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
Date: 2008-02-25
Institutions: Council of the European Union
Subjects: EU programme, common fisheries policy, data collection, fishery resources, fishing industry, management of resources, sampling, scientific research

5.3.2008

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

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

THE COUNCIL OF THE EUROPEAN UNION,

(2)

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

After consulting the Committee of the Regions,

Whereas:

(1)

Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of
fisheries resources under the Common Fisheries Policy (3)
assessments by the Scientific,
provides
Technical and Economic Committee for Fisheries (here-
inafter referred to as the STECF) of the management of
living aquatic resources,
including biological, economic,
environmental, social and technical considerations.

regular

for

(1) Opinion of 13 November 2007 (not yet published in the Official

Journal).

(2) OJ C 10, 15.1.2008, p. 53.
(3) OJ L 358, 31.12.2002, p. 59. Regulation as last amended by Regu-

lation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

(3)

(4)

(5)

The United Nations Food and Agriculture Organisation’s
Code of Conduct
for Responsible Fisheries and the
Agreement relating to the Conservation and Management
of Straddling Fish Stocks both emphasise the need to
develop research and data collection with a view to
improving scientific knowledge of the sector.

In line with the objectives of
the Common Fisheries
Policy (hereinafter referred to as the CFP) on the conser-
vation, management and exploitation of living aquatic
resources in non-Community waters,
the Community
must take part in the efforts undertaken to conserve
fisheries
resources, notably in accordance with the
provisions adopted in Fisheries Partnership Agreements
or by Regional Fisheries Management Organisations.

On 23 January 2003, the Council adopted conclusions
concerning the Commission’s Communication to the
Council and the European Parliament
setting out a
‘Community Action Plan to integrate environmental
protection requirements into the CFP’ with guiding prin-
ciples, management measures and a work programme, to
move
towards an ecosystem approach to fisheries
management.

the

and

Parliament

On 13 October 2003, the Council adopted conclusions
concerning the Commission’s Communication to the
Council
the
European
scientific and technical advice for
improvement of
the
Community
Community’s needs for scientific advice, setting out the
mechanisms for providing advice,
identifying the areas
where system needs to be strengthened and suggesting
possible solutions over the short to medium and long
term.

fisheries management,

describing

on

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(6)

(7)

to take due

the data needed to conduct

Council Regulation (EC) No 1543/2000 of 29 June 2000
establishing a Community framework for the collection
and management of
the
common fisheries policy (1) needs to be reviewed in
fleet-based
order
a
approach towards fisheries management,
the need to
develop an ecosystem approach, the need for improved
quality, completeness and broader access to fisheries data,
more efficient support for provision of scientific advice
and the promotion of cooperation among Member
States.

consideration of

The current regulations in the area of
fisheries data
collection and management include provisions on the
collection and management of data relating to fishing
vessels, their activities and catches and on price moni-
toring, which should be taken into account in this Regu-
lation in order to streamline collection and use of these
data throughout the CFP and to avoid any duplication of
regulations are as
collection of data. Those current
follows: Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing
system
applicable to the common fisheries policy (2), Council
Regulation (EC) No 788/96 of 22 April 1996 on the
submission by Member States of statistics on aquaculture
production (3), Commission Regulation (EC) No 2091/98
of 30 September 1998 concerning the segmentation of
the Community fishing fleet and fishing effort in relation
to the multi-annual guidance programmes (4), Council
Regulation (EC) No 104/2000 of 17 December 1999
on the common organisation of the markets in fishery
and aquaculture products (5), Council Regulation (EC) No
2347/2002 of 16 December 2002 establishing specific
access requirements and associated conditions applicable
to fishing for deep-sea stocks (6),

control

a

Council Regulation (EC) No 1954/2003 of 4 November
2003 on the management of the fishing effort relating to
and resources (7),
certain Community
fishing areas
of
Commission Regulation
18 December 2003 laying down detailed provisions
regarding satellite-based Vessel Monitoring Systems (8),
Commission
of
30 December 2003 on the Community fishing fleet
register (9), Council Regulation (EC) No 812/2004 of

2244/2003

Regulation

(EC) No

(EC) No

26/2004

(1) OJ L 176, 15.7.2000, p. 1.
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1098/2007 (OJ L 248, 22.9.2007, p. 1).

