Tag Archives: Maritime surveillance

Guidelines for developing national maritime policies

Outline of the Community (European Union) legislation about Guidelines for developing national maritime policies

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Maritime affairs

Guidelines for developing national maritime policies

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 26 June 2008 on “Guidelines for an Integrated Approach to Maritime Policy: Towards best practice in integrated maritime governance and stakeholder consultation” [COM(2008) 395 final – Not published in the Official Journal].

Summary

The European Union (EU) has proposed guidelines for the development of an integrated maritime policy, which constitutes one of the Commission’s strategic objectives for the period 2005-2009. This new approach at the European level is at the heart of the EU’s integrated maritime policy proposed by the Commission in October 2007. The guidelines set out the policy’s overarching vision and encompass the actions of Member States and maritime stakeholders towards an integrated approach to maritime affairs at the national level.

Member States are encouraged to establish their own integrated maritime policies in close collaboration with their national and regional maritime stakeholders. Due to the many interactions between different maritime policies, efficient coordination of every action developed by government organisations will be required. To achieve this it is advised that Member States improve and facilitate cooperation at all levels of maritime governance, including at the European level.

Member States should consider creating internal coordinating structures within their government frameworks (government departments, national parliaments, etc.). Such a structure could provide a government framework to facilitate decision-making at the national level. A post responsible for the coordination of maritime affairs could be created. The role would consist specifically of structuring the dialogue between the different sectoral interests.

Coastal regions and other local decision-makers should be allowed to play a role in the development of integrated maritime policies, taking into account their experience of Integrated Coastal Zone Management and regulating the spatial deployment of their activities.

All maritime stakeholders should participate in integrated maritime policy-making. These include economic partners (industries and services), social partners, NGOs, universities and research institutions. Their participation at the national, regional and local levels is recommended. Member States should authorise the participation of these stakeholders in the governance of maritime affairs whilst ensuring the transparency of the decision-making process.

It is essential to develop cross-border coordination at regional sea basin level, to ensure the dissemination of good practices and to develop improved cooperation between Member States in certain areas, such as those relating to the protection of the marine environment, to the safety, security, and surveillance of Europe’s maritime areas and to marine and maritime research. To this end, the European Commission is developing regional strategies and is currently preparing strategies for the Baltic Sea and the Mediterranean.

The Commission invites Member States to share information on the steps they are taking towards integrated maritime governance. The Commission shall publish the collated information on the Internet in table form. The information could be used as a model for sharing good practice.

The Commission will report on progress towards an integrated approach to maritime affairs by the end of 2009, as stated in the Blue Paper on an Integrated Maritime Policy for the EU.

Context

These guidelines form a central part of the Communication on an Integrated Maritime Policy for the European Union (Blue Paper) adopted by the Commission in October 2007 and approved by the European Council in December 2007.

These guidelines also form part of the United Nations’ 1982 Convention on the Law of the Sea and the World Summit on Sustainable Development in Johannesburg in 2002.

Towards integrated maritime surveillance

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Towards integrated maritime surveillance

Outline of the Community (European Union) legislation about Towards integrated maritime surveillance

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Maritime affairs

Towards integrated maritime surveillance

Document or Iniciative

Communication from the Commission of 15 October 2009 – Towards the integration of maritime surveillance: A common information sharing environment for the EU maritime domain [COM(2009) 538 final – Not published in the Official Journal].

Summary

In the European Union, most data relating to maritime affairs is processed by sectoral authorities. These authorities are responsible for the surveillance and monitoring of activities at sea in the sector under their responsibility, without necessarily informing their counterparts in other sectors. This is a drawback, since the sharing of this data makes it possible to increase the effectiveness and cost-efficiency of maritime surveillance activities.

Data sharing and interoperability between maritime surveillance systems pose certain technical and legal problems, however, as well as problems from a security perspective. In this Communication, the Commission identifies these problems and puts forward solutions.

Obstacles to the integration of maritime surveillance

The main obstacles to the creation of a common information sharing environment are as follows:

diverse user and operator communities: most information is collected at several levels (international, EU and national) by numerous sectoral systems. In some cases the involved authorities are unaware that other authorities or systems are collecting similar information. In other cases they do not have information sharing standards or agreements;
diverse legal frameworks: maritime surveillance systems have been developed on the basis of sector-specific, international and EU legislation. These systems are therefore difficult to merge;
cross border threats: threats faced by Member States often require an improved trans-national and sometimes even trans-sectoral approach, in particular with regard to the high seas;
specific legal provisions: international and EU legislation which frames maritime surveillance activities on the high seas and governs the processing of personal, confidential and classified data lacks cohesion.

