TITLE II GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

CHAPTER I Fishing licenses

Article 3 Issue and management of fishing licences
1. A fishing licence referred to in Article 6 of the Control Regulation shall be valid for one ... fishing vessel only.
Word in Art. 3(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(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
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.
2. Fishing licences referred to in Article 6 of the Control Regulation shall be issued, managed and withdrawn by a fisheries administration for United Kingdom fishing vessels in accordance with this Regulation.
Words in Art. 3(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. Fishing licences referred to in Article 6 of the Control Regulation shall contain as a minimum the information set out in Annex II.
4. Fishing licences issued in accordance with Regulation (EC) No 1281/2005 shall be considered as fishing licences issued in accordance with this Regulation if they contain the minimum information required by paragraph 3 of this Article.
5. A fishing licence shall only be valid if the conditions on the basis of which it has been issued are still met.
6. If a fishing licence has been temporarily suspended or permanently withdrawn, the authorities of a fisheries administration must immediately inform the holder of the fishing licence.
Words in Art. 3(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 3(7) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II Fishing authorisations

Article 4 Fishing authorisations
1. A fishing authorisation referred to in Article 7 of the Control Regulation shall be valid for one ... fishing vessel only.
Word in Art. 4(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(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. Fishing authorisations referred to in Article 7 of the Control Regulation shall contain as a minimum the information set out in Annex III. A fisheries administration must ensure that the information contained in the fishing authorisation is accurate and consistent with Fisheries Rules.
Words in Art. 4(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
3. Special fishing permits issued in accordance with Council Regulation (EC) No 1627/94 shall be considered as fishing authorisations issued in accordance with this Regulation if they contain the minimum information required by paragraph 2 of this Article.
OJ L 171, 6.7.1994, p. 7.
4. A fishing authorisation as referred to in paragraph 2 and a fishing licence as referred to in Article 3(2) of this Regulation may be contained in the same document.
5. Without prejudice to special rules United Kingdom fishing vessels of less than 10 metres’ length overall which fish exclusively in United Kingdom waters shall be excluded from the obligation to a have a fishing authorisation.
Words in Art. 4(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(5)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
6. Paragraph 2 and paragraph 5 of Article 3 of this Regulation shall apply correspondingly.

Article 5 List of fishing authorisations
1. Without prejudice to special rules, ... a fisheries administration must make available on the secure part of their official websites the list of United Kingdom fishing vessels that have received fishing authorisations referred to in Article 7 of the Control Regulation before these fishing authorisations become valid. They shall update their list in case of any changes to this list before they become effective.
Words in Art. 5(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(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(6)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 5(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(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III Marking and identification of United Kingdom fishing vessels and their gear

Section 1 Marking and identification of fishing vessels

Article 6 Marking of fishing vessels
A United Kingdom fishing vessel shall be marked as follows:
(a) the letter(s) of the port or district in which the United Kingdom fishing vessels is registered and the number(s) under which it is registered shall be painted or displayed on both sides of the bow, as high above the water as possible so as to be clearly visible from the sea and the air, in a colour contrasting with the background on which they are painted;
(b) for United Kingdom fishing vessels over 10 metres length overall and less than 17 metres length overall, the height of the letters and numbers shall be at least 25 centimetres with a line thickness of at least 4 centimetres. For United Kingdom fishing vessels of 17 metres length overall or more, the height of the letters and numbers shall be at least 45 centimetres, with a line thickness of at least 6 centimetres;
(c) a fisheries administration may require the international radio call sign (IRCS) or the external registration letters and numbers to be painted on top of the wheelhouse, so as to be clearly visible from the air, in a colour contrasting with the ground on which it is painted;
Words in Art. 6 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
(d) the contrasting colours shall be white and black;
(e) the external registration letters and numbers painted or displayed on the hull of the United Kingdom fishing vessel shall not be removable, effaced, altered, illegible, covered or concealed.
As from 1 January 2016, the International Maritime Organisation ship identification number scheme, as adopted by Resolution A.1078(28) on 4 December 2013 and as referred to in Chapter XI-1, Regulation 3 of the 1974 SOLAS Convention, shall apply to:
(a) United Kingdom fishing vessels or fishing vessels controlled by United Kingdom operators under a chartering arrangement, of 100 tons of Gross Tonnage or 100 tons of Gross Registered Tonnage and above, or 24 metres length overall and above, operating exclusively inside United Kingdom waters;
(b) all United Kingdom fishing vessels or fishing vessels controlled by United Kingdom operators under a chartering arrangement, of 15 metres length overall and above, operating outside United Kingdom waters;
(c) all third country fishing vessels authorised to carry out fishing activities in United Kingdom waters.
Words in Art. 6 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
Inserted 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.

