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)

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

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, an area established by regional fisheries management organisations or an area defined in the implementing act referred to in Article 9(11);

(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 UNION PROGRAMMES

SECTION 1

Multiannual Union programmes

Article 4

Establishment of a multiannual Union programme

The Commission shall adopt the part of the multiannual Union programme covering matters provided for in point (a) of Article 5(1) by means of delegated acts in accordance with Article 24.

The Commission shall adopt the part of the multiannual Union programme covering matters provided for in points (b) and (c) of Article 5(1) by means of implementing acts in accordance with the examination procedure referred to in Article 25(2).

Article 5

Content and criteria for the establishment of the multiannual Union programme

The multiannual Union programme shall establish:

(a) a detailed list of the data requirements to achieve the objectives set out in Articles 2 and 25 of Regulation (EU) No 1380/2013;

(b) a list of mandatory research surveys at sea;

(c) thresholds below which it is not mandatory for Member States to collect data based on their fishing and aquaculture activities or carry out research surveys at sea.

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

(a) biological data on all stocks caught or by-caught in Union commercial and, where appropriate, recreational fisheries in and outside Union 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 operation of the common fisheries policy;

(b) data to assess the impact of Union fisheries on the marine ecosystem in and outside Union waters, including data on by-catch of non-target species, in particular species protected under Union 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 Union fishing vessels in and outside Union waters, including levels of fishing, and on effort and capacity of the Union fleet;

(d) socioeconomic data on fisheries to enable the socioeconomic performance of the Union fisheries sector to be assessed;

(e) socioeconomic data and sustainability data on marine aquaculture to enable the socioeconomic performance and the sustainability of the Union 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.

For the purpose of establishing the multiannual Union programme, the Commission shall take into account:

(a) the information needs for the management and efficient implementation of the common fisheries policy, with a view to reaching its objectives as set out in Article 2 of Regulation (EU) No 1380/2013. Such information shall also allow the targets required for the implementation of the multiannual plans referred to in Article 9 of that Regulation to be determined;

(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 at Union level, 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;

(i) regional specificities and regional agreements concluded in regional coordination groups;

(j) the international obligations of the Union and its Member States;

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

The list of mandatory 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 management of the common fisheries policy, with a view to reaching its objectives as set out in Article 2 of Regulation (EU) No 1380/2013;

(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.

SECTION 2

Implementation of the multiannual Union programme by the Member States

Article 6

National work plans

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

(a) data to be collected in accordance with the multiannual Union 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 Union and its Member States have been taken into account.

Article 7

National correspondents

Furthermore, the national correspondent shall, in particular, carry out the following tasks:

(a) coordinate the preparation of the annual report referred to in Article 11;

(b) ensure the transmission of information within the Member State; and

(c) coordinate attendance of relevant experts in expert group meetings organised by the Commission and participation in the relevant regional coordination groups referred to in Article 9.

Article 8

Cooperation within the Union

Member States shall cooperate and coordinate their actions to further improve the quality, timeliness and coverage of data enabling the reliability of data collection methods to be further improved, with a view to improving their data collection activities.

Article 9

Regional coordination and cooperation

Article 10

Evaluation of work plans by STECF

STECF shall evaluate the national and draft regional work plans referred to in Articles 6 and 9. When doing so it shall take into account:

(a) the conformity of the work plans and any amendments thereto with Articles 6 and 9; and

(b) the scientific relevance of the data covered by the work plans for the purposes laid down in Article 1(1) and the quality of the proposed methods and procedures.

Article 11

Evaluation and approval of the outcomes of the national work plans

In accordance with Article 10, STECF shall evaluate:

(a) the execution of the national work plans; and

(b) the quality of the data collected by the Member States.

The Commission shall assess the implementation of the national work plans on the basis of:

(a) the evaluation by STECF; and

(b) the consultation of appropriate regional fisheries management organisations to which the Union is contracting party or observer and relevant international scientific bodies.

SECTION 3

Requirements for the data collection process

Article 12

Access to the sampling sites

SECTION 4

Data management process

Article 13

Data storage

Member States shall:

(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.

Article 14

Data quality control and validation

Member States shall 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) the quality assurance procedures applied to the primary, detailed and aggregated data referred to in points (a) and (b) are developed in accordance with the procedures adopted by the international scientific bodies, regional fisheries management organisations, STECF and regional coordination groups.

CHAPTER III

USE OF DATA

Article 15

Access to and transmission of primary data

Article 16

Processing of primary data

Member States shall 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.

Article 17

Procedure for ensuring availability of detailed and aggregated data

Article 18

Compatible data storage and exchange systems

Article 19

Review of refusal to provide data

If a Member State refuses to provide data under Article 17(7), the end-user of scientific data may request the Commission to review the refusal. If the Commission finds that the refusal is not duly justified, it may require the Member State to supply the data to the end-user of scientific data within 1 month.

Article 20

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

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 Commission and the Member States concerned of any suspected problems with the data;

(e) provide the Member States concerned and the Commission with references to the results of the use of the data;

(f) not forward the requested data to third parties without consent from the Member State concerned;

(g) not sell the data to any third party.

CHAPTER IV

SUPPORT FOR SCIENTIFIC ADVICE

Article 21

Participation in meetings of international bodies

Member States shall ensure that their national experts participate in relevant meetings of regional fisheries management organisations to which the Union is contracting party or observer and of international scientific bodies.

Article 22

International coordination and cooperation

CHAPTER V

FINAL PROVISIONS

Article 23

Monitoring

Article 24

Exercise of the delegation

Article 25

Committee procedure

Article 26

Repeal and transitional provisions

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.

Article 27

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

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