Article 73 Control observers
United Kingdom
Where a F1... control observer scheme has been established by F2a fisheries administration, control observers on board fishing vessels shall verify the fishing vessel’s compliance with F3Fisheries Rules. They shall implement all the tasks of the observer scheme and in particular verify and record the vessel’s fishing activities and relevant documents.
Control observers shall be qualified for their tasks. They shall be independent of the owner, the master of the fishing vessel and any crew member. They shall not have any economic link with the operator.
As far as possible, control observers shall ensure that their presence on board fishing vessels does not hinder or interfere with the fishing activities and the normal operations of the vessel.
In the event a control observer notices a serious infringement, he shall inform without delay the competent authorities of F4a fisheries administration.
Control observers shall draw up an observer report, if possible electronically, and forward it without delay, using if deemed necessary electronic means of transmission on board the fishing vessel, to their competent authorities and to the competent authorities of the F5flag state. F6A fisheries administration must insert the report in the database referred to in Article 78.
In the event that the observer report indicates that the vessel observed has engaged in fishing activities contrary to F7Fisheries Rules, the competent authorities referred to in paragraph 4 shall take all appropriate action to investigate the matter.
Masters of F8United Kingdom F9fishing vessels shall provide adequate accommodation for assigned control observers, facilitate their work and avoid interference with the discharge of their duties. Masters of United Kingdom fishing vessels shall also provide control observers access to relevant parts of the vessel, including the catch, and to the vessel’s documents including electronic files.
All costs arising from the operation of control observers in respect of United Kingdom fishing vessels shall be borne by a fisheries administration. A fisheries administration may charge those costs, in part or in full, to the operators of United Kingdom fishing vessels involved in the relevant fishery.
A fisheries administration may make regulations specifying detailed rules for the application of this Article.
Annotations
Textual amendments
- F1
Word in Art. 73(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 73(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 73(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 73(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 73(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in Art. 73(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in Art. 73(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(d); 2020 c. 1, Sch. 5 para. 1(1)
- F8
Words in Art. 73(7) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(e); 2020 c. 1, Sch. 5 para. 1(1)
- F9
- F10
Art. 73(8) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(72)(f); 2020 c. 1, Sch. 5 para. 1(1)
- F11
Art. 73(9) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 27(22); 2020 c. 1, Sch. 5 para. 1(1)