Technical or communication failure of electronic recording and reporting systems
Article 7
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.