CHAPTER IIU.K.COLLECTION AND MANAGEMENT OF DATA IN THE FRAMEWORK OF MULTIANNUAL F1... PROGRAMMES

SECTION 1U.K.Multiannual F2... programmes

[F3Article 4U.K.Multiannual programme

1.A fisheries administration may, by regulations, establish a multiannual programme for the collection and management of data referred to in Article 1(1), in accordance with the content and the criteria set out in Article 5.

2.Subject to paragraph 3, the Secretary of State may, by regulations, establish a multiannual programme for the collection and management of data referred to in Article 1(1), in accordance with the content and the criteria set out in Article 5.

3.Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 2 the Secretary of State must obtain the consent of—

(a)the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b)the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c)the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.]

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Article 5U.K.Content and criteria for the establishment of the multiannual F4... programme

1.The multiannual F5... programme shall establish:

(a)a detailed list of the data [F6to be collected for the purpose of contributing to the achievement of—

(i)the objectives set out in Article 25 of EU Regulation 1380/2013, and

(ii)the fisheries objectives];

(b)[F7requirements in relation to] research surveys at sea;

(c)thresholds below which it is not mandatory [F8to collect data based on fishing and aquaculture activities].

2.The data referred to in point (a) of paragraph 1 shall include:

(a)biological data on all stocks caught or by-caught in F9... commercial and, where appropriate, recreational fisheries in and outside [F10United Kingdom waters], including eels and salmon in relevant inland waters, as well as other diadromous fish species of commercial interest, to enable an ecosystem-based approach to fisheries management and conservation as necessary for the [F11regulation and management of fishing activities];

(b)data to assess the impact of [F12fisheries within United Kingdom waters] on the marine ecosystem in and outside [F13United Kingdom waters], including data on by-catch of non-target species, in particular species protected under [F14any law applying in the United Kingdom or any part of it] or international law, data on impacts of fisheries on marine habitats, including vulnerable marine areas, and data on impacts of fisheries on food webs;

(c)data on the activity of [F15United Kingdom fishing vessels] in and outside [F16United Kingdom waters], including levels of fishing, and on effort and capacity of the [F17United Kingdom fleet];

(d)socioeconomic data on fisheries to enable the socioeconomic performance of the [F18United Kingdom] fisheries sector to be assessed;

(e)socioeconomic data and sustainability data on marine aquaculture to enable the socioeconomic performance and the sustainability of the [F19United Kingdom] aquaculture sector, including its environmental impact, to be assessed;

(f)socioeconomic data on the fish processing sector to enable the socioeconomic performance of that sector to be assessed.

3.In addition, the data referred to in point (a) of paragraph 1 may include socioeconomic data and sustainability data on freshwater aquaculture to enable the socioeconomic performance and the sustainability of the [F20United Kingdom] aquaculture sector, including its environmental impact, to be assessed.

4.For the purpose of establishing the multiannual F21... programme, [F22a fisheries administration must] take into account:

(a)the information needs for the management and efficient [F23regulation of fishing activities], with a view to [F24contributing to the achievement of the fisheries objectives]F25...;

(b)the need for data that are relevant, comprehensive and reliable for the purpose of decisions on fisheries management and protection of ecosystems including vulnerable species and habitats;

(c)the need for and relevance of data for the sustainable development of aquaculture F26..., taking account of the predominantly local character of its impacts;

(d)the need to support impact assessments of policy measures;

(e)costs and benefits, taking account of the most cost-effective solutions to achieve the objective of data collection;

(f)the need to avoid disruption of existing time-series;

(g)the need for simplification and to avoid duplication of data collection, in accordance with Article 1;

(h)where relevant, the need for data to cover data-deficient fisheries;

F27(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the international obligations of the [F28United Kingdom];

(k)spatial and temporal coverage of the data collection activities.

5.The [F29requirements in relation to] research surveys at sea referred to in point (b) of paragraph 1 shall be drawn up taking into account the following requirements:

(a)information needs for the [F30regulation and management of fishing activities], with a view to [F31contributing to the achievement of the fisheries objectives];

(b)information needs arising from internationally agreed coordination and harmonisation;

(c)information needs for the evaluation of management plans;

(d)information needs for the monitoring of ecosystems variables;

(e)information needs for an adequate coverage of stock areas;

(f)the need to avoid duplication between research surveys at sea; and

(g)the need to avoid disruption of time-series.