(3) OJ L 108, 1.5.1996, p. 1. Regulation as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(4) OJ L 266, 1.10.1998, p. 36.
(5) OJ L 17, 21.1.2000, p. 22. Regulation as last amended by Regu-

lation (EC) No 1759/2006 (OJ L 335, 1.12.2006, p. 3).

(6) OJ L 351, 28.12.2002, p. 6. Regulation as amended by Regulation

(EC) No 2269/2004 (OJ L 396, 31.12.2004, p. 1).

(7) OJ L 289, 7.11.2003, p. 1.
(8) OJ L 333, 20.12.2003, p. 17.
(9) OJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation (EC)

No 1799/2006 (OJ L 341, 7.12.2006, p. 26).

26 April 2004 laying down measures concerning inci-
dental catches of cetaceans in fisheries (10), 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 (11), Council Regulation (EC) No 1966/2006 of
21 December 2006 on electronic
and
reporting of fishing activities and on means of remote
sensing (12), and Council Regulation (EC) No 1100/2007
of 18 September 2007 establishing measures for the
recovery of the stock of European eel (13).

recording

Data collected for the purposes of scientific evaluation
should include information on fleets and their activities,
biological data covering catches,
including discards,
survey information on fish stocks and the environmental
impact that may be caused by fisheries on the marine
ecosystem. It should also include data explaining price
formation and other data which may facilitate an
assessment of the economic situation of fishing enter-
prises, aquaculture and the processing industry, and of
employment trends in these sectors.

In order to protect and conserve living aquatic resources
and their sustainable exploitation, the ecosystem based
approach to fisheries management should be progres-
sively implemented. In view of this,
it is necessary to
collect data in order to assess the effects of fisheries on
the marine ecosystem.

Community programmes to collect, manage and use
fisheries data should be implemented under the direct
responsibility
States. Accordingly
Member States should draw up national programmes in
line with the Community programme.

the Member

of

is necessary that Member States cooperate among
It
themselves, as well as with third countries, and coor-
dinate their national programmes with respect to the
collection of data regarding the same marine region
and regions covering relevant inland waters.

Priorities should be established at Community level, as
should the procedures for data collection and processing
within the Community, in order to ensure that the entire
system is consistent and to optimise its cost-effectiveness
by creating a stable multi-annual regional framework.

(8)

(9)

(10)

(11)

(12)

(10) OJ L 150, 30.4.2004, p. 12, corrected by OJ L 185, 24.5.2004,
p. 4. Regulation as amended by Regulation (EC) No 809/2007
(OJ L 182, 12.7.2007, p. 1).
(11) OJ L 403, 30.12.2006, p. 1.
(12) OJ L 409, 30.12.2006, p. 1, corrected by OJ L 36, 8.2.2007, p. 3.
(13) OJ L 248, 22.9.2007, p. 17.

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(13)

computerised databases

The data referred to in this Regulation should be put into
national
are
accessible to the Commission and can be transmitted
the scientific
to end-users.
allow for
community
personal
identification is available to any party who
has an interest in its analysis.

that data which does not

in the interest of

so that

they

is

It

(14) Managing fisheries resources requires the processing of
detailed data in order to address specific issues. In that
context, Member States should transmit data needed for
scientific analysis and should ensure they have the
technical capacity of doing so. If necessary, the detailed
data may be aggregated before their transmission, to the
level of aggregation stipulated in the request as defined
by the end-users.

