PROPOSAL FOR A COUNCIL DIRECTIVE ON THE REGISTRATION OF PERSONS SAILING ON BOARD OF PASSENGER SHIPS
Date: 1996-11-25
Institutions: European Commission
Subjects: carriage of passengers, ferryboat, information, maritime transport, transport safety

^iPPPIiliSlliPW? 

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  25.11.1996 
COM(96)  574  final 

96/0281  (SYN) 

PROPOSAL  FOR  A  COUNCIL  DIRECTIVE 

ON  THE  REGISTRATION  OF  PERSONS 
SAILING  ON  BOARD  OF  PASSENGER  SHIPS 

(presented  by  the.Commission) 

LIST  OF  CONTENTS 

EXPLANATORY  MEMORANDUM 

GENERAL  INTRODUCTION 
PURPOSE  OF  THE  LEGISLATION 
JUSTIFICATION  FOR  A  COUNCIL  DIRECTIVE 
CONTENT  OF  THE  COUNCIL  DIRECTIVE 
SPECIAL  CONSIDERATIONS 

LEGISLATIVE  ACT 

DECISION  OF  THE  EEA  JOINT  COMMITTEE 

FINANCIAL  STATEMENT 

IMPACT  ASSESSMENT  FORM 

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10 

13 

22 

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27 

EXPLANATORY  MEMORANDUM 

GENERAL  INTRODUCTION 

1. 

In the aftermath  of the  "Estonia"  disaster  the Council  requested1  the  Commission 
to  present  a  proposal  for  a  mandatory  requirement  on  the  registration  of 
passengers  aboard  Ro-Ro  passenger  ferries.  Consequently  the  Commission  has 
included  this  item  on  its  legislative  programme  for  1996. 

Information  on passengers on board passenger ships is a fundamental  requirement 
to  enhance  effectiveness  of  emergency  services  in  the  aftermath  of  an  accident. 
For  example,  it  would  enable  the  competent  authorities  to  provide  rapid  and 
adequate  information  to  the  families  of  persons  aboard  about  the  situation. 
Moreover,  information  is  needed: 

to  be aware  of  whom  to  look  for  and  what  precautions  to  take:  Search 
and rescue  (SAR)  operations  may be more  efficient  when  knowing  the 
categories of people you are dealing with (children/elderly,  male/female 
etc.), 
to  provide  more  clarity  on  the  legal  issues,  e.g.  insurance  matters  in 
case  of  death  or disappearance.  Persons  involved  in maritime  disasters 
are  quite  often  mutilated  beyond  recognition,  or  it  is  impossible  to 
retrieve  them  from  the  wreck,  or  they  cannot  be  found, 
to  improve  medical  care  in  case  of  serious  injury.  In  most  States 
medical  records may  be acceded to if the patient  is correctly  identified, 
hence  enabling  more  adequate  medical  treatment. 

Furthermore,  precise  information  on the number  of  persons  on  board  is  required 
to  ensure  they  do  not  exceed  the  maximum  permitted  for  a  given  ship. 

2. 

The  question  of  passenger  registration  has  also  been  addressed  within  the 
International  Maritime  Organization  (IMO).  In  November  1995  a  SOLAS 
Conference  adopted  an  amendment  to  the  SOLAS  Convention  introducing  the 
principle  of passenger  registration  in a specific  Regulation  (Regulation  III/24-2). 
This  new  SOLAS  rule  shall  apply  from  1/7/1997  to  all  passenger  ships  in 
international  voyages. 

Although  the  Governments,  when  adopting  this new  SOLAS  rule,  never  had  the 
intention  to  reach  that  conclusion,  the  scope  of  SOLAS  Regulation  III/24-2  is 
restricted  to  vessels  built  after  1/7/1986.  To  remedy  this  situation  the  European 
Commission  and  in its capacity  as President  of the Council,  Italy, proposed  to the 
Expanded  Maritime  Safety  Committee  to  amend  the  Regulation  to  ensure  the 
application  to  all  passenger  ships  in  international  voyages. 

Council  Resolution  of  22  December  1994 on  the  safety  of  roll-on/roll-off  passenger  ferries, 
(94/C  379/05),  O.J.  N°  C  379  of  31.12.94,  p.8. 

