What changed between the plenary report and the adopted text

Added:Member States shall ensure that their observer programmes or service providers have in place a dispute resolution process fair to all parties that provides a process to resolve issues through appropriate means, including through facilitation and mediation.

Removed:Regulation (EU) 2019/833

Added:Article 28n Observer safety

Removed:Article 3 – paragraph 1 – point 14, Article 50 – paragraph 2 – point s: (s) changes to the vessel activity list used by Member States according to Article 30.1.(d).

Added:1. Member States shall ensure that their observer programmes or service providers have in place procedures to support observers in their ability to carry out their duties unimpeded and in a safe working environment, including an established Emergency Action Plan (EAP). The EAP shall provide instructions on sending reports to the provider's designated 24-hour point(s) of contact to report unsafe conditions, including instances of harassment, intimidation or assault.

Removed:Regulation (EU) 2021/56

Added:2. Member States shall ensure that their observer programmes or service providers provide a permanent delegate or supervisor on land to communicate with the observer at any time while at sea.

Removed:Article 4 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point 24 a (new): (-1) In Article 3, the following point is added: / “24a. ‘Electronic Monitoring System’ or ‘EMS’ means an integrated system of hardware and software that supports acquisition of video footage of fishing activity, positional data and/or sensor, that allows the analysis and reporting of electronic monitoring records.”

Added:Article 28o Insurance and liability

Removed:Regulation (EU) 2021/56

Added:Member States shall ensure that observers deployed by their observer programmes or service providers have health, safety and liability insurance commensurate with the national standards in force in the Member State of the observer programme or service provider for such insurance for the duration of any deployment before placing the observer on a vessel.

Removed:Article 4 – paragraph 1 – point 1, Article 4 – paragraph 1a: 1a. Purse seine vessels that exceed their annual catch limit shall be subject to a longer closure period referred to in paragraph 1 during the following year, as follows: / (a) for purse seine vessels that exceeded the annual catch limit of 1,200 metric tons of bigeye tuna the closure period shall be increased by 10 days; / (b) for purse seine vessels that exceeded the annual catch limit of 1,500 metric tons of bigeye tuna the closure period shall be increased by 13 days; / (c) for purse seine vessels that exceeded the annual catch limit of 1,800 tons of bigeye tuna, the closure period shall be increased by 16 days; / (d) for purse seine vessels that exceeded the annual catch limit of 2,100 metric tons, the closure period shall be increased by 19 days; / (e) for purse seine vessels that exceeded the annual catch limit of 2,400 metric tons, the closure period shall be increased by 22 days; / 1aa. The additional days of closure pursuant to paragraph 1a shall be added, as appropriate, to the beginning of the closure for vessels observing the first period and to the end of the closure for vessels observing the second period, so that the closure of the first period shall always end on 8 October and the second period shall always begin on 9 November of each year.

Added:SECTION 2 Rights and duties of observers

Removed:Regulation (EU) 2021/56

Added:Article 28p Rights of observers

Removed:Article 4 – paragraph 1 – point 2, Article 4a – paragraph 1: Each Member State shall report to the Commission annually any by-catches of Pacific bluefin tuna. The Commission shall report this information annually to the IATTC Secretariat.

Added:1. Member States shall ensure that observers on board fishing vessels flying their flag enjoy the rights set out in this Article and that a copy of those rights is provided to the crew of such vessels or is prominently displayed on board.

Removed:Regulation (EU) 2021/56

Added:2. In fulfilling their tasks and duties, observers shall have the following rights on board Union fishing vessels:

Removed:Article 4 – paragraph 1 – point 3, Article 6 – paragraph 2a: 2a. Union purse seine vessels may deactivate a satellite buoy attached to a FAD only in the following circumstances: / (a) complete loss of signal reception; / (b) beaching; / (c) appropriation of a FAD by a third party; / (d) temporarily during a selected closure period; / (e) when outside of: / (i) the area between the meridians 150° W and 100° W, and the parallels 8° N and 10°S; / (ii) the area between the meridian 100° W and the coast of the American continent and the parallels 5° N and 15°S; or / (f) transfer of ownership.

Added:(a) freedom to carry out their duties without being assaulted, obstructed, delayed, intimidated or interfered with;

Removed:Regulation (EU) 2021/56

Added:(b) access to, and use of, all facilities and equipment of the vessel necessary to carry out the observer’s duties, including full access to the bridge, the catch before being sorted, processed catch and any bycatch on board, as well as areas which may be used to hold, process, weigh, and store fish, as the safety permits;

Removed:Article 4 – paragraph 1 – point 3, Article 6 – paragraph 2b: 2b. Union purse seine vessels may remotely reactivate a satellite buoy attached to a FAD at sea in the following circumstances: / (a) to assist in the recovery of a beached FAD; / (b) after a temporary deactivation during the closure period; or / (c) transfer of ownership while the FAD is at sea.

