparency 
for data subjects. Such exceptions or limitations should be necessary and proportionate 
to the intended purpose and subject to adequate safeguards. 

(20)  Commission  Decision  2008/49/EC  of  12  December  2007  concerning 

the 
implementation  of  the  Internal  Market  Information  System  (IMI)  as  regards  the 
protection of personal data should be repealed21. Commission Decision 2009/739/EC 
of  2  October  2009  setting  out  the  practical  arrangements  for  the  exchange  of 
information  by  electronic  means  between  the  Member  States  under  Chapter  VI  of 
Directive 2006/123/EC of the European Parliament and of the Council on services in 
the  internal  market22  should  continue  to  apply  to  issues  relating  to  the  exchange  of 
information under Directive 2006/123/EC on services in the internal market23. 

(21)  The  Commission  should  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 290 of the Treaty in respect of Union acts, among those listed in Annex II, in 
which  provisions  on  administrative  cooperation  and  information  exchange  can  be 
implemented by means of IMI. 

HAVE ADOPTED THIS REGULATION: 

Chapter I 

GENERAL PROVISIONS 

Article 1 

Subject matter 

This  Regulation  lays  down  rules  for  the  use  of  an  Internal  Market  Information  System, 
hereinafter  ‘IMI’,  for  administrative  cooperation,  including  processing  of  personal  data, 
among competent authorities in the Member States and the Commission. 

Article 2 

Establishment of the Internal Market Information System 

An Internal Market Information System is hereby established. 

21 
22 
23 

OJ L 13, 16.01.2008, p.18 
OJ L 263, 07.10.209, p.32 
OJ L 376, 27.12.2006, p.36 

EN 

13 

   EN 

 
                                                 
Article 3 

Scope 

IMI shall be used for exchange of information between competent authorities in the Member 
States  and  the  Commission  necessary  for  the  implementation  of  internal  market  acts  which 
provide  for  administrative  cooperation,  including  the  exchange  of  personal  data,  between 
Member States or between Member States and the Commission. The internal market acts are 
set out in Annex I. 

Article 4 

Development of IMI 

1. 

2. 

For the acts listed in Annex II to this Regulation, the Commission may decide that 
IMI  shall  be  used,  taking  into  account  technical  feasibility,  cost-efficiency,  user-
friendliness and overall impact on the system. In such cases, the Commission shall be 
empowered  to  include  those  acts  in  Annex  I  following  the  procedure  referred  to  in 
Article 23. 

The adoption of the delegated act may be preceded by a test phase (pilot project) of a 
limited duration involving several or all Member States. 

Article 5 

Definitions 

For  the  purposes  of  this  Regulation,  the  definitions  in  Directive  95/46/EC  and  Regulation 
(EC) No 45/2001 shall apply. 

In addition, the following definitions shall also apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

‘Internal Market Information System’ (‘IMI’) means the electronic tool provided by 
the  European  Commission  to  facilitate  administrative  cooperation  between  national 
administrations and the Commission;  

‘administrative cooperation’ means competent authorities of Member States and the 
Commission  working  in  close  collaboration,  by  exchanging  information,  including 
through notifications, or by providing mutual assistance, including for the resolution 
of problems, for the purpose of better application of Union law; 

‘internal  market  area’  means  a  legislative  or  functional  field  of  the  internal  market 
within the meaning of Article 26(2) of the Treaty in which IMI is used in accordance 
with Article 3 above; 

‘administrative  cooperation  procedure’  means  a  pre-defined  workflow  provided  for 
in  IMI  allowing  IMI  actors  to  communicate  and  interact  with  each  other  in  a 
structured manner; 

‘competent authority’ means any body established at either national, regional or local 
level with specific responsibilities relating to the application of national or Union law 

EN 

14 

   EN 

 
(f) 

(g) 

(h) 

(i) 

(j) 

in one or more internal market areas whose registration in IMI has been validated by 
an IMI coordinator; 

‘IMI coordinator’ means a body appointed by the Member States to perform support 
tasks  necessary  for  the  efficient  functioning  of  IMI  in  accordance  with  this 
Regulation; 

‘IMI  user’  means  a  natural  person  working  under  the  control  of  a  competent 
authority, of an IMI coordinator or of the Commission and registered in IMI on their 
behalf;  

‘IMI actors’ means the competent authorities, IMI coordinators and the Commission; 

‘external  actors’  means  natural  or  legal  persons  other  than  IMI  users  that  may  use 
IMI through technical means and in accordance with a specific pre-defined workflow 
provided for this purpose; 

‘blocking’  means  applying  technical  means  by  which  personal  data  become 
inaccessible to IMI users via the normal interface of the application. 

FUNCTIONS AND RESPONSIBILITIES IN RELATION TO IMI 

Chapter II 

Article 6 

General purpose 

IMI  actors  shall  exchange  and  process  personal  data  only  for  the  purposes  defined  in  the 
relevant legal basis as referred to in Annex I. 

Article 7 

IMI coordinators 

1. 

(a) 

(b) 

(c) 

(d) 

2. 

Each  Member  State  shall  appoint  one  national  IMI  coordinator  whose  tasks  shall 
include: 

registering or validating registration of IMI coordinators and competent authorities; 

acting as the main contact point for issues related to IMI and as the interlocutor of 
the Commission, including for aspects related to the protection of personal data; 

providing knowledge, training and support, including technical support, to competent 
authorities and IMI users; 

ensuring  the  efficient  functioning  of  the  system,  including  timely  and  adequate 
responses by competent authorities to requests for administrative cooperation. 