On 4 June the Expanded  Maritime  Safety  Committee  adopted resolution MSC 47 
(66)  "Adoption  of  amendments to the  International  Convention  for  the  Safety  of 
Life  at  Sea,  1974"  replacing  the  existing  text  of  Chapter  III  of  the  Annex  of 
SOLAS by a new Chapter. Regulation III/24-2 on "Information  of passengers" has 
been  replaced  by  a new  Regulation  111/27, which  stresses  that  the  Regulation  is 
applicable  to  all  passenger  ships  in  international  voyages.  This  amendment  shall 
enter  into  force  on  1/7/1998. 

3  a)  The  Commission  is  of the  opinion  that  this  SOLAS  Regulation  should  form  the 
basis  for  the EC  legislation. For this reason  the Commission  does not restrict  the 
scope  of  its proposal,  as initially  suggested  by  the  Council,  only  to  ro-ro  ferries 
on  international  voyages,  but  proposes  to  extend  the  scope  to  encompass  all 
passenger  ships  operating  to  and  from  Community  ports,  both  on  domestic  and 
international  voyages. 

With  this proposal  the  Commission  strives  to  ensure  a harmonized  and  coherent 
implementation  of  SOLAS  Regulation  111/27 for  all passenger  ships sailing  from 
EC  ports  and  to  ensure that  all contracting  parties to  SOLAS  apply  correctly  the 
relevant  SOLAS provisions for  their  ships  sailing to an EC port.  In doing  so,  the 
Commission  was  faced  with  two  specific  problems:  on  one  hand  some 
shortcomings  of Regulation 111/27 and on the other, the particularities  of  SOLAS 
for  which  it  was  bound  to  find  an  acceptable  solution. 

As  main  shortcomings  the  Commission  identified  the  scope  of  the  SOLAS 
Regulation  111/27, which only addresses  international  voyages and the wide range 
of  possibilities  to  derogate  from  this  Regulation. 

Flag  State  Administrations  may  for  example  exempt  passenger  ships  from  the 
requirements  to  provide  detailed  information  if  the  scheduled  voyages  of  such 
ships  render  it  impracticable  for  them  to  prepare  such  records.  Moreover,  under 
Regulation  III/2.1  flag  State Administrations  are  given  the possibility  to  exempt 
ships  which,  in  the  course  of  their  voyage,  do  not  proceed  more  than  20  miles 
from  nearest  land.  This  creates  the  possibility  to  exempt  from  the  Regulation 
passenger  ships  sailing  on  a  voyage,  irrespective  of  its  length,  in  a  zone  of  40 
miles  between  two  shores.  Possibilities  to  derogate,  combined  with  possible 
divergent  interpretation  by  both  Member  States  and  third  countries  would 
implementation  of 
undoubtedly  create  uncertainty  and  lead  to  a  differing 
legislation in the EU. The Commission's proposed Directive introduces, in the EU, 
a  coherent  legislative  framework  for  the  registration  of  persons  sailing  on  board 
of  passenger  ships  to  and  from  Community  ports. 

the  1974  SOLAS  Convention  and 

Although 
its  1978  Protocol  contain 
commitments of the Contracting Governments, most of the provisions, particularly 
those  of  Chapter  III  of  SOLAS, are  meant  to  be  applied  to  ships  flying  the  flag 
of  States of the  Contracting  Governments. Regulation 111/27 deals, however,  with 
search and rescue matters, for which the flag  State not always bear  responsibility. 
It  must  be  stressed  that  international  law  does not  allow  a  flag  State  to  regulate 
matters  which  do  not  fall  under  its jurisdiction.  This  is  the  case  for  search  and 
rescue  (SAR)  provisions,  which  are  the  sole  responsibility  of  the  port  State.  A 
coherent and practicable implementation of Regulation 111/27 for search and rescue 

purposes  therefore  requires  an  appropriate  interface  with  the  shore-based 
authorities  that  bear  responsibility  for  the  operative  area  under  the  1979 
International  Convention  on  Maritime  Search  and  Rescue.  Underlining  that  the 
"right" given to a flag State to exempt  ships from  SOLAS provisions cannot  lead 
to making the "exemption the rule and the general rule becoming the exemption", 
the Commission is of the opinion that the obligations of flag States to  implement 
Regulation  111/27, and  in particular  the  possibility  to  exempt  some  ships,  cannot 
be  exercised  without  a consensus among  the port  States  concerned. 

In  order  to  ensure  a  harmonized,  coherent  and  practicable  information  and 
registration system, offering  the best guarantees to passengers and crew in case of 
an  accident, the  Commission  with  its proposal,  therefore,  addresses  the  Member 
States  both  as  flag  States  and  as  port  States.  The  latter  responsibilities  will  be 
implemented  through  relevant  port  State  obligations  imposed  on  all  ships, 
irrespective  of  their  flag,  when departing  from  a  Community  port.  Furthermore, 
this Directive  will help  all  flag  States  to  implement  their  SOLAS  obligations  in 
a  coherent manner in using the information  and registration framework  set out by 
this  Directive. 

