Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy
Date: 1996-05-28
Institutions: European Commission
Subjects: fishing area, fishing controls, fishing vessel, research project, satellite communications

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.05.1996 
COM(96) 232  final 

96/O140(CNS) 

Proposal for a 

COUNCIL REGULATION (BO 

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

(presented by the Commission) 

REPORT FROM THE COMMISSION TO THE COUNCIL 
AND THE EUROPEAN  PARLIAMENT 

ON THE ESTABLISHMENT OF 

A  SATELLITE-BASED  VESSEL MONITORING SYSTEM 

FOR COMMUNITY  FISHING VESSELS 

EXPLANATORY  MEMORANDUM 

The  present  proposal  for  a  Council  Regulation  amende  Council  Regulation  (EEC)  No  2847/93 

establishing  a control  system  applicable  to  the  Common  Fisheries  Policy  (hereinafter  referred  to 

as  "Control  Regulation"),  with  a  view  to  require  the  Member  States  to  establish  satellite-based 

fishing  vessel  monitoring  systems. 

The  1992 Commission proposal for a new Control Regulation provided  for the implementation  of 

a continuous position monitoring system of fishing vessels using satellite communications in order 

to  improve  effectiveness  of  fisheries  control.  However,  at that  stage, the  Council  did  not  accept 

the  Commission  proposal.  Instead,  in the  framework  of  an overall  compromise  the  Council  and 

the  Commission  agreed  to legal  provisions  which  required: 

-  Member  States to carry  out pilot  projects  in order to  assess the technology  to be used  for  the 

purpose  of  fisheries  control, 

- 

to  postpone  a  decision,  until  June  1996,  on  when,  whether  and  to  what  extent  a  continuous 

position  monitoring  system  shall  be  implemented  for  fishing  vessels. 

All  Member  States concerned  have carried  out, from  July  1994 to  December  1995, pilot  projects 

for  satellite  monitoring,  involving  up  to  350  Community  vessels.  The  implementation  of  pilot 

projects  have  demonstrated  that  satellite-based  continuous  monitoring  of  fishing  vessels  will 

greatly  improve  the  effectiveness  of  fisheries  control. 

The  conclusions  of  the  implementation  of  the  pilot  projects  are  reflected  in  the  "Report  on  the 

establishment  of a satellite-based vessel  monitoring  system for  Community  fishing  vessels".  This 

report  is  based  on the  reports  submitted  by  each  Member  State. 

Taking  into  account  the  experience  obtained,  the  present  proposal  for  a  Council  Regulation 

amending  Council  Regulation  (EEC)  No  2847/93, provides  for  the  implementation  by  Member 

States of satellite-based continuous monitoring systems for tracking fishing vessels flying their flag 

and which enable  them  to communicate  to the Member  States  in which  waters they  are  carrying 

out their  activities,  the  localisation  of  its  vessels.  It is provided  that  such monitoring  applies  to 

I 

all  fishing  vessels  exceeding  a  certain  lenght  whilst  this  obligation  should  be  implemented 

gradually  in  the  period  1997-1999.  Initially  vessels  operating  in  sensitive  fisheries  should  be 

monitored whilst finally all vessels should be covered.  Furthermore, the present proposal contains 

provisions which shall ensure cooperation between the Member States concerned. 

Finally, in accordance with Article  3 of Regulation (EEC) No 2847/93,  it falls to the Council to 

adopt a decision before  1 July  1996. 

PROPOSAL  FOR  A  COUNCIL  REGULATION 

^£  I ©  Wofr  VJÎ^ 

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

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  Parliament2, 

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  4  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; 

O . J.  No  L  2 6 1,  2 0 . 1 0 . 1 9 9 3,  p. 

1 

H 

whereas  experience  gained  in  the  application  of  pilot  projects  carried  out  by  the  Member 
States  in  accordance  with  Commission  Regulation  (EC) No  897/94  5, 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: 

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

Article  1 

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. 

"Article 3 

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. 

O . J.  No  L  1 0 4,  2 3 . 0 4 . 1 9 9 4,  p.  18 

r 

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  State  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  spécifie  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.  " 

This  Regulation  shall  enter  into  force  on  the  seventh  day  following  its  publication  in  the 

Official  Journal  of  the  European  Communities. 

