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"B 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
(OJ L 202, 30.7.1997, p. 18)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 435/98 of 24 February 1998 L 54 5 25.2.1998
"M2 Commission Regulation (EC) No 831/1999 of 21 April 1999 L 105 20 22.4.1999
"M3 Commission Regulation (EC) No 2445/1999 of 18 November 1999 L 298 5 19.11.19991997R1489 — EN — 26.11.1999 — 003.001 — 1
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 thesovereignty 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 inArticles 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 toenable it to perform in a cost-effective way its tasks provided for in Articles29 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) No2847/93, as well as a list of the fishing vessels belonging to the categoriesreferred 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 request, to the other Member States.
2. Not later than 30 June 1999, each Member State shall establish a list of
the fishing vessels flying its flag and registered in the Community to whichVMS applies pursuant to Article 3 (2) of Regulation (EEC) No 2847/93, aswell as a list of the fishing vessels belonging to the categories referred to in
Article 3 (2) of that Regulation which are exempted from the VMS pursuant
to Article 3 (3) of that Regulation, and shall communicate them to theCommission and, on request, to the other Member States.!B
(1) OJ No L 261, 20. 10. 1993, p. 1.
(2) OJ No L 102, 19. 4. 1997, p. 1.1997R1489 — EN — 26.11.1999 — 003.001 — 2
3. When a Member State imposes VMS on vessels flying its flag and
registered in the Community which do not fall within the scope of Article 3(1) and (2) of Regulation (EEC) No 2847/93, that Member State shallestablish a list of those vessels, and shall communicate it to the Commission
and, on request, to the other Member States.
4. The lists shall contain for each vessel the following information:
— the flag State,— the internal fleet register number,— the external identification,
— the name, and
— the international radio call sign.5. Each Member State shall immediately inform the Commission and the
other Member States which had requested the lists of any changes thereto.
Article 3
1. The satellite-tracking devices installed on board the fishing vessels shall
ensure the automatic transmission to the fisheries monitoring centre,
hereinafter referred to as ‘the FMC’, of the flag Member State, at all times,
of data relating to:
— the vessel identification,
— the most recent geographical position of the vessel, with a position error
which shall be less than 500 metres, with a confidence interval of 99 %,
and
— the date and time of the fixing of the said position of the vessel.
2. Each flag Member State shall take the necessary measures to check the
accuracy of the data referred to in paragraph 1.
3. Without prejudice to the special provisions contained in fisheries
agreements concluded between the Community and third countries or ininternational conventions to which the Community or some of its MemberStates are a party, each Member State shall take the necessary measures to
ensure that its FMC receives through the VMS the information requested in
paragraph 1 concerning the fishing vessels flying its flag and registered in theCommunity, at least every two hours unless otherwise specified in Annex I.The FMC may decide to require the position at shorter time intervals. If a
VMS does not offer the possibility of polling the actual position of the fishing
vessels, the Member State concerned shall take the necessary measures toensure that the FMC receives the position of the vessels every hour.
4. Each Member State shall take the necessary measures to ensure that its
FMC monitors, through the VMS, the date and time of the entry into and the
exit from the fishing areas referred to in Annex I to Council Regulation (EC)
No 685/95 (
1) and the waters of a third country of vessels flying its flag and
registered in the Community.
Article 4
1. The VMS established by each Member State shall ensure the automatic
transmission to the FMC of a coastal Member State of the data relating to theidentification and the geographical position of the fishing vessels flying its
flag and registered in the Community to which VMS applies and which
operate in the waters of the coastal Member State, expressed in degrees andminutes of latitude and longitude, and relating to the date and time of fixingof the said position.
"M1That data transmission shall be simultaneous with
transmission to the FMC of the flag Member State and in conformity with the
format defined in Annex II. 3
2. Each Member State shall transmit to the other Member States, before 31December 1997, a comprehensive list of latitude and longitude coordinateswhich delimit its exclusive economic zone or exclusive fishery zone.
3. Coastal Member States monitoring jointly an area may specify a common
destination for the transmissions referred to in paragraph 1. They shall inform
the Commission and the other Member States thereof.!B
(1) OJ No L 71, 31. 3. 1995, p. 5.1997R1489 — EN — 26.11.1999 — 003.001 — 3
4. Member States shall take the necessary measures to ensure coordination
between their competent authorities regarding the establishment and operationof the procedures for transmission to the FMC of a coastal Member State.
Article 5
The transmission of data through VMS by a Community fishing vessel, which
operates in the fishing areas referred to in Annex I to Regulation (EC) No
685/95, in accordance with the provisions of Articles 3 and 4 of this
Regulation, is considered to be the transmission of the effort reports referredto in Articles 19 (b) and 19 (c) of Regulation (EEC) No 2847/93.
