EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 28.10.2004 
COM(2004)724 final 
2004/0252(CNS) .
 
Proposal for a 
COUNCIL REGULATION 
on electronic recording and reporting of fishing activities and on means of 
remote sensing 
. 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
The European Community is at the forefront in  introducing modern tech nologies in order to 
improve management and monitoring of fisher ies activities. Since 1992 it promoted the 
introduction of the satellite-based vessel monito ring system (VMS) as a tool to efficiently 
control its fishing fleet, irresp ective of where it is operating, and third country fleets when 
operating within Community waters. After a series of pilot projects, the fitting on board of a vessel localisation device became mandatory for cer tain categories of vessels. As of 1 January 
2005, save few exceptions, all Community vessel s greater than 15 metres in length overall 
will be subject to VMS and cannot fish without an operational satellite localisation device on 
board. 
A further step towards the utilisation of m odern technologies is now proposed. The rational 
exploitation of fisheries res ources, which is one of the main  aims of the Common Fisheries 
Policy, requires accurate and timely reporting of  information relating to fishing activities, 
such as quantities of catches on board, species , time spent at fishing, the area where catches 
have been taken and the gears used. This esse ntial information is currently collected by the 
masters of the fishing vessels by recording it  with a pen on a paperbound logbook. The same 
procedure is used when catches are tr anshipped, landed, transported or sold. 
As a consequence, in order to be gathered, analysed and transmitted to the authorities in 
charge of managerial or control tasks, this info rmation needs to be digitalised. This process is 
slow, costly and conducive to typing mistakes which can hinder the quality of the data. 
In order to make it more efficient, accurate  and less expensive, the Commission favours an 
electronic recording and repor ting system which will replace the current manual and 
cumbersome process. It will be designed to al leviate the administrative burden on the masters 
and the main actors of the commercial chain and dramatically simplify the tasks of the national authorities.  
Pilot projects on electronic recording and repo rting of information relating to fisheries 
activities have been carried out in recent ye ars. Some have already been conducted with 
conclusive results, othe rs are still ongoing. There is no do ubt about the feasibility of the 
electronic recording of fishing activities. Specifi c software is already available on the market. 
What is necessary now is a legislative te xt laying down the minimal requirements. 
The setting of technical specifi cations, which are required in or der to satisfy Community and 
third countries legislation, is the aim of an international pr oject on secured and harmonised 
electronic logbook. This proj ect is currently being carried out and specific ations will be made 
available in 2005. A Commission Re gulation will amend the current legislation on logbook 
and other recording requirements accordingly. 
With a view to facilitating the introduction of this techno logy, the Community may grant 
financial assistance to fishermen as well as to  national authorities und er the framework of 
Decision 2004/465/EC
1, as it did in the past in order to  promote the setting up of the vessel 
monitoring systems. 
                                                 
1 Council Decision on a Community financial contribution towards Member States fisheries control 
programmes (JO L 157, 30.4.2004, p. 114). 
 
EN 3   EN Furthermore, the Commission proposes to take advantage of the Vessel Monitoring System 
(VMS) in order to track fishing vessels operati ng in a given fishing zone which may be in 
breach of national or Community le gislation. Remotely sensed images may be used to detect 
such vessels. This technology is not new since it is  already in use in other fields. Pilot projects 
focused on fishing activities have  been carried out and they have proved to be successful. The 
objective is to cross-ch eck the status of fishing vessels detected, thanks to this technology 
(Vessel Detection System), with position reports from VMS. Fisheries Monitoring Centres may wish to further investig ate as regards those vessels which do not transmit position 
reports. 
 
EN 4   EN 2004/0252(CNS) 
Proposal for a 
COUNCIL REGULATION 
on electronic recording and reporting of fishing activities and on means of 
remote sensing 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
37 thereof, 
Having regard to the proposal from the Commission, Having regard to the opinion of  the European Parliament, 
Whereas: (1) Council Regulation (EC) N° 2371/2002
2 establishes a framework designed to ensure 
the conservation and the sustainable expl oitation of fisherie s resources under the 
Common Fisheries Policy. 
(2) Objectives of conservation and sustainable exploitation of  the fisheries resources are 
achieved through conditions governing access to  waters and resources, namely by 
limiting catches and fishing effort and by adopting technical measures related to 
fishing techniques and gears and sizes of catches. 
(3) Therefore, in order to soundly manage fishing opportunities and in order to achieve 
these objectives, there is a need to mon itor fisheries activities through the most 
appropriate means. Control on quantities cau ght is mainly carried out by collecting 
information on catches, landings, transhipments,  transports and sales, while control on 
fishing effort is mainly carried out by colle cting information on the characteristics of 
the vessel, time spent on fishing and gear s used. Furthermore, remote control 
technologies enable fisheries control authorities  to monitor the presence of vessels in a 
given area. The combination of all thes e means increases the accuracy of the 
information. 
(4) Articles 22 (1) and 23 (3) of the Regulation No 2371/2002 respectively provide that 
the Council is to decide in 2004 on the obliga tion to electronically  record and transmit 
relevant information relating to fishing activities, including landing or transhipments of catches and sales note, and on the obliga tion to set up a means of remote sensing. 
                                                
 
2 OJ L 358, 31.12.2002, p. 59. 
 
EN 5   EN (5) Pilot projects on electronic recording and reporting as well as on remote sensing have 
been carried out during recent years by Memb er States and other countries. They have 
proved to be valid and cost-effective. 
(6) Conditions under which electronic recordi ng and reporting as well means of remote 
sensing to be used for control purp ose should therefore be established; 
(7) The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of impl ementing powers conferred on the Commission
3, 
HAS ADOPTED THIS REGULATION:  
Article 1 
Electronic recording and reporting 
1. The master of a Community fishing vessel shall record by electronic means 
information relating to fishing activities, wh ich he is required to record in a logbook 
by Community legislation, and shall send it by electronic means to the competent 
authority.  
2. The declaration of catches landed by a Comm unity fishing vessel as well as the first 
sales note related to these catches shall be electronically recorded. 
3. Member States shall set up the administrati ve and technical structures enabling them 
to receive, treat, cross-check and transm it, by electronic means, the information 
contained in the logbook, landing declaration and sales note referred to in paragraphs 
1 and 2. 
4. Detailed rules for the implementation of  paragraphs 1 and 2 may be adopted in 
accordance with the procedure referred to in Article 30 (2) of Regulation No 2371/2002. These rules may also provide ex emptions from the obligations laid 
down in paragraphs 1 and 2 of this Article , where such exemptions may be justified 
by the disproportionate burden they would impose on the op erator compared with the 
economic importance of his activity. 
Article 2 
Remote sensing 
1. Member States shall ensure that th eir Fishery Monitori ng centres possess the 
technical structure allowing them to matc h, in real time, the positions derived by 
remotely sensed images sent to earth by satellites with the Vessel Monitoring System, in order to assess the presence of fishing vessels in a given area.  
                                                
 
3 OJ L 184, 17.7.1999, p. 23. 
 
EN 6   EN 2. Detailed rules for the implementation of pa ragraph 1 of this Article may be adopted 
in accordance with the procedure referred to Article 30 (2) of Regulation (EC) 
No 2371/2002. 
Article 3 
Entry into force 
This Regulation shall enter into force on 1 January 2006. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
 For the Council 
 The President