Art. 6 lists the information, which shall be kept and readily accessible for the purpose of the Directive Provisions relevant for access rights and responsibility to share Art. 4 provides that the flag state shall, if necessary, consult the losing State on matters of compliance with the applicable rules and standards Art. 4(2) provides for a operational parts of the flag State-related activities of its administration. in the framework of the Directive is correct and the data does not constitute personal data, access rights to the information contained in Art. 6 may be expanded beyond the purposes of the Directive.
Directive No. 45/2009 on safety rules and standards for passenger ships Legal base: TFEU art. 100(2) Purpose The purpose of the Directive (Art.1) is to introduce a uniform level of safety of life and property on new and existing passenger ships and high-speed passenger craft and to lay down procedures for negotiation at international level with a view to a harmonisation of the rules for passenger ships engaged in international voyages. Information collected A, B: No barriers were detected. C: The Directive contains several reporting formalities or obligations to notify the Commission (Arts. 4(2)b, 6, 8, 9 and 16). It is furthermore likely that MS will have to implement relevant measures to live up to the provisions of the Regulation especially in surveys and certificates. Those measures could be considered administrative burden. The Directive has a potential for creating a directory of information regarding the process leading to the issuing of permission to operate. A directory could include knowledge on request for updates, warnings or previous failure to comply with the rules of the Directive.
(EMCIP), which will contain data on marine casualties and incidents. Relevant provisions on access rights and responsibility to share Art. 10(c) provides that MS shall acquire and share information relevant for analysing casualty data and making appropriate safety recommendations at Community level obligation extends in particular to the data listed in Art. 9 (e.g. information related to witnesses and persons involved in maritime incidents). This information can be, unless the competent authority in that Member State determines that there is an overriding public interest in the disclosure of, shared only for the purposes of safety investigations. These limitations are in line with the rules in the data protection framework in general. B: No specific barriers were detected. C: In order to continuously maintain and update the permanent cooperation framework established by the Directive some administrative burdens are unavoidable for MS, EC and the investigating bodies.
Functions/ User Communities Portraying CISE participants and access rights Current situation and best options Current user access rights and responsibility to share (Legal basis for data exchange, planned legal activities, actors (if specified) and geographic/regional coverage) Identification of barriers Legal (L), technical (T) and cultural (C) Best CISE options on portraying CISE participants and access rights (Remarks/comments and overall categorisation of conducive environment for data sharing - A (low) , B (medium) or C (high) A. General nature B. Specific nature C. Administrative burdens (reporting implications) D. Legislative complexity (simplification) Marine pollution Directive No. 4/2003 on public access to environmental information Legal base: TFEU Art. 192 Purpose The purpose of the Directive (Art. 1) is to guarantee the right of access to environmental information held by public authorities and to ensure that this information is progressively made available and disseminated to the public Information collected The Directive as such does not envisage the collection of data Relevant articles for access rights and responsibility to share Art. 3 provides that public authorities have responsibility to Analysis A: The limits to responsibility to share pursuant to Art. 3 are set in Art. 4 and include, among other things, the confidentiality of commercial or industrial information, intellectual property rights, the confidentiality of personal data, international relations, public security or national defence. When the information falling within the scope of the exceptions can be separated from the rest of the information requested, environmental information shall be made available in part B: No specific barriers to cross-function information exchange were detected. The Directive does not provide for any specific regime for information sharing among the authorities of other user communities, but it sets the baseline for an open information sharing environment with very few restrictions and, as such, may serve as an inspiration to other functions. Regarding potential legislative initiatives it is an option to limit the exceptions stated in Art. 4, however that is also based on general principles of good administration and corresponds with related community legislation.
share environmental information upon request by natural and legal persons Art. 7 states that public authorities shall disseminate environmental information to the public Directive No. 60/2000 establishing a framework for Community action in the field of water policy Legal base: TFEU Art. 192 Purpose The purpose of this Directive is to establish a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. (Art. 3). Information collected MS shall for each river basin district or the portion of an international river basin within their territory: (1) carry out A: The Directive does not make any mention of the protection of personal data. Should personal data be processed in the framework of the Directive, it shall be done in compliance with the data protection rules. B: No specific barriers to information sharing were detected. The Directive deals almost exclusively (with the exception of Art. 12) with the sharing of plans and strategies prepared by the MS, rather than with a responsibility to share the data collected in the process of establishing such plans and strategies. It may be considered to provide for the sharing of such data, although this does not appear to be the core of CISE.
