# Commission Implementing Regulation (EU) 2020/1668 of 10 November 2020 specifying the details and functionalities of the information and communication system to be used for the purposes of Regulation (EU) 2019/515 of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State (Text with EEA relevance), Introduction: Introductory text

Extent: E+W+S+N.I.

Commission Implementing Regulation (EU) 2020/1668
of 10 November 2020
specifying the details and functionalities of the information and communication system to be used for the purposes of Regulation (EU) 2019/515 of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008, and in particular Article 11(2) thereof,
Whereas:
(1)
Pursuant to Article 11(1) of Regulation (EU) 2019/515, the information and communication system set out in Article 23 of Regulation (EC) No 765/2008 of the European Parliament and of the Council, known as the Information and Communication System for Market Surveillance (‘ICSMS’), is to be used for the purposes of certain communications under Regulation (EU) 2019/515. Article 34 of Regulation (EU) 2019/1020 of the European Parliament and of the Council is to replace Article 23 of Regulation (EC) No 765/2008, with effect from 16 July 2021.
(2)
It results from Regulation (EU) 2019/515 that ICSMS is to be used, among others, by competent authorities and by Product Contact Points. Member States should therefore insert in ICSMS the identity of those competent authorities and Product Contact Points.
(3)
To ensure that information needed by the Commission for the purposes of the evaluation and reporting referred to in Article 14 of Regulation (EU) 2019/515 is easily searchable and can be further processed in ICSMS, the competent authorities should, in addition to uploading the administrative decision or temporary suspension, be required to provide certain information about those decisions in a structured form.
(4)
In order to ensure that the data contained in ICSMS is accurate and up-to-date, the competent authorities should enter in ICSMS any modification of an administrative decision notified pursuant to Article 5(9) of Regulation (EU) 2019/515 or of a temporary suspension notified pursuant to Article 6(2) of Regulation (EU) 2019/515.
(5)
To ensure that personal data contained in the communications entered in ICSMS and personal data relating to natural persons designated as ICSMS users is erased as soon as it is no longer necessary for the purposes for which that data was inserted in the system, provisions regarding the periods of retention of such data should be set out.
(6)
The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on 6 June 2020.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 15(1) of Regulation (EU) 2019/515,
HAS ADOPTED THIS REGULATION:

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Source: https://www.legislation.gov.uk/eur/2020/1668/introduction (the official version)
Page: https://openlegislation.uk/eu-regulation-2020-1668/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.