TITLE V SURVEILLANCE

CHAPTER II Control observers

Article 93 General rules concerning control observers
1. Without prejudice to special rules established by a Regional Fisheries Management Organisation or agreed with a third country, United Kingdom fishing vessels identified for the application of a control observer scheme shall carry at least one control observer on board during the time fixed by the scheme.
Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
Words in Art. 93(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(71)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. A fisheries administration must designate control observers and ensure they are able to carry out their tasks. A fisheries administration must ensure in particular the deployment of control observers to and from the United Kingdom fishing vessel concerned.
Words in Art. 93(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(71)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 93(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(71)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
3. Control observers shall not perform other tasks than those established Article 73 of the Control Regulation and in Article 95 of this Regulation unless other tasks are to be performed pursuant to the ... control observer scheme or as a part of an observer programme under the scope of a Regional Fisheries Management Organisation or established in the framework of a bilateral agreement with a third country.
Word in Art. 93(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(71)(c); 2020 c. 1, Sch. 5 para. 1(1)
4. The competent authorities shall ensure that for the purposes of their mission control observers have means of communication independent from the communication system of the fishing vessel.
5. These rules do not affect the powers of the master of the fishing vessel as being in sole charge of the operations of the vessel.

Article 94 Independence of control observers
In order to be independent from the owner, the operator, the master of the United Kingdom fishing vessel and any crew member, as prescribed by Article 73(2) of the Control Regulation, control observers shall not be:
a relative or an employee of the master of the United Kingdom fishing vessel or any other crew member, the representative of the master or the owner or the operator of the United Kingdom fishing vessel to which he is assigned,
an employee of a company controlled by the master, a crew member, the representative of the master or the owner or the operator of the United Kingdom fishing vessel to which he is assigned.
Words in Art. 94 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(72); 2020 c. 1, Sch. 5 para. 1(1)

Article 95 Duties of control observers
1. Control observers shall verify the relevant documents and record the fishing activities of the United Kingdom fishing vessel in which they are embarked as are listed in Annex XXV.
Words in Art. 95 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(73)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. Control observers on board a United Kingdom 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 United Kingdom fishing vessel so allow and where appropriate the brief shall take place in a closed meeting.
3. Control observers shall draw up the report referred to in Article 73(5) of the Control Regulation using the format established in Annex XXVI. They shall forward that report without delay and in any case within 30 days following completion of an assignment to his authorities and to the competent authorities of a fisheries administration. ....
Words in Art. 95(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(73)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 95(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(73)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 96 Pilot projects
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Deleted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.