Decision 2009/739 - 2009/739/EC: Commission Decision 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 on services in the internal market (notified under document C(2009) 7493) - Main contents

EN

Official Journal of the European Union

L 263/32

The obligation of mutual assistance and effective cooperation with one another imposed on Member States under Articles 28 to 36 of Directive 2006/123/EC entails the exchange of information between their competent authorities. In order to function properly, cooperation between Member States needs to be supported by technical means which enable direct and fast communication between their competent authorities. For this purpose, Directive 2006/123/EC, in its Article 34(1), provides that the Commission, in cooperation with Member States, shall establish an electronic system for the exchange of information between Member States, taking into account existing information systems.

The Internal Market Information System (IMI), established pursuant to Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on the Interoperable delivery of pan-European eGovernment services to public administrations, businesses and citizens (IDABC) (2), is an electronic tool which is intended to support a number of legislative acts in the field of internal market, which require the exchange of information between Member States' administrations. Since IMI allows secure and structured exchange of information between competent authorities by electronic means and since it also enables competent authorities to identify easily the relevant interlocutor in other Member States and to communicate with each other in a fast and efficient way, it is appropriate to use IMI for the exchange of information for the purposes of Directive 2006/123/EC.

In order to make it possible for the competent authorities of the Member States to efficiently exchange information by electronic means, it is necessary to lay down practical arrangements for such an exchange through IMI.

Besides requests for information and to carry out checks, inspections and investigations, as well as replies thereto, Directive 2006/123/EC provides for two specific mechanisms of information exchange: the exchange of information on serious specific acts and circumstances relating to a service activity that could cause serious damage to the health or safety of persons or to the environment (alerts), under Article 29(3) and Article 32(1) of Directive 2006/123/EC, and the exchange of information on exceptional measures relating to the safety of services (case-by-case derogations), under Article 18 and Article 35 of Directive 2006/123/EC.

Since alerts concern serious threats to the health or safety of persons or to the environment, close cooperation between the competent authorities in different Member States is essential to put an end to the threat concerned and to keep these authorities adequately informed on the actions taken by the other authorities, as well as on the removal or persistence of the threat. In order to ensure effective supervision by the competent authorities of the providers and the services they provide, as well as adequate protection of personal data contained in alerts, it is necessary to provide...