Article  2 

This Regulation  shall  be binding  in  its entirety  and directly  applicable  in all  Member  States. 

Done  at 

For  the  Council 

The  President 

1 

REPORT FROM THE COMMISSION TO THE COUNCIL 
AND  THE EUROPEAN  PARLIAMENT 

ON THE ESTABLISHMENT OF 

A  SATELLITE-BASED VESSEL MONITORING  SYSTEM 

FOR COMMUNITY  FISHING VESSELS 

S 

Table of  contents 

I. 

Introduction 

1.  Background 
2. 

The  International  Context 

II. 

The  pilot  projects 

1.  Evaluation  of the  pilot  projects 
The  issue  of  data  exchange 
2. 
Legal  and  Evidential  Issues 
3. 

III.  The appropriateness  of a satellite-based  VMS  for fishery  enforcement 

and  management 

Annex 

/ 

INTRODUCTION 

For  many  and  many  generations,  the  stars  have  been  the  sole  means  of 

navigation  over  land  and  on  sea.  Still  in  use  today  as  back-up,  celestial 

navigation has been gradually complemented by other navigation techniques. 

Over the past decades, the world has seen a revolutionary transition to space-

based  systems.  Satellite  navigation  is  probably  one  of  the  better  known 

applications  of  space  technology. 

Today,  satellite-based  systems  are  finding  new  applications  in  many  other 

areas 

including  air  (traffic  control  systems,  approach  and 

landing 

systems,  ...), road  (private transport,  truck management,  ...), rail  and  survey 

sectors.  The  number  of  users  of  these  systems  and  the  economic  benefits 

increase continuously, due to liberalisation and privatisation initiatives.  The 

technologies  developed  in  different  areas  can  be  applied  to  fisheries 

monitoring,  control  and  surveillance,  as  will  be  demonstrated  hereafter. 

This report is made in response to a formal  obligation pursuant to Article  11 

of Commission Regulation (EC) No  897/94 which requires the  Commission 

to present  a report to the Council  regarding the pilot projects  carried  out by 

the  Member  States  relating  to  the  continuous  position  monitoring  of 

Community  fishing  vessels^).  It  is partly  based  on the  final  reports  of  the 

Member  States, which  were  unfortunately  transmitted  with  delay. 

() 

OJ  No  L  104/18 

yto 

1.  Background 

In  1992,  the  Commission  proposed  that  a  continuous  position-monitoring 

system  using  satellite  communications  should  be  introduced  for  fishing 

vessels,  in  order  to  improve  the  effectiveness  of  surveillance  of  fishing 

activities^). 

Subsequently,  the  Council  decided  that  Member  States  were  to  carry  out 

pilot  projects,  in  cooperation  with  the  Commission,  in  order  to  assess  the 

technology to be used and the vessels to be included in the above mentioned 

system  (as  provided  for  by  Article  3  of  Council  Regulation  (EEC) 

No  2847/93 establishing a control system applicable to the common  fisheries 

policy,  of  12 October  1993,  hereafter  called  "the  Control  Regulation"). 

Commission  Regulation  (EC)  No  897/94  laid  down  detailed  rules  for  the 

pilot  projects.  Thirteen  EU  Member  States  (Belgium,  Denmark,  Germany, 

Greece,  Spain,  France,  Ireland,  Italy,  the  Netherlands,  Portugal,  Finland, 

Sweden and the United Kingdom) have carried out pilot projects  for  satellite 

monitoring,  involving  up  to  350  vessels  throughout  the  Community. 

Three  different,  commercially  available,  satellite-based  vessel  monitoring 

systems (Argos, Euteltracs and Inmarsat) were used to track the  movements 

of the participating  vessels.  Several  Member  States  have tested  more  than 

one  of these  systems. 

The pilot  projects  were  funded  with  ECU  10 million  from  the  Community 

budget. The projects  started  in July  1994 and were due to end in June  1995. 

( ') 

COM(92)  392  final 

sM 

On request of a number of Member States, whose projects were overdue, the 

projects  were  prolonged  to  December  1995.  A  number  of  Member  States 

continue  to  use the  systems  as  a means  of  improving  and  developing  their 

understanding  of  this  type  of  technology  for  fisheries  enforcement  and 

conservation  purposes. 