The provisions of this Directive, related  to passenger ships flying a flag of a third 
country  on  their  departure  from  Community  ports,  do  not  impose  any  higher 
requirements  regarding  passenger  registration  than  the  general  rules  of  SOLAS. 
Yet,  as  far  as  derogations  are  concerned,  the  Directive  imposes  stricter 
requirements  than  the  SOLAS  rules. 

This  implies  that  port  States can  only  grant  derogations to  ships  departing  from 
their ports in accordance with the provisions of the Directive. Therefore, also ships 
flying  the  flag  of a third  country  might  not  be  exempted  when  departing  from  a 
Community  port  from  the obligations  of registering  passengers,  if the  conditions 
set  out by  the  Directive  for  granting  exemptions  are  not  fulfilled.Thus  in  certain 
cases,  ships  flying  the  flag  of  a  third  country  which  are  exempted  by  their  flag 
States under  SOLAS  rules might not be  exempted  by  the port  State according  to 
the  Directive. 

The  Commission  points  out  that  according  to  the  general  rules  of  international 
law,  it could  be deemed justified  for  the  port  State  to  impose  certain  obligations 
on ships flying the flag of another  State whenever such obligations fall within  the 
competence  of  the  port  State.  For  search  and  rescue  activities,  this  is the  case. 

It  is  not  conceivable  that  in  the  SAR  context  a  flag  State  should  challenge  a 
harmonized  implementation  of  exemptions  from  the  general  SOLAS  provision, 
imposed by a port  State with the aim to apply coherently, on all ships  irrespective 
of  their  flag,  a general  SOLAS  principle. 

Furthermore, as the provisions of the Directive apply to all ships flying a Member 
State  flag,  it  is  not  considered  impracticable  to  impose  the  registration  of  the 
particulars  on  passengers  on  board  passenger  ships  on  all  voyages  of  more  than 
20 miles from the port of departure. Accordingly, exemptions are authorized  only 
for  passenger  ships  sailing  exclusively  in  sheltered  waters.  Nor  is  it  conceivable 
for  a  third  flag  State  to  argue  about  the  sheltered  nature  of  a  voyage  within  the 
territorial  waters  of  another  State. 

To  ensure  that  third  countries  apply  correctly  their  SOLAS  obligations  for 
passenger  ships  which  depart  from  a  port  located  outside  the  Community  and 
bound  for  an  EC  port,  without jeopardizing  the  SAR  responsibilities  of  the  EC 
port  States,  the  Community  is  bound  to  impose  an  obligation  on  the  Member 
States to ensure that  a company  operating passenger ships, arriving  at their  ports 
from  ports  located  outside  the  Community,  will  ensure  that  it  provides,  when 
needed for  search  and rescue purposes, the relevant  information  on passengers  as 
defined  in this Directive to the designated  SAR authority. If it is revealed through 
regional  SAR exercises  or upon arrival  in a Community  port that the company  is 
not complying with the passenger registration provisions, the Member  States shall 
make  use  of  effective  and  dissuasive  sanctions. 

With  regard  to  exemptions  by  flag  States  whose  passenger  ships  sail  to  an  EC 
port,  due  account  should  be  taken  of  the  MSC  Circular  606  on  Port  State 
Concurrence  on  SOLAS  Exemptions,  issued  by  the  Maritime  Safety  Committee 
, of  the IMO. This  circular  recommends  that  flag  States, prior  to  the  operation  of 
one  of  their  vessels  from  a  port  of  a  State  other  than  the  flag  Administration, 
should work together with the port State to resolve any disagreements  concerning 
the  suitability  of  such  exemption. 

To  avoid  misunderstandings  about  the  interrelation  of  flag  State  commitments 
under  SOLAS  and  port  State  responsibilities  for  passenger  ships  involved  in 
international journeys, the Commission found  it appropriate to address this matter 
in  a separate  article. 

3  b)  Considering  the  legal  constraints  and  the  practical  implications  concerning 
particularly journeys accomplished  fully  outside the Community, the  Commission 
found  it  inappropriate  to  include  such  journeys  in  the  scope  of  this  Directive. 
When  implementing,  as  flag  States,  their  obligations  arising  from  SOLAS 
Regulation  111/27, Member  States should  set up the appropriate  interface  with  the 
shore  based  authorities responsible  for  search  and  rescue. 