Each Member State may additionally appoint one or more IMI coordinators in order 
to carry out one or more of the above tasks, according to its internal administrative 
structure.  

EN 

15 

   EN 

 
3. 

4. 

5. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Member  States  shall  inform  the  Commission  of  the  IMI  coordinators  appointed  in 
accordance  with  paragraphs  1  and  2  and  of  the  tasks  for  which  they  shall  be 
responsible. The Commission shall share this information with other Member States. 

Member  States  shall  ensure  that  IMI  coordinators  have  adequate  resources  to 
perform their duties in accordance with this Regulation. 

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. 

Article 8 

Competent authorities 

When  cooperating  by  means  of  IMI,  the  competent  authorities  shall  ensure  that  an 
adequate  response  is  provided  within  the  shortest  possible  period  of  time  or  within 
the deadline set by the applicable Union act, acting through IMI users in accordance 
with administrative cooperation procedures. 

Competent authorities may invoke as evidence any information, documents, findings, 
statements, certified true copies or intelligence communicated by means of IMI, on 
the  same  basis  as  similar  documents  obtained  in  their  own  country,  for  purposes 
compatible with the purposes for which the data was originally collected. 

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 
appropriate. 

Member  States  shall  ensure  that  competent  authorities  have  adequate  resources  to 
perform their duties in accordance with this Regulation. 

Article 9 

Commission 

The  Commission  shall  ensure 
the  security,  availability,  maintenance  and 
development  of  the  software  and  IT  infrastructure  for  IMI.  It  shall  provide  a 
multilingual system, training in cooperation with the Member States, and a helpdesk 
to assist Member States in the use of IMI. 

The Commission may participate in administrative cooperation procedures involving 
the processing of personal data where required by a Union act listed in Annex I.  

The  Commission  shall  register  the  national  IMI  coordinators  and  shall  grant  them 
access to IMI. 

EN 

16 

   EN 

 
4. 

5. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

The Commission shall perform processing operations on personal data in IMI where 
provided for in this Regulation. 

For the purposes of performing its tasks under this Article and for producing reports 
and statistics, the Commission shall have access to the necessary information relating 
to the processing operations performed in IMI. 

Article 10 

Access rights of IMI actors and users 

Only IMI users duly authorised by and acting on behalf of an IMI actor shall have 
access to IMI. 

Member  States,  in  cooperation  with  the  Commission,  shall  designate  the  IMI 
coordinators  and  competent  authorities  and  the  internal  market  areas  in  which  they 
have competence. 

Each IMI actor shall grant and revoke, as necessary, appropriate access rights to its 
IMI users in the internal market area for which it is competent. 

Appropriate technical means shall be put in place to ensure that IMI users are able 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. 

The use of personal data processed by means of IMI for a specific purpose in a way 
incompatible  with  that  original  purpose  shall  be  prohibited,  unless  explicitly 
provided for by law. 

Where an administrative cooperation procedure involves the processing of personal 
data,  only  the  IMI  users  participating  in  that  procedure  shall  have  access  to  such 
personal data. 

External  actors  may  use  IMI  with  the  technical  means  provided  for  this  purpose, 
where  necessary 
to  facilitate  administrative  cooperation  between  competent 
authorities in Member States, or in order to exercise their rights as data subjects, or 
where otherwise provided for by a Union act. 

Article 11 

Confidentiality 

Each Member State shall apply its rules of professional secrecy or other equivalent 
duties of confidentiality to its IMI actors and IMI users, in accordance with national 
legislation. 

IMI actors shall ensure that requests of other IMI actors for confidential treatment of 
information  exchanged  by  means  of  IMI  are  complied  with  by  IMI  users  working 
under their authority. 

EN 

17 

   EN 

 
Article 12 

Administrative cooperation procedures 

IMI shall be based on administrative cooperation procedures developed and updated for that 
purpose by the Commission, in close cooperation with the Member States. 

Chapter III 

DATA PROCESSING AND SECURITY 

Article 13 

Retention of personal data  

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

Personal  data  processed  in  IMI  shall  be  blocked  at  the  latest  eighteen  months  after 
the  formal  closure  of  an  administrative  cooperation  procedure,  unless  blocking 
before that period is expressly requested by a competent authority, on a case-by-case 
basis. 

Where  an  administrative  cooperation  procedure  in  IMI  establishes  a  repository  of 
information for future reference by IMI actors, the personal data included in such a 
repository may be processed for as long as it is needed for this purpose either with 
the consent of the data subject or where this is necessary to comply with a Union act. 

Personal  data  blocked  pursuant  to  this  Article  shall,  with  the  exception  of  their 
storage,  only  be  processed  for  purposes  of  proof  of  an  information  exchange  by 
means of IMI, or with the data subject’s consent. 

The  blocked  data  shall  be  automatically  deleted  after  five  years  have  elapsed  from 
the closure of the administrative cooperation procedure. 

The  Commission  shall  ensure  by  technical  means  the  blocking  and  deletion  of 
personal data and their retrieval in accordance with paragraph 3. 

