Portraying CISE participants and access rights Current situation and best options Functions/ Current user access rights and Identification of barriers Best CISE options on portraying CISE User Communities responsibility to share participants and access rights Legal (L), technical (T) and cultural (C) (Remarks/comments and overall (Legal basis for data exchange, categorisation of conducive environment for planned legal activities, actors (if data sharing - A (low) , B (medium) or C A. General B. C. Administrative D. Legislative specified) and geographic/regional (high) nature Specific burdens (reporting complexity coverage) nature implications) (simplification) Marine pollution Purpose Analysis The Directive does not provide for any The purpose of the Directive (Art. A: The limits to responsibility to share pursuant to Art. 3 are set in specific regime for information sharing Directive No. 1) is to guarantee the right of Art. 4 and include, among other things, the confidentiality of among the authorities of other user 4/2003 on public access to environmental commercial or industrial information, intellectual property rights, the communities, but it sets the baseline for an access to information held by public confidentiality of personal data, international relations, public open information sharing environment with environmental authorities and to ensure that this security or national defence. very few restrictions and, as such, may serve information information is progressively made When the information falling within the scope of the exceptions can as an inspiration to other functions. available and disseminated to the be separated from the rest of the information requested, Regarding potential legislative initiatives it is Legal base: TFEU public environmental information shall be made available in part an option to limit the exceptions stated in Art. 192 Art. 4, however that is also based on general Information collected B: No specific barriers to cross-function information exchange were principles of good administration and The Directive as such does not detected. corresponds with related community envisage the collection of data legislation. Relevant articles for access rights and responsibility to share Art. 3 provides that public authorities have responsibility to
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.
20130708-cowi-a031379_interim_report_legal_final_130524.docx