The  pilot  projects  were  coordinated  by  the European  Commission.  The 

Commission  regularly  organised  meetings  of  the  Expert  Group  Fisheries 

Control  with the national  officials  in charge  in the Member  States  in  order 

to  monitor  the progress  of the  projects. 

The  Commission  has  also  been  conducting 

trials  since  1992.  It  has  been 

using  its  inspection  vessel  operating  in  the  Northwest  Atlantic  Fisheries 

Organisation  (NAFO)  Regulatory  Area  (i.e.  international  waters  off 

Newfoundland)  for  this  purpose. 

2.  The International  Context 

The  management  dilemma  in  commercial  fisheries  of  reconciling  the 

availability of limited fishery resources with the overcapacity in the catching 

sector  has  been  compounded  by  the  difficulties  enforcement  agencies  face 

with monitoring large numbers of vessels spread over immense ocean areas. 

In recent years, many nations have resorted to technological innovations such 

as  monitoring  vessel  locations  by  satellite  as  a  means  of  improving  the 

enforcement  and  effectiveness  of  their  fishery  management  regimes.  A 

number  of  examples  are  set  out  below. 

/K-

In  April  1990,  an  international  agreement  among  the  United  States  of 

America,  Canada  and Japan required  that  satellite  monitoring  be placed  on 

100% of the Japanese squid and large-mesh driftnet  fishing vessels operating 

in the North  Pacific  in  1990. Similar  agreements  were reached  between  the 

U.S.  and  Korea  and  the  U.S.  and  Taiwan.  The  U.S.  has  monitored  the 

operations  of nearly  800  fishing  vessels  on the high  seas.  More recently  a 

score  of  U.S.  longliners  have  been  equipped  with  satellite  surveillance 

devices  in  the  Western  Pacific  pelagic  longline  fishery.  The  U.S.  are  at 

present  preparing  a  scheme  for  two  specific  fisheries  in  the  New  England 

region  (groundfish  and  scallops). 

On  1 January  1994,  Australia  officially 

implemented 

its  first  Vessel 

Monitoring  System  in  a  deep  sea  Orange  Roughy  trawl  fishery  with 

approximately  30  vessels.  Further  developments  include  extending  the 

coverage  of  the  system  to  Tuna  longliners  and  Northern  Prawn  fishery 

trawlers  for  both  position  and  catch  reporting. 

Since  1 April  1994, New  Zealand  requires  certain  categories  of  vessels  to 

carry  and  operate  vessel  monitoring  equipment.  At  present  around  200 

vessels  are  equipped. 

Several  other  countries  worldwide  have  been  conducting  trials  or  are 

considering  doing so: Argentina, Canada, Chile, French overseas  territories 

(French  Polynesia  and  New  Caledonia),  Indonesia,  Iran,  Japan,  Morocco, 

Norway,  Peru,  Russia  and  Taiwan. 

Both the United Nations  agreement for  the implementation  of the  provisions 

of  the  UN Convention  on the Law  of  the Sea of  10 December  1982, relating 

yfz 

to  the  conservation  and  management  of  straddling fish  stocks  and  highly 

migratory fish  stocks  and  the  Code  of  Conduct for  Responsible  Fisheries 

make  explicit  reference  to the use  of vessel  monitoring  systems  (VMS). 

The Bering Sea Convention foresees that each contracting party shall require 

its fishing vessels that fish for pollack in the convention area to use real-time 

satellite position-fixing  transmitters while in the Bering  Sea. Other  regional 

organisations  such  as  CCAMLR  (Antarctic),  ICCAT  (Atlantic  tuna),  FFA 

(South  Pacific)  and NAFO (Northwest  Atlantic) have also taken  interest  in 

the subject. NAFO Contracting Parties will carry out pilot projects  involving 

35%  of  the  fishing  fleet  operating  in  the  NAFO  Regulatory  Area  during 

1996/1997. 

