CHAPTER I — Vessel monitoring systems
General provisions
All fishing vessels subject to vessel monitoring system (VMS) requirements, in accordance with Article 9 of Regulation (EC) No 1224/2009 or more stringent provisions set out by other rules of the common fisheries policy, shall be equipped with a vessel monitoring device that meets the minimum technical conditions laid down in this Chapter.
Minimum requirements and technical specifications for vessel monitoring devices
1. Without prejudice to more stringent provisions set out by other rules of the common fisheries policy, Member States shall ensure that vessel monitoring devices in use:
(a)
have the capability to monitor and record vessel position data at a frequency of at least once every 10 minutes;
(b)
allow the transmission of the recorded data at a frequency and under the conditions specified in Article 23;
(c)
allow the storing of the recorded data during periods when transmission may not be possible, with the stored data transmitted once transmission becomes possible again;
(d)
be water-resistant to a rating of IP67 or higher;
(e)
have a unique serial number to differentiate it from other devices;
(f)
are fixed and secured to the fishing vessel; and
(g)
have functionality allowing the master to monitor the operational status and detect any malfunctioning, including through error notifications or alerts.
2. Paragraph 1(a) may not apply to fishing vessels which, at the time of entry into force of this Regulation, have already installed and are using a vessel monitoring device that does not allow for the monitoring and recording of vessel position data at a frequency of at least once every 10 minutes, provided that the device allows for the transmission of the recorded data at a frequency and under the conditions specified in Article 23.
3. Paragraphs 1(d) and (f) may not apply to fishing vessels of less than 12 metres in length overall, which use a mobile vessel monitoring device.
4. The vessel position data to be recorded and transmitted by the vessel monitoring device shall include:
(a)
a unique identification number, enabling the fisheries monitoring centre (FMC) of the flag Member State to link the vessel position data to the fishing vessel;
(b)
the most recent geographical position of the fishing vessel using latitude and longitude coordinates on the World Geodetic System 1984, expressed in decimal degrees to an accuracy of 4 decimal places, with a position error of less than 50 metres and a confidence interval of 99 percent;
(c)
the date and time of each geographical position recorded for the fishing vessel, expressed in Co-ordinated Universal Time; and
(d)
the speed (in knots, with up to 2 decimal places) and course (in degrees, with an interval between 0-359.99 and up to 2 decimal places) of the fishing vessel.
Content of vessel position data
The vessel position data exchanged by the flag Member State in accordance with Article 111(1) and (3) of Regulation (EC) No 1224/2009 shall contain at least the following information:
(a)
the CFR number for Union fishing vessels, when required by Commission Implementing Regulation (EU) 2017/218 ( 8 ) ;
(b)
the IMO number, where the vessel has such an identifier;
(c)
the IRCS, where the vessel has such an identifier;
(d)
the external registration letters and number(s) of the fishing vessel;
(e)
the name of the fishing vessel, where available;
(f)
vessel position data, including the information listed in Article 20(4); and
(g)
position type, subject to the following conditions:
(i)
an automatically collected position shall be marked as POS;
(ii)
a manually registered position shall be marked as MANUAL;
(iii)
where applicable, the first vessel position data inside the area of a third country waters will be marked as ENTRY; and
(iv)
where applicable, the first vessel position data outside the area of the third-country waters shall be marked as EXIT.
Responsibilities of the masters of fishing vessels concerning the operation of vessel monitoring devices
1. The master of a Union fishing vessel shall be responsible for operating a vessel monitoring device in an effective and correct way, and shall ensure that:
(a)
the vessel monitoring device is switched on before the start of and for the duration of the trip;
(b)
the functionality of the vessel monitoring device is closely monitored, and prompt action is taken to resolve any error notifications or malfunctions;
(c)
the vessel monitoring device is not manually overridden;
(d)
the vessel monitoring device is not used to transmit false data;
(e)
the vessel monitoring device is not destroyed, damaged, rendered inoperative, interfered with, or removed from the fishing vessel, except in the case of vessels less than 12 metres length overall with mobile tracking devices, for which the device may be removed after the end of the fishing trip;
(f)
the relevant data contained on the vessel monitoring device is not erased or otherwise altered;
(g)
the vessel monitoring device and any connected antenna(s) are not obstructed or otherwise interfered with to compromise or prevent the effective transmission of data or the accuracy of that data;
(h)
the vessel position data is transmitted at the frequency specified in Article 23;
(i)
the power supply to the vessel monitoring device is not interrupted; and
(j)
the first geographical position of the Union fishing vessel provided as part of the vessel position data after switching the device back on shall be identical to the last geographical position recorded before switching off the device, with a position error that shall be less than 500 metres and only within the port area, unless a lower margin of error is required under national law.