PURPOSE  OF  THE  LEGISLATION 

4. 

The purpose of the legislation is to provide information  to ensure that the  certified 
number  of  persons  on  board  a  passenger  ship  does  not  exceed  the  number  for 
which  the  ship  and  its  safety  equipment  have  been  certified,  and  to  facilitate 
search  and  rescue  (SAR)  operations. 

JUSTIFICATION  FOR  A  COUNCIL  DIRECTIVE 

5.  a)  What  are  the  objectives  of  the  envisaged  action  proposal  in  relation  to  the 
obligations  of  the  Community  and  what  is  the  Community  dimension  of  the 
problem  (for  instance  how  many Member  States  are  involved  and  what  is  the 
solution  so far)  ? 

The  obligations  of the  Community  in  this context  are the  improvement  of  safety 
in  maritime  transport  as  foreseen  in  Article  84  (2)  of  the  Treaty,  read  in 
conjunction  with  Article  75  (1)  (c).  The  objective  of  the  action  proposed  is the 
establishment of a harmonized regime to ensure that all passenger  ships, flying the 
flag  of a Member  State, when  sailing to and  from  Community  ports  do not  carry 
more  passengers  than  authorised  according  to  the  relevant  safety  certificates.  In 
addition, an appropriate information framework  will be achieved facilitating  search 
and  rescue  operations  if  an  accident  with  a passenger  vessel  occurs. 

Millions  of  European  citizens  and  many  others  travelling  within  Europe  use 
passenger  ships sailing  from  hundreds of ports within the Community.  Almost  all 
Member  States  are  concerned  as flag States  as well  as port  States.  The  Directive 
will  avoid  a  divergent  implementation  in  the  Member  States  of  the  international 
provision  on the registration  of passengers  and  will  ensure  that  similar  rules  will 
be  applied  on  passenger  ships  involved  in  domestic  voyages,  where  harmonized 
international  rules  do not  at present  exist.  Common  safety  requirements  are  thus 
required  not  only  in  order  to  attain  a common  level  of  safety  but  also  to  ensure 
that  relevant  information  on  passengers  is  available  to  the  search  and  rescue 
authorities whenever necessary. Furthermore, the harmonized  rules will  indirectly 
ensure  that  the  competition  between  companies  operating  on  similar  shipping 
routes  is not  affected. 

6.  b) 

Is  the  envisaged  action  solely  the  responsibility  of  the  Community  or  is  the 
responsibility  shared  with the Member States? 

The  envisaged  action  does  not  relate  to  an  exclusive  competence  of  the 
Community. 

6 

7.  c)  What  is  the  most  efficient  solution  taking  into  account  the  resources  of  the 

Community  and  of the Member  States? 

In  view  of  the  internal  market  dimension  of  maritime  passenger  transport,  the 
most  efficient  solution  is the  setting  up  of,  at  Community  level,  common  safety 
requirements  and  system  providing  information  on  passengers. 

8.  d)  Wltat is the concrete added value of the action envisaged by the Community and 

what  would  be the  cost of  inaction? 

The  Community  has  a  major  interest  in  the  establishment  and  maintenance  of 
harmonized  safety  standards  for  passenger  ships, and when  an accident  occurs to 
ensure  that  passengers  and  crew  could  be  rescued  in  the  best  conditions. 

Appropriate  rules have been  initiated  at  international  level.  However,  these  rules 
allows  considerable  derogation  possibilities  and  they  do  not  apply  to  passenger 
ships  operating  on  domestic journeys. 

The  costs  of  no  action would  be  insufficient  protection  for  passengers  and  crew, 
persistence  of  an  overly  complex  and  uncertain  system  for  operators  within  the 
Community,  as well  as distortions  of  competition. 

e)  What forms  of  actions  are  available  to  the  Community?  (recommendation, 

financial  assistance,  regulation,  mutual  recognition) 

International negotiations have already resulted in establishing rules which are not 
precise  enough  or  leave  too  much  room  for  derogation  on  the  registration  of 
passengers.  In addition, these rules do not  address domestic  voyages  and  are thus 
not  comprehensive.  In  order  to  provide  for  a  homogeneous  and  effective 
protection  of  passengers,  it  is  hence  necessary  to  introduce  binding  measures, 
either  in  the  form  of  a  Directive  or  a  Regulation.  By  embodying  a  broad 
Community  system  in  an  enforceable  legislative  framework,  divergent  national 
measures  will  be  avoided. 

