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Order Aaa/879/2015, May 6, Amending The Order Arm/1683/2011, 2 June, Which Regulates Files With Personal Data Managed By The Ministry Of Environment And Rural And Marine Affairs.

Original Language Title: Orden AAA/879/2015, de 6 de mayo, por la que se modifica la Orden ARM/1683/2011, de 2 de junio, por la que se regulan los ficheros con datos de carácter personal gestionados por el Ministerio de Medio Ambiente, y Medio Rural y Marino.

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Article 20 of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, states that the creation, modification or deletion of the files of the Public Administrations may be made only by means of general provision published in the Official Journal of the State or the official journal concerned.

Article 54 of the Implementing Regulation of the Organic Law 15/1999 of 13 December, approved by Royal Decree 1720/2007 of 21 December, sets out the extremes to be contained in that provision or agreement. the minimum content of this rule.

Personal data files managed by the Ministry of Agriculture, Food and the Environment are listed in Order ARM/1683/2011 of 2 June, which regulates the files with character data Staff of the Ministry of Environment, Rural and Marine Affairs.

Royal Decree 993/2014 of 28 November 2014 laying down the procedure and the requirements of the official veterinary certification for export creates, in Article 17, the Register of exporters in the field of the veterinary certification for the export, the Register of certifying agents for the export and the Register of independent control bodies. The objective of the creation of such records, attached to the Directorate General of Health of the Agricultural Production, is to enable the integral management of the veterinary certification for the export, through the computer system of support to the export of products subject to CEXGAN veterinary certification.

For its part, the Royal Decree 1311/2012 of 14 September establishing the framework for action to achieve a sustainable use of medical devices, in Articles 42 to 45, creates the Official Register of Producers and Operators and determines the structure and operation of the register, as well as the other characteristics of the registry. This register is configured as a census instrument necessary to optimize the performance of statistics, the planning and implementation of the official controls carried out by the autonomous communities and other agricultural policies, and for the necessary information for farmers and other stakeholders in the field.

Finally, Royal Decree 9/2015 of 16 January, which regulates the conditions for the application of the rules on the hygiene of primary agricultural production, proceeds to the creation of the General Register of the Agricultural production in Article 5. In this register, the agricultural holdings which carry out their activity in the field of primary agricultural production must be registered.

The creation of these records entails the need to create the files with corresponding personal data, which implies the modification of Annex I of Order ARM/1683/2011, of June 2.

This order is issued pursuant to Article 20 of Organic Law 15/1999 of 13 December, and complies with the provisions of Article 54 of the Implementing Regulation of Organic Law 15/1999 of 13 December.

In its virtue, prior to the report of the Spanish Data Protection Agency and the Ministry of Agriculture, Food and Environment's Ministerial Committee on Electronic Administration, I have:

Single item. Amendment of Order ARM/1683/2011 of 2 June, which regulates the files with personal data managed by the Ministry of the Environment, and the Rural and Marine Environment.

Order ARM/1683/2011 of 2 June, which regulates files with personal data managed by the Ministry of the Environment, and the Rural and Marine Environment, is amended as follows:

One. Three new files are created: "General Register of exporters", "Register of certifying agents" and "Registration of independent control bodies", which are included under the heading Subdirectorate-General of Health Agreements and Control at Frontera, in the section Dirección General de Recursos Agríagras y Cattlemen, current Directorate General for Health of Agricultural Production, of Annex I of Order ARM/1683/2011, of 2 June, with the following specifications:

1. General record of exporters:

" a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a.1) File identification: General exporter register.

a.2) Purpose and intended uses: Registration of exporters of livestock products to third countries.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data, and its provenance.

b.1) Collective: Everyone who wants to export livestock products.

b.2) Source: contributed by the interested party.

c) Basic file structure and the treatment system used in your organization.

c.1) Structure: Social name/reason, contact details, representative (name, contact details), exporters authorised to apply for export veterinary certificates on their behalf, authorisations by third countries for export, export operations history, Incidents relevant to export.

c.2) Treatment system: Automated.

d) Communications of the intended data, indicating where appropriate, the recipients or categories of recipients and applicable legislation: There are no plans.

e) International transfers to third countries, indicating, where appropriate, the countries of destination of the data: There are no plans.

f) Bodies responsible for the file: Directorate-General for Agricultural Production Health.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: Directorate General of Health of Agricultural Production. Sub-Directorate General of Sanitary and Control Agreements at Frontera, Calle Almagro, 33, 28071 Madrid.

h) Basic, medium or high level of security that is required in accordance with the provisions of Title VIII of the RLOPD: Basic. "

2. Certificate Agents Record:

" a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a.1) File identification: Record of certifier agents.

a.2) Purpose and intended uses: Registration of certifying agents for the export of livestock products to third countries.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for the collection of the data and their provenance.

b.1) Collective: Certified agents for the export of livestock products to third countries.

b.2) Source: contributed by the interested party.

c) Basic file structure and the treatment system used in your organization.

