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1. This Article shall be without prejudice to obligations of observers and responsibilities of the master of the vessel set out in the Annex II to the Agreement.

2. The master of the vessel shall:

(a) take all necessary measures to ensure that observers are able to carry out their duties in a competent and safe manner;

(b) endeavour to ensure that observers alternate vessels between their assignments;

(c) ensure that the vessel on which an observer is placed provide suitable food and lodging for the observer during the observer’s deployment at the same level as the officers, where possible;

(d) ensure that all necessary cooperation is extended to observers in order for them to carry out their duties safely, including providing access, as required, to the retained catch, and catch which is intended to be discarded.

3. Member States shall take measures to ensure the safety of observers and crew members in accordance with IATTC Resolution C-11-08 on improving observer safety at sea, as well as relevant Union and international labour standards, in particular Council Directive 89/391/EEC , Council Directive (EU) 2017/159 , the Work in Fishing Convention, 2007 of the International Labour Organisation (No 188) and the Violence and Harassment Convention, 2019 of the International Labour Organisation (No 190).

4. Member States shall ensure that observers fulfil the qualification criteria set out in the Annex II to the Agreement.

5. In the event that an observer dies, is missing or presumed fallen overboard, the master of the vessel shall:

(a) ensure that the Union fishing vessel immediately ceases all fishing operations;

(b) ensure that the Union fishing vessel immediately commences a search and rescue operation if the observer is missing or presumed fallen overboard, and searches for at least 72 hours, unless instructed by the flag Member State to continue searching;

(c) immediately notify the flag Member State and the observer provider;

(d) immediately alert other vessels in the vicinity by using all available means of communication;

(e) cooperate fully in any search and rescue operation and, after such search and rescue operation has been terminated, order the vessel to the nearest port for further investigation, as agreed by the flag Member State and the observer provider;

(f) provide the report on the incident to the observer provider and the authorities of the flag Member State; and (g) cooperate fully in any official investigations into the incident, and preserve any potential evidence and the personal effects and quarters of the deceased or missing observer.

6. In the event that an observer dies, the master of the vessel shall ensure that, to the extent practicable, the body is well preserved for the purposes of an autopsy and investigation.

7. In the event that an observer suffers from a serious illness or injury that threatens his or her life or long-term health or safety, the master of the vessel shall:

(a) ensure that the Union fishing vessel immediately ceases fishing operations;

(b) immediately notify the flag Member State and the observer provider;

(c) take all reasonable actions to care for the observer and provide any medical treatment available and possible on board the vessel, and where appropriate seek external medical advice;

(d) where directed by the observer provider, if not already directed by the flag Member State, facilitate the disembarkation and transport of the observer to a medical facility equipped to provide the required care as directed by the flag Member State or the observer provider, as soon as practicable; and (e) cooperate fully in any official investigations into the cause of the illness or injury.

8. Without prejudice to the obligations applicable to the master of the vessel, for the purposes of paragraphs 5 to 7, the flag Member State shall ensure that the appropriate Maritime Rescue Coordination Centre, observer provider, and the IATTC Secretariat are immediately notified and provided a report on actions undertaken.

9. In the event that there are reasonable grounds to believe an observer has been assaulted, intimidated, threatened, or harassed such that their health or safety is endangered and the observer or the observer provider requests that the flag Member State remove the observer from the Union fishing vessel, the master of that vessel shall:

(a) immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board;

(b) immediately notify the flag Member State and the observer provider of the situation, including the status and location of the observer;

(c) facilitate the safe disembarkation of the observer in a manner and place, as agreed by the flag Member State and the observer provider, that allows access to any needed medical treatment; and (d) cooperate fully in any official investigations into the incident.

10. In the event that there are reasonable grounds to believe that an observer has been assaulted, intimidated, threatened, or harassed such that their health or safety is endangered but neither the observer nor the observer provider requests that the observer be removed from the fishing vessel, the master of that vessel shall:

(a) immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board;

(b) immediately notify the flag Member State and the observer provider of the situation; and (c) cooperate fully in any official investigations into the incident.

11. Where, after disembarkation from a fishing vessel of an observer, an observer provider identifies, such as during the course of debriefing the observer, a possible incident involving assault or harassment of the observer while on board the fishing vessel, the observer provider shall notify, in writing, the flag Member State and the IATTC Secretariat.

12. Upon receipt of the notification referred to in point (b) of paragraph 10, the flag Member State shall:

(a) investigate the incident based on the information provided by the observer provider, prepare an incident report on this basis and take any appropriate action in response to the results of the investigation;

(b) cooperate fully in any official investigation conducted by the observer provider, including providing the incident report of its investigation to the observer provider and appropriate authorities; and (c) notify the observer provider and the IATTC of the results of its investigation and any actions taken.

13. National observer providers shall:

(a) immediately notify the flag Member State in the event that an observer dies, is missing or presumed fallen overboard in the course of observer duties;

(b) cooperate fully in any search and rescue operation;

(c) cooperate fully in any official investigations into any incident involving an observer;

(d) facilitate the disembarkation and replacement of an observer in a situation involving the serious illness or injury of that observer as soon as possible;

(e) facilitate the disembarkation of an observer in any situation involving the assault, intimidation, threats to, or harassment of that observer to such an extent that the observer wishes to be removed from the vessel, as soon as possible; and (f) provide the flag Member State with a copy of the observer report on alleged incidents involving assault or harassment of the observer upon request.

14. Relevant observer providers and Member States shall cooperate with each other’s investigations, including providing their incident reports for any incidents referred to in paragraphs 5 to 11 to facilitate any investigations as appropriate.