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Article 67

Exchange of information

The Commission may adopt implementing acts of general scope in order to specify the arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board, in particular the standardised format referred to in Article 64.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).

Understanding This Article

Article 67 is a technical provision enabling practical implementation of the cooperation and consistency mechanisms. While Articles 60-66 establish the legal procedures for cooperation, Article 67 authorizes the Commission to specify the technical details: electronic systems, data formats, communication protocols, and procedural arrangements that make cooperation actually work in practice.

Effective cooperation between 27+ supervisory authorities requires standardized communication. Without common formats and systems, authorities might submit documents in incompatible formats, use different languages, follow different procedures, or lack secure communication channels. Article 67 allows the Commission to establish uniform technical standards ensuring smooth, efficient information exchange.

The standardized format referenced in Article 64 is particularly important. When authorities submit draft decisions for Board opinions, standard formats ensure all necessary information is included, structured consistently, and can be efficiently reviewed. This might include templates specifying required sections (facts, legal analysis, proposed measures, grounds), word limits, formatting requirements, and translation protocols.

Electronic communication is essential for timely cooperation. The cooperation procedures have tight deadlines (4 weeks for objections under Article 60(4), 2 weeks for urgency decisions under Article 66(4)). Paper-based communication or incompatible electronic systems would make these deadlines impossible to meet. Article 67 enables the Commission to establish secure, efficient electronic platforms for real-time information sharing.

The examination procedure (Article 93(2)) involves Member States in adoption of implementing acts through committees, ensuring technical specifications reflect practical needs and don't inadvertently advantage or disadvantage particular Member States' technical systems.

In practice, this has led to creation of the Internal Market Information System (IMI), a secure electronic platform facilitating information exchange between supervisory authorities, and standardized templates for various cooperation procedures.

Key Points

  • Commission can specify technical arrangements for information exchange
  • Covers exchange between supervisory authorities and with the Board
  • Includes standardized formats for consistency mechanism procedures
  • Implementing acts ensure uniform, efficient communication
  • Facilitates practical operation of cooperation mechanisms
  • Adopted through examination procedure with Member State scrutiny