Responsibilities of the masters of fishing vessels concerning the operation of vessel monitoring devices
Article 22
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.