1.The surveillance reports referred to in Article 71(3) and (4) of the Control Regulation shall be established in accordance with Annex XXIII to this Regulation.
F12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.The data from the reports shall be [F2retained] for at least 3 years.
4.Upon receipt of a surveillance report as referred to in paragraph 1 [F3a fisheries administration must], as soon as possible, initiate an investigation on the activities of [F4United Kingdom fishing vessels] to which the surveillance report refers.
5.Paragraph 1 shall apply without prejudice to the rules adopted by Regional Fisheries Management Organisations to which the [F5United Kingdom] is a contracting party.
Textual Amendments
F1Art. 92(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(70)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 92(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(70)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 92(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(70)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 92(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(70)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 92(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(70)(d); 2020 c. 1, Sch. 5 para. 1(1)
1.Without prejudice to special rules established by a Regional Fisheries Management Organisation or agreed with a third country, [F6[F7United 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.
2.[F8A fisheries administration must] designate control observers and ensure they are able to carry out their tasks. [F8A fisheries administration must] ensure in particular the deployment of control observers to and from the [F6[F9United Kingdom] fishing vessel] concerned.
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 F10... 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.
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.
Textual Amendments
F6Substituted 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.
F7Words 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)
F8Words 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)
F9Words 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)
F10Word 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)
In order to be independent from the owner, the operator, the master of the [F6[F11United 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 [F6[F11United Kingdom] fishing vessel or any other crew member, the representative of the master or the owner or the operator of the [F11United 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 [F6[F11United Kingdom] fishing vessel] to which he is assigned.
Textual Amendments
F6Substituted 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.
F11Words 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)
1.Control observers shall verify the relevant documents and record the fishing activities of the [F6[F12United Kingdom] fishing vessel] in which they are embarked as are listed in Annex XXV.
2.Control observers on board [F6a] [F6[F12United 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 [F12United 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 [F13a fisheries administration]. F14....
Textual Amendments
F6Substituted 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.
F12Words 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)
F13Words 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)
F14Words 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)
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Textual Amendments
F15 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.