
CHAPTER I
Article 1 

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.
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.
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.
Article 2 
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 
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 ...;
((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
SECTION 1
Article 4 

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.
Article 5 

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;
(b) requirements in relation to  research surveys at sea;
(c) thresholds below which it is not mandatory  to collect data based on fishing and aquaculture activities.
2. The data referred to in point (a) of paragraph 1 shall include:
(a) biological data on all stocks caught or by-caught in ... 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;
(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;
(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;
(d) socioeconomic data on fisheries to enable the socioeconomic performance of the  United Kingdom  fisheries sector to be assessed;
(e) socioeconomic data and sustainability data on marine aquaculture to enable the socioeconomic performance and the sustainability of the  United Kingdom  aquaculture sector, including its environmental impact, to be assessed;
(f) socioeconomic data on the fish processing sector to enable the socioeconomic performance of that sector to be assessed.
3. In addition, the data referred to in point (a) of paragraph 1 may include socioeconomic data and sustainability data on freshwater aquaculture to enable the socioeconomic performance and the sustainability of the  United Kingdom  aquaculture sector, including its environmental impact, to be assessed.
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...;
(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;
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) the international obligations of the  United Kingdom;
(k) spatial and temporal coverage of the data collection activities.
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;
(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.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION 2
Article 6 

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’).
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. National work plans shall contain a detailed description of the following:
(a) data to be collected in accordance with the multiannual ... 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  United Kingdom  have been taken into account.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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. 
(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 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 8 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 9 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 10 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 11 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION 3
Article 12 

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.
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.
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.
SECTION 4
Article 13 
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.
Article 14 

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.
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER III
Article 15 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 16 

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.
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.
Article 17 

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.
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.
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.
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.
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.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Article 18 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 19 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 20 

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;
(e) provide the  fisheries administration  with references to the results of the use of the data;
(f) not forward the requested data to third parties without consent from the  fisheries administration;
(g) not sell the data to any third party.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
CHAPTER IV
Article 21 
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.
Article 22 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER V
Article 23 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 24 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 25 

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.
Article 26 

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 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...Done at Strasbourg, 17 May 2017.
For the European Parliament
The President
A. TAJANI
For the Council
The President
C. ABELA
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