# EUR-Lex - 52014DC0451 - EN

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# 52014DC0451

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Better situational awareness by enhanced cooperation across maritime surveillance authorities: next steps within the Common Information Sharing Environment for the EU maritime domain /* COM/2014/0451 final */**

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT AND THE COUNCIL

Better
situational awareness by enhanced cooperation across maritime surveillance
authorities: next steps within the Common Information Sharing Environment for
the EU maritime domain

1. Introduction

Enhancing
information exchange between maritime surveillance authorities is one of the
key strategic objectives of the Union under the Integrated Maritime Policy and
an important building block of the Maritime Security Strategy[1].
Strengthening the security of our seas and oceans is also an essential part of
the blue growth agenda to create growth and jobs.

The development
of the common information sharing environment for the EU maritime domain
(Maritime CISE) is an ongoing collaborative process which already has been the
subject of two Communications by the Commission in 2009 and 2010[2].
Positive results include enhanced inter EU agency cooperation, initiatives by
several maritime sectors at EU level, as well as various initiatives at national
level. Maritime CISE is supported by stakeholders in Member States, by Council
and by the European Parliament[3].

Member State
authorities carry out many different operational surveillance tasks, many of
them to fulfil existing obligations under EU law, to ensure the safety and
security of our seas and oceans. Such tasks require specific competences and
assets in various fields: defence, customs, border control, general law
enforcement, fisheries control, marine environment protection/pollution response,
and maritime security and safety.

Maritime risks
and threats do not respect national or administrative borders and can therefore
take advantage of the open maritime space. In a context where these authorities
face increasing maritime risks and have limited operational and financial
resources, optimised information exchange can be more effective and cost
efficient. The ambition for all involved in operational surveillance activities
is to have timely access to the relevant and most accurate information to carry
out their activities and to seamlessly exchange information between their
systems, co-ordination centres as well as patrolling and surveillance assets
(ships, planes and satellites etc.).

The objective of
this Communication is to take stock of the current situation and to identify
areas of further work on the basis of current achievements.

2. What is
Maritime CISE and what are the benefits?

Maritime CISE is
a voluntary collaborative process in the European Union seeking to further
enhance and promote relevant information sharing between authorities involved
in maritime surveillance. It is not replacing or duplicating but building on
existing information exchange and sharing systems and platforms. Its ultimate
aim is to increase the efficiency, quality, responsiveness and coordination of
surveillance operations in the European maritime domain and to promote
innovation, for the prosperity and security of the EU and its citizens.

Maritime CISE
will neither have an impact on the administrative structures of Member States,
nor on the existing EU legislation in this field or implementation of ongoing
EU level initiatives, in particular not on those based on legal Union
requirements. Given that administrative structures in Member States are
diverse, administrative efforts to implement this initiative at national level
will depend on the situation in each Member State.

The objective is
to ensure that maritime surveillance information collected by one maritime
authority and considered necessary for the operational activities of others can
be shared and be subject to multiuse, rather than collected and produced
several times, or collected and kept for a single purpose. Maritime
surveillance information could be either raw or unprocessed data which are
formatted in a special way, or information deriving from data that has been
treated and taken a certain meaning. Information can be either basic or rich.
Maritime surveillance information data covers e.g. ship positions and routing,
cargo data, sensor data, charts and maps, meteo-oceanic data etc. In cases
where such data identifies an individual or makes him identifiable, EU data
protection instruments[4]
will have to be applied[5].
By moving towards a multipurpose use of data and by making current maritime
surveillance systems interoperable[6],
data collection will be a less time and resource intensive exercise and,
in the best case scenario, authorities will always have the best available
information on the situation at sea at their disposal.

Duplication of
data collection efforts can be the indirect result of suboptimal co-operation
between authorities. This can also affect the acquisition, maintenance and
deployment of surveillance assets such as radars, communication systems, ships,
helicopters, planes and satellites. Enhanced information exchange could help
avoiding that such resources are acquired in duplication, screen the same sea
area twice, or collect the same information several times and carry out
overlapping missions at sea.

Paving the way
for enhanced information sharing is a pre-requisite for seamless practical
cooperation at sea between national authorities involved in maritime
surveillance.

