Each Member State shall ensure that, through a vessel monitoring system (VMS) as referred to in Article 9 of Regulation (EC) No 1224/2009, its fisheries monitoring centre (FMC) effectively monitors on a continuous and systematic basis, as regards its fishing vessels and all fishing vessels authorised to conduct fishing activities in the waters under its sovereignty or jurisdiction, the speed, movements, location and the date and time of entry into and exit from all the following specific areas:
(a)
any maritime area where specific rules on access to waters and resources apply;
(b)
fishing restricted areas as defined in Article 4(14) of Regulation (EC) No 1224/2009;
(c)
regulatory and convention areas of the Regional Fisheries Management Organisations that are binding upon the Union; and
(d)
waters under the sovereignty or jurisdiction of a third country.
Measures to be taken in the event of technical or communication failure of the vessel monitoring device
1. In the event of a technical or communication failure or non-functioning of the vessel monitoring device on a Union fishing vessel, the master shall, from the time the event is detected or from when they are informed by an error notification of the system or in accordance with Article 5(4) of this Regulation, whichever is the earlier, communicate the current vessel position data to the FMC of the flag Member State at least once every 4 hours. To that end, the master shall use any available telecommunication means that ensures the transmission of complete and accurate data. Member States shall decide on the telecommunication means to be used and publish this information on their official website referred to in Article 115 of Regulation (EC) No 1224/2009.
2. The FMC of the flag Member State shall enter the vessel position data referred to in paragraph 1 into the electronic database where such data are recorded upon receipt. The manual vessel position data shall be clearly distinguishable from automatic messages in the electronic database. Where appropriate, these manual vessel position data shall be transmitted without delay, in accordance with Article 60 of Commission Implementing Regulation (EU) 2025/2196 ( 4 ) .
3. Following a technical or communication failure or a non-functioning of the vessel monitoring device, a Union fishing vessel may only leave port once the vessel monitoring device is fully operational, as confirmed by the competent authorities of the flag Member State.
By way of derogation from the first subparagraph, the competent authorities of the flag Member State may authorise the fishing vessel to leave port with a non-functioning vessel monitoring device for repair or replacement, and, in exceptional cases justified by delays in such repair or replacement, subject to the terms and conditions set out in paragraphs 1 and 5 of this Article.
4. When the vessel monitoring device is installed on board, its removal for checks, repair or replacement shall be subject to the approval of the competent authorities of the flag Member State.
5. In the event of a technical or communication failure or non-functioning of the vessel monitoring device, the master of a Union fishing vessel who fails to transmit vessel position data in accordance with the terms and conditions set out in paragraph 1 shall either immediately transmit the data or return the vessel to port to conduct the necessary checks, repairs, or replacement of the vessel monitoring device.
6. Masters of third-country fishing vessels operating in Union waters shall notify, either directly or through their flag State, any technical or communication failure or non-functioning of the vessel monitoring device and transmit the information set in paragraph 1 to the FMC of the coastal Member State where the fishing activities were conducted at least once every 4 hours.
The coastal Member State shall record this information into the electronic database used for such data upon receipt.
Masters who fail to transmit vessel position data at least once every 4 hours shall either immediately transmit the data or shall leave Union waters until the necessary checks, repairs, or replacement of the vessel monitoring device have been completed.
7. For Union fishing vessels of less than 12 metres in length overall, being outside network coverage shall not be considered a technical or communication failure or non-functioning of the vessel monitoring device.
Measures to be taken in the event of non-receipt of data concerning the position and movement of fishing vessels
1. Where the FMC of a flag Member State has not received data transmissions in accordance with Article 23 of Implementing Regulation (EU) 2025/2196 for at least 12 consecutive hours, or has not received data transmissions in accordance with Article 4(1) of this Regulation, it shall notify the master or, where not possible, the operator of the Union fishing vessel without delay.
2. Where the lack of reception of data transmissions referred to in paragraph 1 occurs more than three times within one calendar year for a particular Union fishing vessel, the flag Member State shall ensure that the vessel monitoring device of the fishing vessel is thoroughly checked to verify its fully operational status. The flag Member State shall also investigate whether the vessel monitoring device has been tampered with. This investigation may entail the removal of such equipment for examination.
