COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 22.04.1998 
COM(1998) 233 final 
96/0281 (SYN) 
OPINION OF THE COMMISSION 
on the amendments proposed by the European Parliament 
to the Council's common position on the 
proposal for a 
COUNCIL DIRECTIVE 
on the registration of persons sailing on board passenger ships 
(presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) 

OPINION OF Till- COMMISSION 
on the amendments proposed by the European Parliament 
to the Council's Common Position 
on the proposal for a 
COUNCIL DIRECTIVE 
on the registration of persons sailing on board passenger ships 
On 11 March 1998 the European Parliament adopted 7 amendments to the common position on 
the above proposal which was adopted by the Council on 11 December 1997. The amendments 
of the Parliament are attached to this memorandum. 
In pursuance of Article 189c, section (d), the Commission has reconsidered its proposal and 
decided not to accept the said amendments for the following reasons: 
Amendments N° 1 to 3 related to new recitals to be inserted in the recitals of the 
common position. 
They are meant to highlight a lack of progress in the safety of maritime transport 
of passengers and the non-implementation of recommendations after the tragedy 
of the Herald of Free Enterprise with suggestions to improve the stability and 
construction of ro-ro passenger ships. The Commission is of the opinion that 
these recitals are either in contradiction with the achievements both at EC level 
and at international level or are referring to matters outside the scope of this 
Directive. 
Amendments 4 and 5 related to an extension of the scope of the Directive to "under sea" 
rail tunnels involving car shuttle journeys. 
These amendments deal with the Channel situation and are meant to impose the 
registration of the particulars of the passengers on "all 'under sea" rail tunnels 
involving car shuttle journeys in excess of 20 miles". Justifications for such 
amendments are competitive pressures following the introduction of "under sea" 
train services through the Eurotunnel and the advantage of having similar 
information in the case of a fire in the tunnel, as this was the case following the 
near disastrous fire in the Channel Tunnel in 1996. The Commission could not 
follow the European Parliament on this issue since this Directive primarily aims 
to implement in an harmonised way internationally agreed maritime rules. In 
addition, there are no convincing arguments to have different rules for rail 
tunnels according to whether they go under the sea or not and serious doubts 
exist as to whether a passenger registration scheme of the type proposed for 
ferry operations would add sufficient value to the detailed safety regime 
developed specifically for the Channel Tunnel by the French and British 
authorities. With regard to a possible distortion of competition between 
transport modes arising from the implementation of this Directive, the 
Commission seeks to achieve equitable conditions of competition between 
transport modes by a variety of means, but for very practical reasons that 
cannot mean legislating for one sector simply because another has become 
subject to a law which imposes new obligations. The need for passenger 
registration on ships stems from actual ferry disasters such as the "Estonia" 
and the "Herald of Free Enterprise" and from obligations under the SOLAS 
Convention. Neither these experiences, nor such international rules, apply to 
Channel tunnel operations. 
Amendment 6 related to Article 5 of the common position. 
The first part of the amendment aims to ensure that the information on 
passengers shall be recorded for journeys of minimum two hours or if the 
distance between the two ports is at least 20 miles. The second part is meant to 
impose the communication of this information to the shore before the departure 
of the passenger ship. The Commission is of the opinion that Article 9 of the 
Common position provides the necessary flexibility to cope with journeys of 
short duration and that Article 5 in conjunction with Article 8 will ensure that 
the information will always be available when needed. 
Amendment 7 related to Article 9 of the Common Position. 
This amendment is linked with the first part of amendment 6 and could 
consequently not be accepted. 
Therefore the Commission confirms its agreement on the common position adopted by the 
Council on 11 December 1997. 
In Annex: the 7 amendments. 
(Amendment 1) 
Recital 2 
2. Whereas the Community is seriously 2. Whereas the Community is seriously 
concerned by shipping accidents involving concerned by the limited progress in the safety 
passenger ships which have resulted in massive of maritime transport of passengers in the eleven 
loss of life, particularly those involving the years since the accident of the passenger ferry 
"Herald of Free Enterprise" and the "Estonia". "Herald of Free Enterprise" on the 6th March 
1987. which caused the loss of 191 lives and thp 
"Estonia" on the 28th of September 1QQ4; (rest 
unchanged) 
(Amendment 2) 
Recital 2 bis (new) 
Whereas the lack of political will to improve thp 
safety aspects of maritime transport and fhp 
setting aside of the recommendations included in 
the Sheen report, drawn in the aftermath of the 
"Herald of Free Enterprise" disaster, have 
resulted in . the continuation of this 
unsatisfactory situation; 
(Amendment 3) 
' ' ' Recital 8 bis (new) V 
Whereas safety standards for the design and 
building of Ro-Ro passenger vessels, including 
watertight bulkheads and sponsons. are required 
urgently and must be included in the future 
measures to improve safety at sea: 
(Amendment 4) 
Artiple la (new) 
la. This Directive shall also apply to all 'under 
sea* rail tunnels involving car shuttle iournevs in 
excess of twenty miles. 
(Amendment 5) 
Article 3(1) 
This Directive shall apply to passenger ships This Directive shall apply to all 'under sea' rail 
with the exception of: tunnels involving car shuttle journeys of more 
than twenty miles and to passenger ships with 
the exception of: 
ships of war and troop ships; and - ships of war and troop ships; and 
pleasure yachts unless they are or will be - pleasure yachts unless they are or will be 
crewed and carrying more than twelve crewed and carrying more than twelve 
passengers for commercial purposes passengers for commercial purposes 
0> 
(Amendment 6) 
Article 5 
1. The following information shall be recorded 
regarding every passenger ship that departs 
from a port located in a Member State to 
undertake a voyage of more than twenty miles 
from the point of departure 
the family names of the persons on 
board, 
their forenames or initials, 
their sex; 
an indication of the category of age 
(adult, child or infant) to which each 
person belongs, or the age, or the year 
ofbirth; 
when volunteered by a passenger, 
information concerning the need for 
special care or assistance in emergency 
situations. 
2. That information shall be, collected before 
departure and communicated ynot later than 
thirty minutes after the passenger ship's 
departure to the company's passenger registrar 
or to a shore-based company system that 
performs the same function 1. The following information shall be recorded 
regarding every passenger ship that departs 
from a port located in a Member State if the 
normal journey time is estimated to be at least 
two hours or if the distance between the two 
ports is at least 20 miles: 
the family names of the persons on 
board; 
their forenames or initials; 
their sex; 
an indication of the category of age 
(adult, child or infant) to which each 
person belongs, or the age, or the year 
ofbirth; 
when volunteered by a passenger, 
information concerning the need for 
special care or assistance in emergency 
situations. 
2. That information shall be communicated 
before the passenger ship's departure to the 
company's passenger registrar or to a shore-
based company system that performs the same 
function. 
(Amendment"!) 
Article 9(1)' 
1. A Member State from whose port a 
passenger ship departs may lower the 20 mile 
threshold mentioned in Article 5. t 1. A Member State from whose post a 
passenger ship departs may lower the flyp hPHE 
0120 mile threshold mentioned in Article 5. 

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