Arts. 5 and 8 and interim reports describing the progress of implementation of the planned programme of measures. Directive No. 105/2008 on environmental quality standards in the field of water policy Legal base: TFEU Art 192 Purpose The Directive lays down environmental quality standards (EQS) for priority substances and other pollutants, with the aim of achieving good surface water chemical status. Information collected Art. 3(2)(d): MS shall notify the Commission and other MS of certain substances for which EQS A: The Directive makes no specific mention of the data protection rules. Should personal data be processed in the framework of the Directive, it shall be done in compliance with the data protection rules. B: No specific barriers to information sharing were detected. C: The Directive envisages extensive reporting and notifications to the Commission by MS.
5 (communication to the Commission of inventory of emissions, discharges, etc.); Art. 6 (information to the Commisssion on transboundary pollution) Regulation No. 401/2009 on the European Environmental Agency Legal base: TFEU Art. 192 Purpose The Regulation established the European Environment Agency (EEA) and aims at the setting up of a European Environment Information and Observation Network ('the Network'). Information collected The Regulation does not provide for the collection of any specific data sets A: The Regulation makes no specific mention of the data protection rules. Should EEA process personal data in the framework of the Regulation, it shall comply with the rules provided in the Data Protection Regulation. B: EEA shall provide the Community and the MS with objective, reliable and comparable information, enabling them to take the requisite measures to protect the environment, to assess the result of such measures and to ensure that the public is properly informed about the state of the environment (Art. 1 (b)) and necessary for framing and implementing sound and effective environmental policies (Art. 2(b)). These provisions do not constitute a barrier to information sharing among user communities. Rather, they set the The Directive does not provide for any institutionalised framework for information sharing, but provides that MS shall cooperate with EEA and contribute to the Network. More specific provisions for information sharing could be envisaged.
Art. 2(a) states that the Agency is responsible for the collection, processing and analysis of environmental data Relevant articles for access rights and responsibility to share Pursuant to Art. 1(b) EEA shall provide the Community and the MS with objective, reliable and comparable information at European level limit to the scope of data gathered by EEA and the corresponding responsibility to share such data (i.e. data needed for the purpose of taking measures to protect environment, evaluating such measures and informing the public). The sharing of data with other functions is voluntary. Directive No. 56/2008 establishing a framework for community action in the field of marine environmental Purpose The Directive establishes a framework within which Member States shall take the necessary measures to achieve or maintain good environmental status in the marine environment (Art. 1). A: The Directive applies to all marine waters, but excludes activities the sole purpose of which is defence or national security. The Directive makes no specific mention of the data protection rules. Should personal data be processed in the framework of the Directive, such processing shall comply with the rules provided in the Data Protection Directive/Regulation. B: No specific barries to information sharing between user communities were detected.
policy (Marine Strategy Framework Directive) Legal base: TFEU Art. 192 Information collected Art. 5(1) (marine strategy); Art. 8 (initial assessment of marine waters); Art. 10 (comprehensive environmental targets);Art. 11 (coordinatied monitoring programmes); Art. 13 (identification of measures which need to be taken in order to achieve or maintain good environmental status) Relevant articles for access rights and responsibility to share Arts. 9(2), 10(2), 11(3), 13(9) provide that the strategies and programmes specified therein shall be notified to the C: The Directive provides for extensive system of notifications to the Commission.