10.  f)  Is uniform legislation necessary or does a Directive setting  the general  objectives 
and leaving the execution to the member States provide for  a satisfactory  result? 

In  accordance  with  the  proportionality  principle,  a  Directive  will  meet  the 
sufficiency  criteria as this will establish common requirements at Community  level 
harmonizing  the  safety  level  of passenger  ships  engaged  in  voyages  to  and  from 
Community  ports. International journeys  starting  outside  the  Community  will  be 
covered by the relevant SOLAS rules, for which no exemptions  should be granted 
other  than  those  foreseen  in  the  Directive. 

The  implementation  of  the  practical  and  technical  procedures  of  the  Directive  is 
left  to each Member  State. In doing so, this Directive leaves to each Member State 
the  responsibility  of  deciding  on  the  implementation  tools  which  best  fit  its 
internal  system. 

7 

CONTENT  OF  THE  COUNCIL  DIRECTIVE 

11. 

As a  general  principle the total  number of  persons  on board  any  passenger  ships 
operating from a Community port shall be counted prior to departure and shall be 
communicated  to  the  master  and  to  a  designated  person  ashore  and,  as  far  as 
necessary, to the competent Authority. This provision shall apply to all passenger 
ships  irrespective  of  the  type  of journey. 

With  regard  to  the  collection  of  additional  information  on  passengers  for  SAR 
purposes  such requirements will be imposed on all passenger  ships sailing to and 
from  a  Community  port  and  undertaking  voyages  of  at  least  20  nautical  miles 
between two ports. Member States may choose to lower the 20 nautical mile  limit 
if  they  consider  the  recording  of  the  information  necessary.  The  relevant 
provisions  of  the  Directive  shall  apply  also  for  such  voyages.  Moreover,  the 
proposal  recognises  the need to  allow  derogations  to  very  short  voyages  such  as 
ferries  spanning  a  strait  or  a  bay  and  passenger  ferries  exclusively  used  for 
commuter  or  similar  scheduled  services. 

The  choice  of  a  20  mile  threshold  is  the  result  of  the  cumulative  effect  of  a 
number of requirements proposed in order to ensure that a set of general principles 
and  specific  conditions,  put  forward  by the  Commission  and the Member  States, 
are  fully  taken  into  account.  Inter alia,  the need to  ensure  that  all  passengers  and 
crew  sailing to and  from  Community  ports should  have  the benefit  of the highest 
possible  safety  requirements  and  best  possibilities  for  an  adequate  search  and 
rescue  in  case  of  an  accident,  the  same  rules for  ships sailing  on  international  or 
on domestic voyages and no distortion  of competition between  Community  ports. 
The  provisions  should  apply  to  all  passenger  ships,  irrespective  of  their  flag  or 
type  of journey,  sailing  to  and  from  a Community  port,  even  if the  length of  the 
journey  varies, when they operate in well defined  areas, where dense traffic  exists, 
and  with  prevailing,  often  adverse  weather  and  sea  conditions.  The  latter  is  the 
case  for  the area defined  in regional  agreement  concerning  stability  requirements 
in  North-West  Europe  and  the  Baltic  (Stockholm  Agreement). 

The  Commission  is  of  the  opinion  that  it  should  be  made  possible  to  consider 
particular  and  specific  conditions  at  Member  State  level.  This  implies  a  limited 
possibility to derogate, well within what is internationally  agreed. In addition, due 
account  should  be  taken  of  the  effect  of  the  coming  into  force  of  new 
international,  as  well  as  EC,  measures  aiming  to  ensure  that  passenger  ships  are 
a  safe  means  of transport.  The  granting of derogations, however,  should  not  lead 
to  an  unacceptable  administrative  burden  for  both  the  Member  States  and  the 
Commission  and therefore  a Committee  procedure  is introduced  only  in the  case 
of  an  ex  post  objection  to  a Member  State  measure. 

12. 

The  Commission  is of the  opinion  that  the collection  of  information  should  be 
influenced  in  a  manner  that  would  not  substantially  hamper  the  operation  of 
passenger  ships in ports. 

The techniques applied to count passengers or register names may be left  to the 
responsibility  of  the  Member  States.  Their  national  regulations  should  provide 
clear  and  detailed  procedures administering  registration.  The  functional  criteria 
established in the EC legislation are the a minimum to be fulfilled.  In establishing 
domestic regulations in line with the functional  criteria one shall take into account 
the fact that there are today hardly any technical constraints regarding systems for 
the registration of passengers. 