The obligations concerning access to the data covered by
this Regulation are without prejudice to Member States’
obligations under Directive 2003/4/EC of the European
Parliament and of the Council of 28 January 2003 on
public access to environmental information (1), as well as
under Regulation (EC) No 1367/2006 of the European
Parliament and of the Council of 6 September 2006 on
the
the Aarhus
Convention on Access to Information, Public Partici-
pation in Decision-making and Access to Justice in Envi-
ronmental Matters
and
bodies (2).

the provisions of

to Community

application of

institutions

(15)

(16)

individuals with regard to the
The protection of
this
processing of personal data for the purposes of
Regulation is governed by 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 (3) and by 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 insti-
tutions and bodies and on the free movement of such
data (4).

(21)

(22)

diture. The benefit of such programmes can only be fully
realised at Community level. There should therefore be
provision for a Community financial contribution to the
Member States’ costs, in accordance Council Regulation
(EC) No 861/2006 of 22 May 2006 establishing
Community financial measures for the implementation
of the Common Fisheries Policy in the area of the Law
of the Sea (5).

(18)

In case the Commission finds
the expenditure
concerned is linked to irregularities, provision should
be made for financial corrections in accordance with
Article 28 of Regulation (EC) No 861/2006.

that

(19)

the data collected,

Correct execution of the National Programmes and,
in
particular, adherence to deadlines, quality control, vali-
dation and transmission of
is of
high importance. For this reason Community financial
contribution should be made conditional on adherence
relevant deadlines, on quality control, on
to the
compliance with agreed quality standards
and on
provision of data. Consequently, a financial sanction
system related to non-compliance with these conditions
should be introduced.

(20)

In order to improve the reliability of scientific advice
needed to conduct the CFP, the Member States and the
Commission should coordinate and cooperate in the
relevant international scientific bodies.

Priority should be given to ensuring the attendance of the
relevant
groups
conducting the scientific evaluation needed to conduct
the CFP.

scientific

experts

expert

the

in

The scientific community should be consulted and those
working in the fishing industry and other interest groups
should be informed on the implementation of the data
collection provisions. The appropriate bodies in which to
gather the opinions required are the STECF, established
by Commission Decision 2005/629/EC (6), the Advisory
Committee on Fisheries and Aquaculture, set up by
the
Commission Decision
Regional Advisory Councils set up by Council Decision
2004/585/EC (8).

1999/478/EC (7),

and

(17)

The implementation of national programmes to collect
and manage fisheries data requires significant expen-

(1) OJ L 41, 14.2.2003, p. 26.
(2) OJ L 264, 25.9.2006, p. 13.
(3) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003.
(4) OJ L 8, 12.1.2001, p. 1.

(5) OJ L 160, 14.6.2006, p. 1.
(6) OJ L 225, 31.8.2005, p. 18.
(7) OJ L 187, 20.7.1999, p. 70. Decision as amended by Decision

2004/864/EC (OJ L 370, 17.12.2004, p. 91).

(8) OJ L 256, 3.8.2004, p. 17. Decision as amended by Decision

2007/409/EC (OJ L 155, 15.6.2007, p. 68).

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(23)

The management committee should ensure close coop-
eration between the Member States and the Commission
in order to facilitate the correct implementation of this
Regulation. The measures necessary for the implemen-
adopted in
this Regulation should be
tation of
accordance with Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for
the
exercise of
implementing powers conferred on the
Commission (1).

(24)

Based on past experience and new needs it is appropriate
to repeal Council Regulation (EC) No 1543/2000 and to
replace it by this Regulation,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject-matter

1.

