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Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/2007

article 27

CELEX: 02019R0833-20250213

Observer programme

1. Observers shall be independent and impartial, and have the training, knowledge, skills and abilities to perform all of the duties, functions and requirements as specified in this Article. Observers shall execute their duties and functions in an unbiased manner regardless of nationality and of which flag the vessel is flying, and shall be free from undue influence or benefit linked to the fishing activity of any vessel fishing in the Regulatory Area.

2. Without prejudice to the exception in paragraph 3, each fishing vessel, while conducting fishing activities in the Regulatory Area, shall carry at all times at least one observer in accordance with the provisions of the observer programme. A fishing vessel shall not commence fishing until the observer is deployed on the fishing vessel. The failure to carry an observer if required shall be considered a serious infringement.

article 27

CELEX: 02019R0833-20250213

3. By way of derogation from paragraph 2, and provided that NAFO has not requested a higher observer coverage level, a Member State may allow fishing vessels flying its flag to carry an observer for less than 100 %, but not less than 25 % of the fishing trips conducted by its fleet, or of the days the fishing vessels are present in the Regulatory Area during the year, on the condition that the flag Member State, for the vessels not carrying an observer:

(a) ensures that the vessels concerned target species in areas where negligible by-catch of other species is expected to occur;

(b) ensures that the vessel complies with all real-time reporting requirements;

(c) physically inspects or otherwise evaluates as appropriate, following risk assessment, each landing in its ports by the vessel concerned according to national monitoring, control and surveillance procedures. If any infringement to this Regulation is detected and confirmed, it shall prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation and transmit it to the Commission as soon as possible after the infringement has been confirmed;

(d) as early as possible in advance of the fishing trip, transmits to the Commission the following information:

(i) the name, IMO number, and international radio call sign of the vessel;

(ii) the factors that support the decision to grant the derogation from the 100 % coverage;

(e) submits to the Commission by 15 February each year, for the previous calendar year, a report containing a comparison of all relevant fishing activities showing the difference between the trips where the vessel had an observer on board and those where the observer was withdrawn. The Commission shall transmit that information to the NAFO Executive Secretary by 1 March each year.

article 27

CELEX: 02019R0833-20250213

4. Where an inspector issues a notice of an infringement to a fishing vessel that is not carrying an observer, except where the absence of an observer is in accordance with paragraph 3, at the time of the notice, the infringement shall be deemed a serious infringement for the purpose of Article 35(1) and, where the flag Member State does not require the fishing vessel to proceed immediately to port in accordance with Article 35(3), it shall assign an observer to the fishing vessel without delay.

article 27

CELEX: 02019R0833-20250213

5. Each Member State shall:

(a) each year, before the vessels flying its flag start fishing in the Regulatory Area, send to the Commission an updated list of observers (name and ID if applicable) that it intends to deploy on vessels flying its flag operating in the Regulatory Area;

(b) require vessels flying its flag to carry an observer from the list referred to in point (a), in accordance with the observer programme;

(c) to the extent practicable, ensure that individual observers are not deployed on consecutive trips on the same vessel;

(d) ensure that observers are equipped with an independent two-way communication device at sea;

(e) take appropriate action with respect to vessels flying its flag to ensure safe working conditions, the protection, security and welfare of observers in the performance of their duties, consistent with international standards or guidelines;

(f) ensure that the observers treat all data and information relating to the fishing operations collected during their deployment, including images and videos taken, in accordance with applicable confidentiality requirements;

(g) electronically and without delay following its receipt, transmit to the NAFO Executive Secretary the daily observer report referred to in point (e) of paragraph 11.

article 27

CELEX: 02019R0833-20250213

6. Upon the receipt of an observer report from an observer reporting discrepancies with the CEM or an incident, including any instances of obstruction, intimidation, interference, or otherwise prevention of the observer from performing his or her duties, concerning a vessel flying its flag, a Member State shall:

(a) treat the report with utmost sensitivity and discretion, in accordance with applicable confidentiality requirements;

(b) assess discrepancies identified in the observer report and conduct any follow-up action deemed appropriate;

7. Each Member State shall provide:

————— (b) without delay, the observer trip report referred to in paragraph 11;

(c) by 15 February each year for the previous calendar year, a report on its compliance with the obligations set out in this Article.