On  21-22 November  1995,  the  Commission  organised  an  International 

Symposium  on  Fisheries  Enforcement  in  Madrid,  Spain.  The  aim  of  the 

symposium  was  to  consider  the  use  of  satellite-based  technology  for 

monitoring,  control  and  surveillance.  Thirteen  Member  States,  four  third 

countries,  the  FAO  and  a  score  of  companies  have  participated.  The 

symposium resulted in a useful  exchange of information  among participants. 

Experience  outside  the European  Union  has  clearly  indicated  that  although 

satellite  monitoring  has not  replaced  conventional  enforcement  methods,  it 

has  made  them  more  efficient  and  effective.  In  particular,  it  has  allowed 

enforcement  agencies  to  identify  problems  on  a priority  basis. 

Other  than  the  use  of  satellite  technology  for  enforcement  purposes  there 

have been many satellite technology innovations that have helped  fishermen 

to  operate  more  efficiently.  These  applications  have  included  the  Global 

s* 

Positioning  System  (GPS)  satellites  that  have  allowed  fishing  vessels  to 

immediately determine their position, course and speed. Other developments 

include  satellite  application  of  remote  sensing  to  fisheries  which  has 

facilitated  the  precise  location  of  highly  productive  biological  zones  of 

certain  stocks.  Furthermore,  telecommunication  satellites  have  improved 

inter-vessel  communications  for  some  fishing  fleets  and  this  saves  search 

times  in  locating  the  optimal  fishing  sites  as  well  as  providing  additional 

security  in  the  event  of  emergency. 

H. 

THE PILOT PROJECTS 

Member  States  have  carried  out  extensive  trials  with  Vessel  Monitoring 

Systems  in the  course  of their respective  projects.  Globally,  more than  300 

Community  fishing  vessels have been equipped  with  a blue box (30  Argos, 

60  Euteltracs and  175 Inmarsat, in addition to Portugal where MONICAP is 

operational  with  over  one  hundred  vessels).  In  1995, Finland  and  Sweden 

set up a joint pilot project with Denmark.  Sweden because of the short time 

frame  of  their  project  did  not  however  succeed  in  finding  voluntary 

participant  vessels. 

All Member States have tested GPS-INMARSAT. Only some Member States 

tested ARGOS  and/or EUTELTRACS. In a complementary  project,  Greece 

has  also tried  out VHF/DSC data communication,  the use of which  is  more 

limited to territorial waters. The United Kingdom has conducted  trials with 

Automatic  Position  Recorders  (APR), which  store  data  onboard  the  fishing 

vessel  without  transmitting  the  information  in  real-time. 

M 

The Annex recapitulates the main facts  about each project. 

J6 

1.  Evaluation of  the Pilot Projects 

This  section  summarises the principle  findings  of the Member  State reports 

and  the  reflections  of  the  Expert  Group  Fisheries  Control  which  was 

convened  regularly  throughout  the  duration  of the pilot  projects. 

The  pilot  projects  proved  the  reliability  of  real-time  satellite  position 

monitoring equipment on board fishing vessels and established that this type 

of  technology  will  greatly  enhance  the  efficiency  and  effectiveness  of  the 

existing  aerial,  surface  and  land  based  resources. 

Although  the  pilot  projects  in  the  Member  States  revealed  a  number  of 

technical problems, they also clearly demonstrate that these could be resolved 

by a joint  approach between the project  managers and the system providers. 

It was particularly evident that satellite-based vessel monitoring  technology 

has evolved  considerably  during the period  of the project.  This trend  is set 

to continue.  The further  development of ready-to-use products as well as the 

improvement  in satellite services will greatly assist the realisation of the  full 

potential  of  a future  operational  system. 

The pilot project  demonstrated  that the quality, robustness and reliability  of 

vessel  equipment  had  improved  significantly  during  the  trial  period. 

Ongoing technological  progress will continue to offer  new functionalities  at 

a lower cost.  Prices of mobile equipment  are expected to drop  significantly 

with the advent of low earth orbit satellite systems, and the liberalisation  and 

privatisation  policies  should  diminish  telecommunication  costs.  Computer 

hard-  and  software  is  getting  cheaper  in  general.  The  principle  problem 

encountered  was  the  loss  of  data  through  system  failures.  This  problem 

^ 

occurs however only occasionaly and can be resolved by appropriate back-up 

and  recovery  procedures. 

