http://www.legislation.gov.uk/eur/2019/833/chapter/VIRegulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/2007Regulation (EU) 2019/833 of the European Parliament and of the CouncilRegulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/20072020-12-11King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R0833texttext/xmlen2019-05-20 CHAPTER VI <Strong>OBSERVER SCHEME</Strong> Observer programme Article 27 1 Observers shall be independent and impartial, and have the training, knowledge, skills and abilities to perform all of the duties, functions and requirements as specified in this Article. Observers shall execute their duties and functions in an unbiased manner regardless of nationality and of which flag the vessel is flying, and shall be free from undue influence or benefit linked to the fishing activity of any vessel fishing in the Regulatory Area. 2 Without prejudice to the exception in paragraph 3, each fishing vessel, while conducting fishing activities in the Regulatory Area, shall carry at all times at least one observer in accordance with the provisions of the observer programme. A fishing vessel shall not commence fishing until the observer is deployed on the fishing vessel. The failure to carry an observer if required shall be considered a serious infringement. 3 By way of derogation from paragraph 2, and provided that NAFO has not requested a higher observer coverage level, a Member State may allow fishing vessels flying its flag to carry an observer for less than 100 %, but not less than 25 % of the fishing trips conducted by its fleet, or of the days the fishing vessels are present in the Regulatory Area during the year, on the condition that the flag Member State, for the vessels not carrying an observer: a ensures that the vessels concerned target species in areas where negligible by-catch of other species is expected to occur; b ensures that the vessel complies with all real-time reporting requirements; c physically inspects or otherwise evaluates as appropriate, following risk assessment, each landing in its ports by the vessel concerned according to national monitoring, control and surveillance procedures. If any infringement to this Regulation is detected and confirmed, it shall prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation and transmit it to the Commission as soon as possible after the infringement has been confirmed; d as early as possible in advance of the fishing trip, transmits to the Commission the following information: the name, IMO number, and international radio call sign of the vessel; the factors that support the decision to grant the derogation from the 100 % coverage; e submits to the Commission by 15 February each year, for the previous calendar year, a report containing a comparison of all relevant fishing activities showing the difference between the trips where the vessel had an observer on board and those where the observer was withdrawn. The Commission shall transmit that information to the NAFO Executive Secretary by 1 March each year. 4 Where an inspector issues a notice of an infringement to a fishing vessel that is not carrying an observer, except where the absence of an observer is in accordance with paragraph 3, at the time of the notice, the infringement shall be deemed a serious infringement for the purpose of Article 35(1) and, where the flag Member State does not require the fishing vessel to proceed immediately to port in accordance with Article 35(3), it shall assign an observer to the fishing vessel without delay. 5 Each Member State shall: a each year, before the vessels flying its flag start fishing in the Regulatory Area, send to the Commission an updated list of observers (name and ID if applicable) that it intends to deploy on vessels flying its flag operating in the Regulatory Area; b require vessels flying its flag to carry an observer from the list referred to in point (a), in accordance with the observer programme; c to the extent practicable, ensure that individual observers are not deployed on consecutive trips on the same vessel; d ensure that observers are equipped with an independent two-way communication device at sea; e take appropriate action with respect to vessels flying its flag to ensure safe working conditions, the protection, security and welfare of observers in the performance of their duties, consistent with international standards or guidelines; f ensure that the observers treat all data and information relating to the fishing operations collected during their deployment, including images and videos taken, in accordance with applicable confidentiality requirements. 6 Upon the receipt of an observer report from an observer reporting discrepancies with the CEM or an incident, including any instances of obstruction, intimidation, interference, or otherwise prevention of the observer from performing his or her duties, concerning a vessel flying its flag, a Member State shall: a treat the report with utmost sensitivity and discretion, in accordance with applicable confidentiality requirements; b assess discrepancies identified in the observer report and conduct any follow-up action deemed appropriate; c create a report on follow-up actions and submit it to the Commission. 7 Each Member State shall provide to the Commission: a not later than 24 hours in advance of an observer's deployment on board a fishing vessel, the name of the fishing vessel and international radio call sign, together with the name and ID (if applicable) of the observer concerned; b electronically and without delay following its receipt, the daily observer report referred to in point (e) of paragraph 11; c within 20 days following the arrival of the vessel in port, the observer trip report referred to in paragraph 11; d by 15 February each year for the previous calendar year, a report on its compliance with the obligations set out in this Article. 