SPECIAL  CONSIDERATIONS 

Article  1 

This  Article  defines  the  purpose  of  the  Directive:  to  enhance  safety  at  sea  through  the 
improvement  of passenger  information  and  identification  for  search  and rescue  purposes 
in  case  of  an  accident. 

Article  2 

This  Article  contains  the  definitions  of  the  key  words  of  the  Directive.  The  Directive 
strives to ensure consistency with definitions  in international legal instruments such as the 
SOLAS  Convention  and  EC  legislation  in the  maritime  safety  field. 

Article  3 

In defining  the  scope  of application  of the Directive, the definition  of passenger  ships  as 
defined  in  the preceding  Article  is further  detailed.  It  explains  which  ships  and  services 
are bound  by the provisions  of the Directive.  Ships entitled to  sovereign  immunity  under 
international  law  and  pleasure  yachts  not  engaged  in  trade  are  excluded  from  the  scope 
of the Directive. In addition ships flying the flag of a Member State carrying out transport 
services  fully  outside  the  Community  are  excluded. 

Article  4 

As  emphasized  under  para  3 a)  of  the  general  introduction,  this  Article  clarifies  the  co 
existence  of  this  Directive  with  the  relevant  SOLAS  provisions. 

Article  5 

This  Article,  whilst  reiterating  a  general  practice  of  good  seamanship,  lays  down  the 
obligation  to  count  the  number  of  passengers  on  board  a ship  and  to  communicate  it  to 
the  master  prior  to  departure.  This helps to  ensure  that  a passenger  ship  does not  depart 
from  port  with  a  number  of  passengers  on  board  higher  than  legally  permitted.  Whilst 
ensuring  that  the  number  of passengers  on board  a passenger  ship  is communicated  and 
made  available  ashore,  the  second  paragraph  enables  States  to  make  use  of  alternative 
communication  means  serving  that  purpose. 

10 

Article  6 

This Article requires that additional information on passengers on board ships undertaking 
voyages  of  more  than  20  miles  between  two  ports  are  to  be  recorded.  In  case  of  an 
accident  such  information  is essential  not only  for  search  and rescue  services but  also in 
order  to  keep  relatives  and  others  concerned  informed  of  the  situation. 

The  Council  Resolution  of  22  December  1994  suggests  that  time  could  be  used  as  the 
decisive  parameter  when  choosing  a  limit  for  requiring  registration  of  names.  The 
Commission has, however, chosen to deviate from  this recommendation  due to the recent 
large  increase  of  high  speed  passenger  vessels  which  may  complete  long journeys  in  a 
very  short time. The possibility to lower the 20 mile limit under the provisions of Article 
9  enables  Member  States  to  fully  apply  SOLAS  Regulation  III/24-2.  para  3  to  all 
passenger  ships  engaged  on  international  voyages. 

Article  7 

This Article establishes that the master must always be aware of the number of passengers 
on board,  and that he shall  ensure that this number  does not exceed the number to  which 
the  ship  is  certified.  The  latter  is  a binding  requirement  of  an  existing  practice  of  good 
seamanship. 

Article  8 

Here  the  obligations  for  companies  carrying  passengers  from  Community  port  are  laid 
down.  Paragraph  1  requires  companies  involved  in  carrying  passengers  to  appoint  a 
designated  person  responsible  for  keeping  and  transmitting  the  information  required  by 
authorities.  This  paragraph  also  addresses  the  minimum  requirements  of  passenger 
registration  systems.  In leaving  the possibility  of  choice  in  implementing  the  provisions 
of the directive for the companies, they can make use of the possibilities that modern EDI 
and  computer  technology  offers.  In establishing  that the  information  on passengers  shall 
not be kept  longer  than necessary for  the purposes  of this Directive, the various  Member 
State  legislations  containing  rather  strict  provisions  on the  protection  of  privacy  are  not 
unduly  affected. 

Article  9 

This Article  deals with the possibilities to derogate  from  the provisions  of the  Directive, 
hence  addressing  the  wish  of  several  Member  States  to have the  possibility  to  apply  the 
provisions  of  the  Directive  also  to  ships  undertaking  voyages  of  less  than  20  miles 
between  two  ports.  It  must  be pointed  o'ut,  however,  that  when  a  Member  State  decides 
to  lower  the  20  mile  threshold,  the  provisions  of  the  Directive  are  still  to  be  fulfilled. 
Moreover,  the  Article  takes  into  account  the  specific  problems  that  Member  States  may 
face  regarding  specific  specialized journeys, such as regular commuter  services or  ferries 
spanning  a bay  or  a  strait.  This  Article  also permits  Member  States  to  exempt  from  the 
registration  provisions  of  this  Directive  passenger  ships  operating  in  sheltered  waters 
provided  that  the  operational  conditions  and  the  geographical  area  in  which  such  ships 
operate can offer  sufficient  and adequate  search  and rescue facilities.  The possibility  that 
a flag  State does not concur with a derogation granted by a Member  State acting as a port 
State  is  also  covered. 

