(iii) the development and implementation of vessel monitoring systems, including, as appropriate, satellite transmitter systems, in accordance with any national programmes and those which have been subregionally, regionally or globally agreed among the States concerned;

To this end, Member States shall ensure that a continuous position monitoring system, either land-or satellite-based and using satellite communications for data transmission, is installed for certain categories of Community vessels.

COMMISSION REGULATION (EC) No 831/1999 of 21 April 1999 amending Regulation (EC) No 1489/97 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems

COMMISSION REGULATION (EC) No 2445/1999 of 18 November 1999 amending, for the second time, Regulation (EC) No 1489/97 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems

Annex III to 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(3), as last amended by Regulation (EC) No 831/1999(4), contains the contact details of the competent authorities in the Member States responsible for the fisheries monitoring centres (FMCs).

Whereas Annex III to 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(3) contains the names, addresses, telephone numbers, telex numbers and fax numbers, as well as the X.25 and any other addresses used for electronic data transmission, of the competent authorities in the Member States responsible for the fisheries monitoring centres (FMC);

In order to improve the effectiveness of surveillance of fishing activities, the Council shall decide before 1 January 1996, according to the procedure laid down in Article 43 of the Treaty, if and to what extend and when a continuous position monitoring system, either land-or satellite-based and using satellite communications for data transmission, shall be installed for Community fishing vessels.

Whereas implementation of the common fisheries policy necessitates measures to monitor vessels flying the flag of a third country present in Community waters, and in particular a system for communicating their movements and the species held on board, without prejudice to the right of innocent passage in the territorial sea and freedom of navigation in the 200-mile fishing zone;

Each Member State shall establish a satellite-based vessel monitoring system, hereinafter referred to as "VMS", to monitor the position of Community fishing vessels.

Whereas it is necessary to establish lists of fishing vessels to which vessel monitoring systems (VMS) applies as well as lists of fishing vessels which are exempted from VMS;

Whereas the satellite-based vessel monitoring system shall ensure that communications from Community vessels are received by the flag State and the coastal Member State simultaneously;

whereas a Member State requesting this possibility must prove that the alternative system is as effective as the satellite-based vessel monitoring system,

Whereas the satellite-based vessel monitoring system shall apply to Community fishing vessels operating in third country waters only in the case where the third country or countries in question have accepted the obligation to apply a satellite-based vessel monitoring system to their vessels operating in the waters of the Community;

Track control system for high-speed craft

Tampering with the satellite-based vessel monitoring system

Communication of VMS messages to Madagascar

Whereas it is appropriate to provide for the possibility of alternative systems to the satellite-based vessel monitoring system;

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

The provisions concerning the vessel monitoring system (VMS) are set out in the Annex to this Regulation.

Vessel with a satellite monitoring system in accordance with Article 22 of Regulation (EC) No 2371/2002:

laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems

(b) cross-checking the positions of the fishing vessels detected by VDS with position reports from vessel monitoring systems (VMS), and

In view of the fact that the Republic of Madagascar has implemented a vessel monitoring system (VMS) applicable to its national fleet and intends to extend this system on a non-discriminatory basis to all vessels operating in its fishing zone, and that Community vessels have been subject to satellite monitoring wherever they operate since 1 January 2000 under Community legislation, it is recommended that the national authorities of the flag States and of the Republic of Madagascar should monitor by satellite as follows vessels operating under the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar (hereinafter referred to as the "Agreement"):

Whereas, pursuant to Article 3 of Regulation (EEC) No 2847/93 (3), the Council can decide for a continuous position monitoring system to be established for Community fishing vessels;

(a) public aid for the renewal of fishing vessels may be granted until 31 December 2004; (b) public aid for the renewal of fishing vessels may be granted only for vessels under 400 GT; (c) public aid 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 provided that:

(b) 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:

Whereas there is a need to use cost-effective measures and to improve availability and accuracy of effort data, such as be introducing satellite based vessel 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

"Article 9 Public aid for fleet renewal and for the equipment or modernisation of fishing vessels 1. 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:

Commission Regulation (EC) No 831/1999 of 21 April 1999 amending Regulation (EC) No 1489/97 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems

Whereas it is appropriate to except from the obligation to apply a satellite-based vessel monitoring system certain Community vessels operating exclusively in coastal and short-trip fisheries;

from 1 January 2000 at the latest, for vessels exceeding 20 metres between perpendiculars or 24 metres overall length, to be equipped with a VMS position monitoring system approved by the Commission,

Commission Regulation (EC) No 2445/1999 of 18 November 1999 amending, for the second time, Regulation (EC) No 1489/97 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards satellite-based vessel monitoring systems

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;

This Regulation lays down detailed rules under which Member States are to establish and operate satellite-based vessel monitoring systems, hereinafter referred to as 'VMS', as provided for in Article 3 of Regulation (EEC) No 2847/93.

