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
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)
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