Commission Regulation (EC) No 1489/97 of 29 July 1997 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems

• Coming into Force: 06 August 1997
• End of Effective Date: 31 December 2003
• Celex Number: 31997R1489
• ELI: http://data.europa.eu/eli/reg/1997/1489/oj
• Published date: 30 July 1997
• Date: 29 July 1997
• Official Gazette Publication: Official Journal of the European Communities, L 202, 30 July 1997

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Commission Regulation (EC) No 1489/97 of 29 July 1997 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems

Official Journal L 202 , 30/07/1997 P. 0018 - 0023

COMMISSION REGULATION (EC) No 1489/97 of 29 July 1997 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), as last amended by Regulation (EC) No 686/97 (2), and in particular Article 3 (10) thereof,

Whereas it is necessary to establish lists of fishing vessels to which vessel monitoring systems (VMS) applies as well as lists of fishing vessels which are exempted from VMS;

Whereas it is necessary to define the operational capacities of, as well as the specific data to be transmitted by, the satellite-tracking devices installed on board certain Community fishing vessels;

Whereas it is appropriate to ensure coordination between the fisheries monitoring centre (FMC) of a flag Member State and that of a coastal Member State in the case of fishing vessels operating in waters subject to the sovereignty or jurisdiction of a coastal Member State;

Whereas it is necessary to define when the transmission of data through VMS can be considered to be the transmission of the effort reports mentioned in Articles 19 (b) and 19 (c) of Regulation (EEC) No 2847/93;

Whereas an alternative method of transmission of data must be ensured in the event of technical failure or non-function of the satellite tracking device;

Whereas it is necessary to ensure that, on specific request, the Commission has direct access to the data received from the fishing vessels, in order to enable it to perform in a cost-effective way its tasks provided for in Articles 29 and 30 of Regulation (EEC) No 2847/93;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down detailed rules under which Member States are to establish and operate satellite-based vessel monitoring systems, hereinafter referred to as 'VMS`, as provided for in Article 3 of Regulation (EEC) No 2847/93.

Article 2

1. Not later than 31 December 1997, each Member State shall establish a list of the fishing vessels flying its flag and registered in the Community to which VMS applies pursuant to Article 3 (1) of Regulation (EEC) No 2847/93, as well as a list of the fishing vessels belonging to the categories referred to in Article 3 (1) of that Regulation which are exempted from the VMS pursuant to Article 3 (3) of that Regulation, and shall communicate them to the Commission and, on...