Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems

Published date20 December 2003
Subject MatterFisheries policy
Official Gazette PublicationOfficial Journal of the European Union, L 333, 20 December 2003
EUR-Lex - 32003R2244 - EN

Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems

Official Journal L 333 , 20/12/2003 P. 0017 - 0027


Commission Regulation (EC) No 2244/2003

of 18 December 2003

laying down detailed provisions regarding 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 (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(1), and in particular Article 22(3) and Article 23(5) thereof,

Whereas:

(1) Pursuant to Article 22(1)(b) of Regulation (EC) No 2371/2002, fishing vessels are prohibited from engaging in activities within the scope of the Common Fisheries Policy, unless they have installed on board a functioning system which allows detection and identification of the vessel by remote monitoring systems.

(2) It is appropriate to provide that as from 1 January 2004, all fishing vessels exceeding 18 metres length overall, and as from 1 January 2005, all fishing vessels exceeding 15 metres length overall, should be subject to a satellite-based Vessel Monitoring System (VMS).

(3) Fishing vessels which operate exclusively inside the baselines of Member States should not be subject to that obligation since the impact of their activity on resources is insignificant.

(4) Pursuant to Article 23(3) of Regulation (EC) No 2371/2002, Member States are to set up the administrative and technical structure necessary for ensuring effective control, inspection and enforcement, including satellite based monitoring systems.

(5) Stricter VMS provisions create the potential to enhance significantly the efficiency and effectiveness of monitoring, control and surveillance operations both at sea and on land.

(6) It is appropriate to establish a transitional period for the application of the provisions referring to the communication of the speed and course of the fishing vessel subject to certain conditions.

(7) The VMS should apply in a similar way to Community fishing vessels and fishing vessels of third countries operating in Community waters.

(8) In view of the adoption of these new provisions, it is necessary to repeal 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(2).

(9) 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:

CHAPTER I GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down detailed rules for the operation by Member States of a satellite-based Vessel Monitoring System (VMS), as provided for in Article 22(1)(b) and Article 23(3) of Regulation (EC) No 2371/2002.

Article 2

Scope

1. This Regulation shall apply to:

(a) fishing vessels exceeding 18 metres overall length, as from 1 January 2004; and

(b) fishing vessels exceeding 15 metres overall length as from 1 January 2005.

2. This Regulation shall not apply to fishing vessels used exclusively for exploitation of aquaculture and operating exclusively inside the baselines of Member States.

Article 3

Fisheries monitoring centres

1. Member States shall operate Fisheries Monitoring Centres (FMC).

2. The FMC of a Member State shall monitor:

(a) the fishing vessels flying the flag of that Member State, regardless of the waters or the port they are in;

(b) Community fishing vessels flying the flag of other Member States; and

(c) third country fishing vessels during the time they are in the waters under the sovereignty or the jurisdiction of that Member State.

3. Member States may operate a joint FMC.

CHAPTER II SATELLITE-BASED MONITORING OF COMMUNITY FISHING VESSELS

Article 4

Requirement of satellite-tracking devices on Community fishing vessels

A Community fishing vessel subject to VMS is not allowed to leave a port without an operational satellite-tracking device installed on board.

Article 5

Characteristics of satellite tracking devices

1. The satellite-tracking devices installed on board Community fishing vessels shall ensure the automatic transmission to the FMC of the flag Member State, at all times, of data relating to:

(a) the fishing vessel identification;

(b) the most recent geographical position of the fishing vessel, with a position error which shall be less than 500 metres, with a confidence interval of 99 %;

(c) the date and time (expressed in Universal Time Coordinated (UTC)) of the fixing of the said position of the fishing vessel; and

(d) with effect from 1 January 2006 at the latest, the speed and course of the fishing vessel.

2. Member States shall adopt the appropriate measures to ensure that the satellite-tracking devices do not permit the input or output of false...

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