All  Member  States  reported  that  the  Global  Positioning  System  (GPS), 

integrated  in  the  ARGOS  transponders  and  used  in  combination  with 

INMARSAT  C, 

is  sufficiently  precise  for  fishery  enforcement  purposes. 

The positioning  function  of Euteltracs  is evaluated  positively  as  well. 

2.  The Issue  of  Data Exchange 

A  significant  number  of  data  exchange trials  between  Member  States  have 

been undertaken during the operational phase of the pilot projects.  The trials 

identified  the  complexity  and  difficulties  of  exchanging  position  data. 

However,  they  also  provided  valuable  information  on  how  data  exchange 

may  be  improved  and  how  a unique  solution  or  other  alternatives  may  be 

achieved  in  an  operational  system. 

The  data  exchange  format  proposed  by  Denmark  and  X.25  data  exchange 

protocol  have  been  accepted  as  standards  for  the  purpose  of  the  pilot 

projects.  The  X.25  services  available  are  however  not  the  same  in  each 

Member  State.  A  number  of  Member  States  failed  to  exchange  position 

reports  on  a  regular  basis.  In  this  regard,  the  technical  effort  required  to 

establish  and  operate reliable and effective  data communication  procedures 

during the period of the pilot project has apparently been underestimated  by 

the Member  States.  From the Commission  point of view this was the  least 

successful  aspect  of the pilot  project. 

S* 

Direct transmission from the fishing vessel to the coastal state has only been 

tested by two Member States.  It can nevertheless be considered to be a valid 

alternative  for  communication  by  the  Flag  State to the  Coastal  State. 

Member  States  recognize  the  need  to  standardise  the  data  exchange 

procedures  and  reflect  further  on the  architecture  of the  future  Community 

system for satellite monitoring.  In that context the issues of inter-operability 

of  different  mobile  satellite  communication  and  tracking  technologies  with 

terrestrial  networks  will  have  to  be  addressed  in  a comprehensive  manner. 

It  should  be  noted  that  the  issue  of  data  communication  between  Member 

States  is a general  issue that  is not limited to satellite tracking  applications. 

3.  Legal  and Evidential  Issues 

In their  reports Member  State did not undertake  an elaborate  assessment  of 

the legal and evidential issues pertaining to the data acquired from  a satellite 

based vessel monitoring system.  The Commission is nevertheless aware that 

the  vessels  participated  in  the  pilot  projects  on  a  voluntary  basis  and  that 

many  issues  such  as tampering  or misuse  of the  devices  for  the  purpose  of 

cloning  (the unauthorised  use of a legitimate unit to mislead  the  authorities 

as  to  the  correct  location  of  vessels)  or  of  ghosting  (the  unauthorised 

disabling of a  unit)  will not be fully  apparent until the system is mandatory 

for  certain  categories  of vessels.  It  is therefore  essential  that the  full  onus 

of  responsibility  for  the  installation,  operation  and  maintenance  of  the 

operational equipment is placed on the vessel and that it will be illegal to be 

at  sea without  an operational  unit  on board.  It  is also  imperative  that  there 

will be a full  range of appropriate sanctions, as well as incentives, to ensure 

A 

that  vessels  comply  with  the  regulatory  requirements. 

In  general,  Member  States  have  widely  diverging  rules  of  evidence.  The 

admissibility  and  evidential  value  of the  data provided  by  a  satellite-based 

vessel monitoring system could to some extent differ  in each Member State, 

such  as  is  the  case  with  other  information,  e.g.  photographs  taken  during 

aerial  surveillance  flights.  In  order  for  VMS  to  operate  effectively,  co 

operation between the competent authorities of the Flag State and the Coastal 

state  is required.  This  may  imply  that  certain  Member  States  will  have  to 

introduce  rules under their national  law in order to enable the evaluation  of 

evidence  obtained  by  satellite-based  VMS. 

m.  THE  APPROPRIATENESS  OF  A  SATELLITE-BASED  VMS FOR 

FISHERY  ENFORCEMENT AND  MANAGEMENT 

The  trials  demonstrated  that  a  fully  operational  system  will  have  many 

benefits  for  fisheries  enforcement.  As noted  in the Commission  Report  on 
Monitoring  the  Common  Fisheries  Policy  (l)  there  are  at  present  many 

serious  shortcomings  in  the  effectiveness  and  efficiency  of  enforcement  . 

