CHAPTER I — Surveillance reports
Information to be recorded in the surveillance report
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.
2. Member States shall upload the data contained in their surveillance reports into the electronic database referred to in Article 78 of the Control Regulation and provide for the functionalities referred to in Annex XXIV No 2 to this Regulation. The minimum information recorded in this database shall be that indicated in Annex XXIII. Paper surveillance reports may also additionally be scanned into the database.
3. The data from the reports shall be kept available in the database for at least 3 years.
4. Upon receipt of a surveillance report as referred to in paragraph 1 the flag Member State shall, as soon as possible, initiate an investigation on the activities of its 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 European Union is a contracting party.
CHAPTER II — Control observers
General rules concerning control observers
1. Without prejudice to special rules established by a Regional Fisheries Management Organisation or agreed with a third country, EU 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. Member States shall designate control observers and ensure they are able to carry out their tasks. Member States shall ensure in particular the deployment of control observers to and from the EU 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 EU 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.
Independence of control observers
In order to be independent from the owner, the operator, the master of the EU fishing vessel and any crew member, as prescribed by Article 73(2) of the Control Regulation, control observers shall not be:
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a relative or an employee of the master of the EU fishing vessel or any other crew member, the representative of the master or the owner or the operator of the EU fishing vessel to which he is assigned,
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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 EU fishing vessel to which he is assigned.
Duties of control observers
1. Control observers shall verify the relevant documents and record the fishing activities of the EU fishing vessel in which they are embarked as are listed in Annex XXV.
2. Control observers on board an EU 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 EU 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 the flag Member State. Their competent authorities shall make the report available, on request, to the coastal Member State, the Commission or the body designated by it. Copies of reports made available to other Member States may not include the locations where the catches were taken in respect of start and finish positions of each fishing operation, but may include daily totals of catch in kilograms live weight equivalent by species and ICES division or other zone as appropriate.
Pilot projects
The Union may provide financial assistance for carrying out pilot projects involving the deployment of control observers in accordance with Article 8(a)(iii) of Regulation (EC) No 861/2006.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
