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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5359

He article 20 of the law organic 15 / 1999, of 13 of December, of protection of data of character Personal, establishes that the creation, modification or suppression of them files of them administrations public only may make is by means of available general posted in the «Bulletin official of the State» or daily official corresponding.

He article 54 of the regulation of development of it law organic 15 / 1999, of 13 of December, approved by Royal Decree 1720 / 2007, of 21 of December, sets them ends that must contain such provision or agreement, determining the content minimum of this standard.

Files of personal data managed by the Ministry of agriculture, food and environment are listed in the order ARM/1683/2011, 2 June, which regulates files with personal data of the Ministry of environment, rural and marine.

The Royal Decree 993/2014, 28 November, which establishes the procedure and the requirements of the official veterinary certification for export, creates, in its article 17, the registration of exporters in the field of veterinary certification for export, the register of certification for export agents and the register of independent control bodies. The objective of the creation of such records, attached to the direction General of health of the agricultural production, is to enable comprehensive management of veterinary certification for export, through the computer system of support to the export of products subject to veterinary certification CEXGAN.

For its part, the Royal Decree 1311 / 2012, of 14 September, by which establishes the framework for action to achieve a sustainable use of Les produits, 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 features of the same. When registering as a census instrument necessary to optimize the realization of statistics, planning and realization of official controls carried out by the autonomous communities and other agricultural policies, and for the necessary information is set to farmers and other stakeholders on the matter.

Finally, the Royal Decree 9/2015, of 16 January, which regulates the conditions of application of the rules on hygiene of agricultural primary production, comes to the creation of the General Register of the agricultural production, in its article 5. Farms carrying out their activity in the field of agricultural primary production must be registered in this register.

The creation of the mentioned records entails the need to create files with data of a personal nature, which involves the modification of annex I of the order ARM/1683/2011, 2 June.

This order is issued under the protection of article 20 of the organic law 15/1999, of 13 December, and complies with the provisions of article 54 of the regulations implementing the organic law 15/1999, of 13 December.

In his virtue, prior report of it agency Spanish of protection of data and of the Commission Ministerial of Administration electronic of the Ministry of agriculture, food and environment, have: article only. Modification order ARM/1683/2011, 2 June, which regulates files with personal data managed by the Ministry of environment and Rural and marine affairs.

It order ARM / 1683 / 2011, of 2 of June, by which is regulate them files with data of character personal managed by the Ministry of environment, and between Rural and marine, is modified as follows: one. Create three new files called 'Register of exporters', 'Register of certifying agents' and 'Register of independent control bodies', which are included under the heading General Sub-Directorate of health agreements and Control on border, in the section Directorate General of agricultural resources and livestock, current direction General of health of the agricultural production, of annex I to order ARM/1683/2011 , 2 June, with the following specifications: 1. general register of exporters: «a) identification of the file, indicating its name, and the description of their purpose and intended use.

(a.1) identification of the file: register general of exporters.

a.2) purpose and intended use: registration of exporters of livestock products to third countries.

(b) origin of them data, indicating the collective of people on which is aims to obtain data of character personal or that are forced to supply them, the procedure of collection of them data, and its provenance.

b.1) collective: anyone wanting to export livestock products.

b.2) source: provided by the person concerned.

(c) the basic structure of the file and the system of treatment used in your organization.

(c.1) structure: name / reason social, data of contact, representative (name, data of contact), exporters authorized to request certified veterinary of export in its name, authorizations by third countries for exporting, history of operations of export, incidents relevant to the export.

c.2) treatment system: automated.

(d) communications of them data provided for, indicating in his case, them recipients or the categories of recipients and legislation applicable: not there are planned.

(e) international transfers to third countries, with indication, where appropriate, of the countries of destination of the data: there are no laid down.

(f) bodies responsible for the file: General direction of health of the agricultural production.

(g) services or units to which the rights of access, rectification, cancellation and opposition may be exercised: General direction of health of the agricultural production. Subdirección General de sanitary agreements and Control in Frontera, calle Almagro, 33, 28071 Madrid.

«(h) basic level, medium or high safety that is enforceable pursuant to title VIII of the RLOPD: basics.»

2 registration of certifying agents: 'a) identification of the file, indicating its name, and the description of their purpose and intended use.

a.1) identification of the file: register of certifying agents.

a.2) purpose and intended use: register of certifying agents for the export of livestock products to third countries.

(b) origin of the data, indicating the Group of people on which intends to obtain personal data or that they are obliged to supply them, the procedure for collection of data and their origin.

b.1) collective: certifying agents for the export of livestock products to third countries.

(b.2) source: provided by the own interested.

(c) structure basic of the file and the system of treatment used in your organization.

c.1) structure: (veterinarian authorized/official veterinarian) type, name, enabled veterinary contact, for details: company / scope of empowerment / carried out certifications for veterinary official history: Department / certifications made history.

c.2) treatment system: automated.

(d) communications of the data provided, indicating in his case, the recipients or categories of recipients and applicable legislation: there are no laid down.

(e) international transfers to third countries, with indication, where appropriate, of the countries of destination of the data: there are no laid down.

(f) bodies responsible for the file: General direction of health of the agricultural production.

