expenditure on equipment and modernisation shall not be eligible for aid for five years following the grant of public aid for the construction of the vessel concerned except for equipment in vessel monitoring systems;

For vessels notified to the Commission as being equipped with appropriate vessel monitoring systems, the following definition for the area West of Scotland, ICES Division VIa shall apply:

Community vessels fishing under this Agreement shall be subject to a vessel monitoring system (VMS) whose specific conditions shall be agreed separately by the Parties.

"message" means the report on the vessel's position automatically transmitted by the satellite-based monitoring system to the FMC of the flag Member State;

Public aid for fleet renewal and for the equipment of fishing vessels, including for the use of more selective fishing techniques and of Vessel Monitoring Systems or for the modernisation of fishing vessels may be granted only on the following conditions and those set out in the second subparagraph of Article 3(3) and in Annex III:

This Regulation lays down detailed rules for the operation by Member States of a satellite-based Vessel Monitoring System (VMS), as provided for in Article 22(1)(b) and Article 23(3) of Regulation (EC) No 2371/2002.

Before such specific conditions are applicable, and as a transitional arrangement, Community vessels shall be required to comply with the regional VMS requirements currently applicable within the Kiribati fishing zone.

fisheries surveillance (purchasing equipment, administrative costs of monitoring, technical assistance, hiring equipment, and monitoring measures in conjunction with other countries and organisations in the region and/or the European Union), including the possibility of meeting the cost of setting up a satellite monitoring system (VMS) for fishing vessels.

provision should therefore be made that Member States whose vessels are authorised to fish in the NEAFC Regulatory Area assign inspectors to the Scheme to undertake monitoring and surveillance, together with adequate resources for inspection;

Pursuant to Article 22(1)(b) of Regulation (EC) No 2371/2002, fishing vessels are prohibited from engaging in activities within the scope of the Common Fisheries Policy, unless they have installed on board a functioning system which allows detection and identification of the vessel by remote monitoring systems.

Commission Regulation (EC) No 1489/97 of 29 July 1997 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems(4), as last amended by Regulation (EC) No 2445/1999(5), determines the specific data that Community fishing vessels covered by satellite-based vessel monitoring systems (VMS) are required to transmit;

Pursuant to Article 23(3) of Regulation (EC) No 2371/2002, Member States are to set up the administrative and technical structure necessary for ensuring effective control, inspection and enforcement, including satellite based monitoring systems.

In view of the adoption of these new provisions, it is necessary to repeal Commission Regulation (EC) No 1489/97 of 29 July 1997 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems(2).

whereas, in particular such vessels exceeding a stipulated length operating in this zone should be subject to continuous satellite surveillance from the date on which the 'Vessel Monitoring System` (VMS) applies to all Community fishing vessels;

Whereas Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (4) provides for satellite monitoring of vessels engaged in fishing for industrial purposes from 1 July 1998 onwards;

Control measures additional to those laid down in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(6) and in Commission Regulation (EC) No 1489/97 of 29 July 1997 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems(7) are required to ensure compliance with the measures laid down in this Regulation.

Whereas under the terms of Council Decision 95/528/EC of 5 December 1995 amending Regulation (EEC) No 2847/93 and Decision 89/631/EEC as regards the time limit for implementing certain pilot projects on continuous position monitoring of Community fishing vessels and the Community contribution to the expenditure incurred in their implementation (3), the date of the completion of the pilot projects undertaken by the Member States, as well as that of the final Council decision concerning the application of the system of continuous location of the Community fishing vessels, set out in Regulation (EEC) No 2847/93, were deferred by six months;

In order to make it possible for Community fishing activities in the NEAFC Regulatory Area to be monitored and to supplement the control measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(3), certain specific control measures should be laid down, in particular as regards participation in fishing activities, the marking of vessels and fishing gear and their documents, the recording and reporting of catches and the transhipment of fish;

measures to require the use of a vessel monitoring system as agreed by the Commission.