This Regulation establishes rules on:

(a)

sector’ means activities

‘fisheries
fisheries, recreational
processing fisheries products;

related to commercial
fisheries, aquaculture and industries

(b) ‘aquaculture’ means the rearing or cultivation of aquatic
organisms using techniques designed to increase
the
in question beyond the
production of
the organisms
natural
remaining the property of a natural or
legal person
throughout
stage, up to and
including harvesting;

the organisms
the

environment;

capacity of

rearing or

culture

the

(c)

(d)

fisheries’ means

‘recreational
fishing
activities exploiting living aquatic resources for recreation
or sport;

non-commercial

‘marine regions’ means the geographical areas set out in
Annex I to Council Decision 2004/585/EC and the areas
established by the regional
fisheries management organi-
sations;

(e)

‘primary data’ means data associated with individual vessels,
natural or legal persons or individual samples;

(a)

the collection and management, in the framework of multi-
annual programmes, of biological, technical, environmental
and socio-economic data concerning the fisheries sector;

(f)

‘meta data’ means data giving qualitative and quantitative
information on the collected primary data;

(b) the use of data concerning the fisheries sector

in the
framework of
the Common Fisheries Policy (hereinafter
referred to as the CFP), for the purpose of scientific analysis.

(g)

‘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;

This Regulation also lays down provisions

2.
the
improvement of the scientific advice needed for the implemen-
tation of the CFP.

for

This Regulation shall be without prejudice to the obli-
3.
gations under Directive 95/46/EC, Regulation (EC) No
45/2001, Directive 2003/4/EC and Regulation (EC) No
1367/2006.

Article 2

Definitions

For the purposes of this Regulation, the following definitions
shall apply:

(h) ‘aggregated

data’ means

the

output

resulting

summarising the primary or detailed data for
analytic purposes;

from
specific

(i)

(j)

‘end-users’ means bodies with a research or management
interest in the scientific analysis of data in the fisheries
sector;

‘fleet-fishery based sampling’ means biological, technical and
socio-economic data collection surveys based on agreed
regional fishing types and fleet segments;

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(k)

‘Community fishing vessel’ means a vessel as defined in
Article 3(d) of Regulation (EC) No 2371/2002.

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CHAPTER II

COLLECTION, MANAGEMENT AND USE OF DATA IN THE
FRAMEWORK OF MULTI-ANNUAL PROGRAMMES

The national programme shall include,

2.
following matters as provided for in Section 2:

in particular, the

SECTION 1

(a) multi-annual sampling programmes;

Community programme and national programmes

Article 3

Community programme

1.
A multi-annual Community programme for collection,
management and use of biological, technical, environmental,
and socio-economic data concerning:

(b) a scheme for at-sea monitoring of commercial and recrea-

tional fisheries, where necessary;

(c) a scheme for research surveys-at-sea;

(a) commercial
vessels:

fisheries carried out by Community fishing

(d) a scheme for management and use of the data for scientific

analyses purposes.

(i) within Community waters,

including

commercial

fisheries for eels and salmon in inland waters;

3.
The procedures and methods to be used in collecting and
analysing data and in estimating their accuracy and precision
shall be included in the national programmes.

(ii) outside Community waters;

(b) recreational fisheries carried out within Community waters
including recreational fisheries for eels and salmon in inland
waters;

(c) aquaculture activities related to marine species,

including
eels and salmon, carried out within the Member States
and the Community waters;

(d) industries processing fisheries products;

shall be defined in accordance with the procedure referred to in
Article 27(2).

The Community programme shall be drawn for three-year
2.
periods. The first period shall cover the years 2009 and 2010.

Article 4

National programmes

1. Without prejudice to their current data collection obli-
gations under Community law, Member States shall collect
primary
socio-
biological,
economic data within the
framework of a multi-annual
national programme (hereinafter referred to as the national
programme) drawn up in accordance with the Community
programme.

environmental

technical,

and

4. Member States shall submit their national programmes for
approval to the Commission. They shall submit them by elec-
tronic means by the date, in the format and to the address to be
established by the Commission in accordance with the
procedure referred to in Article 27(2).

The first national programmes shall include the activities

5.
for the years 2009 and 2010.