3. Where the FMC of a flag Member State has not received data transmissions as referred to in paragraph 1, and the last received position was from within the waters under the sovereignty or the jurisdiction of another Member State, it shall notify the FMC of that coastal Member State as soon as possible.
4. Where the competent authorities of a coastal Member State detect a fishing vessel flying the flag of another Member State operating in waters under its sovereignty or jurisdiction for which the relevant vessel position data have not been received, they shall notify the master of the fishing vessel, where possible, and the FMC of the flag Member State thereof.
5. Where the competent authorities of a coastal Member State detect a fishing vessel flying the flag of a third country operating in waters under its sovereignty or jurisdiction for which the relevant vessel position data have not been received, they shall notify the master of the fishing vessel, where possible, and the FMC of the flag State or any other competent authority of the third country concerned in the event of fishing vessels subject to the requirement to transmit vessel position data in accordance with Article 9(7) of Regulation (EC) No 1224/2009.
Monitoring and recording of fishing activities using vessel position data
1. Member States shall use the data received pursuant to Articles 3 and 4 of this Regulation and Articles 23 and 24 of Implementing Regulation (EU) 2025/2196 for the effective monitoring of fishing activities conducted by their fishing vessels and all fishing vessels authorised to conduct fishing activities in the waters under their sovereignty or jurisdiction.
2. Flag Member States shall:
(a)
ensure that data referred to in paragraph 1 are recorded in a digital form and safely stored in computerised databases for at least three years;
(b)
take all necessary measures to ensure that they are only used for official purposes, including, as appropriate, for scientific purposes; and
(c)
take all necessary measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution, or unauthorised consultation.
CHAPTER II — Fishing logbook, prior notifications, transhipment declarations, and landing declaration
Technical or communication failure of electronic recording and reporting systems
1. Without prejudice to the responsibilities of the master under Articles 15, 17, 19a, 22, and 24 of Regulation (EC) No 1224/2009, in the event of a technical or communication failure or non-functioning of the electronic recording and reporting system, the master or, where applicable, their representative shall, from the time the event is detected or upon receiving an error notification from the system or in accordance with Article 8(3) of this Regulation, whichever is the earlier, communicate data from fishing logbooks, prior notifications, transhipment declarations, and landing declarations to the FMC of the flag Member State at least once every 24 hours, unless a shorter interval is required. This communication shall be carried out using any available telecommunication means that ensures the transmission of complete and accurate data, even when there are no catches on board. Member States shall decide on the telecommunication means to be used and publish this information on their official website referred to in Article 115 of Regulation (EC) No 1224/2009.
2. The FMC of the flag Member State shall record the data referred to in paragraph 1 into the electronic database used for such data upon receipt. Where appropriate, the recorded data shall be transmitted without delay, in accordance with Article 61 of Implementing Regulation (EU) 2025/2196.
3. Following a technical or communication failure or a non-functioning of the electronic recording and reporting system, a Union fishing vessel may only leave port once the system is fully operational, as confirmed by the competent authorities of the flag Member State.
By way of derogation from the first subparagraph, the competent authorities of the flag Member State may authorise the fishing vessel to leave the port with a non-functioning electronic recording and reporting system for repair or replacement, and, in exceptional cases justified by delays in such repair or replacement, subject to the conditions set out in paragraphs 1 and 4 of this Article.
4. In the event of a technical or communication failure or non-functioning of the electronic recording and reporting system, the master of a Union fishing vessel or, where applicable, their representative who fail to transmit data from fishing logbooks, transhipment declarations, prior notifications, or landing declarations in accordance with the terms and conditions set out in paragraph 1, shall either immediately transmit the data or shall return the vessel to port to conduct the necessary checks, repair, or replacement of the electronic recording and reporting system.
5. Masters of third-country fishing vessels operating in Union waters shall notify, either directly or through their flag State, any technical or communication failure or non-functioning of the electronic recording and reporting system and transmit the information referred to in paragraph 1 to the FMC of the coastal Member State where the fishing activities were conducted. The coastal Member State shall record this information into the electronic database used for such data upon receipt.
