There are currently more than 300 civilian and military authorities in the Member States responsible for carrying out coastguard functions in a wide range of areas such as maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. A number of EU agencies, in particular Frontex, the European Maritime Safety Agency and the European Fisheries Control Agency, support the national authorities in the exercise of these functions.

In 2014, the Commission finalised a feasibility study to examine the need for improved co-operation and co-ordination between national bodies and agencies carrying out coastguard functions. This study identifies a range of issues for closer collaboration, in particular in the areas of operational surveillance and data sharing which underpins all these functions.

The need to enhance collaboration and coordination between authorities carrying out coastguard functions has subsequently been acknowledged in the Union maritime transport legislation, the European Union Maritime Security Strategy with an Action Plan adopted by the Council in 2014 and in the European Agenda on Migration adopted by the Commission in 2015.

The purpose of this legislative proposal reinforcing European co-operation on coastguard functions is to improve cooperation and coordination between the relevant EU agencies in order to enhance synergies between their respective services, thus allowing them to provide more efficient and cost effective multipurpose services to national authorities carrying out coastguard functions.

This legislative proposal forms part of a set of measures proposed by the Commission to reinforce the protection of Europe's external borders, including European cooperation on coastguard function, which also includes proposals for a Regulation establishing a European Border and Coast Guard Agency and to amend Council Regulation (EC) No 768/2005 establishing a European Fisheries Control Agency. The substantive amendments in this proposal are identical to the proposed provisions on European coastguard cooperation in the proposal for a Regulation establishing a European Border and Coast Guard Agency and to the proposed amendments to Council Regulation (EC) No 768/2005.

This proposal is consistent with the policy objectives of the European Maritime Transport Policy until 2018 and of the European Maritime Safety Agency which was established with the purpose of ensuring a high, uniform, and effective level of maritime safety, maritime security, prevention of, and response to, pollution caused by ships. It is at the heart of the EMSA's mission, competencies and activities with maritime administrations and bodies carrying out coast guard functions.

The proposal is based on Article 100(2) of the TFEU on establishing provisions for the pursuit of the objectives of the common sea transport policy.

The proposal deals with support to national authorities carrying out coastguard functions at national and Union level, and where appropriate at international level.

The proposal aims at reinforcing the EU's coastguard capacity to response to threats and risks in the maritime domain by improving cooperation and promoting cross-border and cross-sector cost-effective actions. This will avoid duplication of effort while ensuring that the main actors (in particular EU agencies) act in a coherent and efficient manner and develop synergies together. It takes into account the need to have more control in the maritime area while limiting the workload for national and EU administrations.

The added value of EMSA particular activities at EU level are:

As the purpose of the proposal is to amend Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency, it is necessary to propose a Regulation.

N/A (this initiative aims at implementing commitments contained in the European Agenda on migration referring to coastguard activities).

N/A

The initiative is not part of the REFIT agenda but should apply its main principles.

N/A

This initiative requires an increase in the EU contribution to EMSA of around 22 million per year (that is around €87 million for the 2017 to 2020 period) and the recruitment of 17 TA.

This is operational expenditure (title 3) for around €81 million mainly to cover provision of RPAS services (€67 million) and SAT-AIS and Satcom data and services to increase the surveillance capability of the 3 agencies and national authorities to strengthen as a primary objective the control of the external maritime borders of the European Union.

(See also the legislative financial statement attached).

As this measure will be implemented by EMSA, its evaluation will be included in the 5-year evaluation of the agency, which findings and recommendations shall be forwarded by the Commission to the European Parliament and the Council and shall be made public.

N/A

The proposal aims at developing European cooperation on coastguard functions by developing forms of cooperation among European Border and Coast Guard, EMSA and EFCA to improve synergies between those agencies, in order to provide more efficient and cost-effective multipurpose services to national authorities carrying out coastguard functions.