Article 5

Coordination and cooperation

1. Member States shall coordinate their national programmes
with other Member States in the same marine region and make
every effort to coordinate their actions with third countries
having sovereignty or jurisdiction over waters in the same
the Commission may
marine
organise Regional Coordination Meetings in order to assist
Member States in coordinating their national programmes and
the implementation of the collection, management and use of
the data in same region.

this purpose

region.

For

2.
In order to take into account any recommendation made
at regional level at the Regional Coordination Meetings, Member
States shall where appropriate submit amendments to their
national programmes during the programming period. Those
amendments shall be sent
the latest
two months prior to the year of implementation.

to the Commission at

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in
Article 27(2).

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Article 6

Evaluation and approval of national programmes

The Scientific, Technical and Economic Committee for

1.
Fisheries (STECF) shall evaluate:

(a)

the conformity of
amendments thereto with Articles 4 and 5; and

the national programmes and any

(b) the

of

consultation

fisheries
management organisations to which the Community is
contracting party or observer and relevant
international
scientific bodies; and

appropriate

regional

(c)

the evaluation of costs carried out by its services.

Article 8

Community financial assistance

(b) the scientific relevance of the data to be covered by national
programmes for the purposes laid down in Article 1(1) and
the quality of the proposed methods and procedures.

1.
Community financial assistance for national programmes
shall be implemented in accordance with the rules laid down in
Regulation (EC) No 861/2006.

If the evaluation by STECF, referred to in paragraph 1,
2.
indicates that a national programme does not comply with
Articles 4 and 5 or does not guarantee the scientific relevance
of the data or sufficient quality of the proposed methods and
procedures,
immediately inform the
Member State concerned and propose amendments to that
programme. Subsequently, the Member State concerned shall
submit a revised national programme to the Commission.

the Commission shall

The Commission shall approve the national programmes
3.
and the
in accordance with
thereto made
Article 5(2) on the basis of the evaluation by the STECF and
the evaluation of costs carried out by its services.

amendments

The basic data referred to Article 9 of Regulation (EC) No
2.
861/2006 shall cover only those parts of Member States’
national
the Community
programme.

programmes

implement

that

3.
Community financial assistance for national programmes
shall only be granted if the rules set out in this Regulation are
fully respected.

4.
The Commission may, after having afforded the Member
States concerned an opportunity of being heard, suspend and/or
recover Community financial assistance in the following circum-
stances:

Article 7

Evaluation and approval of the outcomes of the national
programmes

1. Member States shall on an annual basis submit to the
Commission a report on the carrying out of their national
programmes. They shall submit
in the
format and to the address to be established by the Commission
in accordance with the procedure referred to in Article 27(2).

them by the date,

(a)

indicates that the
the evaluation, referred to in Article 7,
execution of a national programme does not comply with
this Regulation; or

(b) the consultation referred to Article 7(3)(b) indicates that the
data has not been provided by Member States in accordance
with Articles 16(3) and 20(1); or

2.

The STECF shall evaluate:

(c) data quality control and data process were not achieved in

accordance with Articles 14(2) and 17.

(a)

the execution of the national programmes approved by the
Commission in accordance with Article 6(3); and

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

The Commission shall assess the implementation of the

3.
national programmes on the basis of:

5. Without prejudice to paragraph 3, the Commission may,
after having afforded the Member States concerned an oppor-
tunity of being heard, also reduce Community financial
assistance in the following circumstances:

(a)

if a national programme was not
submitted to the
Commission by the date established in accordance with
Article 4(4);

(a)

the evaluation by the STECF;

(b) if a report was not submitted to the Commission by the

date established in accordance with Article 7(1);

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(c)

if an official request for data has been made by an end-user
and the data was not delivered in accordance with Articles
20(2) and 20(3) to the end-user concerned or the quality
control and the processing of
in
accordance to Articles 14(2) and 17.

these data were not

(c)

in accordance with the quality standards established by the
appropriate regional fisheries management organisations to
which the Community is contracting party or observer and
relevant international scientific bodies.

degree

The reduction of

of non-compliance. The

6.
the Community financial assistance
referred to in paragraphs 4 and 5 shall be proportionate to
the
the
Community financial assistance referred to in paragraph 5
shall be applied gradually over time and shall amount to no
more than 25 % of
the national
programme.

the total annual cost of

reduction of

7.
Detailed rules for the application of the reduction referred
to in paragraph 6 shall be adopted in accordance with the
procedure referred to in Article 27(2).

