CELEX: 52004PC0724
Language: en
Date: 2004-10-28
Title: Proposal for a Council Regulation on electronic recording and reporting of fishing activities and on means of remote sensing . (presented by the Commission)

COMMISSION OF THE EUROPEAN 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)
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 ---pagebreak---                                  EXPLANATORY MEMORANDUM
   The European Community is at the forefront in introducing modern technologies in order to
   improve management and monitoring of fisheries activities. Since 1992 it promoted the
   introduction of the satellite-based vessel monitoring system (VMS) as a tool to efficiently
   control its fishing fleet, irrespective 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 certain categories of vessels. As of 1 January
   2005, save few exceptions, all Community vessels 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 modern technologies is now proposed. The rational
   exploitation of fisheries resources, 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 essential 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 transhipped, 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 information 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 reporting system which will replace the current manual and
   cumbersome process. It will be designed to alleviate 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 reporting of information relating to fisheries
   activities have been carried out in recent years. Some have already been conducted with
   conclusive results, others are still ongoing. There is no doubt about the feasibility of the
   electronic recording of fishing activities. Specific software is already available on the market.
   What is necessary now is a legislative text laying down the minimal requirements.
   The setting of technical specifications, which are required in order to satisfy Community and
   third countries legislation, is the aim of an international project on secured and harmonised
   electronic logbook. This project is currently being carried out and specifications will be made
   available in 2005. A Commission Regulation will amend the current legislation on logbook
   and other recording requirements accordingly.
   With a view to facilitating the introduction of this technology, the Community may grant
   financial assistance to fishermen as well as to national authorities under the framework of
   Decision 2004/465/EC1, 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).
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 ---pagebreak---    Furthermore, the Commission proposes to take advantage of the Vessel Monitoring System
   (VMS) in order to track fishing vessels operating in a given fishing zone which may be in
   breach of national or Community legislation. 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-check 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 investigate as regards those vessels which do not transmit position
   reports.
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 ---pagebreak---                                                          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 establishing the European Community, 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° 2371/20022 establishes a framework designed to ensure
          the conservation and the sustainable exploitation of fisheries 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 monitor fisheries activities through the most
          appropriate means. Control on quantities caught is mainly carried out by collecting
          information on catches, landings, transhipments, transports and sales, while control on
          fishing effort is mainly carried out by collecting information on the characteristics of
          the vessel, time spent on fishing and gears used. Furthermore, remote control
          technologies enable fisheries control authorities to monitor the presence of vessels in a
          given area. The combination of all these 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 obligation to electronically record and transmit
          relevant information relating to fishing activities, including landing or transhipments
          of catches and sales note, and on the obligation to set up a means of remote sensing.
   2
          OJ L 358, 31.12.2002, p. 59.
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 ---pagebreak---    (5)  Pilot projects on electronic recording and reporting as well as on remote sensing have
        been carried out during recent years by Member States and other countries. They have
        proved to be valid and cost-effective.
   (6)  Conditions under which electronic recording and reporting as well means of remote
        sensing to be used for control purpose 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 implementing powers conferred on the Commission3,
   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, which 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 Community fishing vessel as well as the first
          sales note related to these catches shall be electronically recorded.
   3.     Member States shall set up the administrative and technical structures enabling them
          to receive, treat, cross-check and transmit, 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 exemptions 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 operator compared with the
          economic importance of his activity.
                                               Article 2
                                           Remote sensing
   1.     Member States shall ensure that their Fishery Monitoring centres possess the
          technical structure allowing them to match, 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.
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 ---pagebreak---    2.      Detailed rules for the implementation of paragraph 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
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