c.1) Structure: Type (veterinarian/official veterinarian), Name, Contact details, For veterinarians enabled: Company/Scope of the Enablement/History of certifications made, For veterinarians Officers: Department/History of certifications performed.

c.2) Treatment system: Automated.

d) Communications of the intended data, indicating where appropriate, the recipients or categories of recipients and applicable legislation: There are no plans.

e) International transfers to third countries, indicating, where appropriate, the countries of destination of the data: There are no plans.

f) Bodies responsible for the file: Directorate-General for Agricultural Production Health.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: Directorate General of Health of Agricultural Production. Sub-Directorate General of Sanitary and Control Agreements at Frontera, Calle Almagro, 33, 28071 Madrid.

h) Basic, medium or high level of security that is required in accordance with the provisions of Title VIII of the RLOPD: Basic. "

3. Registration of independent control bodies:

" a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a.1) File identification: Registration of independent control bodies.

a.2) Purpose and intended uses: Registration of independent control bodies for the export of livestock products to third countries.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data, and its provenance.

b.1) Collective: independent control bodies for the export of livestock products to third countries.

b.2) Source: contributed by the interested party.

c) Basic file structure and the treatment system used in your organization.

c.1) Structure:

Data from the Independent Control Body: social reason; NIF; home; telephone; fax; email.

Representative data: name and last name; identity card, passport or NIE; condition in which you act.

Technical Director data: first and last names; DNI, passport or NIE; contact details.

Inspectors ' data: first and last name; ID, passport or NIE.

c.2) Treatment system: Automated.

d) Communications of the intended data, indicating where appropriate, the recipients or categories of recipients and applicable legislation: There are no plans.

e) International transfers to third countries, indicating, where appropriate, the countries of destination of the data: There are no plans.

f) Bodies responsible for the file: Directorate-General for Agricultural Production Health.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: Directorate General of Health of Agricultural Production. Sub-Directorate General of Sanitary and Control Agreements at Frontera, Calle Almagro, 33, 28071 Madrid.

h) Basic, medium or high level of security that is required in accordance with the provisions of Title VIII of the RLOPD: Basic. "

Two. Two new files are created with personal data called "Official Register of Producers and Operators of Plant Protection Media" and "General Register of Agricultural Production", which are included under the heading Subdirection General of Health and Plant and Forestry Hygiene, in the section Directorate General of Agricultural and Livestock Resources, current Directorate General of Health of Agricultural Production, of Annex I of Order ARM/1683/2011, of June 2, with the following specifications:

1. General Register of Official Register of Producers and Operators of Plant Protection Media:

" a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a.1) Identification of the file: Official Register of Producers and Operators of Plant Protection Media.

a.2) Purpose and intended uses: Registration of professionals who perform plant protection treatments or market plant protection products.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data, and its provenance.

b.1) Collective: Any person who carries out phytosanitary treatments for professional purposes or who markets plant protection products.

b.2) Provenance: contributed by the Autonomous Communities based on data provided by the interested party.

c) Basic file structure and the treatment system used in your organization.

c.1) Structure: name and surname or social name, postal address, NIF, and, where applicable, linking to the company and academic qualifications.

c.2) Treatment system: Automated.

d) Communications of the intended data, indicating where appropriate, the recipients or categories of recipients and applicable legislation: There are no plans.

e) International transfers to third countries, indicating, where appropriate, the countries of destination of the data: There are no plans.

f) Bodies responsible for the file: Directorate-General for Agricultural Production Health.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: Directorate General of Health of Agricultural Production. Deputy Dirección General de Sanidad e Hygiene Vegetal y Forestal, Calle Almagro, 33, 28071 Madrid.

h) Basic, medium or high level of security that is required in accordance with the provisions of Title VIII of the RLOPD: Basic. "

2. General Register of Agricultural Production:

" a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a.1) Identification of the file: General Register of Agricultural Production (REGEPA).

a.2) Purpose and intended uses: Registration of holders of agricultural holdings, for the traceability of the production of food and feed of plant origin.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data, and its provenance.

b.1) Collective: holders of agricultural holdings.

b.2) Provenance: contributed by the Autonomous Communities based on data provided by the interested party.

c) Basic file structure and the treatment system used in your organization.

c.1) Structure: Name and surname, or social name, NIF of the farmer of the holding, postal address, contact details (at least one of the following means of communication: telephone, fax or e-mail address) electronic).

c.2) Treatment system: Automated.

(d) Communications of the intended data, indicating where appropriate, the recipients or categories of recipients and applicable legislation: food safety authorities, and bodies of the European Union, Article 21 of Organic Law 15/1999 of 13 December.

(e) International transfers to third countries, indicating, where appropriate, the countries of destination of the data: there are no plans.

f) Bodies responsible for the file: Directorate-General for Agricultural Production Health.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: Directorate General of Health of Agricultural Production. Deputy Dirección General de Sanidad e Hygiene Vegetal y Forestal, Calle Almagro, 33, 28071 Madrid.

h) Basic, medium or high level of security that is required in accordance with the provisions of Title VIII of the RLOPD: Basic. "

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, May 6, 2015. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.