Commission Implementing Decision (EU) 2017/2266 of 6 December 2017 amending Implementing Decision (EU) 2016/1138 as regards certain deadlines for the use of UN/Cefact standards in the exchange of information on fisheries (notified under document C(2017) 8089)
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Address https://gelex.eu/eli/EU/decision/2017/2266@2017-12-06/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, and in particular Articles 111 and 116 thereof,
Having regard to Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, and in particular Article 146j thereof,
Whereas:
(1) Member State systems should be capable of exchanging fishing activity data and sales-related data messages using the United Nations Centre for Trade Facilitation and Electronic Business (UN/Cefact) standard in accordance with Article 146g and 146h of Implementing Regulation (EU) No 404/2011.
(2) Commission Implementing Decision (EU) 2016/1138 fixes the deadlines for the use of UN/Cefact standards in the exchanges of fisheries data.
(3) In order to ensure business continuity there is a need to establish a transition period during which the format in use before 1 November 2017 and the UN/Cefact standard format may be used for data exchanges, both within the Union as well as between Member States and third countries.
(4) There is a need to modify the specifications for replying to requests for sales notes and take-over data in order to harmonise this procedure with the specifications of other data requests.
(5) It is therefore appropriate to postpone certain deadlines set by Implementing Decision (EU) 2016/1138 for the use of these UN/Cefact standards.
(6) During meetings of the Fisheries Control Experts Group — ERS (Electronic recording and reporting system) and Data Management working group, Member States agreed on the need to establish a transition period, to modify the aforementioned specifications and to postpone certain deadlines.
(7) As the transition period started already on 1 November 2017, there is a need for this Decision to apply retroactively from this date.
(8) Implementing Decision (EU) 2016/1138 should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1 Amendments to Implementing Decision (EU) 2016/1138
Implementing Decision (EU) 2016/1138 is amended as follows:
(1) In Article 2, the following paragraphs 3 and 4 are added:
3. During a transition period ending no later than 1 May 2018, each exchange of fishing activity data between two Member States shall continue to be made using the format in place before 1 November 2017 unless both the sending and the receiving Member State are capable of exchanging fishing activity data using the new UN/Cefact standard format.
4. Exchanges of fishing activity data within the framework of a sustainable fisheries partnership agreement shall continue to be made using the format in place before 1 November 2017 until the date agreed with the concerned third country.;
(2) Article 3 is amended as follows:
(a) in paragraph 1, the following subparagraph is added: During a transition period ending no later than 1 May 2018, each exchange of sales notes and of take-over data between two Member States shall continue to be made using the format in place before 1 November 2017 unless both the sending and the receiving Member State are capable of exchanging sales notes and take-over data using the new UN/Cefact standard format.;
(b) paragraph 2 is replaced by the following:
2. As from 1 November 2018, Member States systems shall be capable of sending and replying to requests for sales notes and take-over data as referred to in Article 146h(3) of Implementing Regulation (EU) No 404/2011 in UN/Cefact P1000-5 format for operations that take place as from that date..
Article 2 Application
This Decision shall apply from 1 November 2017.
Article 3 Addressees
This Decision is addressed to the Member States.
Done at Brussels, 6 December 2017. For the Commission Karmenu Vella Member of the Commission