2. By way of derogation to paragraph 1(a), the master of a Union fishing vessel may switch off the vessel monitoring device while in port or at a landing site, provided that a notification is transmitted to the competent authorities of the FMC of the flag Member State before switching off the device. This notification may be generated automatically or manually by the master and shall indicate that the fishing vessel is within the port area or landing site.
3. Unless otherwise provided under national law, paragraph 1(j), shall not apply to Union fishing vessels of less than 12 metres in length overall with mobile vessel monitoring devices, which are transported on land to another coastal area after switching off the device.
Frequency of transmission of vessel position data
1. Without prejudice to more stringent provisions set out by other rules of the common fisheries policy, vessel monitoring devices shall transmit the vessel position data, including the information listed in Article 20(4), to the FMC of the flag Member State:
(a)
as from 10 January 2026 and until 10 July 2027, at least once every 2 hours, except when fishing activities are conducted within fishing restricted areas, as defined in Article 4(14) of Regulation (EC) No 1224/2009, including within a 5-nautical-mile radius of these areas, where the transmission interval shall be at least once every 30 minutes;
(b)
as from 10 July 2027, at least once every 30 minutes.
2. By way of derogation from paragraph 1, flag Member States may:
(a)
require Union fishing vessels flying their flag to send the vessel position data referred to in paragraph 1 at shorter intervals;
(b)
as from 10 July 2027, allow fishing vessels to transmit the vessel position data referred to in paragraph 1 at least once every 60 minutes when the fishing vessel is:
(a)
conducting fishing operations beyond the outer limits of the territorial sea; and
(b)
not conducting fishing activities within fishing restricted areas, as defined in Article 4(14) of Regulation (EC) No 1224/2009, including within a 5-nautical-mile radius of these areas.
3. The transmission of vessel position data shall be done:
(a)
through satellite connection or, where possible, via a land-based mobile network or other equivalent technology; and
(b)
ensuring confidentiality, integrity, availability, authenticity and non-repudiation of all transmitted data.
4. For Union fishing vessels of less than 12 metres in length overall that use mobile vessel monitoring devices and are out of network coverage, vessel position data shall be recorded at the intervals specified in paragraphs 1 or 2 of this Article and transmitted in accordance with Article 9(3) of Regulation (EC) No 1224/2009.
Transmission of vessel position data to the coastal Member State
1. The FMC of each flag Member State shall, immediately upon receipt, ensure the automatic transmission to the FMC of a coastal Member State of the vessel position data provided in accordance with Article 21, concerning its fishing vessels while they are in the waters of the coastal Member State.
2. The flag Member State shall grant the coastal Member State access upon request to all vessel position data, as specified in Article 21 of this Regulation, for fishing vessels flying its flag during any period in which those vessels are present within the Union waters of the coastal Member State. This access shall remain available for a minimum of three years from the date each position was recorded.
CHAPTER II — Fishing logbook, prior notification, transhipment declaration and landing declaration
Minimum requirements of the fishing logbook
1. Without prejudice to more stringent provisions set out by other rules of the common fisheries policy, Member States shall ensure that the electronic fishing logbook in use allows:
(a)
recording of the minimum fishing logbook data referred to in Article 14 of Regulation (EC) No 1224/2009, and other relevant information referred to in Annex XV of this Regulation;
(b)
storing the recorded data during periods when transmission may not be possible, with the stored data transmitted once transmission becomes possible again;
(c)
receiving and storing return messages as referred to in Article 26 of this Regulation and make those available to the master of the catching vessel; and
(d)
have functionality allowing the user to monitor the operational status and detect any malfunctioning, including through error notifications or alerts.
2. The transmission of fishing logbook data referred to in paragraph 1 shall be done:
(a)
via a land-based mobile network or a satellite communication system; and
(b)
ensuring confidentiality, integrity, availability, authenticity and non-repudiation of all transmitted data.
Return messages from the authorities of the flag Member State
1. Flag Member States shall transmit a return message to the electronic recording and reporting system onboard the vessel for fishing activity data referred to in Articles 14, 21, and 23 of Regulation (EC) No 1224/2009. The return message shall contain an acknowledgment of receipt and, where possible, information about acceptance or rejection of the message, including the reasons for rejection.
2. The electronic recording and reporting system onboard a Union fishing vessel shall retain the return messages for all transmitted reports of a fishing trip at least until the start of a new fishing trip.
3. Where required by the rules adopted by RFMOs that are binding upon Union, or those adopted in the context of sustainable fisheries partnership agreements (SFPAs) or other fisheries agreements concluded by the Union with a third country, the electronic recording and reporting system onboard a Union fishing vessel shall retain all additional return messages for transmitted reports of a fishing trip issued by the RFMO or the third party until the start of a new fishing trip.
