Pilot Project - Assessing potential Legal Gaps under UNCLOS and other International and EU frameworks, in and around EU Member State Waters to enhance...

The European Commission DG MOVE intends to launch a planned negotiated procedure (EC-MOVE/2026/MVP/0025-EXA) to commission a nine-month legal study assessing governance and legal gaps under UNCLOS and other international and EU frameworks affecting EU maritime monitoring, enforcement and response in and around Member State waters. The contractor will deliver a legal brief, a detailed analytical report and policy recommendations examining ship reporting schemes, coastal/port/flag State rights and obligations, stakeholder consultations and measures to improve monitoring, surveillance, compliance, enforcement and information-sharing. Expressions of interest must be submitted electronically via the EU Funding & Tenders Portal (EU Login) between 04 May 2026 and 12 May 2026 00:59 Brussels time, with an indicative launch of the negotiated procedure on 20 May 2026. The pilot project budget allocated under Commission Decision 2026/1891 is €120,000 and the contract is classified as a middle/low value services contract (CPV 60640000).

What the contract funds

Scope summary

A commissioned legal study to identify and assess legal and operational gaps affecting the EU capacity to monitor, assess, enforce and respond to maritime threats in and around EU Member State waters and adjacent international waters. The study will examine UNCLOS and other international and EU rules, ship reporting schemes and State practices, consult stakeholders, and propose legal measures to improve monitoring, surveillance, compliance, enforcement and information sharing. Final deliverables: legal brief, detailed analytical report, and recommendations to support EU policy.

Who can apply:Legal consultancies, research organisations, expert consortia and service providers able to conduct comparative legal analysis and stakeholder consultations. Electronic expression of interest via EU Login is required; the procedure is a planned negotiated low/middle value contract (ExA) ¹.

1. 1Analyse UNCLOS, EU directives and relevant jurisprudence and guidance
2. 2Map governance and operational gaps for coastal, port and flag State interactions
3. 3Compare State ship reporting practices and Ship Reporting Schemes
4. 4Conduct stakeholder consultations and draft legal and policy recommendations

Submissions of expressions of interest must be made electronically through the F&T Portal and require an EU Login account with two-factor authentication after June 30 2026. Interested suppliers should monitor the official tender page for publication of contract documents and selection rules EU Funding & Tenders Portal.

Footnotes

1. 1ExA references indicate ex ante publicity for an intended future negotiated low or middle value procurement; this announcement is not yet the call for tenders and further procurement documents will be published at procedure launch.

Basic procurement metadata

Administrative and procedural information

Procedure identifier:EC-MOVE/2026/MVP/0025-EXA. Lead contracting authority: European Commission, Directorate-General for Mobility and Transport (DG MOVE). Procedure type: Planned negotiated procedure for middle/low value contract (ExA publication announcing intent to launch a future negotiated low or middle value procedure). Nature of contract: services. Main CPV classification: 60640000 - Shipping operations. Maximum contract duration: 9 MONTH. Estimated total value: not specified in the published notice. Indicative timeline provided in the notice: start date for expression of interest 04/05/2026 (Europe/Brussels), deadline for expression of interest 12/05/2026 00:59 (Europe/Brussels), indicative date of launch of the negotiated procedure 20/05/2026 (Europe/Brussels).

Purpose and scope of the contract:This contract will fund a comprehensive legal study to identify legal and operational gaps affecting the EU’s capacity to monitor, assess, enforce and respond to maritime threats, with particular focus on international waters around the EU and areas subject to Ship Reporting Schemes. The study must build on existing EU instruments (for example Directive 2002/59/EC on vessel traffic monitoring and information systems VTMIS Directive and Directive 2009/20/EC on marine insurance) and examine how regulatory, reporting, information-sharing and cooperation mechanisms could be adapted or expanded to improve maritime oversight, enforcement and coordinated Union responses, notably in relation to non-compliant or dark/shadow fleets and evolving geopolitical, safety and security challenges ¹.