Solutions for the integration of maritime surveillance

The creation of a common information sharing environment is based on compliance with the following Guiding Principles:

optimising the exchange of information between the different user communities. The European Union should adopt rules and standards at Community level to interlink the different user communities. These communities should be able to share at national level information from international, Community, regional, military and internal systems. The common information sharing environment should be secure, and flexible enough to adapt to the needs of new users;
building a non-hierarchical technical framework of maritime monitoring and surveillance systems. The technical framework should facilitate the collection, dissemination, analysis and management of data. It should integrate security concerns and comply with data protection regulations, international rules and functional requirements;
exchanging information between civilian and military authorities. The authorities responsible for maritime surveillance should be able to share information. Common standards and procedures for access to and use of the information will be adopted to allow for a two-directional information exchange;
removing obstacles to the exchange of information imposed by specific legal provisions. Certain provisions of EU and national legislation may prevent the exchange of information relating to maritime monitoring and surveillance. These provisions should be identified and adapted while providing for the necessary guarantees relating to confidentiality and data security and the protection of personal data.

These four Guiding Principles will serve to trigger a reflection process at EU and Member State level which will need to encompass all user communities. They may be revised in light of the outcome of three projects aimed at evaluating the ability of users from different Member States and user communities to exchange information.

Context

This Communication follows on from a previous Communication – An Integrated Maritime Policy for the European Union, in which the European Commission undertook to ‘take steps towards a more interoperable surveillance system to bring together existing monitoring and tracking systems used for maritime safety and security, protection of the marine environment, fisheries control, control of external borders and other law enforcement activities’.

Fisheries control system

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Fisheries control system

Outline of the Community (European Union) legislation about Fisheries control system

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Fisheries control system

The control system applies to all fishing activities in Community waters, and to the fishing activities of Community vessels and European Union nationals in Community and non-Community waters. It also applies to the processing and marketing of fishery products, recreational fishing involving sensitive stocks, and aquaculture.

Document or Iniciative

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

Summary

The restructuring of the Community fisheries control system has modernised the Community system for the control, inspection and execution of common fisheries policy (CFP) measures throughout the marketing chain.Generally, all aspects relating to the control and monitoring of fishing activities have been rendered more effective.

Control and monitoring of fishing activities

Member States are to carry out inspections of activities throughout the production chain for fishery products, in particular landing, processing, transport and marketing. The use of modern inspection technologies such as the Satellite-based Vessel Monitoring System (VMS), electronic logbooks and the electronic notification of catch data has been extended. The collection, processing and analysis of fishing data have been considerably enhanced. A systematic catch weighing system has been introduced. A new system of traceability for fishery products will allow fishery products to be monitored from the vessel to the retailer.

New measures, such as risk analysis largely based on systematic and full cross-checks of all relevant data, aimed at concentrating inspection activities where the risk of illegal behaviour is highest, will strengthen the effectiveness of controls.

Among the other new fields covered by the Regulation is the monitoring of certain criteria of fleet management by Member States, such as fishing capacity and engine power. General standards are established for specific control measures concerning multiannual plans and recovery, restricted fishing areas and discards. The principles of a new system of control observers have been established.

Inspection powers

The Regulation broadens the Commission’s powers of inspection. The Commission can now, under certain conditions, carry out independent inspections without giving prior notice to the Member State concerned.

Sanctions

The Regulation introduces dissuasive sanctions the extent of which is fixed in a harmonised way throughout the European Union (EU) according to the value of the fishery products obtained when a serious offence is committed. The Regulation provides for a system of penalty points for serious offences concerning holders of fishing permits and masters, who will, as a last resort and after several suspensions of the fishing permit, have their permit withdrawn if they have committed a certain number of serious offences. Measures are also laid down against Member States which do not comply with CFP rules and thus endanger fish stocks. These measures include the possibility of suspending or reducing EU financial aid, the closure of fisheries and deduction of quotas.

Cooperation between Member States

The Regulation establishes a system of mutual assistance and systematic information exchange as regards controls between Member States. It also proposes a new approach to managing and communicating data relating to controls through secure national websites with direct remote access for the Commission.

Coordination authority

The Regulation extends the competences of the Community Fisheries Control Agency in order that it may provide more concrete assistance in the uniform implementation of the new control system. When facing a serious risk for the CFP, it may also, if appropriate, set up an emergency unit.