8 If a fishing vessel is carrying an observer from another Member State or NAFO Contracting Party, that observer shall report to the vessel's flag Member State. 9 If a fishing vessel required to carry an observer is not carrying one, the flag Member State may allow any other Contracting Party to deploy an observer on the vessel. 10 If, during deployment, it is determined that a serious risk to the observer exists, the flag Member State shall take steps to ensure that the observer is removed from the vessel unless and until the risk is addressed. 11 An observer deployed on a vessel shall, at a minimum, perform the duties listed below: a record for each haul/set, in the format indicated in Annex II.M to the CEM referred to in point 35 of the Annex of this Regulation (‘the observer trip report’): the quantity of all catch, by species, including for discards and VME indicator species as referred to in Part VI of Annex I.E to the CEM referred to in point 3 of the Annex to this Regulation: as recorded in the vessel fishing and production logbooks, as estimated independently by the observer. For hauls where independent observer estimations are not possible, the relevant data cells should be left blank and noted in the comments section; any discrepancy identified between the different sources of catch data; gear type, mesh size, attachments; effort data; longitude and latitude, fishing depth; in the case of trawl fisheries, the time from the end of setting to the start of gear retrieval. In any other case, the start of setting and the end of retrieval; b monitor the vessel's stowage plan referred to in Article 25, and record in the observer report any discrepancies identified; c record any observed interruption of or interference with the VMS; d only set vessel's instruments with the master of the vessel's agreement; e transmit daily, whether the vessel is fishing or not, before 12:00 UTC to the FMC of the flag Member State, in accordance with Annex II.G to the CEM referred to in point 36 of the Annex to this Regulation, the observer report, by Division; f perform such work, including for scientific purposes, as NAFO may request; g submit the observer report, in a computer readable form, where possible with the associated images taken by the observer as attachment: as soon as possible after leaving the Regulatory Area and at the latest at arrival of the vessel in port, to the flag Member State; immediately upon arrival in port, to the local port inspection authority if an inspection in port occurs; h make themselves available to inspectors at sea, or in port upon arrival of the vessel, for the purposes of investigating the fishing activities of the vessel; i referring to any incidents of non-compliance with this Regulation: report without delay to the competent authority of the flag Member State of the vessel, any discrepancy with this Regulation, including any instances of obstruction, intimidation, interference or otherwise prevention of the observer from performing his or her duties, using the independent two-way communication device; and maintain detailed records, including relevant images and video footage, of any circumstances and information relating to any instances of discrepancies with this Regulation, for transmission to the FMC of the flag Member State at the earliest opportunity, and at the latest upon arrival of the vessel in port. 12 The master of the vessel flying the flag of a Member State shall: a extend such cooperation and assistance as may be required to enable the observer to carry out his or her duties. This cooperation shall include providing the observer with such access as may be required to the catch, including such catch as the vessel may intend to discard; b provide food and accommodation to the observer of a standard no less than that provided to the vessel's officers. If officers' accommodation is not available, the observer shall be provided accommodation of a standard as close to an officer's as practicable but not less than that provided to the crew; c provide access to all operational areas of the vessel necessary for the observer to complete his or her duties, including the vessel's hold(s), production area(s), bridge, garbage processing equipment and navigation and communication equipment; d not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an observer in the performance of his or her duties; e include the observer in all emergency drills conducted on-board; and f notify the observer when an inspection party has signalled their intent to board the vessel. 13 Unless otherwise arranged with another NAFO Contracting Party or flag Member State, each Member State shall bear the costs of remunerating the observers it has deployed. The flag Member State may allow fishing operators to contribute to the costs of remunerating observers without prejudice to paragraph 14. 14 Observers shall not have financial or beneficial interest in, and shall be paid in a manner that demonstrates financial independence from, any vessel fishing in the Regulatory Area. 15 The information that Member States are required to provide in accordance with points (c) and (d) of paragraph 3, point (a) of paragraph 5, point (c) of paragraph 6 and paragraph 7 shall be transmitted to the Commission or a body designated by it, which shall ensure that this information is transmitted to the NAFO Executive Secretary without delay, for posting on the NAFO MCS website.