Regulation (EU) 2017/1004 of the European Parliament and of the Council
of 17 May 2017
on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008
(recast)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee,
OJ C 13, 15.1.2016, p. 201.
Having regard to the opinion of the Committee of the Regions,
OJ C 120, 5.4.2016, p. 40.
Acting in accordance with the ordinary legislative procedure,
Position of the European Parliament of 16 March 2017 (not yet published in the Official Journal) and decision of the Council of 25 April 2017.
Whereas:
(1) A number of amendments are to be made to Council Regulation (EC) No 199/2008. In the interests of clarity, that Regulation should be recast.
Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ L 60, 5.3.2008, p. 1).
(2) The common fisheries policy has been reformed by Regulation (EU) No 1380/2013 of the European Parliament and of the Council. The objectives of the common fisheries policy and the requirements for data collection in the fisheries sector are set out in Articles 2 and 25 of that Regulation. Furthermore, Regulation (EU) No 508/2014 of the European Parliament and of the Council has reformed the structure of financial support for Member States’ fisheries data collection activities.
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).
(3) In line with the objectives of the common fisheries policy on the conservation, management and exploitation of living aquatic resources in non-Union waters, the Union must take part in the efforts undertaken to conserve fisheries resources, in particular in accordance with the provisions adopted in sustainable fisheries partnership agreements or by regional fisheries management organisations.
(4) This Regulation aims to establish rules on the collection, management and use of biological, environmental, technical and socioeconomic data concerning the fisheries sector.
(5) The data collection framework should contribute towards reaching the objectives of the common fisheries policy, which include the protection of the marine environment, the sustainable management of all commercially exploited species, and in particular the achievement of good environmental status in the marine environment by 2020, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council.
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
(6) The rules laid down in this Regulation as regards the collection, management and use of biological, environmental, technical and socioeconomic data should also apply to data concerning the fisheries sector, the collection of which is required under other Union legal acts, including, Regulations (EC) No 1921/2006, (EC) No 295/2008, (EC) No 762/2008, (EC) No 216/2009, (EC) No 217/2009, (EC) No 218/2009, (EU) No 1236/2010, (EU) No 1343/2011 and (EU) 2016/2336 of the European Parliament and of the Council, Directives 2000/60/EC, 2008/56/EC and 2009/147/EC of the European Parliament and of the Council, Council Regulations (EC) No 2347/2002, (EC) No 812/2004, (EC) No 1967/2006, (EC) No 1100/2007 and (EC) No 1006/2008, Council Directive 92/43/EEC, Council Decision 2010/717/EU and Commission Implementing Regulation (EU) 2017/218.
Regulation (EC) No 1921/2006 of the European Parliament and of the Council of 18 December 2006 on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 (OJ L 403, 30.12.2006, p. 1).
Regulation (EC) No 295/2008 of the European Parliament and of the Council of 11 March 2008 concerning structural business statistics (OJ L 97, 9.4.2008, p. 13).
Regulation (EC) No 762/2008 of the European Parliament and of the Council of 9 July 2008 on the submission by Member States of statistics on aquaculture and repealing Council Regulation (EC) No 788/96 (OJ L 218, 13.8.2008, p. 1).
Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).
Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (OJ L 87, 31.3.2009, p. 42).
Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).
Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 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 fisheries and repealing Council Regulation (EC) No 2791/1999 (OJ L 348, 31.12.2010, p. 17).
Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).
Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ L 354, 23.12.2016, p. 1).
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).
Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98 (OJ L 150, 30.4.2004, p. 12).
Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).
Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel (OJ L 248, 22.9.2007, p. 17).
Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
Council Decision 2010/717/EU of 8 November 2010 on the approval, on behalf of the European Union, of the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (OJ L 321, 7.12.2010, p. 1).
Commission Implementing Regulation (EU) 2017/218 of 6 February 2017 on the Union fishing fleet register (OJ L 34, 9.2.2017, p. 9).
(7) However, in order to avoid duplication, where the data concerning fisheries are collected and managed in accordance with the rules laid down in other Union legal acts, such as Council Regulation (EC) No 1224/2009 and Regulation (EC) No 223/2009 of the European Parliament and of the Council, this Regulation should only lay down the rules for the use and transmission of such data.
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
(8) The obligations concerning access to the data covered by this Regulation should be without prejudice to Member States’ obligations under Directive 2003/4/EC of the European Parliament and of the Council, as well as under Regulation (EC) No 1367/2006 of the European Parliament and of the Council.
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).
(9) It should be ensured at all times and at all levels that, as regards data storage, process and exchange, the obligations on personal data protection laid down in Directive 95/46/EC of the European Parliament and of the Council and Regulation (EC) No 45/2001 of the European Parliament and of the Council are respected.
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(10) In the interest of legal clarity, this Regulation should provide for a set of definitions.
