Annexes to COM(2014)451 - Enhanced cooperation across maritime surveillance authorities: next steps within the Common Information Sharing Environment for the EU maritime domain

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agreements between national authorities.

The Commission will also, by 2018, launch a review process to assess the implementation of a Maritime CISE and the need for further action.

The Commission emphasises that it is the responsibility of Member States to ensure the effective surveillance of waters under its sovereignty and jurisdiction, and on the high seas, if relevant. Ensuring the operational exchange of maritime surveillance information services between these authorities is the responsibility of Member States, in some instances EU agencies can facilitate and support this process. Therefore, the operational aspects of such information exchange needs to be decentralised to a large extent to national authorities in line with the principle of subsidiarity.

At the same time, action is also necessary at EU level since information exchange also has a transnational component which normally entails co-operation at regional or sea basin level. Moreover, rules and conditions for sharing of some information are already regulated at EU level.  The role of the Commission should therefore be, in addition to its role of ensuring the implementation and functioning of the Union legislation already in place, to continue to act as facilitator and co-ordinator of the Maritime CISE process to further enhance and promote relevant information exchange in particular between civil and military authorities involved in maritime surveillance and to ensure interoperability of maritime surveillance systems at EU level, building on existing systems and solutions, without creating a new system.

5. Conclusion

Maritime CISE is an important building block of the envisaged EU Maritime Security Strategy and fulfils its principles and objectives as a cross sectorial, coherent and cost efficient initiative. It is essential to support maritime surveillance activities in the EU maritime domain. Further work will continue to adhere to the overriding principles of avoiding duplication and using efficient and cost-effective solutions, be based on the actions outlined in this Communication and on the significant experience of all the authorities and functions in the Member States and relevant Agencies. At this stage, the Commission does not see a need to put in place a cross-sector legislative initiative.

The implementation of Maritime CISE will continue to require work both at EU and national level.

Action will have to be taken at national level to ensure that such information exchange can take place between the relevant authorities, in particular between civilian and military authorities. The Commission therefore encourages Member States to learn from each other and to draw inspiration from the experiences made in putting in place national co-ordination mechanisms already introduced in several countries, and to implement a common information sharing environment in the maritime domain at national level in line with the approach developed at EU level in the framework of Maritime CISE and by drawing the full benefits from the existing information exchange mechanisms.

The Commission invites the European Parliament and the Council to provide political guidance and confirm their willingness to support the proposals set out in this Communication.

[1]              Joint Communication by the Commission and the EEAS of 6 March 2014. Join (2014) 9 final.

[2]              Com (2009) 538 final and Com (2010)584 final.

[3]              See for example the so called Limassol declaration adopted in 2013 by European ministers and endorsed by the council of ministers and to council conclusions on maritime surveillance 2009-2013 also referred to in the impact assessment.

[4]              Directive (EC) No 46/1995, Council Framework Decision 2008/977/JHA and Regulation (EC) No 45/2001.

[5]              Maritime surveillance information which is subject to data protection rules is for example information of captain and other crew members on a vessel. In such cases, data can only be exchanged for very specific purposes and should be limited, in accordance with the principle of data minimisation, to situations where there is a defined operational need.

[6]              Interoperable means that information can be sent automatically from the system of one maritime surveillance authority to another.

[7]              Reports of preparatory actions and projects referred to in section 3.

[8]              SafeSeaNet, CleanseaNet, EU LRIT Data Centre and, THETIS

[9]              Commission Decision 2009/584/EC

[10]             Directive (EU) No 65/2010.

[11]             Regulation (EU) No 952/2013.

[12]             Regulation (EU) No 1380/2013

[13]             www.emodnet.eu

[14]             www.bluemassmed.net, www.marsuno.eu, http://www.coopp.eu/

[15]             France, Greece, Italy, Malta, Portugal and Spain.

[16]             Sweden, Belgium, Estonia, Finland, France, Germany, Latvia, Lithuania, Norway and Poland with Russia as observer

[17]             Finland, Bulgaria, Estonia, France, Germany, Ireland, Norway, Portugal, Romania, Sweden and Spain.

[18]             I.e. a  list of terms, meanings, naming conventions, formats of data and relationships between data

[19]             Instant messaging, video streaming, video and audio-conferencing.

[20]             A common hurdle identified through preparatory actions is that the mandate of Maritime surveillance officials in Member States is limited to one sectorial function, thereby preventing them co-operating and exchanging information with other authorities. The Commission will therefore promote the removal of these legal limitations at national level.