Article 6
1. In the event of technical failure or non-function of the satellite tracking
device fitted on board a fishing vessel, the master or the owner of the vessel or
their representative shall communicate at least every 24 hours, starting fromthe time that this event was detected, the data referred to in Article 3 (1) andArticle 4 (1) by telex, by fax, by telephone message or by radio, via a radio
station approved under the Community legislation for the reception of such
reports, to the FMC of the flag Member State and the FMC of the coastalMember State respectively. The same provision applies in the event of
technical failure or non-functioning of the VMS of the flag Member State.
Such communication is not considered to be the transmission of the effortreports referred to in Articles 19 (b) and 19 (c) of Regulation (EEC) No2847/93.
2. In the event of technical failure or non-function of the satellite tracking
device fitted on board a fishing vessel, the owner of the fishing vessel or therepresentative of the owner is obliged to have the device repaired or replaced
within one month. After that period, the master of a fishing vessel is not
authorized to commence a fishing trip with a defective satellite trackingdevice. However, where a device stops functioning or becomes defectiveduring a fishing trip that lasts more than one month, the repair or the
replacement has to take place as soon as the vessel enters a port, and the
master of the vessel is not authorized to commence a new fishing trip withoutthe satellite tracking device having been repaired or replaced.
3. Member States shall take the necessary measures to ensure that the
master or the owner of the vessel or their representative is informed when thesatellite tracking device fitted on board a fishing vessel appears to bedefective or non-functioning or, as far as possible, when their VMS is
non-functioning.
Article 7
Member States shall take the necessary measures to ensure that the
Commission shall have, from 1 October 1998 onwards, on specific request,at any time remote access by online sessions to the computer files containing
the data recorded by the FMC.
Article 8
The name, address, telephone number, telex number and fax number, as well
as the X.25 and any other addresses used for electronic data transmission, ofthe competent authority responsible for a FMC, are listed in Annex III. Anychange in that information shall be communicated to the Commission and to
the other Member States within one week.
Article 9
The Member States and the Commission shall notify to each other the
measures relating to VMS taken pursuant to Article 37 (1) of Regulation(EEC) No 2847/93.
Article 10
Member States shall inform the Commission, for the first time before 1
November 1997 and half-yearly thereafter, of the progress in establishing their
VMS.!B1997R1489 — EN — 26.11.1999 — 003.001 — 4
Article 11
This Regulation shall enter into force on the seventh day following that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1997R1489 — EN — 26.11.1999 — 003.001 — 5
ANNEX I
FREQUENCY OF POSITION REPORTS
LocationMaximum interval of time between
receipt of position reports
In port 24 hours (2)
ICES Area North of 62° North outside Community waters (1) 6 hours
Mediterranean Sea outside Community waters 12 hoursNAFO area 12 hours
Other areas outside Community waters 24 hours
(
1)Except ICES division IIId.
(2)If the vessel remains in port for more than 48 hours, the satellite tracking device may be switched off whilst the vessel is in port, providing the
next report is from the same position as the last report.!B1997R1489 — EN — 26.11.1999 — 003.001 — 6
ANNEX II
ELECTRONIC DATA EXCHANGE FORMAT
Table 1: Definition of the mandatory data elements
Data element Field code Maximum widthMandatory/Op-
tionalDefinition/Remarks
Start of record SR M
Type of message TM 3 M Code. Default is POS.
Internal number IR 12 M Vessel detail
Internal fleet register number
Time TI 4 M Time of recording the position
(UTC) — hhmm
Date DA 8 M Date of recording the position —
yymmdd
Latitude LA 5 M Position detail
Latitude in degrees and minutes
Nddmm or Sddmm
Longitude LO 6 M Position detail
Longitude in degrees and minutes
Wddmm or Eddmm
End of record ER M
Table 2: Definition of optional data elements
Data element Field code Maximum widthMandatory/Op-
tionalDefinition/Remarks
Coastal Member State AD 3 O Addressee
Alpha-3 ISO country code
External identification XR 14 O Vessel detailName NA 40 O Vessel detailFlag FS 3 O Vessel detail
Flag state; Alpha-3 ISO country
code
International radio call sign RC 7 O Vessel detailActivity AC 6 O Code. Activity carried outOther information OI 50 O Other information not covered
above.
Character set: ISO 8859.1.
A data transmission is structured in the following manner:
— a double slash (‘//’) and a field code indicate the start of a data element— a slash (‘/’) separates the field code and the data.
Optional data elements have to be inserted between ‘Start of record’ and ‘End of
record’.!