customs authorities, economic operators, the Commission and other administration or official agencies involved in the international movement of goods. interoperating with the authorised economic operators system and (3) a system for the authorisation procedure, including the information and consultation process, the management of certificates for authorised economic operators and the registration of those certificates in a data base accessible by customs authorities. Art. 7 further elaborates on the MS' specific tasks in this connection. According to Art. 12 MS are obligated to report to the commission regularly and provide annual progress reports. Council Regulation 2913/92 establishing the Community Customs Code Legal base: TFEU art 34, 114 and 207 Purpose The Regulation lays down Community customs rules that shall apply uniformly throughout the customs territory of the Community. Analysis A: Art. 14 provides that all information, which is by nature confidential or which is provided on a confidential basis shall be covered by the duty of professional secrecy and, accordingly, cannot be disclosed without the express permission of the person or authority providing it. Furthermore, the processing of personal data, collected within the In order to enhance the possibilities to share information among user communities, it would, in principle, be necessary to broaden the access rights to the information collected within the context of the Regulation. However, as outlined above, some of the data collected within the context of the Regulation may constitute personal data and, accordingly, the broadening of access right
Functions/ User Communities Portraying CISE participants and access rights Current situation and best options Current user access rights and responsibility to share (Legal basis for data exchange, planned legal activities, actors (if specified) and geographic/regional coverage) Identification of barriers Legal (L), technical (T) and cultural (C) Best CISE options on portraying CISE participants and access rights (Remarks/comments and overall categorisation of conducive environment for data sharing - A (low) , B (medium) or C (high)) A. General nature B. Specific nature C. Administrative burdens (reporting implications) D. Legislative complexity (simplification) MARSUNO pilot project final report 2011 (Maritime Surveillance North) MARSUNO – Maritime Surveillance in the Northern Sea Basins – is a pilot project initiated by the European Commission. 24 authorities from ten countries (Sweden, Finland, Poland, Latvia, France, Germany, Lithuania, Norway, Estonia and Belgium) are partners to the project. In the legal analysis carried out within the frame of the project the following pieces of EU legislation have been identified: Directive 95/46/EC (Data protection) The project establishes three categories of information (B.A.R): Basic information: Tracking information originates from sensors, observations etc. which is free to be exchanged inside CISE. Basic information is not open information. The information is produced inside the community using CISE Additional information: This is information created or enriched mainly through the use of analysis tools. This kind of information is often responding to a specific mission or functionality and will be shared based on user demands inside the CISE community Restricted information: This information is sensitive and cannot be shared freely inside the community using CISE. The main fear is the risk of information leaking that could complicate or endanger an operation The definitions are for the purpose of the operational level and does not necessarily relate directly to a legislative act. E.g. restricted Proposal The report outlines very thorough discussion on the scope of the Data Protection rules and specifically in accordance with the maritime area, which is a very useful discussion for the analyses in chapter 2 and 5. The legislative proposals are similar to the proposed policy options in this report however not on a one to one basis. Especially proposal no 5 is similar to policy 5. However the analysis does not move to the level of the specific provisions in the sector legislation.
