Changes from plenary report to adopted text

Added5. Member States shall document and provide information on the methods used to allocate observers on fishing vessels flying their flag to meet the observer coverage requirements. Member States shall report that information to the Commission in their annual scientific report covering the previous year.

RemovedArticle 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point q: deleted

Added6. Member States intending to deploy observers from the ▌ observer programme of another ▌ Contracting Party or CNCP shall inform the Commission before such deployment. The Commission shall seek the consent of ▌ the Contracting Party or CNCP and inform the relevant Member State.

RemovedRepetition of subparagraph (e)

AddedMember States intending to deploy observers from the accredited observer programme of another Member State shall inform the Commission before such deployment.

RemovedRegulation (EU) 2018/975

Added7. Union scientific research vessels fishing for research purposes shall be exempted from the obligation to carry accredited observers on board, unless they are engaged in an exploratory fishery. The flag Member States of scientific research vessels fishing for research purposes, and not engaged in an exploratory fishery, shall comply with the data collection and reporting requirements laid down in Annex X and Article 28a, and shall ensure that scientific personnel on board possess the capacity to perform in full all the observation and reporting responsibilities contained in those requirements.

RemovedArticle 2 – paragraph 1 – point 13, Article 28t – paragraph 1 – point l: (l) safe places to work on deck or in the processing area and safety equipment required;

AddedArticle 28a Observer data reporting

RemovedRegulation (EU) 2018/975

Added1. By 15 September of each year, Member States whose vessels fish in the SPRFMO Convention Area shall provide the applicable observer data set out in Annex X covering the previous calendar year to the Commission. The Commission shall forward that information to the SPRFMO Secretariat by 30 September of each year.

RemovedArticle 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – introductory part: 1. Member States shall ensure that, if an observer passes away, is missing or presumed fallen overboard, fishing vessels flying their flag shall:

Added2. Not later than 45 days before the SPRFMO Scientific Committee meeting, Member States whose vessels fish in the SPRFMO Convention Area shall provide an annual report on the implementation of the observer programme covering their fishing activity in the previous year. The report shall include observer training, programme design and coverage, the type of data collected, details of any service providers used, and any problems encountered during the year. The Commission shall forward that information to the SPRFMO Secretariat not later than 30 days before the SPRFMO Scientific Committee meeting.

RemovedRegulation (EU) 2018/975

AddedArticle 28b Observer programme accreditation

RemovedArticle 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – point b: (b) immediately commence search and rescue if the observer is missing or presumed fallen overboard, and searches for at least 72 hours, unless the observer is found sooner, or unless instructed by their flag Member State or competent search and rescue authorities to continue searching;

Added1. Member States seeking to accredit their observer programme shall submit to the Commission, at least seven months in advance of the annual meeting of the SPRFMO Commission at which they wish the accreditation to be considered, all the relevant information and documentation to fulfil the standards provided for in Articles 28c to 28o, including manuals, guides and training materials, and, where relevant, information about national programmes and service providers already accredited by other Regional Fisheries Management Organisations. The Commission shall forward that information to the SPRFMO Secretariat at least six months in advance of the annual meeting of the SPRFMO Commission.

RemovedRegulation (EU) 2018/975

Added2. Member States shall provide the Commission with additional information and corrections relevant to their observer programme as needed. The Commission shall forward that information to the SPRFMO Secretariat.

RemovedArticle 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – point c: (c) immediately notify their flag Member State and competent search and rescue authorities;

Added3. The Commission shall forward to the Member States the draft preliminary evaluation report of their observer programme for comments, and shall forward any comments to the SPRFMO Secretariat.

RemovedRegulation (EU) 2018/975

Added4. The Commission shall inform the Member State concerned of the SPRFMO decision regarding the accreditation of its observer programme.

RemovedArticle 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – point g: (g) irrespective of the search results, return for further investigation to the nearest port, as determined by the competent authorities, or as agreed by the flag Member State and the SPRFMO Contracting Party or CNCP, Member State observer programme or service provider under whose observer programme the observer is deployed;

AddedArticle 28c Impartiality, independence, and integrity

RemovedRegulation (EU) 2018/975

Added1. Member States shall ensure that their observer programmes and service providers only deploy independent and impartial observers. This means that neither the observer programme or service provider, as the case requires, nor the individual observers, have a direct financial interest, ownership or business links with vessels, processors, agents and retailers involved in the catching, taking, harvesting, transporting, processing or selling of fish or fish products.

RemovedArticle 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – point h: (h) provide a report on the incident to their flag Member State, which shall transmit it to the Commission, the observer providers and competent authorities depending on the incident; and

Added2. The Member States shall ensure that their observer programmes and service providers, and the individual observers do not:

RemovedRegulation (EU) 2018/975

Added(a) have a direct financial interest, other than the provision of observer services, in the fisheries under the purview of SPRFMO, including:

RemovedArticle 2 – paragraph 1 – point 17 – point a, Article 35 – paragraph 2: 2. The competent authorities of the port Member State shall forward a copy of the inspection report and the evidence collected during the inspection to the Commission, or the body designated by it, as soon as possible and in any case within five working days of completion of the inspection, and, to the extent practicable, ensure the safekeeping of the evidence. The Commission, or the body designated by it, shall transmit the inspection report and any evidence to the SPRFMO Secretariat and to the flag Member State or SPRFMO Contracting Party or CNCP point of contact without delay.

Added(i) any ownership, mortgage holder, or other secured interest in a vessel or processor involved in the catching, taking, harvesting or processing of fish;

RemovedRegulation (EU) 2018/975

Added(ii) any business selling supplies or services to any vessel or processor in the fishery;

RemovedArticle 2 – paragraph 1 – point 18, Article 35a – paragraph 2: 2. The Commission, or the body designated by it, may notify the SPRFMO Commission that the high seas boarding and inspection provisions of the SPRFMO shall apply in their entirety, mutatis mutandis, as between the Union and a fishing entity.

Added(iii) any business purchasing raw or processed products from any vessel or processor in the fishery;

RemovedRegulation (EU) 2018/975

Added(b) solicit or accept, directly or indirectly, any gratuity, gift, favour, entertainment, inordinate accommodation, loan or anything of monetary value from anyone who either conducts activities that are regulated by a Contracting Party or CNCP connected with its services or SPRFMO, or has interests that may be substantially affected by the performance or non-performance of the observer’s official duties;

RemovedArticle 2 – paragraph 1 – point 18, Article 35a – paragraph 3: 3. The Commission, or the body designated by it, shall notify Member States of the authorised inspection vessels and authorities of the inspection vessels included on the SPRFMO register of authorised inspection vessels and authorities of the inspection vessels, and any updates thereto.

Added(c) serve as an observer on any vessel or at any processors owned or operated by a person who previously employed the observer in another capacity within the last three years (for example as a crew member); and,

RemovedRegulation (EU) 2018/975

Added(d) solicit or accept employment as a crew member or an employee of a vessel or processor while employed by the Member State observer programme or service provider.

RemovedArticle 2 – paragraph 1 – point 18, Article 35b – paragraph 3: 3. The flag Member State shall direct the master to accept boarding and inspection except in those cases where relevant international measures, procedures, and practices relating to safety at sea make it necessary to delay the boarding and inspection. If the master does not comply with such direction, the flag Member State shall suspend the vessel’s authorisation to fish and order the vessel to return immediately to the port indicated by the authorised inspection vessels or authorities of the inspection vessels, or the nearest port, or a port indicated by the flag Member State.

AddedArticle 28d Observer qualifications

RemovedRegulation (EU) 2018/975

AddedMember States shall ensure that observers that are recruited into their observer programme or deployed by their service providers have:

RemovedArticle 2 – paragraph 1 – point 18, Article 35b – paragraph 4: 4. The flag Member State shall immediately notify the Commission, or the body designated by it, of the action it has taken in the circumstances referred to in paragraph 3. The Commission, or the body designated by it, shall send this information to the authorities of the inspection vessel and the SPRFMO Commission without delay.

Added(a) relevant education or technical training and/or experience for the fleets concerned;

RemovedRegulation (EU) 2018/975

Added(b) the ability to fulfil the observer duties described in this Section;

RemovedArticle 2 – paragraph 1 – point 18, Article 35c – paragraph 1 – introductory part: 1. For the purposes of this Regulation, a serious infringement shall include the following infringements of this Regulation or the SPRFMO Convention:

Added(c) no record of convictions calling into question the integrity of the observer or indicating a propensity towards violence; and

RemovedRegulation (EU) 2018/975

Added(d) the ability to obtain all necessary documentation, including passports and visas.

RemovedArticle 2 – paragraph 1 – point 18, Article 35c – paragraph 1 – point e: (e) intentional taking or retention of species in contravention of this Regulation or the SPRFMO Convention;

AddedArticle 28e Observer training

RemovedRegulation (EU) 2018/975

Added1. Member States shall ensure that observers in their observer programmes or deployed by their service providers are adequately trained before their deployment. Training shall include the following:

RemovedArticle 2 – paragraph 1 – point 18, Article 35c – paragraph 1 – point j: (j) multiple infringements which taken together constitute a serious disregard of this Regulation or the SPRFMO Convention;