CELEX: 51996PC0232
Language: en
Date: 1996-05-28
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy

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51996PC0232

Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy  /* COM/96/0232 FINAL - CNS 96/0140 */  

Official Journal C 209 , 20/07/1996 P. 0007

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.