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1. Observers shall be on-board all vessels to which a special fishing permit provided for in Article 3(1) is issued. The observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1). The number of observers covering fishing activities in a fishing area shall be reviewed on 30 July 2009.

2. The observer shall:

(a) record independently, in the same format as that used in the vessel’s logbook, the catch information prescribed in Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy ;

(b) record any instances of alteration of the fishing plan as referred to in Article 5(2);

(c) document any unforeseen encounters with vulnerable marine ecosystems referred to in Article 7, including the gathering of information that may be of use in relation to the protection of the site;

(d) record depths at which gear is deployed;

(e) present a report to the competent authorities of the Member State concerned within 20 days following the termination of the observation period. A copy of this report shall be sent to the Commission, within 30 days following receipt of a written request.

3. The observer shall not be any of the following:

(a) a relative of the master of the vessel or other officer serving on the vessel to which the observer is assigned;

(b) an employee of the master of the vessel to which he is assigned;

(c) an employee of the master’s representative;

(d) an employee of a company controlled by the master or his representative;

(e) a relative of the master’s representative.