Masters who fail to transmit data at the intervals referred to in paragraph 1 shall either immediately transmit such data or shall leave Union waters until the necessary checks, repairs, or replacement of the electronic recording and reporting system have been completed.
6. For Union catching vessels of less than 12 metres in length overall, being outside network coverage shall not be considered a technical or communication failure or non-functioning.
Measures to be taken in the event of non-receipt of data concerning the electronic recording and reporting system
1. Where the FMC of a flag Member State has not received data transmissions in accordance with Articles 15, 17, 19a, 22, and 24 of Regulation (EC) No 1224/2009 for at least 12 consecutive hours after the scheduled transmission deadline, or has not received data transmissions in accordance with Article 7(1) of this Regulation, it shall notify the master or, where not possible, the operator of the Union fishing vessel without delay.
2. Where the lack of reception of data transmissions referred to in paragraph 1 occurs more than three times within one calendar year for a particular Union fishing vessel, the flag Member State shall ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked to verify its fully operational status, unless the competent authorities of the flag Member State may conclusively exclude, following an investigation and the implementation of appropriate measures, that the non-receipt of the data is caused by a technical non-functioning of the electronic recording and reporting system. That investigation may entail the removal of any equipment of such a system for examination, including, where appropriate, to determine whether the system has been tampered with.
3. Where the FMC of a flag Member State has not received data transmissions as referred to in paragraph 1, and the last received position of that vessel was from within the waters under the sovereignty or jurisdiction of another Member State, it shall notify the FMC of that coastal Member State without delay.
4. The master or the operator of the Union fishing vessel shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the FMC of the flag Member State immediately after receipt of the notification.
5. Where the competent authorities of a coastal Member State detect a catching vessel flying the flag of another Member State operating in waters under its sovereignty or jurisdiction for which the fishing logbook data have not been received, they shall notify the master of the catching vessel, where possible, and the FMC of the flag Member State.
6. Where the competent authorities of a coastal Member State detect a catching vessel flying the flag of a third country operating in waters under its sovereignty or jurisdiction for which the fishing logbook data have not been received, they shall notify the master of the catching vessel, where possible, and the FMC of the flag State or any other competent authority of the third country concerned in the event of catching vessels subject to the requirement to transmit such data in accordance with Article 15(5) of Regulation (EC) No 1224/2009.
Measures to be taken in the event of data access failure
1. Where the competent authorities of a coastal Member State detect a Union fishing vessel of another Member State in their waters and cannot access data from the electronic recording and reporting system referred to in Articles 14, 17, 19a, 21, and 23 of Regulation (EC) No 1224/2009 to be exchanged in accordance with Article 111 of Regulation (EC) No 1224/2009, they shall request the competent authorities of the flag Member State to ensure access to those data.
2. If the coastal Member State does not receive the data referred to in paragraph 1 within 4 hours from the request, the master or operator of the Union fishing vessel shall provide the data and a copy of the return message referred to in Article 26 of Implementing Regulation (EU) 2025/2196 to the competent authorities of the coastal Member State upon request and by electronic means.
3. If the flag Member State or the master or the operator of the Union fishing vessel does not provide the competent authorities of the coastal Member State with a copy of the return message, fishing activities in the waters of the coastal Member State by the fishing vessel concerned shall be prohibited until the flag Member State or the master or the operator of the fishing vessel can provide a copy of the return message or information referred to in Article 14(1) of Regulation (EC) No 1224/2009 to the said authorities.
Data on the functioning of the electronic recording and reporting system
Flag Member States shall maintain databases on the functioning of their electronic recording and reporting system. Those databases shall as a minimum contain and be capable to automatically generate the following information:
(a)
the list of fishing vessels flying their flag whose electronic recording and reporting systems have experienced technical failure or have failed to function; and
(b)
the list of fishing vessels flying their flag that have not made daily electronic fishing logbook transmissions, as required under Article 15 of Regulation (EC) No 1224/2009.
