TITLE II

GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES
CHAPTER IV

Vessel monitoring system

Requirement of satellite-tracking devices on ... fishing vessels
Article 18
1
Without prejudice to Article 25(3) of this Regulation a United Kingdom 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 a United Kingdom 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 a fisheries administration; and
b
providing that the next report shows that the United Kingdom fishing vessel has not changed its position in relation to the previous report.
The competent authorities of a fisheries administration 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 ... fishing vessel is within a pre-defined geographical area of a port.
3
This Chapter shall not apply to ... fishing vessels used exclusively for the exploitation of aquaculture.

Characteristics of satellite-tracking devices
Article 19
1
The satellite-tracking device installed on board United Kingdom fishing vessels shall ensure the automatic transmission to the FMC of a fisheries administration, at regular intervals, of data relating to:
a
the fishing vessel identification;
b
the most recent geographical position of the fishing vessel, with a position error which shall be less than 500 metres, with a confidence interval of 99 %;
c
the date and time (expressed in Coordinated Universal Time (UTC)) of the fixing of the said position of the fishing vessel; and
d
the instant speed and course of the fishing vessel.
2
A fisheries administration must ensure that satellite-tracking devices are protected against input or output of false positions and cannot be manually over-ridden.

Responsibilities of the masters concerning the satellite-tracking devices
Article 20
1
The masters of a United Kingdom fishing vessel shall ensure that the satellite-tracking devices are fully operational at all times and that the data referred to in Article 19(1) of this Regulation are transmitted.
2
Without prejudice to Article 26(1) of this Regulation, the master of a United Kingdom fishing vessel shall ensure in particular that:
a
the data are not altered in any way;
b
the antenna or the antennas connected to the satellite tracking devices are not obstructed, disconnected or blocked in any way;
c
the power supply of the satellite-tracking devices is not interrupted in any way; and
d
the satellite-tracking device is not removed from the fishing vessel.
3
It shall be prohibited to destroy, damage, render inoperative or otherwise interfere with the satellite-tracking device unless the competent authorities of a fisheries administration have authorised its repair or replacement.

Control measures to be adopted by a fisheries administration
Article 21
A fisheries administration must ensure the continuous and systematic monitoring and control of the accuracy of the data referred to in Article 19 of this Regulation, and shall act promptly whenever data are found to be inaccurate or incomplete.

Frequency of data transmission
Article 22
1
A fisheries administration must ensure that its FMC receives, at least once every 2 hours, through the VMS the information referred to in Article 19 of this Regulation concerning fishing vessels in its fleet. The FMC may require the information at shorter time intervals.
2
The FMC shall have the capacity of polling the actual position of each of its fishing vessels in its fleet.

Monitoring of entry into and exit from specific areas
Article 23
A fisheries administration must ensure that through VMS data its FMC monitors, as regards fishing vessels in its fleet, date and time of entry into and exit from:
1. any maritime area where specific rules on access to waters and resources apply;
2. fishing restricted areas referred to in Article 50 of the Control Regulation;
3. regulatory areas of the Regional Fisheries Management Organisations to which the United Kingdom is a party;
4. waters under the sovereignty and jurisdiction of a third country.

Transmission of data to the coastal Member State
Article 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical failure or non-functioning of the satellite-tracking device
Article 25
1
In the event of a technical failure or non-functioning of the satellite-tracking device fitted on board a United Kingdom fishing vessel, the master or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with paragraph 4 or Article 26(1) of this Regulation, communicate every 4 hours, to the FMC of a fisheries administration the up-to-date geographical coordinates of the fishing vessel by appropriate telecommunication means. ...
2
The FMC of a fisheries administration must enter the geographical positions referred to in paragraph 1 into the VMS database without delay on their receipt. The manual VMS data shall be clearly distinguishable in a database from automatic messages. ...
3
Following a technical failure or non-functioning of the satellite-tracking device, a United Kingdom fishing vessel may only leave port once the satellite-tracking device fitted on board is fully functioning to the satisfaction of the competent authorities of a fisheries administration. By derogation the FMC of a fisheries administration may authorise fishing vessels in its fleet to leave the port with a non-functioning satellite-tracking device for its repair or replacement.
4
The competent authorities of a fisheries administration must seek to inform the master of or the person responsible for the vessel or their representative when the satellite-tracking device fitted on board a United Kingdom fishing vessel appears to be defective or not fully functioning.
5
The removal of the satellite-tracking device for repair or replacement shall be subject to the approval of the competent authorities of a fisheries administration.

Non-receipt of data
Article 26
1
When the FMC of a fisheries administration has not received data transmissions in accordance with Article 22 or Article 25(1) of this Regulation for 12 consecutive hours it shall notify the master or the operator of the United Kingdom fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular fishing vessel, that situation occurs more than three times within a period of a calendar year, the fisheries administration must ensure that the satellite-tracking device of the fishing vessel is thoroughly checked. The fisheries administration must investigate the matter in order to establish whether the equipment has been tampered with. By way of derogation from Article 20(2)(d) of this Regulation, that investigation may entail the removal of such equipment for examination.
2
When the FMC of a fisheries administration has not received data transmissions for 12 hours in accordance with Article 22 or Article 25(1) of this Regulation and the last received position was from within the waters of a third country it shall notify the competent authority of that country thereof as soon as possible.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring and recording of the fishing activities
Article 27
1
A fisheries administration shall use relevant data received from other authorities for the effective monitoring of the activities of fishing vessels.
2
A fisheries administration must:
a
ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;
b
take all necessary measures to ensure that they are only used for official purposes; and
c
take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

Access to data by the Commission
Article 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
Word in Art. 18 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(15)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(15)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(15)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 18(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(15)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(15)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 18(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(15)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(15)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 19(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 19(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(16)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 19(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(16)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 20(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(17)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 20(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(17)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 20(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(17)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 21 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(18)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 21 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(18)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 22 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(19)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 22 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(19)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 23 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(20)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 23 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(20)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 23(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(20)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 24 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(21); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 25(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(22)(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 26(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(23)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 26(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(23)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 26(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(23)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 26(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(23)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 26(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(23)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 26(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(23)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 26(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(23)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 26(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(23)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Art. 27(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(24)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(24)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 28 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(25); 2020 c. 1, Sch. 5 para. 1(1)