(11) The definition of ‘marine regions’ should be based on scientific considerations.
(12) This Regulation should enable the Union and its Member States to achieve the objectives and principles set out in Articles 2 and 25 of Regulation (EU) No 1380/2013. To that end, a multiannual Union programme is needed to coordinate the data collection efforts of all Member States. It is appropriate to set out key requirements and criteria for the establishment of such a multiannual Union programme, as well as the consultations to be held before its adoption.
(13) The data needs of end-users of scientific data should be identified and it should be specified which data are to be collected under this Regulation. Those data should include ecosystem data relating to the impact of fisheries and data on the sustainability of aquaculture, as well as socioeconomic data on fisheries and aquaculture.
(14) In the interest of simplification and rationalisation, the data to be collected should be selected on the basis of needs clearly substantiated by end-users of scientific data, taking into account the scientific relevance and usefulness of those data.
(15) The data collected should allow the targets required for the implementation of the multiannual plans referred to in Article 9 of Regulation (EU) No 1380/2013, such as fishing mortality rates and spawning stock biomass, to be determined. They should also allow the gaps in the coverage of data relating to the fishing fleet to be closed and the number of data-deficient stocks in certain regions to be reduced.
(16) It is important to collect biological data on recreational fisheries where there is a potentially significant impact on the state of the stock, in order to enable ecosystem-based management and conservation as necessary for the operation of the common fisheries policy, as well as to improve stock assessment.
(17) For the purpose of maintaining, adjusting or withdrawing emergency measures and other measures based on the precautionary principle, additional information is usually required. Where possible, priority should therefore be given to the collection of data that are necessary for the assessment of measures imposed on the basis of the precautionary principle.
(18) In view of the evolution of the status of fisheries resources over time, it is necessary to build and maintain time-series of data in order to allow for an effective long-term scientific monitoring of those resources.
(19) Research surveys at sea are an important method for collecting biological data. In view of their importance in marine regions where stocks are shared, it is appropriate for a sufficient number of mandatory research surveys at sea to be carried out at Union level.
(20) Member States should implement the multiannual Union programme at national level by setting out their main data collection activities in the form of a section of the operational programme referred to in point (p) of Article 18(1) of Regulation (EU) No 508/2014, supplemented by a work plan for data collection in accordance with Article 21 of that Regulation. Requirements concerning the contents of such work plans should be set out in this Regulation.
(21) It is appropriate to describe the steps Member States should follow and the aspects they should take into consideration when establishing the methodologies for data collection in their national work plans. With a view to ensuring effective and homogeneous implementation of this Regulation by Member States, it is also necessary to set out key requirements as regards national coordination arrangements, data collectors’ rights and the obligations of masters of fishing vessels.
(22) The Commission is required to approve the Member States’ operational programmes and the national work plans and any amendments thereto pursuant to Article 19(1) and Article 21(2) of Regulation (EU) No 508/2014. In accordance with Article 22 of that Regulation, the Commission may adopt implementing acts laying down rules on procedures, format and timetables for their approval.
(23) It is appropriate for the Commission to assess work plans after consultation of the Scientific, Technical and Economic Committee for Fisheries (STECF), in order to ensure that those plans comply with minimum requirements set out in this Regulation.
(24) For the purpose of verification of the implementation of data collection activities by the Member States, there is a need for reporting by the Member States to the Commission in a clearly defined, standardised format that reduces the administrative burden.
(25) It is necessary for Member States to cooperate among themselves, as well as with third countries, and coordinate their work plans with respect to the collection of data regarding the same marine region and regions covering relevant inland waters.
(26) In view of the objective of the common fisheries policy to give more responsibility to Member States and to better involve end-users of scientific data in data collection, regional coordination should be strengthened and expanded from one single meeting into a continuous process coordinated by regional coordination groups for each marine region. In this framework, Member States should aim to cooperate with relevant stakeholders including third countries.
(27) Those regional coordination groups should be tasked to develop and implement procedures, methods, quality assurance and quality control for collecting and processing data with a view to enabling the reliability of scientific advice to be further improved.
(28) The regional coordination groups should also aim to develop and implement regional databases, and should start all the necessary preparatory steps in order to attain that goal.
(29) It is important to take full advantage of data for the sustainable management of fisheries and for the evaluation and monitoring of stocks and ecosystems, including data related to the landing obligation.