Achievements so
far have demonstrated that Maritime CISE would have a number of clear
advantages. In particular, enhanced information exchange is an important
condition for:

· 
Enhancing
knowledge and improving maritime situational awareness. Both can enhance
prevention, preparedness and response to maritime security incidents related to
cross border and organised crime (e.g. trafficking, illegal fishing, piracy,
armed robbery, terrorism) maritime safety and illegal discharges or accidental
marine pollution. Assessments involving Member State experts[7]
have clearly demonstrated that authorities manage maritime surveillance activities
more effectively if all relevant information would be at their disposal during
the planning and execution of operational activities. This could potentially
lead to the reduction of such threats and risks by 30% on average.  Pertinent
examples would be information sharing between civilian and military authorities
on the influx of migrants to the Schengen Area through the Mediterranean sea;
or that common routine surveillance and emergency management tools around a sea
basin could be connected in one ‘click’ in case of emergency.

· 
Substantial
reductions in data collection efforts. Stakeholders have indicated that there
is a large demand for additional data exchange in particular between civilian
and military authorities and that over 40 % of the data collected in the EU is
collected by several authorities at the same time, such as non-co-operative
targets and ship identification information.

· 
Reductions
of administrative and operational costs of maritime surveillance activities.
Calculations by Member State experts have shown that potential cost savings for
enhanced information exchange could yield an overall benefit to the European
economy of around 400 million EUR per year and direct savings for public
authorities of at least 40 million EUR per year. The corresponding investment
costs would amount to around 10 million EUR per year for the first ten years.

3. Progress
towards enhanced maritime surveillance – What has happened so far?

Initiatives to
improve information exchange for the maritime domain have already been ongoing
for some time. Since 2002, important steps have been taken both at national and
Union level, in particular on the civilian side. Progress has already been made
through a number of legislative instruments at EU level that put in
place systems serving different policy areas and in some cases going beyond one
sector.

These systems
include: the Union maritime information and exchange system, SafeSeaNet,
providing integrated maritime services[8]
inter alia for traffic monitoring (situational awareness) and to ensure the
implementation of EU legislation, hosted by the European Maritime Safety Agency
(EMSA) and managed by the Commission’s Directorate-General for Mobility and
Transport (MOVE) together with EU/EEA Member States in the High Level Steering
Group[9];
the Common Emergency Communication and Information System (CECIS) facilitating
communication during maritime incidents and disasters managed by the
Commission’s Directorate-General for Humanitarian Aid and Civil Protection
(ECHO); the Vessel Monitoring System managed by Member States, the Data
Exchange Highway (DEH) and the Fisheries Language for Universal eXchange
(FLUX), managed by the Commission's Directorate-General for Maritime Affairs
(MARE), supporting the Common Fisheries Policy; the Maritime Surveillance
network (MARSUR) managed by the European Defence Agency (EDA) supporting the
Common Foreign and Security Policy; the European Border Surveillance System
(EUROSUR) improving the situational awareness and reaction capability of Member
States and of the EU Border Agency (FRONTEX) at the external borders as well as
the Secure Information Exchange Network Application (SIENA), the information
exchange system of EUROPOL, and the Joint Research Centre's Blue Hub platform
supporting EU R&D in maritime surveillance and situational awareness  and
experimenting with new data sources previously untapped.

Of particular
interest at EU level is the Reporting Formalities Directive[10],
which sets up National Single Windows. Those windows will, when fully operational
in June 2015, provide central national information exchange platforms for
reporting and sharing of ship related information between all competent
authorities and will be linked to the Union maritime information and exchange
system, and other systems, therefore, providing relevant cross-sectorial and
cross-national information in the maritime domain for all authorities, in
particular on the civilian side. Further initiatives improving information
sharing are the upcoming Strategy on customs risk management and security of
the supply chain in relation to the Union customs code amongst others[11],
the provisions foreseen in the new Common Fisheries Regulation[12],
and the European Marine Observation and Data Network (EMODNET)[13].

Experiences made
have shown that there is an added value for further cooperation. One example is
the operational use of the integrated maritime services (enhanced maritime
awareness picture) provided by EMSA to FRONTEX and EFCA. These could serve as
inspiration for how cooperation at national level could be further pursued.

At national
level, several Member States have already put in place mechanisms such as
national coordination centres involving all relevant authorities (civilian and
military) in order to improve co-ordination. Such centres could work as
inspiration for others.

Since the 2010
Communication on CISE, progress has been made towards the implementation of the
roadmap on CISE. Member States have worked closely together in the
‘BlueMassMed’, ‘MARSUNO’ and ‘Cooperation’ projects.[14]

Member States[15]
involved in BlueMassMed developed the concept of national ‘IT nodes’
that may in future act as national information hubs.

Member States[16]
involved in MARSUNO in particular made progress in reviewing the legal
situation and made suggestions for a possible governance structure.