Belgium Police / Customs and excise’s services Bulgaria Ministry of Interior - Police / Ministry of Defence - Bulgarian Navy Cyprus Marine Police Denmark Ministry of Refugees, Immigration and Integration Affairs/ Local Police districts/ Admiral Danish Fleet will provide maritime surveillance and enforce national sovereignty at sea. Estonia Border Guard Finland Policy: Ministry of the Interior Operational aspects: France -Ministry of budget (Customs) -Ministry of Interior (home office-civil protection) - MoD (navy - gendarmerie maritime) '-Ministry of Transport (Admin. Of Mar. Affairs) Germany Federal Ministry of Interior/ Federal Police Greece Ministry of Citizen's Protection - Hellenic Coast Guard (maritime borders) - Hellenic Police (land - air borders + reception and asylum processing) / Ministry of Defence - Hellenic Navy (when needed) Ireland Policy: Dept of Defence/ Dept of Justice, Equality and Law Reform. Operational: Irish Defence Forces/ Irish Police Italy Ministry of Interiors - Police Forces/ Ministry of Transport - Italian Coast Guard/ Ministry of Defence - Navy/ Ministry of Economy and Finance - Customs. Latvia Ministry of Interior/ State Border Guard. Lithuania Ministry of the Interior/ State Border Guard Service Malta Armed Forces of Malta/ Police Netherlands (mgmt) Justice - Public Prosecutor + Royal Military Constabulary/ Coastguard. Poland Border Guard/ Ministry of National Defence/ Ministry of Home Affairs and Administration. Portugal Ministry of National Defence - Portuguese Navy/Air Force / National Maritime Authority/ Ministry of Home Affairs - Aliens and Border Service Romania Ministry of Administration and Interior - Romanian Border Police General Inspectorate. Slovenia Ministry of Interior - Police Spain Ministry of Interior - Guardia Civil Sweden Policy: Ministry of Justice Operational: Police/ Customs/ Coast Guard United Kingdom UK Immigration Service (UKIS)/ Home Office
supervises all measures taken by the operating company in case of a major accident on an offshore installation Admiral Danish Fleet - Danish Maritime Authority Estonia Maritime Administration/ Governmental crisis commission/ Ministry of Interior/ Maritime Rescue and Coordination Centre Maritime Administration Governmental crisis commission Ministry of Interior Maritime Rescue and Coordination Centre Finland Policy: Ministry of Transport and communications Policy: ministry of Transport and communications, Operational: Finnish Maritime Administration Operational: Finnish Maritime Administration, Finnish Border Guard (at sea), Rescue Departments (harbours), the Finnish Environment Institute Operational: Border Guard is responsible, the Finnish Navy conducts maritime SAR operations with and under the Border Guard France -Ministry of Transport (Admin. Of Mar. Affairs) -Ministry of Justice -Ministry of budget (Customs) -Ministry of Interior (home office-civil protection, gendarmerie) - MoD (navy - gendarmerie maritime) Ministry of Transport/ Admin. Of Mar. Affairs Ministry of Transport/ Admin. Of Mar. Affairs Navy Ministry of Interior (home office-civil protection) -Ministry of Transport/ Admin. Of Mar. Affairs Navy SNSM Ministry of Interior (home office-civil protection) Germany Federal Ministry of Transport, Building and Urban Affairs/ Federal Waterways and Shipping Administration/ Federal Ministry of Interior and Coastal States/ Federal Federal Ministry of Transport, Building and Urban Affairs Federal Waterways and Shipping Administration Federal Ministry of Transport, Building and Urban Affairs and Coastal States Central Command for Maritime Federal Ministry of Transport, Building and Urban Affairs but also Ministry of Defence* German National
