CHAPTER IIIUSE OF DATA

F1Article 15Access to and transmission of primary data

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Article 16Processing of primary data

1.

F2A fisheries administration must process the primary data into sets of detailed or aggregated data in accordance with:

(a)

relevant international standards, where applicable;

(b)

protocols agreed at international or regional level, where applicable.

2.

F3A fisheries administration must provide to the end-users of scientific data F4..., whenever necessary, a description of the methods applied to process the requested data and their statistical properties.

Article 17Procedure for ensuring availability of detailed and aggregated data

1.

F5A fisheries administration must set up adequate processes and electronic technologies to ensure an effective application of Article 25 of Regulation (EU) No 1380/2013 and of this Regulation. F6It shall refrain from any unnecessary restrictions to the dissemination of detailed and aggregated data to end-users of scientific data and other interested parties.

2.

F7A fisheries administration must ensure appropriate safeguards, in case data include information relating to identified or identifiable natural persons or legal entities. A F8fisheries administration may refuse to transmit the relevant detailed and aggregated data if there is a risk of natural persons or legal entities being identified, in which case the F9fisheries administration shall propose alternative means to meet the needs identified by the end-users of scientific data which ensure anonymity.

3.

In the case of requests made by end-users of scientific data in order to serve as a basis for advice to fisheries management, F10a fisheries administration must ensure that relevant detailed and aggregated data are updated and made available to the relevant end-users of scientific data within the deadlines set in the request, which shall not be shorter than 1 month from the date of receipt of a request for those data.

4.

In the case of requests other than those referred to in paragraph 3, F11a fisheries administration must ensure that the relevant data are updated and made available to the relevant end-users of scientific data and other interested parties within a reasonable period of time. Within 2 months from the date of receipt of the request, F12a fisheries administration must inform the requesting party of the duration of such time, which shall be proportionate to the scope of the request, and of the possible need of additional processing of the data requested.

5.

In cases where the data request by other end-users of scientific data than those referred to in paragraph 3 or other interested parties requires additional processing of already collected data, F13a fisheries administration may charge the requesting party the actual costs of the additional processing of data needed before their transmission.

F146.

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7.

Where detailed data are requested for scientific publication, F15a fisheries administration may, in order to protect the professional interests of data collectors designated by the body in charge of the implementation of the national work plan, require that the publication of data be delayed by 3 years from the date to which the data refer. F16A fisheries administration must inform the end-users of scientific data F17... of any such decision and of the reasons therefor.

F18Article 18Compatible data storage and exchange systems

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F19Article 19Review of refusal to provide data

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Article 20Obligations for end-users of scientific data and other interested parties

1.

The end-users of scientific data and other interested parties shall:

(a)

use the data only for the purpose stated in their information request in accordance with Article 17;

(b)

duly acknowledge the data sources;

(c)

be responsible for correct and appropriate use of the data with regard to scientific ethics;

(d)

inform the F20fisheries administration of any suspected problems with the data;

(e)

provide the F21fisheries administration with references to the results of the use of the data;

(f)

not forward the requested data to third parties without consent from the F22fisheries administration;

(g)

not sell the data to any third party.

F232.

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3.

Where the end-users of scientific data or other interested parties fail to comply with any of the requirements set out in paragraph 1, F24a fisheries administration may limit or refuse those data users’ access to the data.