SECTION 2

Requirements for the data collection process

Article 9

Sampling programmes

Accuracy and precision for the data collected shall be

4.
systematically estimated where required.

Article 10

Access to the sampling sites

Member States shall ensure that,
in order to carry out their
duties, samplers designated by the body in charge of the imple-
mentation of the national programme have access to:

(a) all

landings,

including as appropriate, transhipments and

transfers to aquaculture;

(b) vessel and business registers operated by public bodies

relevant for the collection of economic data;

1. Member States
sampling programmes.

shall

establish multi-annual national

(c) economic data of fisheries related businesses.

2. Multi-annual national sampling programmes shall include,
in particular:

Article 11

(a) a sampling design for biological data following fleet-fishery
based sampling including, where appropriate, recreational
fisheries;

At-sea monitoring of commercial and recreational fisheries

1. Where necessary for the purposes of the collection of the
data under
the national programmes, Member States shall
design and implement at-sea monitoring of commercial and
recreational fisheries.

(b) a sampling design for ecosystem data that allows the impact
of
the fisheries sector on the marine ecosystem to be
estimated and that contributes to monitoring of the state
of the marine ecosystem;

The tasks of the at-sea monitoring shall be determined by

2.
the Member States.

(c) a sampling design for socio-economic data that permits the
economic situation of the fisheries sector to be assessed and
enables its performance over time to be analysed, and
impact assessments of measures undertaken, or proposed
to be carried out.

3.
The masters of Community fishing vessels shall accept on
board samplers operating under the at-sea monitoring scheme
and designated by the body in charge of the implementation of
the national programme and cooperate with them in order to
allow them to discharge their duties while on board Community
fishing vessels.

3.
The protocols and the methods used for the establishment
of national sampling programmes shall be given by Member
States and shall be, as far as possible:

(a) stable over time;

(b) standardised within regions;

4.
The masters of Community fishing vessels may refuse to
accept on board the samplers operating under the at-sea moni-
toring scheme only on the basis of an obvious lack of space on
the vessel or for safety reasons in accordance with national
In such cases, data shall be collected through a
legislation.
self-sampling programme, carried out by the crew of
the
Community fishing vessel, and designed and controlled by the
body in charge of
the national
programme.

implementation of

the

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Article 12

(c)

Research surveys at sea

1. Member States shall carry out research surveys at sea to
indepen-
evaluate the abundance and distribution of stocks,
dently of the data provided by commercial fisheries, and to
assess the impact of the fishing activity on the environment.

the quality assurance procedures applied to the primary,
detailed and aggregated data referred to in (a) and (b) are
developed in accordance with the procedures adopted by
the
fisheries
bodies,
management organisations and STECF.

international

scientific

regional

The list of

2.
the
Community financial assistance shall be adopted in accordance
with the procedure referred to in Article 27(2).

research surveys at

sea eligible for

CHAPTER III

DATA MANAGEMENT PROCESS

Article 13

Data storage

Member States shall:

(a) ensure

that

primary

national
programmes are safely stored in computerised databases
and take all necessary measures to ensure that they are
treated as confidential;

collected

under

data

(b) ensure that metadata related to the primary socio-economic
data collected under national programmes 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, distribution or unauthorised consultation.

Article 14

Data quality control and validation

1. Member States shall be responsible for the quality and
completeness of
the primary data collected under national
programmes, and for the detailed and aggregated data derived
therefrom which are transmitted to end-users.

CHAPTER IV

USE OF DATA COLLECTED IN THE FRAMEWORK OF THE CFP

Article 15

Data covered

1.