(30) Member States should determine the way they collect data, but in order to be able to combine data on a regional level in a meaningful way, minimum requirements for data quality, coverage and compatibility should be agreed by Member States at regional level, taking into account the fact that in some regions basins are managed jointly with third countries. When there is general agreement on the methods at regional level, regional coordination groups should, on the basis of that agreement, submit a draft regional work plan for approval by the Commission.
(31) Union legislation should no longer determine the details of methodologies to be applied in collecting data. Provisions on particular methods of data collection should therefore be replaced by the description of the process by which they will be determined. That process should essentially include cooperation between Member States and data users in regional coordination groups, and validation by the Commission through the approval of work plans submitted by Member States.
(32) The data referred to in this Regulation should be put into national computerised databases so that they are accessible to the Commission and can be made available to end-users of scientific data and other interested parties. Data which do not allow for personal identification should be available without restrictions to any party with an interest in their analysis, including on the environmental aspects of fisheries management. For that purpose, interested parties other than end-users of scientific data should be deemed to include any individual or body expressing such an interest.
(33) Scientific advice to fisheries resources management requires the processing of detailed data in order to address the needs of fisheries managers. In that context, Member States should make available data needed for scientific analysis and should ensure that they have the technical capacity to do so.
(34) In accordance with point (e) of Article 25(2) of Regulation (EU) No 1380/2013, it is necessary to ensure the availability in a timely manner of the relevant data and respective methodologies to bodies with a research or management interest in the scientific analysis of data in the fisheries sector and to any interested parties, except in circumstances where protection and confidentiality are required under applicable Union law.
(35) To give full effect to point (e) of Article 25(2) of Regulation (EU) No 1380/2013, Member States should set up adequate processes and electronic technologies to ensure availability of data and cooperate with other Member States, the Commission and end-users of scientific data to develop compatible data storage and exchange systems, taking account of Directive 2007/2/EC of the European Parliament and of the Council. Further dissemination of information should also be ensured both at national and Union level. In all cases, appropriate safeguards such as a higher level of aggregation or anonymisation of data should be put in place in case data include information relating to identified or identifiable natural persons, taking into consideration the purposes of processing, the nature of the data and the potential risks relating to the processing of personal data.
Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
(36) There is a need to ensure that end-users of scientific data are provided with data in a timely manner and in a standardised format, with clear codification systems, as they need to provide timely advice to enable fisheries to be sustainable. Other interested parties should also be assured of receiving data within a certain deadline.
(37) In order to improve the reliability of scientific advice needed to conduct the common fisheries policy, the Member States and the Commission should coordinate and cooperate in the relevant international scientific bodies.
(38) The scientific community should be consulted on, and those working in the fishing industry and other interest groups should be kept informed of, the implementation of the data collection provisions. The appropriate bodies in which to gather the opinions required are STECF and the Advisory Councils established pursuant to Article 43 of Regulation (EU) No 1380/2013.
(39) In order to supplement certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a detailed list of data requirements for the purpose of data collection under this Regulation within the framework of the multiannual Union programme. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
OJ L 123, 12.5.2016, p. 1.
(40) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the approval of draft regional work plans submitted by regional coordination groups, as well as in respect of procedures, cost-sharing arrangements for participation in research surveys at sea, the area of marine region for the purpose of data collection, and format and timetables for the submission and approval of such regional work plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(41) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for the establishment, within the framework of the multiannual Union programme, of a list of mandatory research surveys at sea and thresholds below which it is not mandatory to collect data or carry out research surveys at sea. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
(42) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of setting out the rules on procedures, format and timetables for the submission and approval of annual reports submitted by Member States to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
(43) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of laying down rules on procedures, formats, codes and timetables to be used to ensure the compatibility of data storage and exchange systems, and to establish safeguards, where appropriate, in the event that those systems include information relating to identified or identifiable natural persons. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
(44) Since the objective of this Regulation, namely to establish a Union framework for the collection, management and use of data in the fisheries sector, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(45) Regulation (EC) No 199/2008 should be repealed. However, transitional measures should be provided for as regards national programmes already approved and as regards the multiannual Union programme currently in force,
HAVE ADOPTED THIS REGULATION:

CHAPTER I GENERAL PROVISIONS

Article 1 Subject matter and scope
1. This Regulation establishes rules on the collection, management and use of biological, environmental, technical and socioeconomic data in the fisheries sector as provided for in Article 25 of Regulation (EU) No 1380/2013 with a view to contributing to the achievement of the fisheries objectives.
Word in Art. 1(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 7(2)(a) (with Sch. 4 para. 31)
Words in Art. 1(1) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 7(2)(b) (with Sch. 4 para. 31)
2. The data referred to in paragraph 1 shall only be collected if no obligation to collect them exists under applicable law other than this Regulation.
Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. For data necessary for fisheries management which are collected under other applicable law, this Regulation only defines rules for the use and transmission of those data.
Words in Art. 1(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 Data protection
Where relevant, the processing, management and use of data collected under this Regulation shall comply with, and be without prejudice to, Directive 95/46/EC and Regulations (EC) No 45/2001 and (EC) No 223/2009.

Article 3 Definitions
For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:
(1) ‘fisheries sector’ means activities related to commercial fisheries, recreational fisheries, aquaculture and industries processing fisheries products;
(2) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;
(3) ‘marine region’ means a geographical area set out in Article 4(2) of Regulation (EU) No 1380/2013 or an area established by regional fisheries management organisations ...;
Word in Art. 3(3) substituted for comma (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 3(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
(4) ‘primary data’ means data associated with individual vessels, natural or legal persons or individual samples;
(5) ‘metadata’ means data giving qualitative and quantitative information on the collected primary data;
(6) ‘detailed data’ means data based on primary data in a form which does not allow natural persons or legal entities to be identified directly or indirectly;
(7) ‘aggregated data’ means the output resulting from summarising the primary or detailed data for specific analytic purposes;
(8) ‘scientific observer’ means a person appointed to observe fishing operations in the context of data collection for scientific purposes and designated by a body in charge of the implementation of the national work plans for data collection;
(9) ‘scientific data’ means data referred to in Article 1(1) that are collected, managed or used under this Regulation.

CHAPTER II COLLECTION AND MANAGEMENT OF DATA IN THE FRAMEWORK OF MULTIANNUAL ... PROGRAMMES

SECTION 1 Multiannual ... programmes

Article 4 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.
Art. 4 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 32(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 Content and criteria for the establishment of the multiannual ... programme
1. The multiannual ... programme shall establish:
(a) a detailed list of the data to 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;
Words in Art. 5(1)(a) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 7(3)(a) (with Sch. 4 para. 31)
(b) requirements in relation to research surveys at sea;
Words in Art. 5(1)(b) substituted (31.12.2020) by S.I.2019/739, reg. 16(6)(b)(ii) (as substituted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(a)(i))
(c) thresholds below which it is not mandatory to collect data based on fishing and aquaculture activities.
Words in Art. 5(1)(c) substituted (31.12.2020) by S.I.2019/739, reg. 16(6)(b)(iii) (as substituted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(a)(i))
Word in Art. 5(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
2. The data referred to in point (a) of paragraph 1 shall include:
(a) biological data on all stocks caught or by-caught in ... commercial and, where appropriate, recreational fisheries in and outside United 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 regulation and management of fishing activities;
Word in Art. 5(2)(a) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
(b) data to assess the impact of fisheries within United Kingdom waters on the marine ecosystem in and outside United Kingdom waters, including data on by-catch of non-target species, in particular species protected under any 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;
Words in Art. 5(2)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
(c) data on the activity of United Kingdom fishing vessels in and outside United Kingdom waters, including levels of fishing, and on effort and capacity of the United Kingdom fleet;
Words in Art. 5(2)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
(d) socioeconomic data on fisheries to enable the socioeconomic performance of the United Kingdom fisheries sector to be assessed;
Words in Art. 5(2)(d) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
(e) socioeconomic data and sustainability data on marine aquaculture to enable the socioeconomic performance and the sustainability of the United Kingdom aquaculture sector, including its environmental impact, to be assessed;
Words in Art. 5(2)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(c)(v); 2020 c. 1, Sch. 5 para. 1(1)
(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 United Kingdom aquaculture sector, including its environmental impact, to be assessed.
Words in Art. 5(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(d); 2020 c. 1, Sch. 5 para. 1(1)
4. For the purpose of establishing the multiannual ... programme, a fisheries administration must take into account:
(a) the information needs for the management and efficient regulation of fishing activities, with a view to contributing to the achievement of the fisheries objectives...;
Words in Art. 5(4)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(e)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(4)(a) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 7(3)(b) (with Sch. 4 para. 31)
Words in Art. 5(4)(a) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(e)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
(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 ..., taking account of the predominantly local character of its impacts;
Words in Art. 5(4)(c) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(e)(iv); 2020 c. 1, Sch. 5 para. 1(1)
(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;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 5(4)(i) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(e)(v); 2020 c. 1, Sch. 5 para. 1(1)
(j) the international obligations of the United Kingdom;
Words in Art. 5(4)(j) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(e)(vi); 2020 c. 1, Sch. 5 para. 1(1)
(k) spatial and temporal coverage of the data collection activities.
Word in Art. 5(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
5. The requirements 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 regulation and management of fishing activities, with a view to contributing to the achievement of the fisheries objectives;
Words in Art. 5(5)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(f)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(5)(a) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 7(3)(c) (with Sch. 4 para. 31)
(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.
Words in Art. 5(5) substituted (31.12.2020) by S.I.2019/739, reg. 16(6)(f)(zi) (as inserted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(a)(ii))
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 5(6) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(g); 2020 c. 1, Sch. 5 para. 1(1)
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 5(7) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(g); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 5 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
Word in Ch. 2 Section 1 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(5); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 2 Implementation of the multiannual programme