Required analytical components and activities

1. 1Comprehensive EU legal analysis addressing governance gaps in waters surrounding the EU, taking into account UNCLOS and other relevant international frameworks, international guidance, case law/jurisprudence and best practices.
2. 2Assessment of rights and obligations of States (coastal States, port States) and potential legal limitations vis-à-vis flag States, with analysis of where EU Member State actions are constrained or enabled by international law.
3. 3Comparative analysis of State practices, including existing ship reporting systems and their operations, and identification of strengths, weaknesses and operational limitations.
4. 4Stakeholder consultations as necessary (national authorities, EU agencies, relevant international organisations, industry and civil society) to inform findings and validate practical constraints and options.
5. 5Assessment of information-sharing, reporting and cooperation mechanisms at national, EU and international levels and analysis of interoperability and legal barriers to timely exchange.
6. 6Evaluation of enforcement, monitoring and surveillance legal frameworks and operational constraints affecting the EU’s ability to detect and respond to non-compliance or dark fleet activities.
7. 7Formulation of possible legal measures and policy recommendations to strengthen maritime safety, security and EU strategic interests by improving monitoring, surveillance, compliance, enforcement and information-sharing.
8. 8Preparation and delivery of final outputs: a legal brief, a detailed analytical report, and a set of recommendations to support prospective EU policy and operational action.

Deliverables and outputs

• Legal brief summarising main legal issues, obligations and limits under UNCLOS and other relevant instruments.
• Detailed analytical report including comparative State practice, stakeholder input, operational constraints and legal gap analysis.
• Actionable recommendations and options for EU policy and legislative or cooperative measures to improve maritime oversight, enforcement and information-sharing.
• Documentation of stakeholder consultations and any annexes with technical or legal materials as requested by the contracting authority.

Eligibility, procedural and practical requirements

Eligible applicant types

Permitted applicants are those able to conclude a services contract with the European Commission. Typical eligible applicant types for this procurement include law firms, consultancy firms, consortia including legal and maritime security experts, research institutions and universities with proven maritime and international law expertise, think tanks, specialised NGOs and individual experts if engaged through an eligible legal entity. The notice does not explicitly restrict applicant types to SMEs or to a specific legal form; applicants must satisfy the usual selection and exclusion criteria applied by the Commission in public procurement and be able to register and submit via EU Login.

Funding type and nature of support

This is a procurement (tender) for a fee-for-service contract awarded by the European Commission (DG MOVE). Funding mechanism: service contract (procurement). Support is monetary in the form of contract payments for the provision of services; beneficiaries will be paid according to the terms of the contract. No grant, loan or equity instrument is involved.

Consortium requirement

The notice does not mandate either a single applicant or a consortium structure. Negotiated procedure and typical practice allow single legal entities or consortia/associations submitting a joint offer, subject to meeting selection and award criteria and providing the required evidence of capacity. Applicants should review contracting documents at the tender launch for any explicit consortium rules or subcontracting limits.

Beneficiary geographic scope

Geographic eligibility follows the rules of EU tenders:the contracting authority is the European Commission and the subject matter is EU maritime borders and international law. The publication does not list specific non-EU country restrictions; therefore eligible contractors will generally be legal entities established in EU Member States or other countries eligible under Commission procurement rules and the Public Procurement Directives/Financial Regulation applicable to the procedure. The operational focus is on EU Member State waters and nearby international waters; UNCLOS and international frameworks apply globally but analysis must be tailored to the EU context.

Target sector and thematic focus

Primary sector:maritime transport, maritime safety and security. Thematic focus: international maritime law (UNCLOS), EU maritime regulatory frameworks (VTMIS Directive 2002/59/EC, Marine Insurance Directive 2009/20/EC), ship reporting systems, monitoring and surveillance, enforcement, information-sharing, governance and international cooperation, and strategic maritime policy.

Project maturity and expected tasks

Project stage:research, legal analysis and policy formulation (desk-based legal research, comparative practice analysis, stakeholder consultation, synthesis and recommendation). No technology development or demonstration is required. The activity is analytical and policy-oriented rather than development or commercialization.

Funding amount and contract scale

Estimated total value:the ex ante publication does not state an explicit monetary amount. It is classified as a planned negotiated procedure for a middle/low value contract, indicating a contract of limited to medium financial size under Commission thresholds. The actual contract value will be specified in the tender documents upon launch.