B1997R1489 — EN — 26.11.1999 — 003.001 — 7
ANEXO III — BILAG III — ANHANG III — ΠΑΡΑΡΤΗΜΑ ΙΙΙ — ANNEX III —
ANNEXE III — ALLEGATO III — BIJLAGE III — ANEXO III — LIITE III —
BILAGA III
BELGIË/BELGIQUE
Benaming / Nom: Dienst voor de zeevisserij
Administratief Centrum
Adres / Adresse: Vrijhavenstraat 5
8400 Oostende
Telefoon / Téléphone (32-59) 50 89 66; 51 29 94Fax: (32-59) 51 45 57Telex: 81075 dzvost
DANMARK
Navn: Fiskeridirektoratet
Adresse: Stormgade 2
DK-1470 København K
Tlf. (45) 33 96 36 09
Fax: (45) 33 96 39 00Telex: 16144 fm dkX.25: 238 301 023 8535 (til Fiskeridirektoratet)
238 301 023 853 (fra Fiskeridirektoratet)
E-post: fd@fd.dk
DEUTSCHLAND
Name: Bundesanstalt für Landwirtschaft und Ernährung
Anschrift: Palmaille 9
22767 Hamburg
Telefon: (49-40) 3 89 05-173
-180
Telefax: (49-40) 3 89 05-128
-160
Telex: 0214/763X.25: 0 262 45 4001 20221
ΕΛΛΑ∆Α
ΦOmikronacuteνΦomikronµα: ΥπΦomikronυργείΦomikron ΕµπΦomikronρικής Ναυτιλίας/∆ιεύθυνση Λιµενικής
ΑστυνΦomikronµίας
∆ιεύθυνση: Γρ. Λαµπράκη 150/ GR-18518Πειραιάς
ΤηλέφωνΦomikron: (30-1) 419 14 14ΦαΦksi: (30-1) 419 15 61-422 04 66
ΤέλεΦksi: 21 22 39-21 22 73
∆ιεύθυνσηΦKhi. 25: 22 100 256-32 102 208E-mail: yen@yen.gr
ESPAÑA
Nombre: Secretaría General de Pesca Marítima
Dirección: Paseo de la Castellana N
o112
E-28046 Madrid
Teléfono: (34) 913 47 17 50Fax: (34) 913 47 15 44
Dirección X.25: 21453150315802
FRANCE
Nom: Cross Atlantique
Adresse: Château de la Garenne
Avenue Louis Bougo
F-56410 Etel
Téléphone: (33 2) 97 55 35 35Fax: (33 2) 97 55 49 34
Telex: 95 05 19
IRELAND
Name: National Supervisory Centre
Naval Base!
B
!M2
!M3
!M21997R1489 — EN — 26.11.1999 — 003.001 — 8
Address: Haulbowline
County Cork
Tel.: (353 21) 86 48 30 / 86 48 31
Fax: (353 21) 37 80 96
X.25: "M3272 440 520 023 3
ITALIA
Nome: Comando generale del Corpo delle Capitanerie di porto —
Guardia costiera
Indirizzo: Viale dell’Arte n. 16
I-00144 Roma
Telefono: (39-6) 59 23 569 - 59 24 145 - 59 08 45 27Telefax: (39-6) 59 22 737 - 59 08 47 93
Telex: (39-6) 61 41 56 - 61 41 03 - 61 11 72
E-mail: cogecap3@flashnet.it
NEDERLAND
Benaming: Algemene Inspectiedienst
Adres: Kloosterraderstraat 25
Postbus 234
6460 AE Kerkrade
Telefoon: (31-45) 546 62 22
(31-45) 546 62 30
Fax: (31-45) 546 10 11
X.25: 0204 14444605E-mail: Meldkamer@aid.agro.nl
PORTUGAL
Nome: Inspecção-Geral das Pescas
Morada: Av. de Brasília
1400-038 Lisboa
Telefone: "
M3(351-21) 302 51 00 — 302 51 90 3
Telefax: "M3(351-21) 302 51 01 3
Endereço X-25: 268096110344
SUOMI
Name: Ministry of Agriculture and Forestry, Department of Fisheries
and Game
Address: Hallituskatu 3 A
00170 Helsinki
Telephone: (358-9) 160 1Telefax: (358-9) 160 22 84
X.25: (0) 244 20 10 01 31
E-mail: ali.lindahl@mmm.fi
SVERIGE
Namn: Fiskeriverket
Adress: Box 423
S-401 26 Göteborg
Tfn (46-31) 743 03 00Fax (46-31) 743 04 44X.25: 2043 7 201034
E-post: fiskeriverket@fiskeriverket.se
UNITED KINGDOM
Name: Ministry of Agriculture, Fisheries and Food
Fisheries IV Division
Address: Nobel House
17, Smith Square
London SW1P 3JR
Tel.: (44 171) 238 56 92Fax: (44 171) 238 64 74
Telex: 21 274
X.25: "
M3237 859 010 201 3
E-mail: r.crooks@fish.maff.gov.uk (not for data transmission)!M21997R1489 — EN — 26.11.1999 — 003.001 — 9