Substituted by Commission Implementing Regulation (EU) 2020/145 of 3 February 2020 amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council as regards the transmission of reports and information to the North-East Atlantic Fisheries Commission.

Words in Art. 17(2) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 6(11); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 18(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 6(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 18(2) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 6(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 18(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 6(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 18(4) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 6(12)(d); 2020 c. 1, Sch. 5 para. 1(1)

Art. 19(1)(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

Art. 19(5) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

http://www.legislation.gov.uk/eur/2012/433/chapter/VI Commission Implementing Regulation (EU) No 433/2012of 23 May 2012laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheriesCommission Implementing Regulation (EU) No 433/20122025-05-08Commission Implementing Regulation (EU) No 433/2012 of 23 May 2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheriesKing's Printer of Acts of Parliamenttexttext/xmlenExpert Participation2020-12-31CHAPTER VIDATA
SECTION 1Data communication
Article 16Communication to the NEAFC Secretary 1.

The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall continue to comply with the rules set out in Annex X to this Regulation until the date referred to in paragraph 3; the corresponding codes to be used in communication with the NEAFC Secretary are as set out in Annex XI.

2.

Member States shall complete, by 1 November 2020, all necessary technical preparations enabling the utilisation of the following data exchange formats and data communication systems for transmission of reports and information to the NEAFC Secretary:

(a)

To exchange fishing logbook data, prior notification data, transhipment declaration data, and landing declaration data, the format shall be the Fishing Activity Domain XML Schema Definition based on the UN/FLUX P1000-3 standard. The data exchange shall comply with the FLUX Fishing Activities Implementation Document adopted by NEAFC.

(b)

To report vessel monitoring system data, the format shall be the Vessel Position Domain XML Schema Definition based on the UN/FLUX P1000-7 standard. The data exchange shall comply with the FLUX Vessel Position Implementation Document adopted by NEAFC.

3.

Member States shall use the data exchange formats and data communication systems referred to in paragraph 2 from the date to be communicated by the Commission following the decision by NEAFC to this effect. The data exchanges shall comply with the FLUX Implementation Documents adopted by NEAFC.

4.

By way of derogation from paragraph 1 and 3, Member States may use the data exchange format referred to in paragraph 2 (b) to report vessel monitoring system data as of the entry into force of this Regulation. Member States shall inform the Commission of the date as of which the new data exchange format will be used.

SECTION 2Data security and confidentiality
Article 17Common provisions on data security and confidentiality1.

This Section lays down detailed rules on confidentiality for the implementation of Article 45 of Regulation (EU) No 1236/2010. It shall apply to all electronic reports and messages under this Regulation with the exception of the global reporting of catches referred to in Article 6 of this Regulation.

2.

A fisheries administration must, where necessary, at the request of the NEAFC Secretary, rectify or erase electronic reports or messages the processing of which does not comply with Regulation (EU) No 1236/2010 and this Regulation.

3.

The electronic reports and messages shall be used only for the purposes specified in the Scheme laid down by Regulation (EU) No 1236/2010.

Article 18Data from inspections1.

A fisheries administration carrying out an inspection may retain and store electronic reports and messages transmitted by the NEAFC Secretary within 24 hours of the departure of the vessels, to which the data pertain, from the Regulatory Area without re-entry. Departure shall be deemed to have been effected six hours after the transmission of the intention to exit from the Regulatory Area.

2.

A fisheries administration carrying out an inspection shall ensure the secure processing of electronic reports and messages in their respective electronic data processing systems, in particular where the processing involves transmission over a network.

3.

A fisheries administration must adopt appropriate technical and organisational measures to protect electronic reports and messages against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all inappropriate forms of processing.

4.

A fisheries administration carrying out an inspection shall make the electronic reports and messages available for inspection purposes and only to inspectors assigned to the Scheme laid down by Regulation (EU) No 1236/2010.

Article 19Data processing systems1.

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2.

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3.

The https protocol shall be used for communication of data covered by the Scheme laid down by Regulation (EU) No 1236/2010. When such data are communicated, appropriate encryption protocols shall be applied to ensure confidentiality and authenticity.

4.

Access limitation to the data shall be secured via a flexible user identification and password mechanism. Each user shall be given access only to the data necessary for his/her task.

5.

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