11 

Article  10 

The  primary  object  of  this  Directive  is  the  enhancing  of  safety  throughout  the 
Community. This can be achieved only by a uniform  application  of the provisions of this 
Directive. Member  States are requested to take all necessary  steps in order to  ensure that 
the registration systems as set up by the companies concerned meet the functional  criteria 
established  by  this  Directive.  Reaffirming  this  purpose,  Member  States  are  requested  to 
test  the  fulfilment  of  these  standards. 

Article  11 

This  Article  establishes  the  functional  criteria  that  the  passenger  registration  systems 
established  by companies  have to meet. The main criteria  is an easy  and  fast  handling  of 
the  data.  In the  case  of  breakdown  of registration  systems,  a specific  paragraph  requires 
companies to establish a back-up alternative registration system that would meet the same 
criteria.  Moreover,  paragraph  2  addresses  the  question  that  on  similar  routes,  Member 
States shall  act  in  a  manner  that  would  avoid  a multiplicity  of  registration  systems. 

Article  12 

This  Article  allows  the  Commission  to  amend,  in  accordance  with  the  procedure  laid 
down  in  Article  13,  the  Directive,  to  ensure  the  application,  for  the  purpose  of  this 
Directive,  of subsequent  amendments to the  SOLAS convention  which have  entered  into 
force  after  the  adoption  of this Directive  and the functional  criteria  mentioned  in  Article 
11,  paragraph  1 in  order  to  take  into  account  future  developments  in  safety  regulations 
at  international  level.  Without  prejudice  to  the  procedures  amending  International 
Conventions, the application, for the purpose of this Directive, of subsequent  amendments 
thereto  which  have  entered  into  force  shall  be  decided  upon  in  accordance  with  the 
procedure  laid  down  in  Article  13. 

Article  13 

Here  the  Committee  instituted  under  Article  12  of  Council  Directive  93/75/EEC1  is 
incorporated,  describing  also  the  advisory  procedure  which  must  be  followed  when  the 
Directive  is  referring  to  Committee  procedures. 

Article  14 

In  defining  the  dates  when  the  provisions  of  the  Directive  shall  be  fully  operable,  the 
Directive  proposes  one year  after  the dates as established  by the  SOLAS  Convention  for 
the  same  purpose. 

Articles  15 and  16 

No  comments. 

OJ  No.  L  247,  5.10.  1993, p.  19 concerning  minimum  requirements  for  vessels  bound  for  or 
leaving  Community  ports  and  carrying  dangerous  or  polluting  goods. 

12 

Proposal  for  a Council  Directive  on  the  registration 
of  persons  sailing  on  board  of  passenger  ships. 

The  Council  of  the  European  Union 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  84  (2)  thereof, 

Having  regard  to  the proposal  from  the  Commission1  , 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee2, 

Acting  in accordance  with the procedure  referred  to  in Article  189 c)  of  the  Treaty3  and 
in  co-operation  with the  European  Parliament4, 

Whereas  Community  action  in  the  sector  of  maritime  transport  should  aim  at  the 
improvement  of  transport  safety;  whereas  the  Community  has  a  major  interest  in  the 
establishment  of harmonized  safety  standards for  passenger  ships; whereas  this  Directive 
represents  one  of  a  series  of  measures  improving  safety  at  sea; 

Whereas  the  Community  is  seriously  concerned  about  the  latest  shipping  casualties  in 
which  passenger  ships were  involved  resulting  in  a massive  loss  of  life,  particularly  the 
"Estonia" accident; whereas European citizens and many others using passenger  ships and 
high speed passenger craft throughout the Community have the right to expect, and to rely 
on  an  appropriate  level  of  safety  and  upon  an  adequate  information  system  which  will 
facilitate  search and rescue operations; whereas it appears necessary to take all appropriate 
measures  to  achieve  these  expectations  and  avoid  the  possibility  that  passenger  ships 
involved in marine accidents in waters for which Member  States bear responsibility  under 
the  1979  International  Convention  on  Maritime  Search  and  Rescue  would  present 
unnecessary  concerns  for  relatives  and  other  persons  concerned; 