Under the CFP, control and enforcement fall within the exclusive jurisdiction of Member States. The Regulation also reaffirms the distinct roles of the Commission and Member States in order to avoid overlapping and to ensure that the Commission concentrates its efforts on its main activities – controlling and verifying the implementation of CFP rules by Member States. The new Regulation replaces the existing legal framework established in Council Regulation (EEC) No 2847/93.

REFERENCES

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1224/2009	1.1.2010	–	OJ L 343 of 22.12.2009

RELATED ACTS

Specific control and inspection programme

Commission Decision 2010/210/EU of 6 April 2010 amending Decision 2009/296/EC establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean [Official Journal L 89 of 9.4.2010].

Marine knowledge 2020

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Marine knowledge 2020

Outline of the Community (European Union) legislation about Marine knowledge 2020

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > General provisions

Marine knowledge 2020

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 8 September 2010 – Marine knowledge 2020 marine data and observation for smart and sustainable growth [COM(2010) 461 final – Not published in the Official Journal].

Summary

Marine data are collected mainly for a specific purpose – for instance to exploit marine resources or to ensure safe navigation. However, those applying these data face a number of obstacles:

lack of information on the data that already exists;
restrictions on access and use;
fragmented standards, formats and nomenclature;
lack of information on the precision and accuracy of the data;
the pricing policy of some providers; and
insufficient spatial or temporal resolution.

Objectives

The action plan defines three objectives:

making the use of marine data simpler and less expensive;
encouraging competition and innovation among users of these data; and
reducing uncertainty, to provide a sounder basis for managing future changes.

These objectives contribute to the implementation of some of the initiatives announced in the Europe 2020 strategy. Moreover, the benefits of creating an integrated network to replace the present fragmented marine observation system are considerable.

Improving the existing instruments

To enhance the impact of the existing instruments, the Commission:

will take steps to ensure access to data collected under regional development and marine and maritime research programmes supported by the European Union (EU) and to permit their re-use;
will adopt the measures intended to promote coastal information systems in accordance with Recommendation 2002/413/EC concerning Integrated Coastal Zone Management;
will consider the possibility of extending the financing of demonstrations of marine Global Monitoring for Environment and Security services (GMES services) beyond 2014;
will make sure that Member States enforce the access rules for fisheries data and will explore ways to widen the scope for accessing these data;
will develop the WISE-Marine and EMODnet shared information systems to improve their accessibility and interoperability;
intends to improve the coverage of data, resolution and range of assembled parameters;
will ensure that its Agencies and Member States communicate data regularly, aggregated in time and space;
will ensure that Eurostat studies detailed population and area parameters in order to provide a better understanding of coastal influence.

The measures adopted are intended to create synergies between the various improvements. Their aim is to ensure a smooth and seamless provision of marine data while avoiding duplication of efforts. This will involve:

ensuring common standards;
providing free access to marine data without restriction of use;
ensuring that the data assembled meet the needs of the Marine Strategy Framework Directive;
specific ur-EMODnet action in 2010 to assemble data as input for the GMES system;
assessing gaps in the monitoring network in 2012/2013 based on the results of specific ur-EMODnet and prototype GMES marine core service actions;
opening a dialogue with partner countries and international organisations in order to contribute towards an interoperable global marine knowledge system.

Establishing a common environment for marine data

Obtaining data crossing Member States’ borders depends on the creation of a common environment. This environment should incorporate the following elements:

from the outset multiple uses should be envisaged for the data collected;
data should be maintained close to the source and be under proper guardianship in accredited data centres;
a number of thematic assembly groups should be entrusted with assembling data by specific theme, for example geological layers or chemical contaminants;
an integrated viewpoint at sea-basin level is needed;
in certain cases, EU support may concentrate on the analysis and application of data;
the decision making process decides what data is going to be collected and how it should be assembled.

To create this common environment, the Commission proposes:

sharing responsibility for safeguarding knowledge between the public and private sectors;
promoting good practice in data curation and dissemination by improving communication amongst national data centres through regular discussions in its data expert groups and its maritime internet forum;
setting up pilot projects in the period 2011-2013 (financed by the programme to support the development of an integrated maritime policy) to ensure an integrated surveillance approach;
defining priorities for assembling data in ur-EMODnet and developing a proposal for more stable governance;
setting up a secretariat to manage the ur-EMODnet process.

Context

Improving knowledge of the seas and oceans is one of the three cross-cutting tools of the EU’s integrated maritime policy. This instrument can also contribute towards the objectives of the other two instruments, namely better spatial planning and integrated maritime surveillance.