Title II, Chapter I, Article 4 · Commission Delegated Regulation (EU) 2025/1766

Contents

Article 4Measures to be taken in the event of technical or communication failure of the vessel monitoring device#

1.In the event of a technical or communication failure or non-functioning of the vessel monitoring device on a Union fishing vessel, the master shall, from the time the event is detected or from when they are informed by an error notification of the system or in accordance with Article 5(4) of this Regulation, whichever is the earlier, communicate the current vessel position data to the FMC of the flag Member State at least once every 4 hours. To that end, the master shall use any available telecommunication means that ensures the transmission of complete and accurate data. 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 enter the vessel position data referred to in paragraph 1 into the electronic database where such data are recorded upon receipt. The manual vessel position data shall be clearly distinguishable from automatic messages in the electronic database. Where appropriate, these manual vessel position data shall be transmitted without delay, in accordance with Article 60 of Commission Implementing Regulation (EU) 2025/2196^note.

3.Following a technical or communication failure or a non-functioning of the vessel monitoring device, a Union fishing vessel may only leave port once the vessel monitoring device 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 port with a non-functioning vessel monitoring device for repair or replacement, and, in exceptional cases justified by delays in such repair or replacement, subject to the terms and conditions set out in paragraphs 1 and 5 of this Article.

4.When the vessel monitoring device is installed on board, its removal for checks, repair or replacement shall be subject to the approval of the competent authorities of the flag Member State.

5.In the event of a technical or communication failure or non-functioning of the vessel monitoring device, the master of a Union fishing vessel who fails to transmit vessel position data in accordance with the terms and conditions set out in paragraph 1 shall either immediately transmit the data or return the vessel to port to conduct the necessary checks, repairs, or replacement of the vessel monitoring device.

6.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 vessel monitoring device and transmit the information set in paragraph 1 to the FMC of the coastal Member State where the fishing activities were conducted at least once every 4 hours.The coastal Member State shall record this information into the electronic database used for such data upon receipt.Masters who fail to transmit vessel position data at least once every 4 hours shall either immediately transmit the data or shall leave Union waters until the necessary checks, repairs, or replacement of the vessel monitoring device have been completed.

7.For Union fishing 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 of the vessel monitoring device.