EMSA will lead notably for a significant improvement of the surveillance capability to strengthen the control of the external maritime borders of the European Union through the following actions:

a.    Sharing information generated by fusing and analysing data available in ship reporting systems and other information systems hosted by or accessible to the Agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States;

Output: improving the dissemination of real time and near real time maritime surveillance data between the three Agencies and relevant authorities

Based on the current SLA’s EMSA has with respectively European Border and Coast Guard Agencyand EFCA, maritime information is streamed into the systems of the other Agencies. When improving surveillance capabilities, data of new sensors, in particular of RPAS (including video and infrared data) should be incorporated in the maritime picture, this will require new functionalities in the current system to improve the provision of information and sharing it with the other Agencies and relevant authorities. Software developments and interface upgrades are needed to update the systems to cope with the information from new sensors.

b.    Providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform, such as remotely piloted aircraft systems;

Output: flexible RPAS services for border control surveillance

With the current land- and satellite based technologies, it is still difficult to detect small boats made out of rubber or wood, used to get migrants across the Mediterranean Sea. These types of boats do not generally generate enough reflection to be visible on radar satellite imagery. With optical imagery only very targeted small areas can be covered, provided that it is day time and there are no clouds. Satellite information in general is only available at certain times according to the flight track of the satellites. Additional services based on RPAS (drones), can overcome these limitations.

The Agency will organise and provide, as an institutional service provider, RPAS service operations in support of European Border and Coast Guard Agency and border control authorities. In addition, EMSA as a maritime safety agency will contribute to a more friendly perception of using this technology. This technology has a multipurpose character and can be used for a variety of public tasks at sea (border control, safety of navigation, Search and Rescue, pollution detection, fishery control, law enforcement actions). Strengthening the cooperation between the Agencies will further enhance synergies and multipurpose use of the same assets.

By having EMSA providing RPAS services, European Border and Coast Guard Agency and border control authorities will substantially benefit from the service as EMSA is already collecting, processing, fusing and correlating data of human activity at sea. RPAS derived information would be handled as an additional data source, which will be added to the information streamed into EUROSUR. A scalable service is foreseen with a number of simultaneous RPAS operations in the Mediterranean Sea, to be divided for example over 4 areas of interest: Greek-Turkish border (Aegean Sea), Central Mediterranean Sea (Lybia), West Mediterranean Sea (Strait of Gibraltar) and East Mediterranean Sea (Cyprus region). The deployment should be based on mobile units, which can be relocated as new “hot spots” may develop overtime.

The RPAS services should be cheaper as manned patrol aircraft and should be used as a complementary tool in the overall surveillance chain, including satellite imagery, vessel positioning information and surveillance by maritime patrol aircraft and vessels.

Output: securing AIS data collected by satellite

Until today, EMSA, in collaboration with the European Space Agency (ESA), is providing Satellite-AIS (SAT-AIS) data services at no cost to other EU Agencies and EU Member States through its maritime applications. This data is financed by ESA up to 31st August 2016 after which the research and development programme comes to an end. SAT-AIS data is an invaluable source of information which very much enhances maritime situational awareness. It is assisting both Member States and EU Agencies and bodies (i.e. European Border and Coast Guard Agency, EFCA, MAOC-N) in their surveillance tasks. Without this data, many vessels are not able to be tracked due to the unavailability of other data sources, in particular in the south of the Mediterranean Sea, or because vessels are transiting beyond the coverage of the AIS shore-based stations and therefore cannot be monitored through terrestrial-based AIS systems (the case for activities of fishing vessels under EU flag when operating outside of the EU) .