(g) services or units to which the rights of access, rectification, cancellation and opposition may be exercised: General direction of health of the agricultural production. Subdirección General de sanitary agreements and Control in Frontera, calle Almagro, 33, 28071 Madrid.

«(h) basic level, medium or high safety that is enforceable pursuant to title VIII of the RLOPD: basics.»

3 registration of independent control bodies: «a) identification of the file, indicating its name, and the description of their purpose and intended use.

a.1) identification of the file: register of independent control bodies.

a.2) purpose and intended use: register of independent bodies of control for the export of livestock products to third countries.

(b) origin of the data, indicating the Group of people on which intends to obtain personal data or that they are obliged to supply them, the procedure of collection of data, and its origin.

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

b.2) source: provided by the person concerned.

(c) the basic structure of the file and the system of treatment used in your organization.

c.1) structure: the body independent of Control data: company name; NIF; domicile; phone; fax; electronic mail.

Representative data: name and surname; DNI, passport or NIE; condition in which acts.

Data of the Director technical: name and surname; DNI, passport or NIE; data of contact.

Data of the inspectors: name and surname; DNI, passport or NIE.

(c.2) system of treatment: automated.

(d) communications of them data provided for, indicating in his case, them recipients or the categories of recipients and legislation applicable: not there are planned.

(e) transfers international planned to third countries, with indication, in its case, of the countries of destination of them data: not there are planned.


(f) bodies responsible of the file: address General of health of the production land.

(g) services or units to which the rights of access, rectification, cancellation and opposition may be exercised: General direction of health of the agricultural production. Subdirectorate General of agreements health and Control at border, calle Almagro, 33, 28071 Madrid.

«(h) basic level, medium or high safety that is enforceable pursuant to title VIII of the RLOPD: basics.»

Two. Is create two new files with data of character personal so-called «registration official of producers and operators of media of Defense plant protection» and «record General of the production agricultural», that is include low it header Subdirectorate General of health e hygiene vegetable and forest, in the paragraph address General of resources agricultural and livestock, current address General of health of the production agrarian , annex I of the order ARM/1683/2011, June 2, with the following specifications: 1. general register of official registration of producers and operators of plant protection means of Defense: 'a) identification of the file, indicating its name, and the description of their purpose and intended use.

(a.1) identification of the file: Register official of producers and operators of means of Defense plant.

a.2) purpose and intended use: registration of professionals who carry out phytosanitary treatments and/or market plant protection products.

(b) origin of the data, indicating the Group of people on which intends to obtain personal data or that they are obliged to supply them, the procedure of collection of data, and its origin.

b.1) collective: any person who carries out phytosanitary treatments for professional purposes or that marketed pesticides.

(b.2) source: provided by the communities autonomous based on the data provided by the own interested.

(c) the basic structure of the file and the system of treatment used in your organization.

(c.1) structure: name and surname or name social, address postal, NIF, and, in his case, bonding with it company and degree academic.

c.2) treatment system: automated.

(d) communications of the data provided, indicating in his case, the recipients or categories of recipients and applicable legislation: there are no laid down.

(e) international transfers to third countries, with indication, where appropriate, of the countries of destination of the data: there are no laid down.

(f) bodies responsible for the file: General direction of health of the agricultural production.

(g) services or units to which can exercise is the rights of access, rectification, cancellation and opposition: address General of health of the production agrarian. Subdirectorate General of health and hygiene plant and forestry, calle Almagro, 33, 28071 Madrid.

«(h) basic level, medium or high safety that is enforceable pursuant to title VIII of the RLOPD: basics.»

2. General Register of agricultural production: «a) identification of the file, indicating its name, and the description of their purpose and intended use.

a.1) identification of the file: General Register of the agricultural production (REGEPA).

a.2) purpose and intended use: registration of the owners of agricultural holdings, for the traceability of the production of food and feed of plant origin.

(b) origin of the data, indicating the Group of people on which intends to obtain personal data or that they are obliged to supply them, the procedure of collection of data, and its origin.

b.1) collective: owners of agricultural holdings.

b.2) source: provided by the autonomous communities on the basis of the data provided by the person concerned.

(c) the basic structure of the file and the system of treatment used in your organization.

c.1) structure: name, or corporate name, NIF of the farmer of the exploitation, postal address and contact details (at least one of the following methods of communication: phone, fax, or email address).

c.2) treatment system: automated.

(d) communications of the data provided, indicating in his case, the recipients or categories of recipients and applicable law: competent authorities in food security, and agencies of the European Union, article 21 of the organic law 15/1999, of 13 December.

(e) international transfers to third countries, with indication, where appropriate, of the countries of destination of the data: there are no laid down.

(f) bodies responsible for the file: General direction of health of the agricultural production.

(g) services or units to which the rights of access, rectification, cancellation and opposition may be exercised: General direction of health of the agricultural production. Subdirección General de Sanidad and plant hygiene and forestry, calle Almagro, 33, 28071 Madrid.

«(h) basic level, medium or high safety that is enforceable pursuant to title VIII of the RLOPD: basics.»

Available end only. Entry into force.

The present order will enter in force the day following to the of your publication in the «Bulletin official of the State».

Madrid, may 6, 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.