Completion and electronic submission of the fishing logbook
1. The master of a Union catching vessel shall complete and submit by electronic form the fishing logbook data in accordance with the requirements set out in Articles 14 and 15 of Regulation (EC) No 1224/2009 and the instructions set out in Annex XV. Additionally, for catching vessels of 12 metres in length overall or more, the date and time at the moment the information is transmitted from the vessel to the FMC shall be reported.
2. The master of a Union catching vessel shall send a departure report to the FMC of the flag Member State before leaving a port or a landing site. This report shall be the first report of the trip being started.
3. Before arrival at port or at a landing site, the master of a Union catching vessel shall send a return to port message to the FMC of the flag Member State.
4. The master may transmit corrections to the fishing logbook data up to the last submission made before entering a port or a landing site. Masters shall ensure corrections are easily identifiable by the competent authorities. All original electronic fishing logbook data and corrections to those data shall be stored by the competent authorities of the flag Member State.
5. By way of derogation to paragraphs 2 and 3, masters of Union catching vessels of less than 12 metres in length overall shall submit the relevant data and departure message, at the latest after the last fishing operation has been completed and before the landing starts.
6. The codes given in Annex XVI shall apply to indicate, under the appropriate headings of the fishing logbook, the fishing gear used.
CHAPTER III — Common rules for the determination of live weight
Use of conversion factors
1. For the completion of the fishing logbook, the transhipment declaration, and the landing declaration, the EU conversion factors set out in Annexes XII, XIII and XIV shall apply to convert stored or processed fish weight into live fish weight, pursuant to Articles 14(10), 21(5), and 23(4) of Regulation (EC) No 1224/2009. They shall apply to fishery products on board, transhipped, or landed by Union fishing vessels.
2. By way of derogation from paragraph 1, conversion factors other than those established in Annexes XII, XIII and XIV shall apply where:
(a)
the rules adopted by RFMOs that are binding upon the Union, or those adopted in the context of SFPAs concluded by the Union with third countries have established conversion factors;
(b)
no conversion factors as referred to in paragraph 1 or point (a) of this paragraph, exist for a given species and presentation, in which case the conversion factors adopted by the flag Member State shall apply.
3. Without prejudice to paragraph 2, the competent authorities of Member States shall use the EU conversion factors referred to in paragraph 1 when calculating the live weight of transhipments and landings to monitor the quota uptake.
Calculation method
1. The fish live weight shall be obtained by multiplying the fish processed weight by the conversion factors referred to in Article 28 for each species and presentation.
2. In case of collective presentations, only one conversion factor corresponding to one of the parts of the collective presentation of a fish shall be used.
General rules on the implementation of the margin of tolerance for estimates recorded in the fishing logbook
1. The margins of tolerance referred to in Article 14(3) and (4) of Regulation (EC) No 1224/2009 shall be expressed as a percentage of the fishing logbook figures.
2. For catches which are to be landed unsorted, estimates recorded in the fishing logbook may be calculated on the basis of representative samples or by using technologies that allow for more accurate estimation of the total quantities kept on board.
3. For the purpose of the application of Article 14(3) and (4) of Regulation (EC) No 1224/2009, species caught for live bait shall be considered as a species caught and kept on board.
Margin of tolerance in the transhipment declaration
The margin of tolerance referred to in Article 21(3) of Regulation (EC) No 1224/2009 for the estimation of quantities in kilograms live weight of each species transhipped or received shall be expressed as a percentage of the transhipment declaration figures.
Completion of the landing of fishery products after transport under control plans and common control programmes
When the fishery products are transported from the place of landing before they have been weighed in accordance with a control plan or a common control programme pursuant to Article 60(3)(c) and (d) of Regulation (EC) No 1224/2009, respectively, the landing shall be regarded to have been completed for the purpose of the application of Article 23(2)(f) and (g), Article 24(1) and (2), and Article 66(1), (3) and (4)(c) of Regulation (EC) No 1224/2009 only when the fishery products have been weighed.
Fishing operations involving two or more Union catching vessels
Without prejudice to special rules in the case of fishing operations involving two or more Union catching vessels, the landed catch resulting from such fishing operations shall be attributed to the Union catching vessel landing the fishery products:
—
from different Member States, or
—
from the same Member State but where the catches are landed in a Member State of which they do not fly the flag.
General rules
1. Without prejudice to the exemptions established under Article 65 of Regulation (EC) No 1224/2009 and unless otherwise provided under the rules of the common fisheries policy, registered buyers, registered auctions or producer organisations shall complete and submit by electronic means a sales note in accordance with the requirements set out in Articles 62 and 64 of Regulation (EC) No 1224/2009 and the instructions set out in Annex XIX.
2. The type of presentation referred to in Article 64(1) of Regulation (EC) No 1224/2009 shall include the state of processing as set out in Table 2 of Annex I to this Regulation.
3. The price referred to in Article 64(1)(n) of Regulation (EC) No 1224/2009 shall be indicated in the currency applicable in the Member State where the sale takes place.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.