Amendment to Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (as amended by Reg. 1644/2003; 724/2004; 2038/2006; 100/2013)

Policy area: European transport policy

06: Mobility and Transport

06 02: Inland, air and maritime transport policy

06 02 03: European Maritime Safety Agency

06 02 03 01: European Maritime Safety Agency — Contribution to Titles 1, 2 and 3 with the exception of anti-pollution measures

Migration agenda

European transport policy

Specific objective

To promote safe and secure transport by developing unified European policy standards for safety and security and ensuring a high degree of implementation

ABM/ABB activity(ies) concerned

0602 Inland, air and maritime transport policy

The result of the European cooperation on coastguard functions should be a significant improvement of the surveillance capability to strengthen the control of the external (maritime) borders of the European Union.

a.    Sharing information generated by fusing and analysing data available in ship reporting systems and other information systems hosted by or accessible to the Agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States;

Output: improving the dissemination of real time and near real time maritime surveillance data between the three Agencies and relevant authorities

Based on the current SLA’s EMSA has with respectively European Border and Coast Guard Agency and EFCA, maritime information is streamed into the systems of the other Agencies. When improving surveillance capabilities, data of new sensors, in particular of Remotely Piloted Aircraft Systems (including video and infrared data) should be incorporated in the maritime picture, this will require new functionalities in the current system to improve the provision of information and sharing it with the other Agencies and relevant authorities. Software developments and interface upgrades are needed to update the systems to cope with the information from new sensors.

b.    Providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform, such as remotely piloted aircraft systems;

Output: flexible RPAS (Remotely Piloted Aircraft Systems) services for border control surveillance

With the current land- and satellite based technologies, it is still difficult to detect small boats made out of rubber or wood, used to get migrants across the Mediterranean Sea. These types of boats do not generally generate enough reflection to be visible on radar satellite imagery. With optical imagery only very targeted small areas can be covered, provided that it is day time and there are no clouds. Satellite information in general is only available at certain times according to the flight track of the satellites. Additional services based on Remotely Piloted Aircraft Systems (RPAS or drones), can overcome these limitations.

The Agency will organise and provide, as an institutional service provider, RPAS service operations in support of European Border and Coast Guard Agency and border control authorities. In addition, EMSA as a maritime safety agency will contribute to a more friendly perception of using this technology. This technology has a multipurpose character and can be used for a variety of public tasks at sea (border control, safety of navigation, Search and Rescue, pollution detection, fishery control, law enforcement actions). Strengthening the cooperation between the Agencies will further enhance synergies and multipurpose use of the same assets.

By having EMSA providing RPAS services, European Border and Coast Guard Agency and border control authorities will substantially benefit from the service as EMSA is already collecting, processing, fusing and correlating data of human activity at sea. RPAS derived information would be handled as an additional data source, which will be added to the information streamed into EUROSUR. A scalable service is foreseen with a number of simultaneous RPAS operations in the Mediterranean Sea, to be divided for example over 4 areas of interest: Greek-Turkish border (Aegean Sea), Central Mediterranean Sea (Lybia), West Mediterranean Sea (Strait of Gibraltar) and East Mediterranean Sea (Cyprus region). The deployment should be based on mobile units, which can be relocated as new “hot spots” may develop overtime.

The RPAS services should be cheaper as manned patrol aircraft and should be used as a complementary tool in the overall surveillance chain, including satellite imagery, vessel positioning information and surveillance by maritime patrol aircraft and vessels.

Output: securing AIS data collected by satellite

Until today, EMSA, in collaboration with the European Space Agency (ESA), is providing Satellite-AIS (SAT-AIS) data services at no cost to other EU Agencies and EU Member States through its maritime applications. This data is financed by ESA up to 31st August 2016 after which the research and development programme comes to an end. SAT-AIS data is an invaluable source of information which very much enhances maritime situational awareness. It is assisting both Member States and EU Agencies and bodies (i.e. European Border and Coast Guard Agency, EFCA, MAOC-N) in their surveillance tasks. Without this data, many vessels are not able to be tracked due to the unavailability of other data sources, in particular in the south of the Mediterranean Sea, or because vessels are transiting beyond the coverage of the AIS shore-based stations and therefore cannot be monitored through terrestrial-based AIS systems (the case for activities of fishing vessels under EU flag when operating outside of the EU) .

Without SAT-AIS data, much added value will be lost and there will be a considerable decrease in the maritime situational awareness, negatively impacting the surveillance capability at external borders. It is therefore necessary to acquire SAT-AIS data.