Added:(c) access to the vessel’s records, including logbooks, vessel diagrams and documentation, for reviewing records, assessment and copying, as well as access to navigational equipment, charts, and other information relating to fishing activities;

Removed:Regulation (EU) 2021/56

Added:(d) access to, and use of, communications equipment and personnel, upon request, for the entry, transmission, and reception of work-related data or information;

Removed:Article 4 – paragraph 1 – point 3, Article 6 – paragraph 2c: 2c. Union purse seine vessels shall report any deactivation or remote reactivation of a satellite buoy to the flag Member State in conformity with Annex II and III. The Member State shall send the reports to the Commission at monthly intervals with a time delay of at least 60 days, but no longer than 70 days after the deactivation or remote reactivation. The Commission shall send the reports to the IATTC Secretariat no later than 90 days after the deactivation or remote reactivation of satellite buoys.

Added:(e) reasonable use of the communication equipment on board to communicate with the observer programme on land at any time, including in emergencies;

Removed:Regulation (EU) 2021/56

Added:(f) access to additional equipment, if present, to facilitate the work of the observer while on board the vessel, such as high-powered binoculars, electronic means of communication, freezer space to store specimens, weighing scales;

Removed:Article 4 – paragraph 1 – point 3 a (new), Article 6 – paragraphs 5 and 6: (3a) Paragraphs 5 and 6 are deleted.

Added:(g) safe access to the working deck or hauling station, during net or line retrieval and access to specimens on deck (alive or dead) in order to collect samples;

Removed:Regulation (EU) 2021/56

Added:(h) unrestricted access to food, accommodation and sanitary facilities of a standard equivalent to those normally available to an officer on board the vessel, as well as medical facilities that meet international maritime standards;

Removed:Article 4 – paragraph 1 – point 4, Article 6a – paragraph 3: 3. The use of non- biodegradable materials, in particular nylon ropes, can be used exclusively to strengthen the structure of the floating or underwater component of the FAD of biodegradability categories I and II, as a temporary solution in the absence of the availability of a biodegradable alternative.

Added:(i) access to verify safety equipment on board (through a safety orientation tour provided by officers or crew) before the vessel leaves the dock;

Removed:Regulation (EU) 2021/56

Added:(j) unrestrained permission to record any pertinent information relevant for scientific purposes and data collection;

Removed:Article 4 – paragraph 1 – point 5, Article 7a – paragraph 2: 2. Member States shall transmit any changes to the list of designated points of contact and designated ports to the Commission at least 15 days before the changes take effect. The Commission shall forward that information to the IATTC Secretariat at least 7 days before the changes take effect.

Added:(k) the right to have a designated contact or supervisor on land to communicate with at any time while at sea;

Removed:Regulation (EU) 2021/56

Added:(l) the right to refuse deployment on board a fishing vessel for justified reasons, including where safety issues have been identified;

Removed:Article 4 – paragraph 1 – point 5, Article 7a – paragraph 3: 3. Masters of fishing vessels shall facilitate safe access to the fishing vessel, cooperate with the competent authority of IATTC designated ports, facilitate the inspection and communication and not obstruct, intimidate or interfere, or cause other persons to obstruct, intimidate or interfere with port inspectors in the execution of their duties.

Added:(m) the ability to communicate at any time the occurrence of safety issues to the vessel master, the authorities of the observer programme or service provider, the SPRFMO Secretariat and the flag Member State, as appropriate;

Removed:Regulation (EU) 2021/56

Added:(n) upon request by the observer, the right to receive reasonable assistance from the crew to perform the observer’s duties, including sampling, handling large specimens, releasing incidental specimens and taking measurements;

Removed:Article 4 – paragraph 1 – point 5, Article 7b – paragraph 3: 3. VMS equipment installed on vessels shall, at a minimum, be tamper evident (i.e., any attempts to tamper with the equipment will be detectable to the electronic monitoring service provider/vessel owner, and reported to the respective vessel flag authority), fully automatic for regular position data reporting, always operational regardless of environmental conditions, and capable of manual transmission of reports and messages.

Added:(o) privacy in the observer’s personal areas;

Removed:Regulation (EU) 2021/56

Added:(p) not performing duties assigned to the crew, such as gear handling (for fishing purposes) or offloading fish;

Removed:Article 4 – paragraph 1 – point 5, Article 7b – paragraph 5: 5. In the event of a technical failure or non-functioning of the satellite tracking device fitted on board a fishing vessel that prevents the reception of two consecutive transmissions, the vessel master shall commence manual transmission in accordance with paragraph 6 and the device shall be repaired or replaced within 30 days. This shall be applicable only where the competent authorities have exhausted all reasonable steps to ensure transmissions and there is no second functioning satellite tracking device on board.

Added:(q) not to have their data, records, documents, equipment or belongings accessed, harmed, or destroyed.

Removed:Regulation (EU) 2021/56

Added:3. In the event that an observer refuses to be deployed on board a Union fishing vessel, the competent authorities of the Member State of the observer programme or service provider under which the observer was to be deployed shall document the reasons for the refusal and transmit the information to the Commission. The Commission shall transmit that information to the SPRFMO Secretariat.

Removed:Article 4 – paragraph 1 – point 5, Article 7c – paragraph 1: deleted

Added:Article 28q Duties of observers

Removed:This definition was moved to Article 3 of Regulation (EU) 2021/56

Added:1. Member States shall ensure that, before boarding a Union fishing vessel, observers deployed by their observer programmes or service providers:

Removed:Regulation (EU) 2021/56