Article 14 

Retention of personal data of IMI users 

By  derogation  from  Article  13,  paragraphs  2  and  3  shall  apply  to  the  retention  of 
personal data of IMI users. 

Personal data relating to IMI users shall be stored in IMI as long as they continue to 
be users of IMI and may be processed for purposes compatible with the objectives of 
this Regulation. 

These personal data shall include the full name and all electronic and other means of 
contact necessary for the purposes of this Regulation. 

When a natural person ceases to be an IMI user, the personal data relating to him or 
her shall be blocked by technical means for a period of five years. They shall, with 

EN 

18 

   EN 

 
the  exception  of  their  storage,  only  be  processed  for  purposes  of  proof  of  an 
information  exchange  by  means  of  IMI  and shall  be  deleted  at  the  end  of  the  five-
year period. 

Article 15 

Processing of special categories of data 

The  processing  of  special categories of  data referred to in Article 8(1) of Directive 
95/46/EC  and  Article  10(1)  of  Regulation  (EC)  45/2001  by  means  of  IMI  shall  be 
allowed  only  on  the  basis  of  a  specific  ground  mentioned  in  Article  8(2)  of  the 
Directive  and  Article  10(2)  of  the  Regulation  and  with  appropriate  safeguards  to 
ensure the rights of individuals whose personal data are processed. 

IMI may be used for the processing of data relating to offences, criminal convictions 
or  security  measures  referred  to  in  Article  8(5)  of  Directive  95/46/EC  and  Article 
10(5)  of  Regulation  (EC)  45/2001, 
information  on  disciplinary, 
administrative  or  criminal  sanctions  or  other  information  necessary  to  establish  the 
good repute of an individual or a legal person, where the processing of such data is 
provided  for  in  a  Union  act  constituting  the  basis  for  the  processing  or  with  the 
explicit consent of the data subject, subject to appropriate specific safeguards. 

including 

Article 16 

Security 

The processing of personal data under this Regulation shall comply with the rules on 
data security adopted by the Commission further to Article 22 of Regulation (EC) No 
45/2001. 

The  Commission  shall  put  in  place  the  necessary  measures  to  ensure  security  of 
personal  data  processed  in  IMI,  including  appropriate  data  access  control  and  a 
security plan which shall be kept up-to-date. 

The  Commission  shall  ensure  that,  in  case  of  a  security  incident,  it  is  possible  to 
verify what personal data has been processed in IMI, when, by whom and for what 
purpose.  

Chapter IV 

RIGHTS OF DATA SUBJECTS AND SUPERVISION 

Article 17 

Information to data subjects and transparency 

IMI  actors  shall  ensure  that  data  subjects  are  informed  about  processing  of  their 
personal  data  in  IMI  and  that  they  have  access  to  a  privacy  notice  explaining  their 
rights and how to exercise them, in accordance  with Articles 10  or  11 of Directive 
1995/46/EC and national legislation which is in accordance with that Directive.  

1. 

2. 

1. 

2. 

3. 

1. 

2. 

The Commission shall make publicly available: 

EN 

19 

   EN 

 
(a) 

(b) 

(c) 

a comprehensive privacy notice concerning IMI in accordance with Articles 10 
and 11 of Regulation (EC) No 45/2001, in a clear and understandable form; 

information  on  the  data  protection  aspects  of  administrative  cooperation 
procedures in IMI as referred to in Article 12; 

information on exceptions to or limitations of data subjects’ rights as referred 
to in Article 19. 

Article 18 

Right of access, correction and erasure 

1. 

2. 

3. 

IMI  actors  shall  ensure  that  the  data  subject  may  effectively  exercise  the  right  of 
access to data relating to him or her, and the right to have inaccurate or incomplete 
data  corrected  and  unlawfully  processed  data  deleted,  in  accordance  with  national 
legislation. The correction and deletion shall be carried out within 60 days by the IMI 
actor responsible. 

Personal  data  blocked  pursuant  to  Article  13(1)  shall  not  be  rectified  or  deleted 
unless it can be clearly demonstrated that such rectification or deletion is necessary 
to protect the rights of the data subject and does not undermine their value as proof 
of an information exchange by means of IMI. 

Where  the  accuracy  or  lawfulness  of  data  blocked  pursuant  to  Article  13(1)  is 
contested  by  the  data  subject,  this  fact  shall  be  recorded  as  well  as  the  accurate, 
corrected information. 

Article 19 

Exceptions and limitations 

Where Member States provide for exceptions to or limitations of data subjects’ rights set out 
in  this  Chapter  in  national  legislation  in  accordance  with  Article  13  of  Directive  95/46/EC, 
they shall inform the Commission thereof. 

Article 20 

Supervision 

1. 

2. 

The  national  supervisory  authority  or  authorities  designated  in  each  Member  State 
and  endowed  with  the  powers  referred  to  in  Article  28  of  Directive  95/46/EC  (the 
‘National Supervisory Authority’) shall monitor the lawfulness of the processing of 
personal  data  by  the  competent  authorities  within  their  territory  and  in  particular 
shall ensure that the rights of data subjects set out in this Chapter are respected. 

The  European  Data  Protection  Supervisor  shall  ensure  that  the  personal  data 
processing activities of the Commission in its role as an IMI actor are carried out in 
accordance with this Regulation. The duties and powers referred to in Articles 46 and 
47 of Regulation (EC) No 45/2001 shall apply accordingly. 

