Proposal for a Council Regulation (EC) amending Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy

(96/C 209/08)

(Text with EEA relevance)

COM(96) 232 final - 96/0140(CNS)

(Submitted by the Commission on 29 May 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas fishstocks have been overexploited in recent years and therefore significant efforts on surveillance and control of fishing activities are required to remedy this situation;

Whereas there is a need to use cost-effective measures and to improve availability and accuracy of effort data, such as by introducing satellite-based vessel monitoring systems;

Whereas, pursuant to Article 3 of Council Regulation (EEC) No 2847/93 (1) establishing a control system applicable to the Common Fisheries Policy, the Council can decide for a continuous position monitoring system to be established for Community fishing vessels;

Whereas experience gained in the application of pilot projects carried out by the Member States in accordance with Commission Regulation (EC) No 897/94 (2), laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards pilot projects relating to continuous position monitoring of Community fishing vessels, has demonstrated that several satellite-based vessel monitoring systems can be used to determine the position of fishing vessels;

Whereas satellite-based continuous monitoring of certain categories of Community fishing vessels will improve effort management, surveillance of sensitive areas, crosschecking of logbooks, and monitoring of landings,

HAS ADOPTED THIS REGULATION:

Article 1

Article 3 of Council Regulation No 2847/93 is replaced by the following:

'Article 3 1. Each Member State shall establish a satellite-based vessel monitoring system, hereinafter referred to as "VMS", to monitor the position of Community fishing vessels. The VMS shall apply no later than 1 January 1997 to all Community fishing vessels belonging to at least one of the following categories regardless of their length: - vessels operating on the high seas, except in the Mediterranean Sea, - vessels operating in the waters of third countries, - vessels catching fish for reduction to meal and oil, - vessels using driftnets longer than one kilometer, as well as, no later than 1 January 1999, to all other Community fishing vessels exceeding 15 metres in length overall. 2. Member States shall ensure that satellite-tracking devices be installed and fully operational on Community fishing vessels flying their flag to which VMS shall apply. The satellite-tracking device shall enable a fishing vessel to communicate by satellite to its flag State, its geographical position and where applicable the effort reports referred to in Article 19b below. In the case of force majeure relevant information shall be communicated by radio via a radio station approved under Community rules for the reception of such information. Member States shall conduct an annual inspection of the satellite-tracking devices installed on board the fishing vessels flying their flag. 3. The masters of the Community fishing vessels to which VMS applies shall ensure that the satellite-tracking devices are at any time fully operational and that the information referred to in paragraph 2 is transmitted. 4. Member States shall establish and operate Fisheries Monitoring Centres, hereinafter referred to as "FMC", which shall monitor fishing activities and fishing effort. The FMC shall be operational no later than 1 January 1997. The FMC of a particular Member States shall monitor the fishing vessels flying its flag, regardless of the waters in which they are operating or the port they are in as well as Community fishing vessels flying the flag of other Member States operating in the waters under the sovereignty or the jurisdiction of that particular Member State. 5. Where its fishing vessels are operating in waters subject to the sovereignty or jurisdiction of another Member State, the flag Member State shall ensure immediate communication of specific data related to their position by its FMC to the FMC of the coastal Member State concerned. The flag Member State shall be discharged of this obligation if the fishing vessels flying its flag transmit directly all relevant information to the FMC of the coastal Member State concerned, on the basis of a protocol to be agreed upon between the flag Member State and the coastal Member State, which shall be transmitted to the Commission. 6. Each flag Member State shall appoint the competent authorities responsible for the FMC and shall take the appropriate measures to ensure that its FMC has the proper staffing resources and is equipped with computer hard- and software enabling automatic data processing and electronic data transmission. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint FMC. 7. The flag Member State shall take the necessary measures to ensure that the data received from its fishing vessels are recorded in computer-readable form for a period of three years. The Commission shall have direct access to these computer files at any time. Due respect shall be given to the prevailing rules concerning data protection. 8. Detailed rules for the implementation of this Article shall be decided in accordance with the procedure laid down in Article 36.`

Article 2

This Regulation shall enter into force on the seventh day following 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.

(1) OJ No L 261, 20. 10. 1993, p. 1.

(2) OJ No L 104, 23. 4. 1994, p. 18.