Article 7 Documents carried on board aUnited Kingdomfishing vessel
1. The master of a United Kingdom fishing vessel of 10 metres length overall or more shall carry on board documents, issued by a competent authority of a fisheries administration, showing at least the following elements of the vessel:
(a) the name if any;
(b) the letters of the port or district in which it is registered, and the number(s) under which it is registered;
(c) the international radio call sign, if any;
(d) the names and addresses of the owner(s) and, where applicable, the charterer(s);
(e) the length overall, propulsion engine power, gross tonnage and, for United Kingdom fishing vessels which entered into service from 1 January 1987 onwards, date of entry into service.
Words in Art. 7(1)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(9)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 7(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 7(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
2. On United Kingdom fishing vessels of 17 metres length overall or more with fish rooms the master shall keep on board accurate drawings with description of its fish rooms, including the indication of all access points and of their storage capacity in cubic metres.
Words in Art. 7(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(9)(c); 2020 c. 1, Sch. 5 para. 1(1)
3. The master of a United Kingdom fishing vessel with chilled or refrigerated seawater tanks shall keep on board an up-to-date document indicating the calibration of the tanks in cubic metres at 10 centimetre intervals.
Words in Art. 7(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(9)(d); 2020 c. 1, Sch. 5 para. 1(1)
4. The documents referred to in paragraphs 2 and 3 shall be certified by the competent authority of a fisheries administration. Any modification of the characteristics contained in the documents referred to in paragraphs 1 to 3, shall be certified by a competent authority of a fisheries administration.
Words in Art. 7(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(9)(e); 2020 c. 1, Sch. 5 para. 1(1)
5. The documents referred to in this Article shall be presented for the purposes of control and inspection at the request of the officials.
Words in Art. 7 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 Marking and identification of fishing gear and crafts

Article 8 Marking of crafts and fish aggregating devices
Any craft carried on board United Kingdom fishing vessels and fish aggregating devices shall be marked with external registration letters and numbers of the United Kingdom fishing vessel(s) which use them.
Words in Art. 8 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(10); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 General rules for passive gear and beam trawls
1. The provisions contained in Articles 9 to 12 of this Regulation shall apply to United Kingdom fishing vessels fishing in all United Kingdom waters and the provisions contained in Articles 13 to 17 of this Regulation to United Kingdom waters outside 12 nautical miles measured from the base lines ....
Words in Art. 9(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(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(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
2. It shall be prohibited in United Kingdom waters as set down in paragraph 1 to carry out fishing activities with passive gear, buoys, and beam trawls, which are not marked and identifiable in accordance with the provisions of Articles 10 to 17 of this Regulation.
Words in Art. 9(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(11)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. It shall be prohibited in United Kingdom waters as set down in paragraph 1 to carry on board:
(a) beams of a beam trawl which do not display the external registration letters and numbers in accordance with Article 10 of this Regulation;
(b) passive gear which is not labelled in accordance with Article 11(2) of this Regulation;
(c) buoys which are not marked in accordance with Article 13(2) of this Regulation.
Words in Art. 9(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(11)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 Rules for beam trawls
The master of a United Kingdom fishing vessel or his representative shall ensure that each assembled beam trawl carried on board or used for fishing clearly displays the external registration letters and numbers of that fishing vessel on the beam of each beam trawl assembly.
Words in Art. 10 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(12); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 Rules for passive gear
1. The master of a United Kingdom fishing vessel or his representative shall ensure that each passive gear carried on board or used for fishing is clearly marked and identifiable in accordance with the provisions of this Article.
Words in Art. 11 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(13); 2020 c. 1, Sch. 5 para. 1(1)
2. Each passive gear used for fishing shall permanently display the external registration letters and numbers displayed on the hull of the fishing vessel to which it belongs:
(a) for nets, on a label attached to the upper first row;
(b) for lines and long lines, on a label at the point of contact with the mooring buoy;
(c) for pots and traps, on a label attached to the ground rope;
(d) for passive gear extending more than 1 nautical mile, on labels attached in accordance with (a), (b) and (c) at regular intervals not exceeding 1 nautical mile so that no part of the passive gear extending more than 1 nautical mile shall be left unmarked.

Article 12 Rules for labels
1. Each label shall be:
(a) made of durable material;
(b) securely fitted to the gear;
(c) at least 65 millimetres broad;
(d) at least 75 millimetres long.
2. The label shall not be removable, effaced, altered, illegible, covered or concealed.