EN 

20 

   EN 

 
3. 

1. 

(a) 

(b) 

(c) 

2. 

1. 

(a) 

(b) 

The National Supervisory Authorities and the European Data Protection Supervisor, 
each  acting  within  the  scope  of  their  respective  competences,  shall  ensure 
coordinated  supervision  of  the  IMI  system  and  its  use  by  competent  authorities  in 
Member  States.  The  European  Data  Protection  Supervisor  may  invite  the  National 
Supervisory Authorities to meet for that purpose when necessary. The costs of these 
meetings  shall  be  for  the  account  of  the  European  Data  Protection  Supervisor. 
Further  working  methods  for  this  purpose,  including  rules  of  procedure,  may  be 
developed  jointly  as  necessary.  A  joint  report  of  activities  shall  be  sent  to  the 
European Parliament, the Council and the Commission at least every three years. 

Chapter V 

GEOGRAPHIC SCOPE OF IMI 

Article 21 

National use of IMI 

A Member State may use IMI for the purpose of administrative cooperation between 
competent  authorities  within  its  territory  in  accordance  with  national  law,  on 
condition that: 

no  substantial  changes  to  the  existing  administrative  cooperation  procedures  are 
required; and 

a  notification  of  the  envisaged  use  of  IMI  has  been  submitted  to  the  National 
Supervisory Authority; and 

it has no significant impact on the efficient functioning of IMI. 

Where the national use of IMI is likely to have a significant impact on the efficient 
functioning of IMI, the Member State shall notify such use to the Commission and 
seek  its  prior  approval.  Where  necessary,  an  agreement  setting  out  inter  alia  the 
technical, financial and organisational arrangements, including the responsibilities of 
the IMI actors, shall be concluded between the Member State and the Commission.  

Article 22 

Information exchange with third countries 

Personal  data  may  be  exchanged  in  IMI  pursuant  to  this  Regulation  between  IMI 
actors within the Union and in a third country only where the following conditions 
are satisfied: 

the data are processed pursuant to a provision listed in the Annex I and an equivalent 
provision of law of the third country; 

the  data  are  exchanged  or  made  available  in  accordance  with  an  international 
agreement providing for the application of a provision listed in Annex I by the third 
country; and 

EN 

21 

   EN 

 
(c) 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

3. 

the  Commission  has  adopted  a  decision  finding  that  the  third  country  in  question 
ensures  adequate  protection  of  personal  data  in  accordance  with  Article  25(6)  of 
Directive  95/46/EC,  or  the  provision  of  Article  26  of  Directive  95/46/EC  apply, 
including adequate safeguards that the data processed in IMI shall only be used for 
the purpose for which they were initially exchanged. 

Where the Commission is an IMI actor, Articles 9(1) and 9(7) of Regulation 45/2001 
shall apply to any exchange of personal data processed in IMI with IMI actors in a 
third country. 

The  Commission  shall  publish  in  the  Official  Journal  of  the  European  Union  an 
updated  list  of  third  countries  concerned  by  information  exchanges  in  accordance 
with this Article. 

Chapter VI 

FINAL PROVISIONS 

Article 23 

Exercise of the delegation 

The powers to adopt the delegated acts referred to in Article 4 shall be conferred on 
the Commission for an indeterminate period of time. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

The powers to adopt delegated acts are conferred on the Commission subject to the 
conditions laid down in Articles 24 and 25. 

Article 24 

Revocation of the delegation 

The  delegation  of  power  referred  to  in  Article  3  may  be  revoked  by  the  European 
Parliament or by the Council. 

The institution which has commenced an internal procedure for deciding whether to 
revoke the delegation of power shall inform the other legislator and the Commission 
at the latest one month before the final decision is taken, stating the delegated powers 
which could be subject to revocation and the reasons for a revocation. 

The  decision  of  a  revocation  shall  put  an  end  to  the  delegation  of  the  powers 
specified in that decision. It shall take effect immediately or at a later data specified 
therein. It shall not affect the validity of the delegated acts already in force. It shall 
be published in the Official Journal of the European Union. 

Article 25 

Objections to delegated acts 

EN 

22 

   EN 

 
1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

The European Parliament and the Council may object to the delegated act within a 
period of two months from the date of notification. At the initiative of the European 
Parliament or the Council this period shall be extended by one month. 

If,  on  expiry  of  that  period,  neither  the  European  Parliament  nor  the  Council  has 
objected to the delegated act, or if, before that date, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  have  decided  not  to  raise 
objections, the delegated act shall enter into force at the date stated in its provisions. 

If  the  European  Parliament  or  the  Council  objects  to  the  adopted  delegated  act,  it 
shall  not  enter  into  force.  The  institution  which  objects  shall  state  the  reasons  for 
objecting to the delegated act. 

Article 26 

Monitoring and reporting 

The  Commission  shall  report  to  the  European  Parliament  and  the  Council  on  the 
functioning of IMI on a yearly basis. 

Every  three  years,  the  Commission  shall  report  to  the  European  Data  Protection 
Supervisor  on  aspects  relating  to  the  protection  of  personal  data  in  IMI,  including 
data security. 

For the purpose of producing the reports referred to in paragraphs 1 and 2, Member 
States shall provide the Commission, on request, with any information relevant to the 
application  of  this  Regulation,  including  on  the  application  in  practice  of  the  data 
protection requirements laid down in this Regulation. 

