It is not possible to impose sufficient level of commercial licensing fees to cover contingent and potentially catastrophic consequences of a major marine disaster. This is one of the main reasons that governments have traditionally been providers of the only official chart for navigation.
The main difference between commercially produced vector charts and an ENC produced by a national Hydrographic Office is that an ENC can be produced from the original survey data, which are many times more detailed than the paper chart produced from it.
Erroneous comparisons with Aeronautical Products have been drawn. The safety imperative in air travel imposes a high level of self-regulation. The total claim cost related to aircraft accidents is normally confined to loss of live with little environmental impact. Whereas the ICAO has recently supported an Australian proposal to increase copyright recognition in the aeronautical industry IMO is asked to consider endorsing a policy that will inevitably lead to increased pressure on government copyright in charts.
Australia does not support the Italian proposal and recommends the following:
(a) the adoption of the definition of "Official Nautical Chart" as detailed in draft regulation 2;
(b) the removal of the definition of "Nautical Chart" as detailed in draft regulation 2;
(c) the inclusion of the definition of "Electronic Navigational Chart" as detailed in resolution A.8 17 (19) in draft regulation 2.
Bahrain
Bahrain does not support the Italian Proposal.
Brazil
In accordance with Brazilian legislation, the Nautical Cartographic Plan shall be elaborated and carried out by the Ministry of Navy via the Directorate of Hydrography and Navigation.
Brazil does not support the Italian Proposal.
Canada
Coastal States have the right to "approve" any charts in their territorial waters and exclusive economic zones.
Data held by HO's is extensive and has been expensive to obtain. The Canadian people own the data. The Canadian Hydrographic Service has been delegated custodianship and is expected to recover some of the costs of acquisition and production. It is further protected by copyright.
"Official" charts are legal documents on which boundaries; zones and areas are demarcated. They could be used in court cases and as they indicate the Government view, they must be official.