For the coordination and delivery of maritime surveillance data coming from RPAS and other sensors, satellite communication is required. Satellite communication is used for navigation of the RPAS and for transmitting the data collected by its payload. This is a substantial cost driver. The Agency will have to invest in interfaces receiving data from communication satellites and from the European Data Relay System (EDRS) in particular. Certainly the input of multiple data streams in different data formats simultaneously will require software developments. The presented costs do not include satellite transmission costs.

c.    Capacity building at national and Union level by elaborating guidelines, recommendations and best practices as well as by supporting the training and exchange of staff, with a view to enhance the exchange of information and cooperation on coastguard functions;

Output: Training, distant learning and exchange of best practices, and project-based development of common or interoperable operations standards

Strengthening the coastguard functions of national authorities entails also education and training. Already, the Agency has established a significant training portfolio, including e-learning modules for experts of Member States, accession countries and ENP countries. This basis will be used to develop new modules and training sessions strengthening skills and capacities at national level.

Newly developed training courses, workshops for exchanging best practices and e-learning modules as well as new specific area-related projects will help to increase capacity of coastguards, creating common standards and approaches at EU level, which will facilitate multinational cooperation and joint operations.

Improving the dissemination of real time and near real time maritime surveillance data between the three Agencies and relevant authorities:

The upgrade and improvements of the interfaces and functionalities will:

- enable the sharing of data from new sensors (using new data formats);

- contribute to share increased surveillance data amongst all relevant stakeholders.

Flexible RPAS services for border control surveillance:

Increased maritime surveillance at the external borders of the EU should result in:

- early detection of migrant departures;

- better detection of migrants in distress at sea (saving more lives), supporting Search and Rescue operations at sea;

- early and better detection of any other illegal activity whilst crossing the external maritime borders of the European Union;

- utilising these missions for multiple (coastguard) purposes, assisting maritime surveillance for:

   - detection of illegal fishing,

   - detection and interception of drug- trafficking and smuggling,

   - pollution detection and monitoring,

   - support of law enforcement activities.

Surveillance data is “technical assistance” and will be provided to the relevant competent authorities either at national or EU level to give appropriate follow-up.

Securing AIS data collected by satellite:

This information will allow the identification of vessels outside the range of the AIS shore-based stations of EU Member States and will assist users to set up a more complete maritime picture for border control operations. This information will result in:

- being able to discriminate between normal traffic and non-identifiable human activity at sea which may need closer verification by correlating this information with other data sources available at EMSA;

- a better ability to follow the location of national and or EU deployed governmental assets during Search and Rescue (SAR) operations for a more optimal coordination;

- a better ability to deploy assets to the correct geographical position of vessels identified in need of support thus minimising the time for authorities / SAR to arrive to the scene;

- in the possibilty of offereing geospatial intelligence for an accurate and timely monitoring of vessels on a global basis.

If this SAT-AIS data could not be provided, less comprehensive information would be provided about what is happening at the external sea borders.

Communication services, in particular SAT-COM in support of joint operations:

Satellite communications play a vital role when utilising new technologies such as remotely piloted aircraft systems. It is through such satellite communication technology that improved maritime surveillance in (near) real time is provided.

Training, distant learning and exchange of best practices, project based development of common or interoperable operations standards:

Investing in training, e-learning and exchange of best practices, and project based development of common or interoperable operations standards should result in:

- increasing skills and capabilities in the field of coastguard functions at national level, leading to more performant operations;

- increasing the level of harmonisation and common approaches to maritime surveillance and other coastguard functions, leading to interoperability and common operations standards, which should facilitate joint operations.

The most complex and critical process is the organisation of pilot RPAS services.

In 2016, the Agency plans to demonstrate a pilot RPAS service for Member States and EU Agencies. From the regulatory side, the Agency intends to involve EASA and Eurocontrol and, for the user side, European Border and Coast Guard Agency and EFCA are invited to participate in this pilot activity. In addition, the consultation with the European Space Agency should contribute to further development of RPAS solutions for the civil maritime surveillance domain.