Article 27 

Costs 

The costs incurred for the development, operation and maintenance of IMI shall be 
borne  by  the  general  budget  of  the  European  Union,  without  prejudice  to 
arrangements under Article 21(2). 

Unless  otherwise  stipulated  in  a  Union  act,  the  costs  for  the  IMI  operations  at 
Member  State  level,  including  the  human  resources  needed  for  training,  promotion 
and technical assistance (helpdesk) activities, as well as for the administration of the 
system at national level, shall be borne by each Member State. 

Article 28 

Entry into force 

This Regulation shall enter into force on the […] day following that of its publication in the 
Official Journal of the European Union. 

EN 

23 

   EN 

 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at […], 

For the European Parliament 
The President 

For the Council 
The President 

EN 

24 

   EN 

 
Annex I referred to in Article 3 listing the provisions on administrative cooperation in 
Union acts that are implemented by means of IMI 

Directive  2006/123/EC  of  the  European  Parliament  and  of  the  Council  of  12 

1. 
December 2006 on services in the internal market: Chapter VI 

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 

2. 
2005 on the recognition of professional qualifications: Articles 8, 50, 51 and 56 

Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 

3. 
on the application of patients' rights in cross-border healthcare: Article 1024 

24 

OJ L 88, 04.04.2011, p.45 

EN 

25 

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Annex II referred to in Article 4 on potential areas in which provisions on 
administrative cooperation may be implemented by means of IMI 

I. 

Internal market and free movement of goods 

(1) 

Commission Recommendation of 7 December 2001 on principles for using 'SOLVIT' 
– the Internal Market Problem Solving Network: Chapters I and II25 

II. 

Freedom of establishment and to provide services 

(1) 

(2) 

(3) 

Directive  2006/123/EC  of  the  European  Parliament  and  of  the  Council  of  12 
December 2006 on services in the internal market: Articles 15(7) and 39(5) 

Directive 96/71/EC of the European Parliament and of the Council of 16 December 
1996  concerning  the  posting  of  workers  in  the  framework  of  the  provision  of 
services: Article 426 . 

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 
on  certain  legal  aspects  of  information  society  services,  in  particular  electronic 
commerce, in the Internal Market ('Directive on electronic commerce'): Article 327 

[4. 
Proposal  for  a  DIRECTIVE  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE 
COUNCIL  amending  Directives  89/666/EEC,  2005/56/EC  and  2009/101/EC  as  regards  the 
interconnection of central, commercial and companies registers (COD/2011/0038)] 

III. 

Free movement of persons 

(1) 

Directive  2011/24/EU  of  the  European  Parliament  and  of  the  Council  of  9  March 
2011 on the application of patients' rights in cross-border healthcare: Article 6 

IV. 

Freedom of capital and payments 

[1. 
Proposal  for  a  REGULATION  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE 
COUNCIL  on  the  professional  cross  border  transport  of  euro  cash  by  road  between  euro-
area Member States (COD/2010/0204)] 

25 
26 
27 

OJ L 331, 15.12.2001, p.79 
OJ L 018, 21.1.1997, p.1 
OJ L 178, 17.7.2000, p.1 

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26 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

[to be used for any proposal or initiative submitted to the legislative authority 

(Articles 28 of the Financial Regulation and 22 of the implementing rules)] 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party participation in financing  

3.3.  Estimated impact on revenue

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Regulation  (EC)  No  xxx  of  the  European  Parliament  and  of  the  Council  on  administrative 
cooperation through the Internal Market Information System (‘the IMI Regulation’) 

1.2. 

Policy area(s) concerned in the ABM/ABB structure28  

Internal Market — Services 

1.3. 

Nature of the proposal/initiative 

(cid:59)The proposal/initiative relates to the extension of an existing action  

1.4. 

Objectives 

1.4.1.  The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative  

In its Communication ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ 
(COM(2010) 2020), the Commission proposed that bottlenecks in the single market be tackled 
by,  inter  alia,  ‘reinforcing  structures  to  implement  single  market  measures  on  time  and 
correctly,  including  […]  the  Services  Directive  […],  enforce  them  effectively  and  when 
problems arise, resolve them speedily’. 

The Internal Market Information System (‘IMI’) is an on-line communication tool developed 
by the European Commission and offered as a free service to Member States since 2008. It is 
currently  used  for  the  exchange  of  information  pursuant  to  Directive  2005/36/EC  of  the 
European  Parliament  and  of  the  Council  of  7  September  2005  on  the  recognition  of 
professional  qualifications29  (‘the  Professional  Qualifications  Directive’)  and  Directive 
2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services 
in the internal market30 (‘the Services Directive’). 

IMI  allows  national,  regional  and  local  authorities  to  communicate  quickly  and  easily  with 
their counterparts across borders, following uniform working methods agreed by all Member 
States. IMI helps its users to (i) find the right authority to contact, (ii) communicate with them 
using  pre-translated  sets  of  questions  and  answers  and  (iii)  follow  the  progress  of  the 
information request through a tracking mechanism. For example, an authority in Ireland that 
needs  information  from  a  Hungarian  body  can  select  a  question  in  English.  The  Hungarian 
authority  sees  the  question  and  corresponding  reply  options  in  Hungarian;  its  reply  will  be 
received in English. 