Whereas experience gained in the application of pilot projects carried out by the Member States in accordance with Commission Regulation (EC) No 897/94 of 22 April 1994 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards pilot projects relating to continuous position monitoring of Community fishing vessels (4), has demonstrated that several satellite-based vessel monitoring systems can be used to determine the position of fishing vessels;

In particular, on the basis of an application by a Member State and in accordance with the provisions of Article 36, the Commission may decide that an alternative system to VMS may be applied, taking into account the type of monitoring system proposed, the type of fishing vessel or vessels, the area or areas fished, the targeted species and the duration of the fishing trips.

Whereas, as a result of delays in implementing the pilot projects, provided for in Article 3 (2) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3), on continuous position monitoring of Community fishing vessels, whether land or satellite-based, some Member States have requested that the period in question be extended;

Whereas Article 3 of Regulation (EEC) No 2847/93 provides for the carrying out by Member States of pilot projects, in respect of certain categories of Community fishing vessels, relating to continuous position monitoring systems, either land-or satellite-based and using satellite communications for data transmission, and, as appropriate, the carrying out of pilot projects relating to automatic position recorders, before 30 June 1995;

After having verified, by the use of data reports obtained through an automated tamper-proof satellite linked vessel monitoring system (VMS), that the area fished and the catch to be landed or transhipped as reported by its vessel is accurately recorded and consistent with its authorisation to fish, the Flag Member State shall convey a confirmation number to the master by the most rapid electronic means.

This Regulation lays down certain conditions under which Member States are to carry out the pilot projects provided for in Article 3 of Regulation (EEC) No 2847/93 relating to continuous position monitoring systems, either land-or satellite-based and using satellite communications for data transmission, and, as appropriate, the pilot projects concerning automatic position recorders.

(a) 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; (b) permanent withdrawal premiums within the meaning of Article 7(5) and premiums for the creation of joint enterprises within the meaning of Article 8 may not be added to other Community aid granted under this Regulation or Regulations (EEC) No 2908/83(), (EEC) No 4028/86(**) and (EC) No 2468/98. These premiums shall be reduced:

(i) by a part of the amount previously received in the case of equipment and modernisation aid; this part shall be calculated pro rata temporis for the five-year period preceding the permanent withdrawal or the setting up of the joint enterprise; (ii) by the total amount previously received in the case of aid for the temporary cessation of activities within the meaning of Article 16(1) of this Regulation and under Article 14 of Regulation (EC) No 2468/98 paid during the year preceding permanent withdrawal or the setting up of the joint enterprise; (c) aid for the equipment in vessel monitoring systems may not be added to aid granted under Council Decision 2001/431/EC.

It is appropriate to provide that as from 1 January 2004, all fishing vessels exceeding 18 metres length overall, and as from 1 January 2005, all fishing vessels exceeding 15 metres length overall, should be subject to a satellite-based Vessel Monitoring System (VMS).

aid for the equipment in vessel monitoring systems may not be added to aid granted under Council Decision 2001/431/EC.

public aid 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 provided that:

Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems

"FMC" means fisheries monitoring centres as set up by the Member States to manage the satellite-based monitoring system;

cross-checking the positions of the fishing vessels detected by VDS with position reports from vessel monitoring systems (VMS), and

ANNEX PROVISIONS SPECIFYING HOW DATA IN CONNECTION WITH THE SATELLITE-BASED POSITION MONITORING OF COMMUNITY FISHING VESSELS OPERATING UNDER THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF MADAGASCAR ON FISHING OFF MADAGASCAR IS TO BE TRANSMITTED In view of the fact that the Republic of Madagascar has implemented a vessel monitoring system (VMS) applicable to its national fleet and intends to extend this system on a non-discriminatory basis to all vessels operating in its fishing zone, and that Community vessels have been subject to satellite monitoring wherever they operate since 1 January 2000 under Community legislation, it is recommended that the national authorities of the flag States and of the Republic of Madagascar should monitor by satellite as follows vessels operating under the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar (hereinafter referred to as the "Agreement"):