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May 2013


European Commission DG MARE















The Development of CISE of the Surveillance of the EU Maritime Domain and their related impact assessment

Draft interim report - legal

MApping use groups based on legal barriers, NEED to know and responsibility to share (WSP 1.1)

Defining legal general and specific legal barriers and EU right to act (WSP 1.2) REVISED 24 May 2013 BASED ON THE COMMENTS RECEIVED 3 May 2013





Address COWI A/S
Parallelvej 2
2800 Kongens Lyngby
Denmark
Tel +45 56 40 00 00

Fax +45 56 40 99 99

www cowi.com

Project No. A026534-015

Document no. 1

Version 3

Date of issue 24 MAY 2013

Prepared RSHE, SASY

Checked KORI

Approved RSHE
May 2013

European Commission DG MARE

The Development of CISE of the Surveillance of the EU Maritime Domain and their related impact assessment

MApping use groups based on legal barriers, NEED to know and responsibility to share (WSP 1.1)

Defining legal general and specific legal barriers and EU right to act (WSP 1.2)

Contents


Executive summary 7

1Introduction 10

General introduction 11

The legal approach - the objective of this report 13

Methodology 14

Most appropriate options for portraying CISE participation 17

2Current Access Rights, Responsibilities and Legal Barriers 21

User Group definitions and functions in maritime surveillance 22

Rights, Responsibilities and Legal Barriers 24

3EU Right to Act 100

Subsidiarity assessment 101

Proportionality 103

Coherency 104

The legal basis 105

Opt-in and opt-out - Defence and justice cooperation 110

The Charter of Fundamental Rights 111

4The Legal Function of the CISE 112

Architecture visions 113

Policy option 1 No EU action 114

Policy option 2: Make recommendations to overcome obstacles 116

Policy option 3: Remove obstacles by legislative acts 118

Policy 4: Remove obstacles by legislative act combined with a co-operative way for voluntary but effective data exchange 120

Policy option 5: Remove obstacles by legislative act and legal imposition of exchange of information - a CISE legal framework 121

Annex 1: Mapping of rights, responsibilities and barriers – EU and international legislation 123

Annex 2: Mapping of rights, responsibilities and barriers - existing CISE Studies 189

Annex 3: Responsible authorities within the different functions 198

1) Border control 199

3) Defence 201

4) Fisheries control 202

5) General law enforcement 204

6) Pollution response and marine environment 205

7) Maritime safety & security 209

Annex 4: CISE Legislation and Research list 217

Annex 5: Proposed elements of a CISE Legal framework 228

Preamble, objectives and principles 229

Definitions 231

Institutional architecture 232

Sharing data - amongst partners and third party 233

Use of instruments and existing sectoral legislation 235

Revision and use of Comitology 236


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