TITLE IIGENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

CHAPTER IV Vessel monitoring system

Article 18Requirement of satellite-tracking devices on EU fishing vessels

1.

Without prejudice to Article 25(3) of this Regulation an EU fishing vessel subject to VMS shall not be allowed to leave a port without a fully operational satellite-tracking device installed on board.

2.

When an EU fishing vessel is in port, the satellite-tracking device may only be switched off if:

(a)

prior notification has been given to the fisheries monitoring centre (FMC) of the flag Member State and the FMC of the coastal Member State; and

(b)

providing that the next report shows that the EU fishing vessel has not changed its position in relation to the previous report.

The competent authorities of the flag Member State may allow to replace the prior notification referred to in (a) with an automatic VMS message or alarm generated by the system, indicating that the EU fishing vessel is within a pre-defined geographical area of a port.

3.

This Chapter shall not apply to EU fishing vessels used exclusively for the exploitation of aquaculture.