Commission Regulation (EC) No 1461/2003 of 18 August 2003 laying down conditions for pilot projects for the electronic transmission of information on fishing activities and for remote sensing
Date: 2003-08-18
Institutions: European Commission
Subjects: data transmission, fishing industry, remote sensing

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1461/2003

of 18 August 2003

laying down conditions for pilot projects for the electronic transmission of information on fishing
activities and for remote sensing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(6)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee of Fisheries and Aquaculture,

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploita-
tion of
the Common Fisheries
Policy (1), and in particular Article 22(3) and Article 23(5)
thereof,

resources under

fisheries

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 2371/2002 requires the Council to
decide in 2004 on the obligations to transmit electroni-
cally the information on fishing activities in order to
improve the efficiency on management of fishing oppor-
tunities and to set up a means of remote sensing in
order to detect fishing vessels at sea.

Pilot projects relating respectively to the electronic trans-
mission of information on fishing activities and to the
remote sensing, can be carried out, in cooperation with
the Commission, in order to assess the technology to be
used, before 1 June 2004.

the

It is therefore necessary, in order to ensure that Member
States carry out these pilot projects, to lay down the
conditions of application. In particular those conditions
should cover, as regards the electronic transmission of
information,
recorded and
reported by electronic means, and the functions of the
systems on board the fishing vessels which record and
transmit electronically the information concerned. As
regards remote sensing, the conditions should also cover
the functions of this system and the areas to be moni-
tored during the pilot projects.

information to be

The Commission needs to be informed by the Member
States of
the pilot
the progress and the results of
projects, in particular in order to assess the cost-effec-
tiveness of the technologies to be used for improving
the effectiveness of fisheries control.

A financial contribution by the Community may be
granted in respect of the pilot projects carried out by the
Member States, under the conditions set out in Council
Decision 2001/431/EC of 28 May 2001 on a financial
contribution by the Community to certain expenditure
incurred by the Member States in implementing the
control,
inspection and surveillance systems applicable
to the common fisheries policy (2).

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 154, 9.6.2001, p. 22.

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down certain conditions for the carrying-
out by Member States of the pilot projects provided for in
Article 22(1)(c) and Article 23(3) of Regulation (EC) No 2371/
2002 relating to the electronic transmission of information on
fishing activities and to remote sensing.

Article 2

Time limits

1.
The pilot projects shall be operational from 1 December
2003 at the latest and shall remain operational until at least 31
May 2004.

Projects relating to the electronic transmission of informa-
2.
tion on fishing activities and to remote sensing carried out by
Member States prior to the date of entry into force of this
Regulation are considered as pilot projects for the purposes of
the present Regulation.

CHAPTER II

ELECTRONIC TRANSMISSION OF INFORMATION ON FISHING
ACTIVITIES

Article 3

Selection of fishing vessels

Member States carrying out pilot projects on the electronic
transmission of information on fishing activities, shall select an
appropriate number of vessels, preferably of different lengths.

Article 4

Reports to competent authority

Without prejudice of the obligations laid down in Community
law, the master of Community fishing vessels participating in
the pilot project shall record daily and report by electronic
means to the competent authority of the flag Member State
information on the trips and the fishing activities, indicating in
particular:

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(a) the quantities of each species caught and kept on board,

where they exceed 50 kg of live-weight equivalent;

(b) the date and location of such catches;

(c) the type of gear used; and

(d) for the fishing vessels exceeding 18 metres in length overall
and carrying out
fishing activities in any areas where
specific rules on access to waters and resources apply, the
date and time of setting or re-setting of a static gear as well
as the date and time of the completion of fishing operations
using the static gear.

Article 5

Vessel equipment

Member States shall take the necessary steps to ensure that the
vessels flying their flag and participating in the pilot project are
equipped with systems capable of recording and transmitting
electronically the information on their fishing activities during
the pilot projects.

Article 6

Transmission of information

No later than one month before the projects become

1.
operational, Member States shall forward to the Commission:

(a) the complete reference of the competent authority desig-

nated to follow up the pilot projects;

(b) the list of participating vessels, containing for each vessel at

least its internal fleet register number and its name;

(c) an outline of the technical characteristics of the onboard

equipment; and

(d) a description on how data are collected and processed by

the competent authority.

2.
Once the projects are operational, Member States shall
inform the Commission of any changes in the list of partici-
pating vessels.

The Commission shall communicate to Member States

3.
the data it has received under paragraphs (1) and (2).

Article 7

2. Whatever the system used, the authorities shall record the
information in computer-readable form. Member States shall
make sure that the data are kept on record until 31 December
2004.

CHAPTER III

REMOTE SENSING

Article 8

Vessel detection systems

1. Member States establishing and testing vessel detection
systems based on remote sensing technology (VDS) shall use
remotely sensed images to detect fishing vessels at sea in the
waters under their sovereignty or jurisdiction, as well as in
other areas in which fishing vessels flying their flag may
operate.

2.

The pilot projects shall assess the capability of VDS for:

(a) using space-borne and airborne remotely sensed images to
determine the number of fishing vessels and their position
in a given area;

(b) cross-checking the positions of the fishing vessels detected
by VDS with position reports from vessel monitoring
systems (VMS), and

(c) signalling the possible presence of

fishing vessels from
which no position reports have been received through
VMS.

Article 9

Maritime areas to be monitored

1. Member States shall decide upon the maritime area or
areas to be monitored during the pilot projects.

2.
No later than one month before the projects become
operational, Member States shall communicate to the Commis-
sion details of the project, in particular the competent authority
designated to follow up the pilot projects,
the number of
images and the areas of which these images will be taken.
Member States shall justify their choice of the areas.

CHAPTER IV

FINAL PROVISIONS

Article 10

Processing of data on fishing activities

Cooperation between Member States.

1. Member States shall take the necessary steps to ensure
that the information transmitted electronically by the vessels
flying their flag and participating in the project is processed by
the competent authorities.

1. Member States may operate joint pilot projects.

The Commission shall monitor the progress of the pilot
2.
projects and facilitate the cooperation between Member States.

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Article 11

Reports to the Commission

1.
By 30 April 2004, each Member State shall submit to the
Commission an assessment report on the pilot projects it has
carried out, containing in particular a technical description of
the systems implemented for the purpose of the pilot projects
and how they inter-connect with existing systems for moni-
toring, control and surveillance.

By 31 July 2004, each Member State shall submit its final
2.
report, containing in particular details as to the cost-effective-
ness and functioning of the systems, as well as their remarks
on the use of the technologies involved.

Article 12

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.

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

Done at Brussels, 18 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission