European Commission dg mare

Executive summary

CISE corresponds to EU trend on information networking

It also corresponds to the general EU and international regulatory trend that information sharing is a fundamental key for the European decision makers to overcome the challenges associated with new policy making.

The analysis of CISE related legislation, projects and studies emphasises this trend. Exchange of information allows access to data and knowledge, which otherwise is inaccessible for the individual actors. In addition, information networking is a recognised tool in stimulating knowledge and learning processes particular in areas of regulatory complexity. This is in particular relevant for the development of a common EU integrated maritime policy. It is an area of high complexity. It is also an area with large amounts of existing information, however widely scattered by many user communities, and it is an area in need of a common approach, as MS share virtually the same problems and EU policy goals.

Legal barriers

The analysis of the current legislative regime governing the maritime area indicates that options for information sharing exist despite the identified legal barriers, however in a predominately sectoral orientation.

The overall picture is that there are options for CISE initiatives within the current legal framework but also a potential for improvement using legislative instruments. This applies in particular to information sharing across functions or sectors.

Portraying of user groups

Each category of CISE participation calls for its own instruments in order to ensure effective CISE implementation. The differentiated approach allows for cross-sectoral coordination addressing users across sections sharing same needs.

EU Right to Act
The report finds that CISE falls within the EU Right to Act. The overall CISE objectives cannot sufficiently be achieved solely by the MS. The CISE requires European capacity and depends on the coordinated provision of services throughout the MS that needs to be coordinated and can therefore, by reason of the scale of the action, be achieved at EU level,¹ The EU may adopt CISE measures in accordance with the principle of subsidiarity as set out in TEU Art. 5. In accordance with the principle of proportionality, TEU Art. 5, the proposed CISE activities do not go beyond what is necessary in order to achieve that objective.

Policy option 1

This approach does not attempt any changes to existing legislation. It is an approach that allows the full exploration of the already significant initiatives in the area, such as SafeSeaNet, EUROSUR and others. It is an approach that applies the current legal framework at national, EU and international levels: legal barriers prevail and the CISE development would be based on its own evolution adjusting to the legal reality. This evolution may over time encourage and motivate the stakeholders to eliminate cultural, legal and technical barriers on their own will and pace.

Policy option 2
A second policy option could be to seek to utilise the current information sharing potential to the maximum, by stimulating enhanced information sharing among user communities by means of recommendations. Policy option 2 could be seen as optimizing the status quo by streamlining the current situation and removing inexpediencies that arise from cultural barriers.

The second policy option would intensify the current CISE stage. It continues the soft approach by facilitating the process (e.g. as seen with the MARSUNO and BMM processes, the TAG and Cooperation project), and it adds more specific recommendations on overcoming obstacles. Such recommendations should encourage pro-sharing interpretation of legislation at national and EU levels and encourage adjustments to national legislation.

Policy option 3
A third policy option would be similar to the policy option 2 in addressing the barriers. However, policy option 3 would remove such barriers by applying legally binding provisions. Specific legal barriers include, e.g.: (1) limited responsibility to share/access rights - i.e. the act provides that a particular type of data shall be shared with specified MS and/or competent authorities thereof and/or for specified purposes; (2) optional sharing of data, but no obligation to share; (3) responsibility to share only with respect to some of the data collected within the framework of the act; (4) specific user communities are excluded from the scope of the act; (5) no specific access rights provided and (6) lacking institutional framework for data sharing.

Policy option 4

The fourth policy option carries-on the current cooperative CISE approach. It is an approach that utilises the positive momentum as shown by the MARSUNO and BMM processes. It is also a mixed approach of legal instruments addressing barriers and facilitation of voluntary cross-sectoral data sharing.

The approach based on voluntary cooperation and mutual understanding amongst participants is driven by the dynamics of network synergies. It is valuable for any horizontal network organisation. This is also true for the transnational development of CISE. This also indicates that the soft approach may implement virtually all CISE aspects by the use of a balanced mix of instruments ranging from encouragement to legally binding norms, where the participants accept such. However, the voluntary approach is typically in need of the support of a legal framework, which is further described in Policy option 5.

Policy option 5

Policy option 5 provides also for the legal mandate to address binding and non-binding cross-sectoral initiatives for the CISE development. Policy option 5 is the only one of the five options that delivers such legal cross-sectoral mandate, which will provide the legal mandate to ensure the horizontal coordination amongst the equally important sectoral legislation. The CISE legal framework adds the important cross-sectoral and coordinated mandate to the already existing important sectoral legislation. Together, the CISE legal framework and the sectoral legislation constitute the comprehensive EU regulatory framework for integrated maritime policy. Such framework would aim at embracing all user communities under one measure. However, as is discussed in section 3, in order to comply with the principles governing the establishing of legal basis for EU measures, it would in principle be necessary to split the measure in, at least, two parts (e.g. a Regulation for the implementation of TFEU policies and a Council decision for the TEU common security and defence policy).

This analysis also prepares the ground for an elaborated discussion of the legal initiatives needed to ensure the swift implementation of the preferred architectural vision.

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