Ministry of Transport, Building and Urban Affairs/ Federal Ministry of Defence Vessel Traffic Services Emergencies – CCME (Joint organization) Joint Emergency Reporting and Assessment Centre Lifeboat Association but also German Navy* Maritime Rescue Coordination Centre Helicopters by German Navy and Federal Police Greece Ministry of Citizen's Protection - Hellenic Coast Guard/ Civil Emergency/ Planning and Defence Directorate/ Ministry of Defence - Hellenic Navy and Air Force (when needed) Ministry of Merchant Marine/ Hellenic Coast Guard Ministry of Merchant Marine/Hellenic Coast Guard Ministry of Merchant Marine/Civil Emergency, Planning and Defence Directorate Ministry of Merchant Marine/Hellenic Coast Guard Hellenic Navy and Air Force (when needed) Ireland Policy Dept. of Transport/ Department of Defence Operational Maritime Safety Directorate/ Irish Coast Guard/ National po Policy: Dept.Transport Operational: National Port authorities; Irish Coast Guard Policy: Dept of Transport; Operational: Irish Coast Guard; Irish Defence Forces Policy: Dept. of Transport; Operational: Irish Coast Guard; Irish Defence Forces; voluntary SAR services Italy Ministry of Transport - Coast Guard/ State Civil Defence Department/Sea Emergency Operations Centre. -Ministry of Transport/Coast Guard State Civil Defence Department/Sea Emergency Operations Centre (manned with personnel of the Coast Guard Ministry of Transport/ Coast Guard Latvia Ministry of Transport - Maritime Administration/ Ministry of Defence - Coast Guard/ Harbour Master Offices/ Ministry of Environment Ministry of Transport Harbour Master Offices Ministry of Defence/Coast Guard Ministry of Transport Ministry of Environment Ministry of Defence/ Coast Guard Lithuania Ministry of Transport and Communications/ Lithuanian Maritime -Ministry of Transport and Communications -Ministry of Transport and Communications -Ministry of Transport and Communications Maritime and
Poland Maritime Safety: Ministry of Infrastructure (1-2) in cooperation with Border Guard (3) and Navy (Ministry of Defence); Maritime Security: Ministry of Infrastructure Border Guard, Police, State Fire Brigades, State Sanitary Inspection and Navy (M Customs chambers - Border Guard SAR Maritime Offices SAR Portugal Ministry of National Defence/ National Maritime Authority/ Portuguese Navy+Air Force/ Ministry of Public Works, Transports and Communications Ministry of National Defence /National Maritime Authority Portuguese Navy/Air Force Ministry of Public Works, Transport and Communications Ministry of National Defence / National Maritime Authority- Portuguese Navy Ministry of Public Works, Transport and Communications Ministry of National Defence /National Maritime Authority- Portuguese Navy/Air Force -Ministry of Public Works, Transport and Communications Romania Ministry of Transport and Infrastructure trough Romanian Naval Authority, Maritime Ports Administrations of Costanta and Galati (ports security)/ Ministry of Administration and Interior - Romanian Border Police General Inspectorate. Ministry of Transport Romanian Naval Authority Ministry of Interior and Administrative Control/ Inspectorate of Emergency Ministry of Transport-Romanian Naval Authority (under the Coordination of the Maritime Rescue Coordination Centre) Slovenia Ministry of Transport - Slovenian Maritime Administration/ Port State Control/ Ministry of Interior - Police/ Ministry of Defence/ Administration for Civil Protection and Disaster Relief/ Ministry of the Environment and Spatial Planning/ Environmental Age -Ministry of Transport/ Slovenian Maritime Administration -Ministry of Defence/ Administration for Civil Protection and Disaster Relief -Ministry of the Environment and Spatial Planning/ Environmental Agency -Ministry of Transport/ Slovenian Maritime Administration -Ministry of Transport/ Slovenian Maritime Administration Spain Ministry of Infrastructure Ministry of Infrastructure -Ministry of Environment -Ministry of Infrastructure -Ministry of Infrastructure
(SASEMAR)/ Ministry of Environment/ Coastal Autonomous Communities/ Ministry of Interior (Guardia Civil) -Coastal Autonomous Communities (SASEMAR Sweden Policy: Ministry of Enterprise, Energy and Communications/ Ministry of Defence Operational: Maritime Administration/ Coast Guard/ Police/ Armed Forces Policy: Ministry of Enterprise, Energy and Communications Operational: Swedish Maritime Administration Coast Guard Policy: Ministry of Enterprise, Energy and Communications Ministry of Defence Operational: Coast Guard - Swedish Maritime Administration Policy: - Ministry of Enterprise, Energy and Communications - Ministry of Defence Operational: - Swedish Maritime Administration - Coast Guard United Kingdom Maritime and Coastguard Agency MCA/ Department for Transports (DfT) Maritime and Coastguard Agency MCA and DFT Maritime and Coast guard Agency MCA in conjunction with Government emergency planning Maritime and Coastguard Agency MCA