Exchange of fishing activity data
Article 61
1. Member States shall set up and operate systems that allow exchange of data according to this Article. 2. The flag Member State shall use the Fishing Activity Domain XML Schema Definition based on the UN/FLUX P1000-3 as the format to transmit fishing logbook, prior notifications, transhipment declaration, and landing declaration data to other Member States, the Commission, or EFCA, as referred to in Articles 14, 17, 19a, 21, and 23 to Regulation (EC) No 1224/2009, in accordance with Annex XV to this Regulation. 3. Upon receipt, flag Member States shall promptly forward the fishing logbook data, and any correction thereof, from fishing vessels flying their flag, for each fishing trip and starting with the last departure from port, to the coastal Member State in the waters of which fishing activities are conducted, and to the Commission. 4. Upon receipt, flag Member States shall promptly forward the landing or transhipment declaration data, and any correction thereof, from fishing vessels flying their flag, to the coastal Member State in the port of which the relevant landings or transhipments occurred, and to the Commission. 5. Upon receipt, flag Member States shall promptly forward prior notifications, and any correction thereof, from fishing vessels flying their flag to the coastal Member State in the port of which those fishing vessels intend to enter, and to the Commission. 6. Upon receipt, flag Member States shall promptly forward the fishing logbook data, and any correction thereof, from fishing vessels flying their flag, for each fishing trip and starting with the last departure from port, which operate in the waters under the sovereignty or jurisdiction of their flag Member States or beyond Union waters, to the Commission. 7. Upon receipt, flag Member States shall promptly forward the landing or transhipment declaration data, and any correction thereof, from fishing vessels flying their flag, whether the landing or transhipment occurred in a port of the flag Member State or a third country, to the Commission. 8. Upon receipt, flag Member States shall promptly forward prior notifications, and any correction thereof, from fishing vessels flying their flag that are entering their ports or the port of a third country to the Commission. 9. When a fishing vessel flying the flag of a Member State enters the Union waters of another coastal Member State during a fishing trip, the flag Member State shall grant access to the coastal Member State to all fishing activity data and exchange them, as referred to in Articles 110 and 111(1) of Regulation (EC) No 1224/2009, for the entire fishing trip, from departure until landing. This access shall be maintained for a minimum of three years following the start of the fishing trip, unless otherwise provided under the rules of the common fisheries policy or where data is necessary for inspections, verifications, audits, and enquiries, including those pertaining to complaints and infringements, or judicial or administrative proceedings. 10. Member States shall transmit to the Commission all fishing activity data for fishing vessels flying their flag, as referred to in Article 111(3) of Regulation (EC) No 1224/2009, covering the entire fishing trip from departure until the landing is completed. This access shall be maintained for a minimum of three years following the start of the fishing trip, unless otherwise provided under the rules of the common fisheries policy or where data is necessary for inspections, verifications, audits, and enquiries, including those pertaining to complaints and infringements, or judicial or administrative proceedings. 11. The flag Member State of a fishing vessel inspected by another Member State in accordance with Article 80 of Regulation (EC) No 1224/2009 shall, on request by the inspecting Member State, transmit to that Member State the electronic fishing activity data as referred to in Articles 110 and 111(1) of Regulation (EC) No 1224/2009 for the current fishing trip of the vessel from departure to the time of the request. 12. The requests referred to in this Article shall indicate whether the reply should provide the original data with corrections or only the consolidated data. The reply to the request shall be generated automatically and transmitted without delay by the requested Member State. 13. Masters of Union fishing vessels shall have secure access to their own fishing logbook information, transhipment declaration data, prior notification data, and landing declaration data stored in the database of the flag Member State at any time.