Application method, deadlines and stages

Application type:expression of interest (EOI) followed by a negotiated procurement procedure. Method of expression of interest: electronic via the EU Funding & Tenders Portal; an EU Login account is required (from 30 June 2026 EU Login requires two-factor authentication). Submissions for the EOI must be sent exclusively to the address indicated in the F&T Portal. Important dates from the notice: EOI open 04/05/2026, EOI deadline 12/05/2026 00:59 (Europe/Brussels), indicative launch of negotiated procedure 20/05/2026. The negotiation stage will follow the EOI and the negotiated procedure rules; details will appear in the procurement documents at launch.

Number of application stages:Minimum two application stages are indicated: (1) expression of interest stage (electronic submission via EU Login) and (2) negotiated procedure stage (invited bidders submit full tenders). The negotiated procedure may include further evaluation, clarifications or interview stages depending on the contracting authority’s approach; the exact number of evaluation stages will be set out in the tender documents.

Selection, success rate, co-funding and templates

Selection and success rates

The notice does not provide historical success rates or the number of expected awards. As a negotiated low/middle value procedure, the number of competitors may be limited by invitation following the EOI shortlist; success therefore depends on meeting selection criteria and the contracting authority's requirements. No statistical success rate is published in the notice.

Co-funding requirement

No co-funding is mentioned. This is a procurement contract where the Commission pays for services under contractual terms. Applicants do not normally provide co-funding, although they must budget their proposed work and may subcontract parts of the work under the rules set in the tender.

Application templates and expected structure of proposals

The ex ante notice does not include detailed application templates. Typical Commission tender documentation for service contracts includes: (1) contract notice and specifications (terms of reference), (2) model contract and general conditions, (3) instructions to tenderers, (4) selection and award criteria, (5) financial offer template, and (6) technical offer template. For this study, tenderers should expect to submit a technical offer addressing methodology, work plan, staffing and expertise (legal experts in UNCLOS and EU maritime law, maritime surveillance/operational experts, stakeholder consultation plan), a detailed timetable covering the 9-month maximum duration, a description of deliverables, and a financial offer. Tenderers should be prepared to provide CVs/resumes of key experts, references for similar studies, legal and maritime analysis samples, proof of legal entity status and usual exclusion/selection documentation required by the Commission.

How to express interest and practical submission notes

Expressions of interest must be submitted electronically through the EU Funding & Tenders Portal using an EU Login account. The submission address specified on the opportunity page must be used. Potential applicants should ensure they have an EU Login account and two-factor authentication enabled by the dates required. When the negotiated procedure is launched, the contracting authority will publish the procurement documents and instructions for formal tender submission; applicants should consult the Portal and the published procurement documents for full requirements.

Technical and subject-matter detail applicants must address

Essential legal and operational topics that bidders should be prepared to cover comprehensively in their methodology and technical offer:

1. 1Detailed analysis of UNCLOS provisions relevant to rights and duties of coastal States, port States and flag States, and how these interact with EU Member State capabilities.
2. 2Examination of EU instruments relevant to vessel monitoring and reporting (notably Directive 2002/59/EC on VTMIS and Directive 2009/20/EC) and identification of potential gaps or limitations in their application to international waters and ship reporting systems.
3. 3Legal assessment of enforcement powers available to Member States and the Union when addressing non-compliant vessels, dark fleet operations, and safety/security threats in adjacent international waters.
4. 4Analysis of information-sharing obligations and permissibility under EU law, international law and bilateral/multilateral arrangements, including data protection and confidentiality constraints where relevant.
5. 5Comparative study of Member State and third-country ship reporting systems, best practices in monitoring and compliance, and interoperability of systems.
6. 6Operational constraints: identification of practical barriers (technical, jurisdictional, evidentiary) to surveillance, boarding, inspection, detention and enforcement measures.
7. 7Recommendations for legal and policy instruments (legislative amendments, framework agreements, operational protocols, enhanced reporting obligations or cooperative mechanisms) to strengthen EU strategic maritime oversight.

Qualification and expertise expectations

• Proven legal expertise in international maritime law, including UNCLOS, and EU maritime law.
• Experience with ship reporting schemes, vessel traffic monitoring and maritime surveillance systems, and operational maritime enforcement practice.
• Experience conducting comparative State practice analyses and stakeholder consultations in maritime governance contexts.
• Capability to produce clear legal briefs and detailed analytical reports tailored to policy-makers and operational stakeholders.

Mentioned or implied countries and jurisdictions

The notice explicitly references the European Union and EU Member States (coastal States and port States). The international legal framework referenced is the United Nations Convention on the Law of the Sea (UNCLOS). No specific Member States are singled out in the notice. The geographic focus is waters surrounding the EU and the international waters adjacent to EU territory.

Risk, confidentiality and legal note

This publication is an ex ante notice indicating the Commission's intention to launch a future negotiated procedure. It is not a call for tenders and does not constitute an invitation to tender. Tenderers should consult the formal procurement documents when published for binding requirements, full eligibility rules, selection and award criteria, contract conditions and any confidentiality or security clearance requirements. The EU is a contracting party to UNCLOS, which is relevant background for the legal analysis requested.

Reference materials and link to additional documents:Further documentation and the formal procurement documents will be available on the EU Funding & Tenders Portal at the tender opportunity page and the Commission documentation platform. See the published opportunity and supporting document repository for the ExA notice and background information Opportunity page and the Commission documents room for ex ante publicity practice Information ex ante publicity document ¹.

Summary:what this opportunity is and who should consider applying

This planned procurement funds a targeted legal study to map legal and operational gaps that limit the EU’s capacity to monitor, assess, enforce and respond to maritime threats in and around EU Member State waters, with emphasis on international waters where Ship Reporting Schemes operate and on issues caused by non-compliant or dark/shadow fleets. The selected contractor will provide a UNCLOS-aware EU legal analysis, comparative State practice review, stakeholder engagement, and policy-oriented recommendations to improve monitoring, surveillance, enforcement and information-sharing across national, EU and international levels. Suitable applicants are entities with demonstrable expertise in international maritime law, EU maritime instruments, ship reporting and maritime surveillance, and the ability to produce policy-ready legal reports and recommendations. Interested parties must submit an expression of interest electronically via the EU Funding & Tenders Portal by the published EOI deadline; shortlisting and invitation to the negotiated procedure will follow in line with Commission procurement rules.

Footnotes

1. 1Ex ante publicity notice and related documentation are published on the European Commission's Funding & Tenders Portal and the Commission documents repository: ec.europa.eu and ec.europa.eu

Opportunity Overview

This is a planned negotiated procedure for a middle or low value contract issued by the European Commission's Directorate-General for Mobility and Transport (DG MOVE). The contract seeks to commission a comprehensive legal study to identify and assess governance and legal gaps affecting the EU's capacity to monitor, assess, enforce and respond to maritime threats in international waters surrounding the Union. The project reference is EC-MOVE/2026/MVP/0025-EXA and is published on the EU Funding and Tenders Portal EU Funding and Tenders Portal.

Project Scope and Objectives

The study will focus on identifying legal and operational gaps that impact EU maritime oversight and enforcement capabilities, particularly in international waters where Ship Reporting Schemes are in place. The work builds upon existing regulatory frameworks including Directive 2002/59/EC on vessel traffic monitoring and information systems (VTMIS Directive) and the Marine Insurance Directive 2009/20/EC. The project will examine how broader regulatory, reporting, information-sharing and cooperation mechanisms could be adapted or expanded to enable more effective maritime oversight and coordinated EU responses, with particular attention to non-compliant or dark/shadow fleets and evolving geopolitical, safety and security challenges ¹.

Key Work Areas

• Comprehensive EU legal analysis taking into account the United Nations Convention on the Law of the Sea (UNCLOS) and other relevant international legal frameworks, guidance, jurisprudence and best practices
• Assessment of governance gaps in waters surrounding the EU
• Examination of rights and obligations of EU Member States as coastal States and port States in relation to flag States
• Necessary stakeholder consultations to gather input from relevant maritime authorities and organisations
• Comparative analysis of State practices and current ship reporting systems and their operations
• Recommendations for possible legal measures to strengthen maritime safety, security and EU strategic interests
• Improvement of monitoring, surveillance, compliance, enforcement and information-sharing at national, EU and international levels

Deliverables

The contractor will produce three main deliverables:a legal brief, a detailed analytical report, and a set of recommendations to support future EU policy and actions in maritime governance and enforcement.