28 
29 
30 

ABM: Activity-Based Management — ABB: Activity-Based Budgeting. 
OJ L 255, 30.9.2005, p. 22. 
OJ L 376, 27.12.2006, p. 36. 

EN 

28 

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According to the Commission Communication ‘Towards a Single Market Act’, extending IMI 
to  other  sectors  ‘with  a  view  to  creating  a  genuine  face-to-face  electronic  network  for 
European  administrations’  is  one  of  the  keys  to  promoting  better  governance  of  the  single 
market31. The Commission Communication 'A Single Market Act' stressed the importance of 
IMI  for  strengthening  cooperation  among  the  actors  involved,  including  at  local  level,  thus 
contributing to better governance of the single market32. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective No 12: Develop the full potential of the Internal Market Information System 
(IMI) to support improved implementation of single market legislation. 

The use of IMI is mandatory under the Services Directive. 

The Commission set out plans for the future expansion of IMI to other areas of Union law in 
its  Communication  ‘Better  governance  of  the  Single  Market  through  greater  administrative 
cooperation: A strategy for expanding and developing the Internal Market Information System 
(COM(2011) 75 final) (‘the IMI Strategy Communication’). 

The objectives of this proposal are to: 

establish a sound legal framework for IMI and a set of common rules to ensure that it 

- 
functions efficiently; 

provide a comprehensive data protection framework by setting out the rules for personal 

- 
data protection which apply to IMI in a single horizontal legal instrument; 

- 

- 

facilitate possible future expansion of IMI to new areas of Union law; 

clarify the roles of the different actors involved in the IMI system.  

In order to achieve these objectives, we will continue the following activities: 

1.  Maintenance, i.e. prevention and correction of failure, minor improvements to existing 
functionalities, ensuring operational continuity of the system; 

2. 

3. 

Hosting of system infrastructure; 

Development, i.e. implementation of new system requirements; and 

Communication  and  awareness-raising  activities,  including  conferences,  training 

4. 
sessions and the preparation of promotional and training material.  

ABM/ABB activity(ies) concerned 

31 

32 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and  Social 
Committee  and  the  Committee  of  the  Regions  ‘Towards  a  Single  Market  Act.  For  a  highly  competitive  social 
market  economy.  50  proposals  for  improving  our  work,  business  and  exchanges  with  one  another’,  COM(2010) 
608 final, proposal No 45 on p. 31. 
See footnote 6 above. 

EN 

29 

   EN 

 
                                                 
12/03 4: Internal Market for Services 

As  the  system  expands  to  other  areas  of  Union  law,  other  ABM/ABB  activities  may  be 
concerned. 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

A  high  level  of  legal  certainty  with  respect  to  the  processing  of  personal  data  of  EU 
1. 
citizens by means of IMI and thereby removal of legal barriers to the expansion of IMI to new 
areas of Union law; 

2. 

A flexible framework for possible future expansion of IMI to new areas of Union law; 

3. 
Clarification of the respective roles and obligations of the Commission, Member States, 
national authorities and the European Data Protection Supervisor with respect to information 
exchanges by means of IMI; 

Cost  savings  by  re-using  an  existing  IT  tool  in  new  areas  instead  of  developing  new 

4. 
single-purpose tools; 

5. 
Ensuring future sustainability of the financing of IMI, given its mandatory status under 
the  Services  Directive  and  possible  future  expansion,  in  line  with  the  IMI  Strategy 
Communication. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

The proposal will contribute to more effective application of Union law in areas for which IMI 
is used and will save IT development and maintenance costs. 

Its direct impact could be measured using the following indicators: 

the  number  of  legislative  areas  covered  by  IMI  (increase  compared  to  the  two  areas 

- 
existing in 2011); 

- 

the number of information exchanges taking place by means of IMI on a yearly basis; 

the number of competent authorities actively using the system (i.e. not simply registered 

- 
as users); 

- 

estimated cost savings per new policy area added. 

EN 

30 

   EN 

 
1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

The  proposal  will  provide  a  high  level  of  legal  certainty  with  respect  to  the  processing  of 
personal data in IMI, in line with the suggestions of the European Data Protection Supervisor. 
In the long term, it will facilitate the possible future expansion of IMI to new areas of Union 
law by providing a flexible framework for such expansion. 

1.5.2.  Added value of EU involvement 

Given  the  nature  of  IMI  as  a  centralised  communication  tool  developed  and  hosted  by  the 
Commission, it is necessary to establish a common set of rules applicable to the system and to 
implement  them  in  a  centralised  manner.  The  Commission  offers  IMI  as  a  free  service  to 
Member States, providing maintenance and development services, a helpdesk and hosting the 
computing infrastructure. These tasks could not be performed in a decentralised manner. 

IMI  overcomes  obstacles  to  cross-border  cooperation,  such  as  language  barriers,  different 
administrative  and  working  cultures  and  the  lack  of  established  procedures  for  information 
exchange. Because of the involvement of Member States in designing the system, IMI offers 
uniform working methods agreed by all Member States. 

1.5.3.  Lessons learned from similar experiences in the past 

IMI  was  launched  in  2008.  More  than  5 700  competent  authorities  and  11 000  users  are 
currently registered in the system. Some 2 000 information exchanges took place in 2010. 