Member States[17]
involved in the Cooperation project calculated the potential economic
added value of a Maritime CISE in real life maritime surveillance scenarios.
They also conducted a study into authorities’ access rights to information
exchange, and developed a concept for a flexible ‘computer common language’
(common data model) that can be used, where needed, to ensure the
interoperability of surveillance information systems.

These
initiatives have confirmed and helped refining the operational need for cross
sectorial information exchange and have regularly been discussed in a Member
State Expert Group on Maritime surveillance and in the CISE Technical Advisory
Group (TAG), composed of representatives of different maritime public
authorities and EU agencies, in order to ensure its coherent development.

4. Next steps
for a Maritime CISE

The progress
made to date provides a basis for further work and in particular to focus on
the remaining challenges, showing that the vision of Maritime CISE is being
pursued both at national and EU level. One of the most important needs is to
improve information exchange between military and civilian authorities.
Including the defence community and identifying information that could be
exchanged between civilian and military authorities in a Maritime CISE will be
important since military authorities are one of the main holders of maritime
surveillance data.

Priority areas
for further cross-border and cross-sectoral cooperation have been identified by
the MARSUNO, BlueMassMed and Cooperation project mentioned
above. These areas cover, inter alia:

- Real-time
sharing of positions of patrol vessels and aircrafts and functional
specifications to ensure the fastest possible response to mass rescue
operations and/or other events at sea,

- Collaborative
tools for cross-border crisis management,

- Data
consolidation and exchange of information on suspicious vessels navigating in
EU waters, and

- National
registries of recreational boats: computerised processing of information
requests between Member States.

It will be
essential to continue building on existing tools and achievements in order to
avoid duplication of efforts.

Further actions
seek to facilitate information exchange and should therefore neither create any
new data collection obligations, nor be prescriptive on the information to be
exchanged. This will be for the data owner to determine.

The Commission
intends to take the following further actions:

· 
The
Commission plans to launch a project in 2014 under the EU’s Seventh Framework
Programme for Research (FP7) in order to test a Maritime CISE on a large scale,
in particular between civilian and military authorities. In addition, the
Commission will foster the uptake of innovations funded by the European Union
framework programmes for research and innovation.

· 
The
Commission will, in close co-ordination with Member States, develop a
non-binding Maritime CISE handbook by end 2016 with best-practice
recommendations and useful information on how to apply Maritime CISE.
Recommendations are amongst other things intended to promote a "care to
share to be aware" culture across and between different sectors among
national authorities involved in maritime surveillance.  The handbook will also
provide guidance on the recommended handling of personal or commercially
sensitive information by the relevant authorities. The handbook should take
into account the results of various preparatory actions such as the FP7
project, the Cooperation Project, and pilot projects such as Marsuno,
Bluemassmed and a project funded under the Integrated Maritime Policy Programme
(IMP) 'Evolution of SafeSeaNet to support CISE and other communities', among
others.

· 
The
Commission will support measures to develop, maintain, and disseminate
standards allowing maritime surveillance systems to be interoperable. Such
standards will facilitate maritime information exchange between surveillance
authorities and the development of IT solutions, which is major challenge for
co-operation between Member States, industry development and competitiveness.
They would include pursuing a common data model[18],
built on technological solutions already established and required by Union Law,
to serve as a translation tool between maritime surveillance information
systems, in particular between civilian and military systems. A technical
reference architecture for public services will be defined by end 2017, in line
with the European Interoperability Reference Architecture developed by the
programme on "Interoperability Solutions for European public
administrations" (ISA programme), within the framework of the Digital
agenda for Europe. Specifications to support virtual collaboration from
existing IT systems[19]
will also be needed.

· 
Member
States should in parallel be encouraged to continue to work on modernising
their maritime surveillance IT set up, where there is a need, and further
enhance information sharing between authorities involved in maritime
surveillance. Some funding is available at EU level to support small
improvements.

· 
Member
States should also involve the competent national data protection authorities
as early as possible to ensure that the operational means and objectives comply
with national data protection requirements. Prior impact assessments could be
one way of support for national initiatives in order to ensure that the most
effective and cost efficient measures are put in place.

· 
The
Commission will continue to review existing sectorial legislation at EU level
in order to remove possible remaining legal barriers to cross-sectorial
information sharing while ensuring compliance with relevant data protection
requirements. Although the Commission believes that most of these have been
addressed, they may still exist at national level. These may persist due to the
organisational structures of Member State authorities.[20]

· 
Further
reflection is required on the administrative structures needed to manage a
Maritime CISE, in particular the need for service level 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.