Article 6 National work plans
1. Without prejudice to other legal obligations to collect data, a fisheries administration must collect data within the framework of ... a work plan drawn up in accordance with the multiannual ... programme ... (‘national work plan’).
Words in Art. 6(1) substituted (31.12.2020) by S.I.2019/739, reg. 16(8)(a)(i) (as substituted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(i))
Words in Art. 6(1) omitted (31.12.2020) by virtue of S.I.2019/739, reg. 16(8)(a)(ii) (as substituted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(i))
Word in Art. 6(1) omitted (31.12.2020) by virtue of S.I.2019/739, reg. 16(8)(a)(iii) (as substituted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(i))
Words in Art. 6(1) omitted (31.12.2020) by virtue of S.I.2019/739, reg. 16(8)(a)(iv) (as substituted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(i))
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 6(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. National work plans shall contain a detailed description of the following:
(a) data to be collected in accordance with the multiannual ... programme;
Word in Art. 6(3)(a) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
(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 United Kingdom have been taken into account.
Words in Art. 6(3)(g) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 6(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(8)(d); 2020 c. 1, Sch. 5 para. 1(1)
5. 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.
Art. 6(5)-(9) inserted by S.I.2019/739, reg. 16(8)(e) (as inserted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(iv))
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.

Article 7 National correspondents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 7-11 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(9); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 Cooperation within the Union
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 9 Regional coordination and cooperation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 10 Evaluation of work plans by STECF
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 11 Evaluation and approval of the outcomes of the national work plans
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ch. 2 Section 2 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(7); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 3 Requirements for the data collection process

Article 12 Access to the sampling sites
1. A fisheries administration must ensure that, in order to carry out its 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.
Words in Art. 12(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 12(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
2. The masters of United 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 United 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.
Words in Art. 12(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. The masters of United 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.
Words in Art. 12(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 4 Data management process

Article 13 Data storage
A 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.
Words in Art. 13 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 Data quality control and validation
1. A 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.
Words in Art. 14(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(12)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. A 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;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 14(2)(c) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 14(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Ch. 2 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(4); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III USE OF DATA