From  a  legal  point  of  view,  IMI  operates  on  the  basis  of  a  Commission  decision,  a 
‘comitology’  decision,  and  a  Commission  recommendation33.  The  lack  of  a  single  legal 
instrument  adopted  by  the  European  Parliament  and  the  Council  came  to  be  seen  as  an 
obstacle to further expansion. 

The  initial  development  cost  of  IMI  was  funded  by  the  IDABC  (Interoperable  Delivery  of 
Pan-European  e-Government  Services  to  Public  Administrations,  Business  and  Citizens) 
programme,  until  it  came  to  an  end  in  2009.  Until  July  2010,  DG  MARKT  bore  the  costs 
associated  with  maintenance,  second-line  support,  system  administration,  hosting,  training, 
communication  and  awareness  raising.  In  July  2010,  the  ISA  (Interoperability  Solutions  for 
European  Public  Administrations)  programme  (2010-2015)34
  agreed  to  finance  IMI,  funding 
the  operation  and  improvement  of  the  application  in  2010.  It  is  anticipated  that  the  ISA 

33 

34 

Commission  Decision  2008/49/EC  of  12  December  2007  concerning  the  implementation  of  the  Internal  Market 
Information  System  (IMI)  as  regards  the  protection  of  personal  data  (OJ  L  13,  16.1.2008,  p.  18),  Commission 
Decision 2009/739/EC of 2 October 2009 setting out the practical arrangements for the exchange of information by 
electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament 
and of the Council on services in the internal market (OJ L 263, 7.10.2009, p. 32), Commission Recommendation 
of  26  March  2009  on  data  protection  guidelines  for  the  Internal  Market  Information  System  (IMI)  (OJ  L  100, 
18.4.2009, p. 12). 
Decision No 922/2009/EC, OJ L 260; 3.10.2009, p. 20. 

EN 

31 

   EN 

 
                                                 
programme  will  continue  to  provide  funding  for  IMI  at  least  until  2012.  DG  MARKT 
continues to bear the cost of hosting, training, communication and awareness raising. 

Since  use  of  the  system  is  mandatory  for  the  Services  Directive  and  given  the  plans  for  the 
future expansion of IMI to new areas of Union law, financing aspects will need to be clarified 
and a stable and sustainable financing beyond 2012 will need to be ensured. 

1.5.4.  Coherence and possible synergy with other relevant instruments 

The  Commission  Communication  ‘Better  governance  of  the  Single  Market  through  greater 
administrative cooperation: A strategy for expansion and further development of the Internal 
Market  Information  System  (‘IMI’)’  (COM(2011)  75  final)  set  out  plans  for  the  future 
expansion of IMI to other areas of EU law. 

The  Commission  Communication  'A  Single  Market  Act'  stressed  the  importance  of  IMI  for 
strengthening  cooperation  among  the  actors  involved,  including  at  local  level,  thus 
contributing to better governance of the single market35. 

1.6. 

Duration and financial impact  

(cid:59) Proposal/initiative of unlimited duration 

The proposal is expected to enter into force in 2013. 

1.7.  Management mode(s) envisaged36  

(cid:59) Centralised direct management by the Commission  

35 
36 

See footnote 6 above. 
Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html. 

EN 

32 

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2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The Commission will produce an annual report on the development and performance of IMI. 
In addition, a report on IMI data protection issues, including security, will be submitted to the 
European Data Protection Supervisor periodically.  

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

The  Commission  is  the  ‘system  owner’  of  IMI,  and  responsible  for  its  daily  operation, 
maintenance  and  development.  The  system  is  developed  and  hosted  by  an  internal  supplier, 
namely a Commission DG (DIGIT), which ensures a high level of business continuity. 

With the expansion of IMI to new legislative areas governance may become more complex as 
the  group  of  stakeholders  will  grow  and  different  demands  may  need  to  be  reconciled.  This 
process needs to be carefully managed.  

2.2.2.  Control method(s) envisaged  

The IT maintenance and development of IMI is governed by a memorandum of understanding 
between  MARKT  and  DIGIT  which  sets  out  the  rules  and  procedures  and  the  respective 
responsibilities  and  obligations  of  the  system  owner  (MARKT)  and  the  system  supplier 
(DIGIT).  Regular  meetings  and  reporting  instruments  facilitate  close  monitoring  of  the  IT 
maintenance and development work. 

The IMI Steering committee, including representatives of all stakeholders in the IMI project 
(system  owner,  system  supplier,  Internal  Market  Advisory  Committee  and  IMI  users)  is 
responsible for, inter alia, high-level monitoring and control. The IMAC IMI Working Group 
(a  sub-group  of  the  Internal  Market  Advisory  Committee)  advises  the  Commission  on 
horizontal issues relating to IMI development. 

In addition, pursuant to Article 19 of the proposal, the European Data Protection Supervisor 
will  ensure  that  personal  data  processing  by  the  Commission  in  IMI  is  carried  out  in 
accordance with the applicable rules. The national data protection authorities will monitor the 
processing of personal data by the competent authorities at Member State level. 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

For the purposes of combating fraud, corruption and any other illegal activity, the provisions 
normally  applicable  to  the  activities  of  the  Commission,  including  Regulation  (EC)  No 
1073/1999  of  the  European  Parliament  and  of  the  Council  of  25  May  1999  concerning 
investigations conducted by the European Anti-Fraud Office (OLAF), will apply in the context 
of IMI without any restriction. 

