COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 23.07.1997 
COM(97) 340 final 
96/0281 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the registration of persons sailing on board passenger ships 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
During its 23-29 May Plenary Session, the European Parliament approved, subject to a number of 
amendments, the Commission's proposal for a Council Directive on the registration of persons 
smling on board passenger ships . The Economic and Social Committee delivered its opinion on 23 
April 19972. 
It is intended by the amendments adopted by the European Parliament to introduce some 
flexibility in the Directive, to highlight a lack of progress in the safety of maritime transport of 
passengers and 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. The Commission is prepared to take 
care of the request for more flexibility so far as such flexibility does not affect the application of 
the registration of persons on board ships sailing in areas where dense traffic exists and with often 
prevailing adverse weather and sea conditions. Such flexibility has also been suggested by the 
Economic and Social Committee. On the other hand it has difficulties in following the EP in its 
allegation of a lack of results in the field of maritime safety or on their suggestion that the scope 
be widened by including 'under sea' rail tunnels in the Directive. 
More precisely, the Commission could not accept : 
» the amendments to insert new recitals since it is of the opinion that they 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. 
* the amendment proposing a new Article la and consequently the amendments to Articles 3(1) 
and to the introductory sentence of Article 8 taking account of the maritime origin of the 
proposal (SOLAS Convention) and due to the fact that the possible added value of the 
application of this Directive to tunnels under the sea has not been investigated. The 
Commission however takes note of the suggestion voiced by the EP to impose a registration 
system for cars using railway shuttles and is prepared to investigate the merits of such a 
proposal. This however, should not be dealt with in this Directive. 
• the amendment to article 2 introducing a definition of 'seagoing passenger ship' since the 
proposed wording of such definition will result in an automatic non-application of the 
Directive in sheltered waters. 
» the amendment to Article 6a imposing an obligation upon the master to communicate, as a 
general rule, to the company, the number of persons carried on board and in addition for 
voyages exceeding 20 miles, the particulars of those persons. The Commission is of the 
opinion that it is essential to ensure that both the number and the information on persons is 
collected before departure of the ship. However this should not be achieved by putting an 
additional burden upon the master. To underline this essential principle the Commission 
proposes a slightly redrafted Article 6. 
COM(%) 574 final 25.1 ! .19%. 
O.J. N°C of 1997, p. 
^ 
To cope with the objective of more flexibility, the EP proposed to amend Article 6 and 
consequently Article 9a. The Commission concurs with the principle for more flexibility, but pi efers 
to achieve this flexibility through the possibility of exemptions and derogations, to be granted by the 
Conuiiission, with assistance of the advisor}' Committee, under well defined conditions. Therefore 
it proposes to amend Article 9 and tc replace the definition of "sheltered waters" in Article 2 by a 
definition of "Protected sea area", also adding a definition of "regular sen-ice". 
Equally the Commission also accepts to insert in Article 6 a reference to the precise age, not in 
replacement of, but in addition to, the requirement to provide an indication of the age, in order to 
maintain a necessary degree of flexibility. For the same reasons the Commission prefers to keep the 
possibility to provide the first name or the initial instead of only the first name as suggested by the 
EP. At the same time some editorial improvements have been made 
Finally the Commission supports the idea behind the amendment to Article 8 2nd paragraph and 
thus proposes an improved wording. 
Therefore in compliance with Article 189A, paragraph 2, the Commission modifies its proposal. 
Amended proposal for a 
Council Directive 
on th£ registration of persons sailing on board passenger ships 
-Original text— —Amended lex I— 
Article 2, last indent 
'•.ihsligrcd- -waters" means areas where DELETED 
the annual probability of the significant 
wave height exceeding 1,5 m is less than 
10%, and in which a passenger ship is at 
no time more than six miles from a place 
of remge where shipwrecked persons 
can land. 
Article 2, new indents 
"protected sea area" means a sea area 
sheltered from open sea effects where a 
ship is at no time more than six miles 
from a place of refuge where 
shipwrecked persons can land and in 
which the proximity of search and rescue 
facilities is ensured; 
"regular service" means a series of ship 
crossings operated so as to serve traffic 
between the same two or more points, 
either: 
a) according to a published timetable; or 
b) with crossings so regular or frequent 
that they constitute a reconizable 
systematic series; 
A itidfc d 
The following information shall be 
recorded for all passenger ships which 
depart: from a port located in a Member 
State undertaking voyages of more than 2C 
miles from the point of departure: 
the names of the persons on board, 
the first name or initial, 
the gender 
an indication about the category of 
age (adult, child or infant) to which 
the person belongs. The following information shall 
be recorded for all passenger-
ships which depart from a port: 
located in a Member State 
undertaking voyages of more 
than 20 miles from the pornt of 
departure: 
- the surnames of the persons on 
board, 
- the first: names or initials, 
- the gender 
- an indication about the category 
of age (adult, child or infant) to 
which the person belongs, or 
age, or year of birth.. 
when volunteered by a passenger, 
information as to the need for 
special care or assistance in 
emergency situations. -when volunteered by a 
passenger, information as to the 
need for special care or 
assistance in emergency 
situations. 
Thir information shall be communicated 
not later than 30 minutes after departure of 
the passenger ship to the designated person 
of the company. 2. This information shall be collected 
before departure and communicated not 
later than 30 minutes after departure of the 
passenger ship to the designated person of 
the company. 
