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 (4).

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.

1.   Where the FMC of a flag Member State has not received data transmissions in accordance with Article 23 of Implementing Regulation (EU) 2025/2196 for at least 12 consecutive hours, or has not received data transmissions in accordance with Article 4(1) of this Regulation, it shall notify the master or, where not possible, the operator of the Union fishing vessel without delay.

2.   Where the lack of reception of data transmissions referred to in paragraph 1 occurs more than three times within one calendar year for a particular Union fishing vessel, the flag Member State shall ensure that the vessel monitoring device of the fishing vessel is thoroughly checked to verify its fully operational status. The flag Member State shall also investigate whether the vessel monitoring device has been tampered with. This investigation may entail the removal of such equipment for examination.

3.   Where the FMC of a flag Member State has not received data transmissions as referred to in paragraph 1, and the last received position was from within the waters under the sovereignty or the jurisdiction of another Member State, it shall notify the FMC of that coastal Member State as soon as possible.

4.   Where the competent authorities of a coastal Member State detect a fishing vessel flying the flag of another Member State operating in waters under its sovereignty or jurisdiction for which the relevant vessel position data have not been received, they shall notify the master of the fishing vessel, where possible, and the FMC of the flag Member State thereof.

5.   Where the competent authorities of a coastal Member State detect a fishing vessel flying the flag of a third country operating in waters under its sovereignty or jurisdiction for which the relevant vessel position data have not been received, they shall notify the master of the fishing vessel, where possible, and the FMC of the flag State or any other competent authority of the third country concerned in the event of fishing vessels subject to the requirement to transmit vessel position data in accordance with Article 9(7) of Regulation (EC) No 1224/2009.

1.   Member States shall use the data received pursuant to Articles 3 and 4 of this Regulation and Articles 23 and 24 of Implementing Regulation (EU) 2025/2196 for the effective monitoring of fishing activities conducted by their fishing vessels and all fishing vessels authorised to conduct fishing activities in the waters under their sovereignty or jurisdiction.

2.   Flag Member States shall:

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.

1.   Where the FMC of a flag Member State has not received data transmissions in accordance with Articles 15, 17, 19a, 22, and 24 of Regulation (EC) No 1224/2009 for at least 12 consecutive hours after the scheduled transmission deadline, or has not received data transmissions in accordance with Article 7(1) of this Regulation, it shall notify the master or, where not possible, the operator of the Union fishing vessel without delay.

2.   Where the lack of reception of data transmissions referred to in paragraph 1 occurs more than three times within one calendar year for a particular Union fishing vessel, the flag Member State shall ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked to verify its fully operational status, unless the competent authorities of the flag Member State may conclusively exclude, following an investigation and the implementation of appropriate measures, that the non-receipt of the data is caused by a technical non-functioning of the electronic recording and reporting system. That investigation may entail the removal of any equipment of such a system for examination, including, where appropriate, to determine whether the system has been tampered with.

3.   Where the FMC of a flag Member State has not received data transmissions as referred to in paragraph 1, and the last received position of that vessel was from within the waters under the sovereignty or jurisdiction of another Member State, it shall notify the FMC of that coastal Member State without delay.

4.   The master or the operator of the Union fishing vessel shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the FMC of the flag Member State immediately after receipt of the notification.

5.   Where the competent authorities of a coastal Member State detect a catching vessel flying the flag of another Member State operating in waters under its sovereignty or jurisdiction for which the fishing logbook data have not been received, they shall notify the master of the catching vessel, where possible, and the FMC of the flag Member State.

6.   Where the competent authorities of a coastal Member State detect a catching vessel flying the flag of a third country operating in waters under its sovereignty or jurisdiction for which the fishing logbook data have not been received, they shall notify the master of the catching vessel, where possible, and the FMC of the flag State or any other competent authority of the third country concerned in the event of catching vessels subject to the requirement to transmit such data in accordance with Article 15(5) of Regulation (EC) No 1224/2009.

1.   Where the competent authorities of a coastal Member State detect a Union fishing vessel of another Member State in their waters and cannot access data from the electronic recording and reporting system referred to in Articles 14, 17, 19a, 21, and 23 of Regulation (EC) No 1224/2009 to be exchanged in accordance with Article 111 of Regulation (EC) No 1224/2009, they shall request the competent authorities of the flag Member State to ensure access to those data.

2.   If the coastal Member State does not receive the data referred to in paragraph 1 within 4 hours from the request, the master or operator of the Union fishing vessel shall provide the data and a copy of the return message referred to in Article 26 of Implementing Regulation (EU) 2025/2196 to the competent authorities of the coastal Member State upon request and by electronic means.

3.   If the flag Member State or the master or the operator of the Union fishing vessel does not provide the competent authorities of the coastal Member State with a copy of the return message, fishing activities in the waters of the coastal Member State by the fishing vessel concerned shall be prohibited until the flag Member State or the master or the operator of the fishing vessel can provide a copy of the return message or information referred to in Article 14(1) of Regulation (EC) No 1224/2009 to the said authorities.

1.   Control observers on board a Union fishing vessel shall, where appropriate, brief the officials who are about to proceed to an inspection of that fishing vessel upon arrival on board. If the facilities on board the Union fishing vessel so allow and where appropriate the briefing shall take place in a closed meeting.

2.   Control observers shall draw up the report referred to in Article 73(5) of Regulation (EC) No 1224/2009, recording the fishing activities and other relevant information listed in Annex I, and using the format set out in Annex II. They shall forward that report following completion of their assignment to their authorities and to the competent authorities of the flag Member State. Their competent authorities shall make the report available, on request, to the coastal Member State, the Commission or EFCA. Copies of reports made available to other Member States may not include the locations where the catches were taken in respect of start and finish positions of each fishing operation but may include daily totals of catch in kilograms live weight equivalent by species and the relevant geographical area.

3.   Paragraphs 1 and 2 shall not affect the powers of the master of the fishing vessel as being in sole charge of the operations of the vessel.

1.   Member States responsible for the designation or deployment of control observers on board fishing vessels flying their flag shall:

2.   Masters of Union fishing vessels and masters of third-country fishing vessels authorised to operate in Union waters shall:

1.   If a fishing licence is suspended or permanently withdrawn in accordance with Article 92(6) of Regulation (EC) No 1224/2009, the competent authority of the flag Member State shall formally notify the holder of the fishing licence immediately of this suspension or permanent withdrawal.

2.   Upon receiving the notification referred to in paragraph 1, the holder of the fishing licence shall:

1.   When the suspension or permanent withdrawal of the right to command a fishing vessel as a master has been triggered in accordance with Article 92(6) of Regulation (EC) No 1224/2009, the competent authorities of the flag Member State of the vessel on which the master is operating shall:

2.   Upon receiving the notification referred to in paragraph 1, point (b), the master shall immediately cease to command any Union fishing vessel, provided that such action does not compromise navigational safety, and shall comply with the instructions of the competent authorities of the flag Member State. If no crew member on board is authorized to replace the master, the competent authorities of the flag Member State shall instruct the master to immediately proceed to an appropriate port or suspend all fishing activities until a new authorised master is on board.

1.   Without prejudice to Article 92(8) of Regulation (EC) No 1224/2009, and provided that the total number of points assigned to the holder of the fishing licence for the catching vessel in question exceeds two, the competent authorities of the flag Member State may delete up to two points if the holder of the fishing licence, after the points have been assigned, voluntarily participates:

2.   If the points were deleted in accordance with paragraph 1, the holder of the fishing licence shall be informed of that deletion. The holder of the fishing licence shall also be informed of the number of points that remain.

1.   Member States, acting either as flag Member States or Member States of nationality, shall establish and maintain an up-to-date register of masters to whom points for serious infringements have been assigned, in accordance with Article 92(4) of Regulation (EC) No 1224/2009. The register shall include the minimum information specified in Annex VI.

2.   Where the flag Member State assigns points under Article 92(4) of Regulation (EC) No 1224/2009 to the master of a fishing vessel who is not a national of the flag Member State assigning the points under Article 92(4), the flag Member State shall:

3.   When points have been deleted in accordance with Article 36(1) of this Regulation or Article 92(8) of Regulation (EC) No 1224/2009, the Member State responsible for deleting the points shall notify the Member State(s) of nationality of the master or, in case of third-country nationals, the Commission, enabling the Member State(s) concerned to update the register accordingly.

4.   The Commission shall store all information on points assigned or deleted by Member States to third-country nationals, as communicated under paragraph 2(b) and 3 respectively, and make it available to the Member States concerned upon request.

5.   Data recorded under this Article shall be retained for at least three years, unless otherwise specified by the rules of the common fisheries policy or where retention is deemed necessary for the purposes of inspections, verifications, audits, or investigations, including those related to complaints, infringements, or judicial or administrative proceedings.