Article 13 Rules for buoys
1. The master of a United Kingdom fishing vessel or his representative shall ensure that two end marker buoys and intermediary marker buoys, rigged in accordance with Annex IV, are fixed to each passive gear used for fishing and are deployed in accordance with the provisions of this Section.
Words in Art. 13 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(14); 2020 c. 1, Sch. 5 para. 1(1)
2. Each end marker buoy and intermediary buoy shall display the external registration letters and numbers displayed on the hull of the United Kingdom fishing vessel to which they belong and which has deployed such buoys as follows:
(a) letters and numbers shall be displayed as high above the water as possible so as to be clearly visible;
(b) in a colour contrasting with the surface on which they are displayed.
3. The letters and numbers displayed on the marker buoy shall not be effaced, altered or allowed to become illegible.

Article 14 Rules for cords
1. The cords linking the buoys to the passive gear shall be of submersible material, or shall be weighted down.
2. The cords linking the end marker buoys to each gear shall be fixed at the ends of that gear.

Article 15 Rules for end marker buoys
1. End marker buoys shall be deployed so that each end of the gear may be determined at any time.
2. The mast of each end marker buoy shall have a height of at least 1 metre above the sea level measured from the top of the float to the lower edge of the bottom most flag.
3. End marker buoys shall be coloured, but may not be red or green.
4. Each end marker buoy shall include:
(a) one or two rectangular flag(s); where two flags are required on the same buoy, the distance between them shall be at least 20 centimetres flags indicating the extremities of the same gear shall be of the same colour and may not be white and shall be of the same size;
(b) one or two light(s), which shall be yellow and give one flash each 5 seconds (F1 Y 5s), and be visible from a minimum distance of 2 nautical miles.
5. Each end marker buoy may include a top sign on the top of the buoy with one or two striped luminous bands which shall be neither red nor green and shall be at least 6 centimetres broad.

Article 16 Rules for fixing of end marker buoys
1. End marker buoys shall be fixed to passive gear in the following way:
(a) the buoy in the western sector (meaning the half compass circle from south through west to and including north) shall be rigged with two flags, two striped luminous bands, two lights and a label in accordance with Article 12 of this Regulation;
(b) the buoy in the eastern sector (meaning the half compass circle from north through east to and including the south) shall be rigged with one flag one striped luminous band, one light and a label in accordance with Article 12 of this Regulation.
2. The label shall contain the information contained in Article 13(2) of this Regulation.

Article 17 Intermediary marker buoys
1. Intermediary marker buoys shall be fixed to passive gear extending more than 5 nautical miles as follows:
(a) intermediary marker buoys shall be deployed at distances of not more than 5 nautical miles so that no part of the gear extending 5 nautical miles or more shall be left unmarked;
(b) intermediary marker buoys shall be fitted with a flashing light which shall be yellow and give one flash every 5 seconds (F1 Y 5s) and be visible from a minimum distance of 2 nautical miles. They shall have the same characteristics as those of the end marker buoy in the eastern sector, except that the flag shall be white.
2. By derogation from paragraph 1, in the Baltic Sea intermediary marker buoys shall be fixed to passive gear extending more than 1 nautical mile. Intermediary marker buoys shall be deployed at distances of not more than 1 nautical mile so that no part of the gear extending 1 nautical mile or more shall be left unmarked.
Intermediary marker buoys shall have the same characteristics as those of the end marker buoy in the eastern sector except for the following:
(a) the flags shall be white;
(b) every fifth intermediary marker buoys shall be fitted with a radar reflector giving an echo of at least 2 nautical miles.
Words in Title 2 Ch. 3 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(7); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV Vessel monitoring system

Article 18 Requirement of satellite-tracking devices on ... fishing vessels
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.
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)
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
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)
(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.
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. 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)
3. This Chapter shall not apply to ... fishing vessels used exclusively for the exploitation of aquaculture.
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)
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)

Article 19 Characteristics of satellite-tracking devices
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.
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)
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.
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)

Article 20 Responsibilities of the masters concerning the satellite-tracking devices
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.
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)
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.
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)
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.
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)

Article 21 Control measures to be adopted by a fisheries administration
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.
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)

Article 22 Frequency of data transmission
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.
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)
2. The FMC shall have the capacity of polling the actual position of each of its fishing vessels in its fleet.

Article 23 Monitoring of entry into and exit from specific areas
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:
(a) any maritime area where specific rules on access to waters and resources apply;
(b) fishing restricted areas referred to in Article 50 of the Control Regulation;
(c) regulatory areas of the Regional Fisheries Management Organisations to which the United Kingdom is a party;
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)
(d) waters under the sovereignty and jurisdiction of a third country.
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)

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

Article 25 Technical failure or non-functioning of the satellite-tracking device
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. ...
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)
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. ...
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)
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.
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)
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.
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)
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.
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)

Article 26 Non-receipt of data
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.
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(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)
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.
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)
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)

Article 27 Monitoring and recording of the fishing activities
1. A fisheries administration shall use relevant data received from other authorities for the effective monitoring of the activities of fishing vessels.
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)
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.
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)

Article 28 Access to data by the Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)