This Chapter shall apply to all data collected:

(a) under Regulations (EEC) No 2847/93, (EC) No 788/96, (EC)
No 2091/98, (EC) No 104/2000, (EC) No 2347/2002, (EC)
(EC) No 26/2004,
No 1954/2003,
(EC) No 812/2004,
(EC) No
1966/2006 and (EC) No 1100/2007;

(EC) No 1921/2006,

(EC) No 2244/2003,

(b) under the framework of this Regulation:

(i) data on vessels’ activity based on information from
satellite monitoring and other monitoring systems
with the required format;

(ii) data allowing the reliable estimation of the total volume
of catches per stock by defined regional fishing types
and fleet segments, geographical area and time period,
data
and, where
including
regarding catches in recreational fisheries;

appropriate,

discards

(iii) all biological data needed to assess

the status of

exploited stocks;

(iv) ecosystem data needed to evaluate the impact of fishing

activities on the marine ecosystem;

(v) the socio-economic data from the fisheries sector.

2. Member States shall ensure that:

2. Member States
shall
collection of the data referred to in paragraph 1.

avoid any duplication in the

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

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

Article 16

Access to and transmission of primary data

1.
For the purpose of the verification of the existence of the
primary data collected in accordance with Article 4(1), other
than socio-economic data, Member States shall ensure that the
Commission has access to the national computerised databases
referred to in Article 13(a).

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For the purpose of the verification of the socio-economic
2.
data collected in accordance with Article 4(1) Member States
shall ensure that the Commission has access to the national
computerised databases referred to in Article 13(b).

to ensure anonymity Member States
2. Where necessary,
may refuse to provide data on vessels’ activity based on infor-
mation from vessel satellite monitoring to end-users for the
purposes referred to in paragraph 1(b).

shall

conclude

3. Member States
agreements with the
Commission to ensure effective and unhindered access for the
Commission to their national computerised databases referred
to in paragraph 1 and 2, without prejudice to the obligations
established by other Community rules.

4. Member States shall ensure that the primary data collected
under the research surveys at sea are transmitted to interna-
tional scientific organisations and appropriate scientific bodies
in
fisheries management
within
regional
the
the
accordance with
Community and the Member States.

organisations
of

international

obligations

Article 17

Processing of primary data

1. Member States shall process the primary data into data
sets of detailed or aggregated data in accordance with:

Article 19

Transmission of detailed and aggregated data

Member States shall transmit detailed and aggregated data in a
secure electronic format.

Procedure for transmission of detailed and aggregated data

Article 20

1. Member States shall ensure that relevant detailed and
aggregated data to be sent on a regular basis is provided
timely to the appropriate regional fisheries management orga-
nisations to which the Community is a contracting party or
in
observer
accordance with
the
Community and the Member States.

scientific bodies
obligations

international
international

relevant
the

and

of

(a) relevant international standards, wherever they exist;

2. Where detailed and aggregated data are requested for
specific scientific analysis, Member States shall ensure that the
data is provided to end-users:

(b) protocols agreed at international or regional level, wherever

they exist.

(a)

for the purpose referred to in Article 18(1)(a), within one
month from the receipt of the request for these data;

2.
The Member State shall provide to the end-users and the
Commission, whenever necessary, a description of the methods
applied to process the requested data and their statistical prop-
erties.

(b) for the purpose referred to in Article 18(1)(b), within two
months from the receipt of the request for these data.

Article 18

Submission of detailed and aggregated data

1. Member States shall make detailed and aggregated data
available to end-users to support scientific analysis:

(a) as a basis for advice to fisheries management, including to

Regional Advisory Councils;

(b) in the interest of public debate and stakeholder participation

in policy development;

3. Where detailed and aggregated data are requested for
scientific publication referred to in Article 18(1)(c), Member
States:

(a) may,

in order to protect the professional

interests of the
data collectors, withhold data transmission to the end-users
for a period of three years following the date of collection
of the data. Member States shall inform the end-users and
the Commission of any such decisions.
In duly justified
cases the Commission may authorise that period to be
extended;

(c)

for scientific publication.