Article 15 Access to and transmission of primary data
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 15 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(13); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 Processing of primary data
1. A 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.
Words in Art. 16(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(14)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. A fisheries administration must provide to the end-users of scientific data ..., whenever necessary, a description of the methods applied to process the requested data and their statistical properties.
Words in Art. 16(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(14)(b)(i) (as amended by S.I. 2019/1312, regs. 1(2), 8(5)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 16(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 17 Procedure for ensuring availability of detailed and aggregated data
1. A 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. It shall refrain from any unnecessary restrictions to the dissemination of detailed and aggregated data to end-users of scientific data and other interested parties.
Words in Art. 17(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 17(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
2. A fisheries administration must ensure appropriate safeguards, in case data include information relating to identified or identifiable natural persons or legal entities. A fisheries 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 fisheries administration shall propose alternative means to meet the needs identified by the end-users of scientific data which ensure anonymity.
Words in Art. 17(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 17(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 17(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
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, a 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.
Words in Art. 17(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(c); 2020 c. 1, Sch. 5 para. 1(1)
4. In the case of requests other than those referred to in paragraph 3, a 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, a 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.
Words in Art. 17(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 17(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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, a fisheries administration may charge the requesting party the actual costs of the additional processing of data needed before their transmission.
Words in Art. 17(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(e); 2020 c. 1, Sch. 5 para. 1(1)
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 17(6) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(f); 2020 c. 1, Sch. 5 para. 1(1)
7. Where detailed data are requested for scientific publication, a 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. A fisheries administration must inform the end-users of scientific data ... of any such decision and of the reasons therefor.
Words in Art. 17(7) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 17(7) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 17(7) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(15)(g)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 18 Compatible data storage and exchange systems
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 18 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(16); 2020 c. 1, Sch. 5 para. 1(1)

Article 19 Review of refusal to provide data
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 19 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(16); 2020 c. 1, Sch. 5 para. 1(1)

Article 20 Obligations 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 fisheries administration of any suspected problems with the data;
Words in Art. 20(1)(d) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(17)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
(e) provide the fisheries administration with references to the results of the use of the data;
Words in Art. 20(1)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(17)(a)(ii) (as amended by S.I. 2019/1312, regs. 1(2), 8(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)
(f) not forward the requested data to third parties without consent from the fisheries administration;
Words in Art. 20(1)(f) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(17)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
(g) not sell the data to any third party.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 20(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(17)(b); 2020 c. 1, Sch. 5 para. 1(1)
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, a fisheries administration may limit or refuse those data users’ access to the data.
Words in Art. 20(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(17)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV SUPPORT FOR SCIENTIFIC ADVICE

Article 21 Participation in meetings of international bodies
A fisheries administration must ensure that its national experts participate in relevant meetings of regional fisheries management organisations to which the United Kingdom is contracting party or observer and of international scientific bodies.
Words in Art. 21 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(18)(a); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 21 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(18)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 21 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(18)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 22 International coordination and cooperation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 22-24 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(18)(d); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V FINAL PROVISIONS

Article 23 Monitoring
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 24 Exercise of the delegation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 25 Regulations
1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
3. Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
7. Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
8. Such regulations may—
(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b) make different provision for different purposes.
Art. 25 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 32(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 26 Repeal and transitional provisions
1. Regulation (EC) No 199/2008 is repealed with effect from 10 July 2017.
2. Notwithstanding paragraph 1:
(a) the repealed provisions shall remain applicable for national programmes approved before 10 July 2017;
(b) the multiannual Union programme in force on 10 July 2017, as referred to in Article 3 of Regulation (EC) No 199/2008, shall remain applicable for the period of its duration or until a new multiannual Union programme has been adopted under this Regulation, whichever occurs first.
3. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in the Annex hereto.

Article 27 Entry into force
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 27 (including binding words) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(19); 2020 c. 1, Sch. 5 para. 1(1)
...
Done at Strasbourg, 17 May 2017.
For the European Parliament
The President
A. TAJANI
For the Council
The President
C. ABELA
ANNEX

Correlation table
Regulation (EC) No 199/2008	This Regulation
Article 1(1)	Article 1(1)
Article 1(2)	Article 1(1)
—	Article 1(2)
—	Article 1(3)
Article 1(3)	Article 2
Article 2(a), (c) to (h)	Article 3(1) to (7)
Article 2(b), (i), (j), (k)	—
—	Article 3(8) and (9)
Article 3	Articles 4 and 5
Article 4	Article 6
Article 5	Articles 8 and 9
—	Article 7
Article 6	Article 10
Article 7	Article 11
Article 8	—
Article 9	—
Article 10	Article 12(1)
Article 11	Article 12(2) and (3)
Article 12	Article 5(1)(b) and (5)
Article 13	Article 13
Article 14	Article 14
Article 15	—
Article 16	Article 15
Article 17	Article 16
Articles 18, 19 and 20	Article 17
Article 21	Article 19
Article 22	Article 20
Article 23	Article 21
Article 24	Article 22
Articles 25 and 27	Articles 24 and 25
Article 26	Article 23(1)
—	Article 23(2)
Article 28	Article 26
Article 29	Article 27
Annex	Annex