Regulation (EU) 2017/2403 of the European Parliament and of the CouncilShow full title

TITLE IV DATA AND INFORMATION

Article 39 Union database for fishing authorisations issued under this Regulation

1. The Commission shall set up and maintain an electronic Union fishing authorisation database containing all fishing authorisations granted in accordance with Titles II and III, made of a public part and a secure part. That database shall:

(a) record all information submitted in accordance with the Annex and other information submitted to the Commission for the purpose of issuing fishing authorisations under Titles II and III, including the name, city, country of residence of the owner and of up to five main beneficial owners, and display the status of each authorisation as soon as possible;

(b) be used for data and information exchange between the Commission and a Member State; and

(c) be used for the purposes of sustainable management of fishing fleets as well as for the purposes of control only.

2. The list of all fishing authorisations issued under Titles II and III in the database shall be publicly accessible and contain all of the following information:

(a) the name and flag of the vessel and its CFR and IMO numbers where required under Union law;

(b) the type of authorisation including target species or species group(s); and

(c) the authorised time and area of fishing operation (start and end dates; fishing area).

3. A Member State shall use the database to submit applications for fishing authorisations to the Commission and to keep its details updated, as required under Articles 11, 18, 22 and 26, and a third country shall use the database to submit applications for fishing authorisations as required under Article 34.

Article 40 Technical requirements

1. The exchange of information referred to in Titles II and III and in this Title shall be carried out in an electronic format.

2. The Commission may adopt implementing acts, without prejudice to the provisions of Directive 2007/2/EC of the European Parliament and of the Council(1), establishing technical operational requirements for the recording, formatting and transmission of the information referred to in Titles II and III and in this Title. The technical operational requirements shall become applicable not earlier than 6 months, and not later than 18 months, after their adoption. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(2).

Article 41 Access to data

Without prejudice to Article 110 of the Control Regulation, the Member States or the Commission shall grant access to the secure part of the Union database for external fishing fleets’ fishing authorisations referred to in Article 39 of this Regulation to the relevant competent administrative services involved in the management of fishing fleets.

Article 42 Data management, protection of personal data and confidentiality

Data obtained under this Regulation shall be handled in accordance with Articles 112 and 113 of the Control Regulation, Regulation (EC) No 45/2001 and Directive 95/46/EC and its national implementing rules.

Article 43 Relations with third countries and RFMOs

1. When a Member State receives information from a third country or an RFMO which is relevant for the effective application of this Regulation, it shall communicate that information to the Commission or the body designated by it, and, where appropriate, to other Member States concerned, provided that it is permitted to do so under bilateral agreements with that third country or the rules of the RFMO concerned.

2. The Commission or the body designated by it may, in the framework of fisheries agreements concluded between the Union and third countries, under the auspices of RFMOs to which the Union is a contracting party, communicate relevant information concerning non-compliance with the rules of this Regulation, or serious infringements, to other parties to those agreements or organisations subject to the consent of the Member State that supplied the information and in accordance with Regulation (EC) No 45/2001.

(1)

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).