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33 

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3. 

3.1. 

Heading of 
multiannual 
financial 
framework 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected 

•  Existing expenditure budget lines  

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

DA/NDA 
(37) 

from 
EFTA38 
countries 

from 
candidate 
countries39 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

1A 

1A 

1A 

12.02.01 

Implementation  and  development  of 
the Internal Market 

12.01.04 

Implementation  and  development  of 
the  Internal  Market  –  Expenditure  on 
administrative management 

26.03.01.01 

Interoperability 
European 
(ISA) 

for 
Solutions 
Public  Administrations 

DA 

YES 

NO 

NO 

NO 

NDA 

YES 

NO 

NO 

NO 

DA 

YES 

YES 

NO 

NO 

37 
38 
39 

DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations. 
EFTA: European Free Trade Association. 
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

34 

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3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

1B 

Implementation and development of the Internal Market 

EUR million (to 3 decimal places) 

DG: MARKT 

(cid:121) Operational appropriations  

12.02.01 

TOTAL appropriations 
for DG MARKT 

Year 
2013 

Commitments 

Payments 

(1) 

(2) 

1.440 

1.440 

Commitments 

Payments 

=1+1a 
+3 

=2+2a 

+3 

1.440 

1.440 

TOTAL 

1.440 

1.440 

1.440 

1.440 

The  present  proposal  is  expected  to  come  into  force  in  2013  and  it  does  not  have  a  budgetary  impact  over  and  above  what  is  already 
foreseen for the years to come in the official programming of the Commission. Moreover, the proposal is without prejudice to the decisions 
on the post-2013 multi-annual financial framework.  

 500 000  –  budget  line  26.03.01.01)  and  internal 
In  2010,  the  financing  of  IMI  was  covered  by  the  following  sources:  ISA  programme  (€
 1 150 000  per  year.  However,  the 
market  budget  lines  (€
financing from the ISA programme is subject to annual review of the overall programme priorities and available budget. It is anticipated that 
the ISA programme will continue to provide funding for IMI until at least 2012.  

 925 000).  For  2011-2012  the  planned  financing  from  ISA  will  amount  to  ca.  €

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35 

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In  order  to  ensure  that  IMI  can  continue  to  be  offered  to  Member  States  on  a  permanent  basis,  as  well  as  to  allow  more  efficient 
management and better control of the budget, the Commission will examine the possibility of bringing all costs under a single budget line 
managed  by  DG  MARKT  (12.02.01  Implementation  and  development  of  the  Internal  Market).  This  would  entail  a  net  increase  in  this 
budget line in 2013 by redeployment from other budget lines.  

In  any  event,  it  is  expected  that  the  total  cost  of  IMI  will  start  decreasing  from  2012  onwards,  due  to  the  projected  lower  needs  for 
developing new functionalities, which should generally be in place by that time. 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the budget of specific programmes  

1.440 

1.440 

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADING 1A 
of the multiannual financial framework 

Commitments 

=4+ 6 

1.440 

Payments 

=5+ 6 

1.440 

Payments 

=5+ 6 

1.440 

1.440 

1.440 

1.440 

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Heading of multiannual financial 
framework:  

5 

‘Administrative expenditure’ 

DG: MARKT 

(cid:121) Human resources 

(cid:121) Other administrative expenditure  

TOTAL DG MARKT 

Appropriations  

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

Payments 

Year 
2013 

Year 
201340 

EUR million (to 3 decimal places) 

TOTAL 

EUR million (to 3 decimal places) 

TOTAL 

1.440 

40 

Year N is the year in which implementation of the proposal/initiative starts. 

EN 

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3.2.2.  Estimated impact on operational appropriations  

–  (cid:59)  The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitment appropriations in EUR million (to 3 decimal places) 

OUTPUTS 

Indicate 
objectives and 
outputs  

Year 
2013 

Type 
of 
output
41 

(cid:216) 

Avera
ge 
cost  
of the 
ouput 

Cost 

r
e
b
m
u
N

f

SPECIFIC OBJECTIVE No 142… 

- Maintenance 

- Hosting 

0.4 

0.24 

0.4 

0.24 

- Development 

- Communication & 
awareness  

0.3 

0.2 

0.6 

0.2 

Sub-total for specific objective No 1 

1.440 

SPECIFIC OBJECTIVE No 2 

- Output 

Sub-total for specific objective No 2 

TOTAL COST 

1.440 

TOTAL 

Total  
cost 

Total 
numbe
r of 
ouputs 

0.4 

0.24 

0.6 

0.2 

1.440 

1.440 

41 
42 

Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. ‘Specific objective(s)…’. 

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38 

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3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:59)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations 

–  (cid:133)  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

3.2.3.2.  Estimated requirements of human resources  

–  (cid:59)  The proposal/initiative does not require the use of additional human resources 

–  (cid:133)  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below:Compatibility with the current multiannual financial framework  

–  (cid:59)  Proposal/initiative  is  compatible  with  the  current  multiannual  financial 

framework. 

3.2.4.  Third-party contributions  

–  (cid:59) The proposal/initiative does not provide for co-financing by third parties  

3.3. 

Estimated impact on revenue  

–  (cid:59)  Proposal/initiative has no financial impact on revenue. 

EN 

39 

   EN