F326.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F337.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SECTION 2U.K.[F34Implementation of the multiannual programme]

Article 6U.K.National work plans

1.Without prejudice to [F35other legal obligations to collect data, a fisheries administration must] collect data within the framework of F36... a work plan drawn up in accordance with the multiannual F37... programme F38... (‘national work plan’).

F392.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.National work plans shall contain a detailed description of the following:

(a)data to be collected in accordance with the multiannual F40... programme;

(b)the temporal and spatial distribution and the frequency by which the data will be collected;

(c)the source of the data, the procedures and methods to collect and process the data into the data sets that will be provided to end-users of scientific data;

(d)the quality assurance and quality control framework to ensure adequate quality of the data in accordance with Article 14;

(e)in what format and when data are to be made available to end-users of scientific data, taking into account the needs defined by the end-users of scientific data, where known;

(f)the international and regional cooperation and coordination arrangements, including bilateral and multilateral agreements concluded to achieve the objectives of this Regulation; and

(g)how the international obligations of the [F41United Kingdom] have been taken into account.

F424.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F435.The work plan for data collection of the United Kingdom approved under Commission Implementing Decision C(2019) 9493 of 19th December 2019 on approving the work plan of the United Kingdom for data collection in the fisheries and aquaculture sector for the period 2020-2021 is, until such time as it is replaced or amended under paragraph 6, the national work plan referred to in paragraph 1.

6.Subject to paragraph 7, the Secretary of State may amend or replace the national work plan provided that the plan continues to comply with the requirements of this Article.

7.Where, in the circumstances described in paragraph 8, the exercise of the power to amend or replace the national work plan under paragraph 6 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) 1380/2013, before amending or replacing the work plan the Secretary of State must obtain the consent of—

(a)the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8;

(b)the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8;

(c)the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8.

8.The circumstances referred to in paragraph 7 are circumstances where the power in paragraph 6 is treated as a power to amend or replace the national work plan by “a fisheries administration” instead of a power exercisable by the Secretary of State.

9.The Secretary of State must publish any amended or replacement versions of the national work plan together with a notice of the date on which any amendments or replacement versions take effect.]

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F44Article 7U.K.National correspondents

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F44Article 8U.K.Cooperation within the Union

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F44Article 9U.K.Regional coordination and cooperation

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F44Article 10U.K.Evaluation of work plans by STECF

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F44Article 11U.K.Evaluation and approval of the outcomes of the national work plans

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SECTION 3U.K.Requirements for the data collection process

Article 12U.K.Access to the sampling sites

1.[F45A fisheries administration must] ensure that, in order to carry out [F46its] duties, data collectors designated by the body in charge of the implementation of the national work plan have access to all catches, vessels and other sampling sites, business registers and any necessary data.

2.The masters of [F47United Kingdom] fishing vessels shall accept on board scientific observers and cooperate with them in order to allow them to discharge their duties while on board [F47United Kingdom] fishing vessels, as well as the use of alternative data collection methods, where appropriate, set out in national work plans, without prejudice to international obligations.

3.The masters of [F48United Kingdom] fishing vessels may refuse to accept on board the scientific observers operating under the at-sea monitoring scheme only on the basis of an obvious lack of space on the vessel or for safety reasons in accordance with national law. In such cases, data shall be collected through alternative data collection methods which are set out in the national work plan and designed and controlled by the body in charge of the implementation of the national work plan.

Textual Amendments

SECTION 4U.K.Data management process

Article 13U.K.Data storage

[F49A fisheries administration must]:

(a)

ensure that primary data collected under national work plans are safely stored in computerised databases and take all necessary measures to ensure that they are treated as confidential;

(b)

ensure that metadata relating to the primary socioeconomic data collected under national work plans are safely stored in computerised databases;

(c)

take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, or unauthorised consultation or distribution.

Textual Amendments

Article 14U.K.Data quality control and validation

1.[F50A fisheries administration is] responsible for the quality and completeness of the primary data collected under national work plans, and for the detailed and aggregated data derived therefrom which are transmitted to end-users of scientific data.

2.[F51A fisheries administration must] ensure that:

(a)primary data collected under national work plans are properly checked for errors by appropriate quality control procedures;

(b)detailed and aggregated data derived from primary data collected under national work plans are validated before their transmission to end-users of scientific data;

F52(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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