1994R0897 — EN — 08.03.1996 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 897/94
of 22 April 1994
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EEC)No2847/93asregards
pilot projects relating to continuous position monitoring of Community fishing vessels
(OJ L 104, 23.4.1994, p. 18)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 376/96 of 29 February 1996 L51 31 1.3.1996
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▼B
COMMISSION REGULATION (EC) No 897/94
of 22 April 1994
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EEC) No 2847/93 as regards pilot projects relating to continuous
position monitoring of Community fishing vessels
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
Having regard to the Treaty establishing the European Community,
HavingregardtoCouncilRegulation(EEC)No2847/93of12October
1993 establishing a control system applicable to the common fisheriespolicy(
1), and in particular Article 3 (4) thereof,
Whereas Article 3 of Regulation (EEC) No 2847/93 provides for the
carrying out by Member States of pilot projects, in respect of certaincategoriesofCommunityfishingvessels,relatingtocontinuouspositionmonitoring systems, either land- or satellite-based and using satellitecommunicationsfordatatransmission,and,asappropriate,thecarryingout of pilot projects relating to automatic position recorders, before 30June 1995;
Whereas the purpose of these pilot projects is to assess which tech-
nologytouseandwhichvesselstoincludeintheaforesaidsystemssothat the Council may, before 1 January 1996, decide if and when theyaretobeusedforimprovingtheeffectivenessofsurveillanceoffishingactivities;
Whereasitisthereforenecessary,inordertoensurethatMemberStates
carryoutthesepilotprojects,tolaydownthedetailedrulesofapplica-tion, in particular with regard to the number of vessels, per MemberState, to be included in the pilot projects, the procedure for the collec-tion and computerized processing of data transmitted by or recoveredfromthevesselsinquestionandtheprocedureforcommunicatingsuchdata among Member States;
Whereas, in order to ensure the monitoring of the pilot projects and
cooperation among Member States, the Commission must be informedby the Member States as and when the pilot projects are to be carriedout;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Management Committee for Fisheries andAquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down certain conditions under which Member
States are to carry out the pilot projects provided for in Article 3 ofRegulation (EEC) No 2847/93 relating to continuous positionmonitoring systems, either land- or satellite-based and using satellitecommunications for data transmission, and, as appropriate, the pilotprojects concerning automatic position recorders.
Article 2
1. Member States shall take the necessary steps to carry out:
(a) pilot projects relating to the continuous position monitoring of
Community fishing vessels using satellite communications whichwill apply to a minimum number of vessels flying the flag of aMember State, which must be at least equal to the number of theMember State’s vessels exceeding 50 metres in length, if thatnumber is more than 10, or not less than 10 otherwise. The
(1) OJ No L 261, 20. 10. 1993, p. 1.
1994R0897 — EN — 08.03.1996 — 001.001 — 3
▼B
minimum number of vessels for each Member State is specified in
Annex I;
(b) if they so wish, complementary pilot projects relating to the
recording of continuous position monitoring of Community fishingvessels, using an automatic position recording system which willapply to not more than the number of vessels provided for inrespect of the pilot projects referred to under (a).
2. Member States shall ensure that the pilot projects referred to in
paragraph 1 apply to vessels exceeding 17 metres in length. However,MemberStatesmayapplypilotprojectstoalimitednumberofvesselsless than 17 metres in length where the activities of such vessels aresubject to fishing effort restrictions.
3. The pilot projects must be carried out as from 1 July 1994. They
must be operational in all Member States as from 1 October 1994 andremain operational at least until ►
M131 December 1995. ◄
4. Without prejudice to the conditions set in paragraph 1, Member
States may decide to carry out joint pilot projects.
Article 3
The competent authority responsible for carrying out the pilot projects
shallbedesignatedbyeachMemberState,whichshallcommunicatetothe Commission, not later than one month after the entry into force ofthisRegulation,thename,address,telephonenumberandfaxnumberofthat authority.
Article 4
Each Member State shall take the necessary steps to ensure that the
pilot projects comprise:
(a) installations on board the vessels flying its flag which are to take
part in the pilot projects;
(b) computerized installations allowing the competent authorities
referredtoinArticle3toprocessthedatatransmittedbyorrecov-eredfromthefishingvesselsreferredtoinArticle2aswellasthedata communicated by the competent authorities of the otherMember States.
Article 5
Inthecaseofthepilotprojectsusingthesatellite-basedcommunication
system, the installations referred to in Article 4 (a) must:
1. allow the continuous position monitoring, with a position error
which must be less than 500 metres and a confidence interval of99%,ofvesselsflyingtheflagoftheMemberStateconcerned,froman earth station or a satellite, regardless of the maritime waters inwhich they are operating or the port they are in;
2. ensuretheautomatictransmission,onahourlybasis,ofdatarelating
tothegeographicalposition,withapositionerrorwhichmustbelessthan500metresandaconfidenceintervalof99 %,andthedateandtime of the recording of the said position, of the vessels flying theflag of the Member State concerned, to the competent authority ofthe flag Member State referred to in Article 3 and, with the agree-ment of the flag State, to the Commission at its request;
3. besuchastoensurethereliabilityofthedatareferredtoinpoint2.
Article 6
In the case of the complementary pilot projects using an automatic
position recording system, the installations referred to in Article 4 (a)must:
1. allow the automatic and continuous recording of geographical posi-
tion,withapositionerrorwhichmustbelessthan500metresandaconfidenceintervalof99 %,andthedateandtimeoftherecording
1994R0897 — EN — 08.03.1996 — 001.001 — 4
▼B
of the said position, regardless of the maritime waters in which the
vessels are operating or the port they are in;
2. besuchastoensurethereliabilityofthedatareferredtoinpoint1.
Article 7
The installations referred to in Article 4 (b) must enable the flag
Member State, whatever the system used, to:
1. collect,process,recordandcentralizeincomputer-readableformthe
datareferredtoinArticles5(2)and6(1).MemberStatesshalltakesteps to ensure such data are kept on record until ►
M1June 30
1996;◄
2. communicateinanautomaticwaythedatatransmittedbyorrecov-
eredfromitsvesselstothecompetentauthorityoftheMemberStatethe maritime waters of which the vessels concerned are operatingand, with the agreement of the flag State, to the Commission, at itsrequest.
Article 8
1. MemberStatesshallcooperatesoastoensurethecommunication
of the data referred to in Article 7 (2).
2. Each flag Member State shall take the necessary steps to ensure
that the individual data transmitted by its vessels as part of the pilotprojects referred to in Article 2 (1) (a) are communicated to thecompetent authority referred to in Article 7 (2) within 60 minutes ofreceiptofthedatabytheflagMemberStateandinanycasewithin120minutes of the transmission of the data by its vessels.
To this end, Member States may use a data exchange format that is
mutually acceptable.
3. Thecompetentauthorityreferredtoinparagraph2whichreceives
the data shall take the necessary steps to process them by computer.
Article 9
1. Not later than one month before the pilot projects become opera-
tional,MemberStatesshallforwardtotheCommissiontheinformationspecifiedinAnnexIIrelatingtothecarryingoutoftheirpilotprojects.However, Member States which have transmitted such informationpursuanttoCouncilDecision89/631/EEC(
1),shallbeexemptfromthis
obligation.
Member States shall inform the Commission regularly of the carrying
out of their pilot projects.
2. In the event of a vessel having to be added, withdrawn or
replaced, or the data relating to a vessel having to be altered, theMemberStatewhoseflagthevesselconcernedisflyingshallinformtheCommission thereof.
Article 10
In order to facilitate cooperation among Member States, the Commis-
sion shall communicate to each Member State the data it has receivedunder Article 9 and shall ensure the pilot projects carried out by eachMember State are monitored in accordance with the procedure laiddown in Article 36 of Regulation (EEC) No 2847/93.
Article 11
Before31March1995,eachMemberStateshallsubmittotheCommis-
sion an interim assessment report on the pilot project(s) which it hascarried out. Before ►
M129 February 1996 ◄each Member State
shall submit its final assessment report, containing in particular details
(1) OJ No L 364, 14. 12. 1989, p. 64.
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astothecost-effectivenessofthesystems,guaranteesastotheirtrans-parencyandrecommendationsrelatingtothefutureofcontinuousposi-tion monitoring systems for Community fishing vessels.
On the basis of these reports, the Commission shall transmit to the
CouncilacomprehensiveassessmentreportonthepilotprojectscarriedoutbytheMemberStates,containing,asappropriate,proposalsrelatingto the definitive introduction of a continuous position monitoringsystem for Community fishing vessels.
Article 12
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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Member StateNumber of vessels exceeding
50 m in length (fleet register
situation at October 1993)Minimum number of vessels
as referredto in Article 2ANNEXI
België/Belgique 01 0
Deutschland 15 15
Danmark 41 0
España 124 124
France 67 67
UnitedKingd om 19 19
Greece 91 0
Ireland 31 0
Italia 17 17
Nederland 14 14
Portugal 47 47
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▼B ANNEXII
Information referred to in Article 9:
— number of vessels concerned and their technical description (internal fleet
register number, name, external identification number, length, tonnage,motive power, radio call sign, type of vessel, type of fishing normallyengaged in),
— the technical characteristics of the installations referred to in Article 4.