8. If a fishing vessel is carrying an observer from another Member State or NAFO Contracting Party, that observer shall report to the vessel's flag Member State.

article 27

CELEX: 02019R0833-20250213

9. If a fishing vessel required to carry an observer is not carrying one, the flag Member State may allow any other Contracting Party to deploy an observer on the vessel.

10. If, during deployment, it is determined that a serious risk to the observer exists, the flag Member State shall take steps to ensure that the observer is removed from the vessel unless and until the risk is addressed.

article 27

CELEX: 02019R0833-20250213

11. An observer deployed on a vessel shall, at minimum perform the duties listed below:

(a) complete the observer trip report as set out in Annex II.M to the CEM referred to in point 35 of the Annex, noting that data collection on Greenland sharks shall be carried out minimising the damage to the sampled individuals;

(b) transmit daily, before 12:00 UTC to the FMC of the flag Member State, in accordance with Annex II.G to the CEM referred to in point 36 of the Annex to this Regulation, the report for the preceding day, by division, whether the vessel was fishing or not;

(c) report without delay to the FMC any discrepancy with this Regulation and any instances of obstruction, intimidation, interference with or otherwise prevention of the observer from performing their duties;

(d) monitor the vessel’s product labelling, production logbook, and stowage plan against the requirements established in Articles 24 and 25, and record in the observer trip report any discrepancies identified;

(e) record any observed interruption or interference with VMS;

(f) submit the information in Annex II.M to the CEM referred to in point 35 of the Annex by electronic means to the FMC and to the port State as soon as possible after leaving the Regulatory Area and at the latest at the arrival of the vessel in port for landing;

(g) make themselves available to inspectors at sea, or in port upon arrival of the vessel, for the purposes of providing information related to the fishing activities of the vessel;

(h) maintain detailed records, including relevant images and video footage, of any circumstances and information related to any instances of discrepancies with this Regulation for transmission to the FMC at the earliest opportunity, and at the latest upon the arrival of the vessel in port for landing.

article 27

CELEX: 02019R0833-20250213

13. Unless otherwise arranged with another NAFO Contracting Party or flag Member State, each Member State shall bear the costs of remunerating the observers it has deployed. The flag Member State may allow fishing operators to contribute to the costs of remunerating observers without prejudice to paragraph 14.

14. Observers shall not have financial or beneficial interest in, and shall be paid in a manner that demonstrates financial independence from, any vessel fishing in the Regulatory Area.

15. The information that Member States are required to provide in accordance with points (c) and (d) of paragraph 3, point (a) of paragraph 5, point (c) of paragraph 6 and paragraph 7 shall be transmitted to EFCA with the Commission in copy. EFCA shall ensure that this information is transmitted to the NAFO Executive Secretary without delay, for posting on the MCS website.

article 27

CELEX: 02019R0833-20250213

12. The master of the vessel flying the flag of a Member State shall:

(a) extend such cooperation and assistance as may be required to enable the observer to carry out his or her duties, including providing the observer with such access as may be required to the catch retained on board and discards and the catch registration documents (e.g. fishing logbook, production logbook, stowage plan);

(b) provide food and accommodation to the observer of a standard no less than that provided to the vessel's officers. If officers' accommodation is not available, the observer shall be provided accommodation of a standard as close to an officer's as practicable but not less than that provided to the crew;

(c) provide access to all operational areas of the vessel necessary for the observer to complete his or her duties, including the vessel's hold(s), production area(s), bridge, garbage processing equipment and navigation and communication equipment;

(d) refrain from, personally or through their agents, employees, or crew members, obstruct, intimidate, interfere with, influence, bribe or attempt to bribe or compromise the safety of an observer in the performance of his/her duties;

(e) include the observer in all emergency drills conducted on-board; and (f) notify the observer when an inspection party has signalled their intent to board the vessel; and (g) provide the observer with unhindered independent internet access on board at all times, unless the observer has available a fully operational two-way satellite communication device.