Article 8 
All companies assuming the responsibility 
for operating a passenger ship referred to 
in Article 3, shall: 
set up a system for the registration 
of the information required under 
the provisions of Articles 5 and 6, 
The system shall conform with the 
criteria set out in Article 11, 
appoint a designated person 
responsible for the keeping and the 
transmission of the information 
required by this Directive. 
The company shall ensure that information 
required by this Directive is immediately 
transmitted to the designated authority or 
can at all times be made readily available to 
this authority. All companies assuming the responsibility 
for operating a passenger ship referred to 
in Article 3, shall: 
set up a system for the registration 
of the information required under 
the provisions of Articles 5 and 6. 
The system shall conform with the 
criteria set out in Article 11, 
appoint a designated person 
. responsible for the keeping and the 
transmission of the information 
required by this Directive. 
The company shall ensure that information 
required by this Directive shall be. at all 
times readily available for transmission to 
the designated authority for search and 
rescue purposes in the event of an 
emergency or in the aftermath of an 
accident. 
The information shall not be kept longer 
than necessary for the purpose of this 
Directive and as a general rule shall be 
deleted as soon as the ship's voyage in 
question has been safely completed. 
The company shall ensure that information 
on details of persons who have declared a 
need for special care or assistance in 
emergency situations, shall be properly 
recorded and communicated to the master 
prior to departure of the passenger ship. The information shall not be kept longer 
than necessary for the purpose of this 
Directive and as a general rule shall be 
deleted as soon as the ship's voyage in 
question has been safely completed. 
The company shall ensure that information 
on details of persons who have declared a 
need for special care or assistance in 
emergency situations, shall be properly 
recorded and communicated to the master 
prior to departure of the passenger ship 
Article 9 
A Member State from whose port a 
passenger ship departs may lower 
the 20 mile threshold mentioned in 
Article 6. A Member State from whose port a 
passenger ship departs may lower 
the 20 mile threshold mentioned in 
Article 6. 
A Member State from whose port a 
ship departs may exempt passenger 
ships operating in sheltered waters 
on scheduled services, with a 
duration less than 30 minutes 
between port calls, from the 
obligation to communicate to the 
designated person of the company 
as mentioned in Article 5. 
A Member State from whose port a 
ship departs may exempt from the 
obligations of Article 6 passenger 
ships operating exclusively in 
sheltered waters on the condition 
that adequate and sufficient search 
and rescue facilities are available in 
the area in which such ships 
operate. 
A Member State shall not exempt, 
under the provisions of this 
Directive, passenger ships sailing 
from its ports, flying the flag of a 
third party contracting flag State to 
SOLAS, which under the relevant 
SOLAS provisions do not concur 
to the application of such 
exemptions. 
In the circumstances set out in 
paragraph 2, the following 
procedure shall apply: 
a) the Member State shall inform 
the Commission of the 
exemption decision without 
delay giving substantial reasons 
therefor, 2. A Member State from whose port a 
ship departs may exempt from the 
obligation to communicate to the 
designated person of the company 
as mentioned in Article 5. 
passenger ships operating 
exclusively in a protected sea area 
on regular services with a duration 
less than 1 hour between port calls, 
A Member State may exempt from 
the obligation laid down in Article 6 
passenger ships sailing, on journeys 
between two ports or the same 
port, exclusively in protected sea 
areas. 
3. In the circumstances set out in 
paragraph 2, the following 
procedure shall apply: 
a) the Member State shall inform 
the Commission of the 
exemption decision without 
delay giving substantial reasons 
therefor; 
b) If the Commission within the 
period of six months from the 
notification, considers that the 
exemption is not justified or 
could have adverse effects on 
competition, it may, acting in 
accordance with the procedure 
laid down in Article 13, 
paragraph 2, require the 
Member State to amend or 
withdraw the exemption 
b) If the Commission within the 
period of six months from the 
notification, considers that the 
exemption is not justified or 
could have adverse effects on 
competition, it may, acting in 
accordance with the procedure 
laid down in Article 13, 
paragraph 2, require the 
Member State to amend or 
withdraw the exemption. For regular services in an area 
where the annual probability of the 
significant wave height exceeding 2 
m is less than 10%, and as far as the 
voyage does not exceed 
approximately 30 miles from the 
point of departure or when the 
passenger ship is predominantly 
used by commuters, a Member 
State whose port passenger ships 
sail on a domestic voyage or two 
Member states between whose 
ports passenger ships sail, mav 
request the Commission, if they 
consider it impracticable for 
companies to record the 
information mentioned in Article 
6.1 to derogate, wholly or partly, 
from this requirement. 
To this end, evidence on the 
impracticability shall be provided. 
In addition, it shall be demonstrated 
that in the area where such ships 
operate, shore based navigational 
guidance and reliable weather 
forecasts are provided and that the 
adequate and sufficient search and 
rescue facilities are available. 
Derogations granted under this 
paragraph shall not have an adverse 
effect on competition. 
A decision shall be taken in 
accordance with the procedure laid 
down in Article 13, paragraph 2. 
5. A Member State shall not, under the 
provisions of this Directive, exempt nor 
grant derogations to passenger ships 
sailing from its ports, flying the flag of 
a third party contracting flag State to 
SOLAS, which tinder the relevant 
SOLAS provisions do not concur to 
the application of such exemptions 
ISSN 0254-1475 
COM(97) 340 final 
DOCUMENTS 
EN 07 04 
Catalogue number : CB-CO-97-330-EN-C 
ISBN 92-78-21883-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg