Changes from report parliamentary committee draft to plenary report

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

Moved to paragraph 1(b)

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point c: (c) maintain independence and impartiality at all times while on duty;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point d: (d) comply with the laws and regulations of the Member State whose flag the vessel is flying;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point e: (e) respect the hierarchy and general rules of behaviour that apply to the vessel personnel;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point f: (f) perform duties in a manner that does not unduly interfere with the operations of the vessel and, while carrying out their functions, give due consideration to the operational requirements of the vessel and communicate regularly with the master of the vessel;

Regulation (EU) 2018/975

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point h: (h) communicate regularly with the vessel master on relevant observer issues and duties;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point i: (i) refrain from actions that could negatively affect the image of the observer programme or service provider;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point j: (j) adhere to any required codes of conduct for observers, including any applicable laws and procedures;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point k: (k) communicate as regularly as is required with the programme managers or observer programme coordinator on land;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point l: (l) comply with any SPRFMO CMMs whose provisions are directly applicable to observers;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point m: (m) respect privacy in the master and crew areas.

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Section 3 – title: Rights and duties of Union fishing vessel operators and masters

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – introductory part: Vessel operators and masters of fishing vessels shall respect the rights of observers set out in Article 28p and:

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point c: (c) install and maintain, as a complementary monitoring tool, functioning electronic monitoring systems or devices throughout the selected fishing trips;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point e: (e) ensure that vessels operating in the SPRFMO Convention Area include and provide adequate space on deck or in the processing area for the observer to conduct bycatch sampling or other sampling as needed as well as other observer duties, in a safe manner that limits interference with vessel operations, with a dedicated sample station and other equipment such as scales;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point h: (h) inform the crew regarding the timing and objectives of the observer programme and schedule for observer boarding, as well as their responsibilities when an observer boards the vessel;

Regulation (EU) 2018/975

Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point m: (m) allow and assist full access to and use of all facilities and equipment of the vessel that is necessary for the observer to carry out his or her duties, including but not limited to full access to the bridge, processed catch and any bycatch on board, as well as areas which may be used to hold, process, weigh and store fish;

Regulation (EU) 2018/975

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

Repetition of subparagraph (e)

Regulation (EU) 2018/975

Article 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;

Regulation (EU) 2018/975

Article 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:

Regulation (EU) 2018/975

Article 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;

Regulation (EU) 2018/975

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

Regulation (EU) 2018/975

Article 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;

Regulation (EU) 2018/975

Article 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

Regulation (EU) 2018/975

Article 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.

Regulation (EU) 2018/975

Article 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.

Regulation (EU) 2018/975

Article 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.

Regulation (EU) 2018/975

Article 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.

Regulation (EU) 2018/975