Exchange of sales-related data
Article 62
1. Member States shall set up and operate systems that ensure exchange of data according to this Article 2. Member States shall use the Sales Domain XML Schema Definition based on the UN/FLUX P1000-5 as the format to transmit sales notes data and take-over declarations data to other Member States, the Commission, or EFCA, as referred to in Articles 62 and 66 of Regulation (EC) No 1224/2009. 3. When a first sale or take-over takes place in the territory of a Member State other than the flag Member State, the Member State in whose territory the first sale or the take-over took place shall promptly upon receipt forward the sales notes and take-over declaration data as referred in Articles 64 and 66 of Regulation (EC) No 1224/2009 to the flag Member State and to the Commission. The sales notes shall also be forwarded to the Member State in whose territory the fishery products have been landed. 4. When a first sale takes place in the territory of the flag Member State, the flag Member State shall promptly upon receipt forward the sales notes data to the Member State in whose territory the fishery products have been landed and to the Commission. 5. When a first sale takes place outside the Union, the flag Member State shall promptly upon receipt forward the sales notes data to the Commission. 6. When a take-over takes place in the territory of the flag Member State or outside the Union, the flag Member State shall promptly upon receipt forward the take-over declaration data to the Commission. 7. Sales notes and take-over declaration data as referred to in paragraphs 3 and 4 shall be made available by the Member State in whose territory the first sale or the take-over took place, upon request, to the flag Member State, the Member State in whose territory the fishery products have been landed, and the Commission. This access shall be maintained for a minimum of three years following first sale or take-over, 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. 8. Sales notes and take-over declaration data as referred to in paragraphs 5 and 6 shall be made available by the flag Member State to the Commission. This access shall be maintained for a minimum of three years following the first sale or take-over, 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. 9. The requests referred to in this Article shall be generated automatically and transmitted without delay by the requested Member State.