Procurement Details

Procedure Type:Planned negotiated procedure for middle or low value contract. This is not an active call for tenders but rather a publication announcing the contracting authority's intention to launch a future negotiated procedure ².

Contracting Authority:European Commission, Directorate-General for Mobility and Transport (DG MOVE)

Contract Classification:Services contract. Main CPV classification: 60640000 - Shipping operations

Maximum Contract Duration:9 months

Estimated Total Value:The estimated total value is not explicitly stated in the procurement notice. However, based on Commission Decision 2026/1891 of 24 March 2026, the budget allocated to this pilot project is €120,000 ³.

Expression of Interest Timeline

Interested parties must submit expressions of interest electronically through the EU Funding and Tenders Portal. An EU Login account is required for electronic submission. The deadline for expression of interest is 12 May 2026 at 00:59 Brussels time.

Who Can Apply

This is a negotiated procedure, which means the European Commission will invite selected contractors to submit tenders rather than issuing an open call. Organisations interested in this contract should submit an expression of interest by the deadline. Eligible contractors typically include law firms, research institutions, consulting firms and other organisations with demonstrated expertise in maritime law, international law, EU law and maritime governance. The contractor must have the capacity to conduct comprehensive legal analysis, undertake stakeholder consultations and produce high-quality policy recommendations.

Key Requirements and Conditions

• Demonstrated expertise in UNCLOS and international maritime law
• Strong knowledge of EU maritime regulatory frameworks including the VTMIS Directive and Marine Insurance Directive
• Ability to conduct comprehensive legal analysis and comparative State practice research
• Experience in stakeholder consultation and engagement with maritime authorities
• Capacity to deliver high-quality written outputs including legal briefs, analytical reports and policy recommendations
• Understanding of EU maritime security and strategic interests
• Ability to work within a 9-month timeframe
• Electronic submission capability through EU Login system

Strategic Context

This pilot project is part of the European Commission's broader maritime policy agenda under DG MOVE. The EU is itself a contracting party to UNCLOS and seeks to strengthen its maritime governance frameworks to address contemporary challenges including non-compliant vessels, evolving geopolitical threats and the need for enhanced information-sharing and enforcement coordination among Member States. The project supports the EU's strategic interests in maritime safety, security and effective ocean governance.

How to Participate

Interested organisations must create or use an existing EU Login account to access the EU Funding and Tenders Portal. As of 30 June 2026, two-factor authentication will be required for all EU Login accounts. Organisations should navigate to the tender details page and submit their expression of interest electronically before the deadline of 12 May 2026 at 00:59 Brussels time. The portal allows submission of questions and requests for clarification through its Q&A functionality. Detailed procurement documents and guidance are available through the portal.

For further information, organisations can consult the EU Funding and Tenders Portal helpdesk or review the guidance documents available on the portal regarding negotiated procedures for low and middle value contracts.

Important Notes

This publication is not an active call for tenders but rather an announcement of the Commission's intention to launch a negotiated procedure in the future. The actual call for tenders is expected to be launched around 20 May 2026. Organisations submitting expressions of interest should be prepared to respond quickly once the formal negotiated procedure is launched. The contract is classified as a middle or low value contract under EU procurement rules, which allows for a negotiated procedure rather than an open competitive tender process.

Footnotes

1. 1The project specifically addresses concerns about non-compliant vessels, often referred to as dark or shadow fleets, which operate outside normal regulatory oversight and reporting requirements. These vessels pose risks to maritime safety, security and environmental protection.
2. 2References with 'ExA' in the procedure identifier indicate planned negotiated procedures for low or middle value contracts. These are not active calls for tenders but rather advance notifications of the Commission's procurement intentions, allowing interested parties to prepare expressions of interest.
3. 3The €120,000 budget allocation is specified in Commission Decision 2026/1891 of 24 March 2026 under budget line PP 02 26 01 for this pilot project on assessing legal gaps under UNCLOS and other frameworks in EU Member State waters.