Satellite monitoring of fishing vessels will improve the control of many areas 

in  the  current  fisheries  regime. 

In  particular  it will  : 

- 

improve  effort  management  by  providing  high-quality  effort 

(')  COM  (96)  100 final 

reports; 

- 

- 

improve  the  monitoring  of closed  boxes  or  sensitive  areas; 

allow  a  more  cost  effective  deployment  of  patrol  vessels  and 

surveillance  aircraft  as  well  as  a  more  efficient  use  of  boarding 

parties  at  sea; 

- 

allow  the  verification  of  logbook  data  and  in  some  instances  the 

validation  of  catch  area reports; 

- 

- 

assist  in  the  detection  of illegal  or unauthorised  landings; 

allow  the  monitoring  of  the  advance  notification  of  landing 

requirement. 

The  diverse  nature  of  EU  fisheries  requires  a  complex  management  and 

control  structure.  However,  in  the  long  term  a  satellite  based  vessel 

monitoring  system  may  allow  simplification  of  the  regulatory  framework. 

In particular,  it may provide  an  incentive  for  fishermen  to  comply  with  the 

regulations  which  in  turn  may  result  in  a reduction  of  some  of the  current 

obligations  such  as  hail  requirements. 

Satellite-based  systems will assist the monitoring of fishing  effort  and  will, 

if  combined  with  other  enforcement  tools,  improve  the  recording  of  quota 

uptake  by  vessels. 

From the Community perspective, a satellite based vessel monitoring  system 

will  improve the uniform  application  of the regulatory  framework,  enhance 

cooperation  between  enforcement  agencies  and  ensure  greater  transparency 

of the  fishery  control  and  enforcement  effort  in the  Member  States. 

U 

The  pilot  projects  in  the  Member  States  revealed  that  there  are  also  many 

advantages  for the fishing  industry.  These include, cheaper  communication 

costs,  improved  safety  features  in  the  event  of  an  emergency,  confidential 

messaging  services  for  catch  and market  information,  and  improved  access 

to weather, port, and other information.  Furthermore,  recent experience  in 

the Member  States indicates that  fishermen  are already investing in  satellite 

telecommunications  equipment  and  services. 

The encouraging results of the pilot projects conducted by the Member States 

and developments in international fisheries indicate that it is now appropriate 

to  prepare  for  an  operational  scheme  applicable  to  Community  fishing 

vessels. 

The  cost  of  satellite-based  VMS  will  depend  mainly  on  the  number  of 

vessels  included  in  the  system. 

It  can  further  be  assumed  that  Member 

States will prefer  maximum  flexibility  to develop a national  system  tailored 

specifically  to  their  needs  and  to  integrate  the  system  with  existing 

monitoring  facilities  and  operations. 

The hard- and software  purchased  for the purpose  of the pilot projects  may 

be  reused  whenever  possible. 

Based on an earlier study, the cost of satellite monitoring, including a control 

center  in  each Member  State  for  monitoring  a fleet  of  10.000  vessels,  over 

five years, is likely to be of the order of 80 to  100 Mecu.  The  predominant 

part  will  be  the  mobile  equipment  on  board  of  each  vessel.  Expenditure 

would  normally  be  eligible  under  Council  Decision  95/527/EC  on  a 

Community  financial  contribution  towards  certain  expenditure  incurred  by 

Az-

the  Member  States  implementing  the  monitoring  and  control  systems 
applicable to the Common Fisheries Policy(1). 

(*) 

O.J. No  L 301,  14.12.1995, p.  30 
Rectified  O.J. No  L  302,  15.12.1995, p. 45 

lJ> 

SYNOPTIC TABLE (situation  on  01.05.96) 

ANNEX 

Member 
State 

Community 
financial 
contribution 
(MECU) 

Number of 
vessels 

Minimum 

Actual 

Belgium 

0,3 

10 

21 

Denmark 

0,9 

10 

10 

Control  Centre 

Satellite  System 

Operational 
starting  date 
(deadline: 
01.10.94) 

Receipt 
final  report 
(deadline: 
29.02.96) 

Remarks 

Dienst  voor  Zee-
visserij,  Oostende 

Fiskeridirektoratet, 
Copenhagen 

INMARSAT 

March  '95 

-

-  Cost of connectivity  software  shared with 

INMARSAT 

April '95 

26.03.96 

Netherlands 

-  Loss  of INMARSAT data reports 

-  Difficulties  in  finding  voluntary  participants 
-  Developed  data  exchange  format  for  position 

reporting 

Germany 

Greece 

Spain 

0,4 

0,8 

3,0 

15 

22 

10 

20 

Bundesanstalt  LE, 
Hamburg 

Hellenic  Coast 
Guard,  Piraeus 

124 

124 

IGPM, Madrid 

France 

0,9 

67 

45 

CROSSA, Etel 

INMARSAT 

October '94 

04.03.96 

-  Telecom  does  not  support X.25  fast  select mode 

INMARSAT 

October  '94 

13.03.96 

for  international  communications 

-  Tested  VHF/DSC  in  a complementary  projet 
-  LES does not  support  individual polling  function 

March  ;94 

14.03.96 

-  Developed  an  extension  of the Danish  data 

EUTELTRACS 
INMARSAT 

ARGOS 
EUTELTRACS 
INMARSAT 

May '95 

19.03.96 

exchange  format  for  event reporting 

-  Continues  to  use the  system  for effort  reporting 

-  Eutelsat developed  technical  solution  for the 
integration  of the  data  flows  from  the three 
satellite  systems 

-  Continues to use the  system  for  effort  reporting 

-  Encryption  of position  reports 
-  In favour  of  direct transmission  to coastal state 
-  Suggests use of central  data routing  facility 

-  Not yet  operational 

Ireland 

0,7 

10 

10 

Naval  Base, Cork 

EUTELTRACS 
INMARSAT 

October '94 

Italy 

0,5 

17 

(20) 

Coast  Guard, 
Rome 

INMARSAT 

-

-

-

Member 
State 

Community 
financial 
contribution 
(MECU) 

Number of 
vessels 

Minimum 

Actual 

Control  Centre 

Satellite  System 

Operational 
starting  date 
(deadline: 
01.10.94) 

Receipt 
final  report 
(deadline: 
29.02.96) 

Remarks 

Netherlands 

0,5 

14 

41 

AID, Kerkrade 

ARGOS 
EUTELTRACS 
INMARSAT 

Portugal 

47 

104 

IGP,  Lisbon 

INMARSAT 

October '94 

20.03.96 

-  Cost  of connectivity  software  shared with 

Belgium 

-  Loss of INMARSAT data  reports 
-  Previous  experience  with project  "Verre 

Visserijen" 

-  PTT Telecom  does not support X.25  fast  select 

mode 

-  Portugal did not carry out a specific  pilot 
project,  since  it had prior  experience  with 
MONICAP 

-  Satellite-monitoring  is an  established  means of 

control under national  law 

^ 
A 

Finland 

Sweden 

United 
Kingdom 

0,2 

0,2 

-

5 

3 

Department 
of 
Fisheries, Helsinki 

F i s k e r i v e r k e t, 
Gôteborg 

INMARSAT 

INMARSAT 

After 
accession 

After 
accession 

05.03.96 

-  Joint project  with  Denmark  and  Sweden 

07.03.96 

-  Joint project  with  Denmark  and  Finland 
-  No voluntary  particioants 
. -  Equipped  two Coast  Guard  vessels  and  one 

research  vessel 

0,9 

19 

29 

MAFF,  London 
DAFS,  Edinburgh 

ARGOS 
EUTELTRACS 
INMARSAT 

September 
•94 

22.03.96 
(draft 
provisional) 

-  Full integration  of satellite  systems through 
customised  monitoring  system  (CTMS) 
-  No participation  of Fisheries  Organisations 
-  18 vessels  equipped  with  Automatic  Position 

Recorders 

ISSN 0254-1475 

COM(96) 232 final 

DOCUMENTS 

EN 

03  n 

Catalogue number  :  CB-CO-96-242-EN-C 

ISBN 92-78-04484-9 

Office  for Official  Publications  of the European Communities 

L-2985  Luxembourg 

Z6