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1. The observers shall have the following qualifications to accomplish their tasks:

— sufficient experience to identify species and fishing gear,

— satisfactory knowledge of the ICCAT conservation and management measures assessed by a certificate provided by the Member State and based on ICCAT training guidelines,

— the ability to observe and record accurately,

— a satisfactory knowledge of the language of the flag state of the vessel observed.

2. The observers shall not be crew members of the fishing vessel being observed and shall:

(a) be nationals of one of the CPCs;

(b) be capable of performing the duties set out in point 3;

(c) not have current financial or beneficial interests in the tropical tuna fisheries. Observer tasks 3. The observer tasks shall be, in particular:

(a) to monitor the fishing vessels' compliance with the relevant conservation and management measures adopted by the ICCAT Commission. In particular, the observers shall:

(i) record and report upon the fishing activities carried out;

(ii) observe and estimate catches and verify entries made in the logbook;

(iii) sight and record vessels which may be fishing in contravention of ICCAT conservation and management measures;

(iv) verify the position of the vessel when engaged in catching activity;

(v) carry out scientific work such as collecting Task II data when required by ICCAT, based on the directives from the ICCAT Standing Committee on Research and Statistics;

(b) to report without delay, with due regard to the safety of the observer, any fishing activity associated with FADs made by the vessel in the area and during the period referred to in Article 11;

(c) to establish general reports compiling the information collected in accordance with this point 3 and provide the master the opportunity to include therein any relevant information.

4. The observers shall treat as confidential all information with respect to the fishing and transhipment operations of the fishing vessels and accept this requirement in writing as a condition of appointment as an observer.

5. The observers shall comply with requirements established in the laws and regulations of the flag Member State which exercises jurisdiction over the vessel to which the observer is assigned.

6. The observers shall respect the hierarchy and general rules of behaviour which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this programme, and with the obligations set out in point 7. Obligations of the flag Member State 7. The responsibilities regarding observers of the flag Member States of the fishing vessels and their masters shall include, in particular, the following:

(a) the observers shall be allowed access to the vessel personnel and to the gear and equipment;

(b) upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set out in point 3:

(i) satellite navigation equipment;

(ii) radar display viewing screens when in use;

(iii) electronic means of communication;

(c) the observers shall be provided with accommodation, including lodging, food and adequate sanitary facilities, equal to those of officers;

(d) the observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties; and (e) the flag Member State shall ensure that masters, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe the observers in the performance of their duties.