The added value of these activities at EU level are:

- providing valuable information to improve surveillance of the external borders of the European Union, with new RPAS services and continued SAT-AIS services which otherwise would not be provided or provided to a lesser extent (aerial surveillance, which is very costly);

- providing services and data at EU level is cost efficient, due to economies of scale, which cannot be obtained by similar actions at national level;

- reuse of data and sharing of data with all concerned EU Member States and EU Agencies, avoiding duplication of effort and offering multiple use of the same data and the same services, enabling the use of new and modern technologies;

- collecting all relevant maritime data on human activity at sea in one place, offering a “one stop shop” solution, which feeds other authorities at national and EU level with this data. The ICT infrastructure and distribution network is already mostly in place and does not need to be developed again. EMSA is already providing different maritime data sets to European Border and Coast Guard Agency and EFCA for which interfaces have been established;

- the use of EMSA’s already established maritime information systems, harmonisation of existing systems and services for promoting information exchange between coastguard authorities on an EU level;

- increasing the collective skills and capacity for coastguard bodies, and assisting them to collaborate and act jointly based on a harmonised approach.

Based on previous military applications of RPAS technology, EMSA has learned what is feasible in terms of a civil RPAS capacity and how RPAS could be useful to improve maritime surveillance at a better price-quality ratio and assist in obtaining better awareness of what is happening at the external maritime borders of the European Union.

Based on the on-going cooperation with the European Space Agency, the use of SAT-AIS data has been proven to greatly improve the maritime situational awareness. Many Member States and European agency users have demonstrated the operational usefulness of SAT-AIS data through real cases to the extent that nowadays they very much base their daily operations on the use of SAT-AIS data. User testimonies have been collected following several user meetings over the past three years. It is therefore clear that without SAT-AIS data, there would be a clear limitation in the quality of the maritime domain awareness which would negatively impact the ability of users to act in an effective way.

In the field of Port State Control, the Agency supports a European wide scheme for a minimum level of training that  enhances capacity building at EU and national level. Moreover, “Core skills” trainings developed for certain functions have proven to be of added value to complement national capabilities and to foster exchange of best practices, and could therefore be of added value for different coastguard functions.

The Agency has an extensive experience in working with national authorities carrying coastguard functions and promoting cross-border cooperation. A recent example concerns assistance to vessels in distress for which the Agency together with the Commission has facilitated the elaboration of operational guidelines on places of refuge on the basis of EU legislation which will promote a harmonised and effective response by national authorities. Such elaboration of operational guidelines and common / interoperable standards and processes could be replicated in other areas.

These additional EMSA tasks are fully in line with European Border and Coast Guard Agency and EFCA mandates and will assist them to also fulfill their duties and tasks. The data obtained from both RPAS and SAT-AIS means will greatly improve their situational awareness. There are already bilateral Service Level Agreements in place between EMSA and European Border and Coast Guard Agency and between EMSA and EFCA for delivery of maritime information services. With European Border and Coast Guard Agency the exchange of currently available data is organised since April 2013 and data is permanently streamed from EMSA into EUROSUR and the European Border and Coast Guard Agency Situation Center. The established practices will be used for the enhanced data streams.

The Agency is audited annually by the European Court of Auditors and annually by the Internal Audit Service of the Commission. There is oversight of activities, programming and budgets by the Administrative Board, including representatives of the Commission, This system as laid down in the EMSA founding Regulation will continue to apply.

There are no additional risks compared to the existing tasks and activities of the Agency.

The additional budget will be subject to the same provisions and safeguards as all the other activities of the Agency.

Anti-fraud measures are included in the EMSA Founding Regulation under Article 20, which regulates the authority of OLAF concerning the activities of the Agency and will continue to apply. A specific anti-fraud strategy has been adopted by the EMSA Administrative Board in November 2015.

060203 European Maritime Safety Agency

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.