Exchange of inspection and surveillance related data
Article 64
1. Member States shall set up and operate systems that allow exchange of data according to this Article. 2. Member States shall use the Inspection and Surveillance Domain XML Schema Definition based on the UN/FLUX P1000-8 as format to transmit inspection and surveillance report data to other Member States, the Commission, or EFCA, as referred to in Articles 71, 76, 78, 83, 110 and 111 of Regulation (EC) No 1224/2009. 3. When inspections or surveillance are conducted by a Member State other than the flag Member State, the inspecting Member State shall promptly forward the related inspection and surveillance report data to the flag Member State, the coastal Member State (if different from the inspecting Member State), and to the Commission, upon receipt. 4. When a fishing inspection of an operator fishing without a vessel, conducted in accordance with Annex VII, module 7, or a bluefin tuna farm inspection, conducted in accordance with Annex VII, module 8, takes place, the inspecting Member State shall promptly forward the inspection report data to the Commission upon receipt. 5. When a market inspection, conducted in accordance with Annex VII, module 4 takes place in a premises processing fishery products from a Member State other than the flag Member State, the inspecting Member State shall promptly forward the inspection report data to the flag Member State, the coastal Member State, the landing Member State (if different from the coastal Member State), and to the Commission, upon receipt. 6. When a transport inspection, in accordance with Annex VII, module 5, is conducted in a Member State other than the flag Member State, the inspecting Member State shall promptly forward the inspection report data to the flag Member State, the landing Member State, the coastal Member State (if different from the inspecting Member State), the Member State(s) of transit, the Member State of destination of the fishery products, and to the Commission, upon receipt. 7. When an inspection or surveillance is conducted by the flag Member State, that Member State shall promptly forward the inspection and surveillance report data to the Commission, upon receipt. 8. Inspection and surveillance report data shall be made available: (a) by the flag Member State and the inspecting Member State(s), upon request, to any of the Member States involved in inspection and surveillance; (b) by the flag Member State, upon request, to the Member State intending to conduct an inspection; (c) by the inspecting Member State and the flag Member State, upon request, to the Commission or EFCA; and (d) if conducted within the framework of a joint deployment plan (JDP), by EFCA, upon request, to the relevant Member State participating in that JDP. Access to such data shall be maintained for a minimum of three years following the inspection or surveillance, 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. Without prejudice to international agreements that are binding upon the Union: (a) when an inspection or surveillance of a third-country vessel is conducted by a Member State, the Member State shall promptly forward the inspection and surveillance report data to the third country concerned, the Member State or third country where the inspection or surveillance took place (if different), and to the Commission, upon receipt; (b) inspection and surveillance report data concerning third-country vessels inspected or sighted by a Member State shall be made available for a minimum period of three years from the inspection or sighting by that Member State, upon request, to the coastal Member State (if different), any Member State intending to conduct an inspection, the Commission or EFCA; (c) inspection and surveillance report data related to fishing vessels of a flag Member State that were inspected or sighted by a third country shall be made available for a minimum period of three years from the inspection or sighting by the flag Member State, upon request, to the coastal Member State (if different), any Member State intending to conduct an inspection, the Commission or EFCA. 10. Replies to any request made under this Article shall be generated automatically and transmitted without delay by the requested Member State.