(b) shall

in case that three years period has already expired,
ensure that the data is provided to end-users within two
months from the receipt of the request for these data.

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4. Member States may refuse to transmit the relevant detailed
and aggregated data only:

(c) be responsible for correct and appropriate use of the data

with regard to scientific ethics;

(a)

if there is a risk of natural persons and/or legal entities
being identified,
in which case the Member State may
propose alternative means to meet the needs of the end-
user which ensure anonymity;

(d) inform the Commission and the Member States concerned

of any suspected problems with the data;

(b) in the cases referred to in Article 22(3);

(e) provide the Member States concerned and the Commission

with references to the results of the use of the data;

(c)

if the same data are already available in another form or
format which is easily accessible by end-users.

(f) not

forward the requested data to third parties without

consent with the Member State concerned;

fisheries management organisations

In cases where the data requested by end-users other than
5.
to
appropriate regional
which the Community is contracting party or observer and
relevant international scientific bodies are different from those
already provided to appropriate regional fisheries management
organisations to which the Community is contracting party or
observer and relevant international scientific bodies, Member
States may charge those end-users the actual costs of extraction
and,
if required, aggregation of the data before their trans-
mission.

Article 21

Review of refusal to provide data

If

a Member State

1.
to provide data under
refuses
Article 20(3)(a), the end-user 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 within one month.

If the Member State fails to provide such data within the
2.
period laid down in paragraph 1, Article 8 paragraphs 5 and 6
shall apply.

Article 22

Obligations for end-users

1.

The end-users of data shall:

(a) use the data only for the purpose stated in their request in

accordance with Article 18;

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

The Member States shall inform the Commission of any

2.
non-compliance by end-users.

the
3. Where an end-user fails to comply with any of
requirements set out
the Commission may
in paragraph 1,
allow the Member State concerned to limit or refuse access to
the data to that end-user.

CHAPTER V

SUPPORT FOR SCIENTIFIC ADVICE

Article 23

Participation in meetings of international bodies

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

Article 24

Coordination and cooperation

1. Member States and the Commission shall coordinate their
efforts and cooperate in order to further improve the reliability
of scientific advice, the quality of the work programmes and the
working methods of the regional fisheries management organi-
sations
to which the Community is contracting party or
observer and international scientific bodies.

(b) duly acknowledge the data sources;

Such coordination and cooperation shall

2.
take place
without prejudice to open scientific debate and shall aim to
promote impartial scientific advice.

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CHAPTER VI

FINAL PROVISIONS

Article 25

Implementing measures

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision

3.
1999/468/EC shall be set at one month.

The measures necessary for the implementation of this Regu-
lation shall be adopted in accordance with the procedure
referred to in Article 27(2).

Article 28

Repeal

Article 26

Monitoring

The Commission, in association with the STECF, shall monitor
the progress of the national programmes in the Committee for
Fisheries and Aquaculture established by Article 30 of Regu-
lation (EC) No 2371/2002 (hereinafter
referred to as the
Committee).

Article 27

Committee

1.

The Commission shall be assisted by the Committee.

1.
Regulation (EC) No 1543/2000 is hereby repealed with
effect from 1 January 2009. However, the repealed provisions
shall
remain applicable for national programmes approved
before 31 December 2008.

2.
Reference 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 29

Entry into force

This Regulation shall enter into force on the seventh day
following 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.

Done at Brussels, 25 February 2008.

For the Council
The President

A. VIZJAK

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ANNEX

Correlation table

Regulation (EC) No 1543/2000

Regulation (EC) No 199/2008

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 1

Article 2

Article 3, 4, 5

Article 15

Article 3, 25

Article 4, 8

Article 13, 18

Article 25, 26

Article 27

Article 26

Article 29