Whereas the safety  of ships is the primary  responsibility  of  flag  States; whereas  Member 
States can ensure  compliance  with adequate  safety  management  rules  by passenger  ships 
flying  their flag  and companies operating them; whereas the only way to ensure the  safety 
of all passenger  ships, irrespective of their flag, operating or wishing to operate from  their 
ports,  is  for  the  Member  State  to  require  effective  compliance  with  safety  rules  as  a 
condition  for  operating  from  their  ports; 

Whereas  for  search  and  rescue  purposes  the  possibility  to  regulate  exemptions  of 
passenger  ships sailing to and  from  a port  of a Member  State cannot  be  left  solely  to the 
flag  State;  whereas  it  is  only  the  port  State  that  is  in  the  position  to  determine  the 
requirements  for  best  possible  search  ana* rescue  operations; 

13 

Whereas Member  States and third countries have no reasons, other than those  mentioned 
in  this  Directive,  to  derogate  from  the  relevant  SOLAS  provisions  on  "information  on 
passengers"  for  voyages  starting  from  or  arriving  to  Community  ports 

Whereas  it  appears  necessary  to  ensure  that  the  number  of  passengers  on  board  a 
passenger  ship  does not  exceed  the number  for  which  the  ship  and  its  safety  equipment 
have  been  certified;  whereas  information  on passengers  needs to  be  established  in  order 
to  facilitate  identification  of  persons  after  an  accident; 

Whereas  this  Directive  recalls  what  measures  are  available  to  Member  States  under 
international  law; whereas the relevant  international  Conventions  leave  important  points 
of  interpretation  to the discretion  of individual  Member  States; whereas there does not at 
present  exist  an  international  mandatory  standard  on  the  registration  of  passengers  to 
which  all  passenger  ships  even  on  domestic  voyages  must  conform; 

Whereas  the  mandatory  registration  of  passengers  for  all  passengers  ships  regardless  of 
their flag  also takes into account Regulation 27, of the SOLAS Convention which contain 
similar  requirements;  whereas  this  Directive  does  not  affect  the  right  of  Member  States 
to  impose  certain  more  stringent  requirements  in  respect  of  the  passenger  vessels 
concerned  hereby; 

Whereas  for  reasons  of avoiding  distortion  of competition,  a uniform  approach has to be 
established  in  dense  traffic  areas  with  varying  distances  between  ports,  whereas  the  20 
mile  threshold  is  the  result  of  taking  into  consideration  general  principles  and  specific 
concerns  endorsed  by  all  Member  States, whereas  passenger  ships  operating  exclusively 
in  sheltered  waters  and  passengers  ships  operating  on  very  short  scheduled  voyages  in 
sheltered  waters  constitute  a more  limited  risk  and  should,  therefore,  enjoy  a possibility 
for  a  derogation; 

Whereas  in  view,  in particular,  of  the  internal  market  dimension  of  maritime  passenger 
transport,  action  at  Community  level  is  the  only  possible  way  to  establish  a  common 
minimum level of safety  for ships throughout the Community; inaction by the Community 
would  not  only  lead  to  insufficient  protection  for  passengers  but  to  the  persistence  of 
overly  complex  and  uncertain  systems  within  the  Community  to  the  detriment  and 
expense  of  the  industry; 

Whereas  a  common  minimum  level  of  safety  requirements  must  be  attained  by  binding 
Community  measures;  a  Council  Directive,  respecting  the  proportionality  principle  by 
leaving'to  each  Member  State  the  right  to  decide  the  implementation  tools  that  fits  its 
internal  system  is, however,  sufficient  in this  case; 

Whereas  the  collection  and  processing  of  data  about  named  individuals  is necessary  for 
the  identification  of  passengers  in  case  of  an  accident;  whereas  the  collection  and 
processing  of  such  data  must  be  carried  out  in  accordance  with  the  principles  of  data 
protection  laid  down  in Directive  95/46/EC; whereas, in particular,  individuals  should  be 
fully  informed  at  the  time  of  collection  about  the  purposes  for  which  the  data  are 
required,  and the data should  be retained  for  only a very  short period,  being  deleted  once 
the  ship  in  question  has  safely  arrived  at  its  destination; 

14 

Whereas  it is necessary  for  a Committee composed  of the representatives  of the  Member 
States to  assist the  Commission in the effective  application  of the Directive; whereas  the 
Committee set up in Article  12 of Council Directive 93/75/EEC can assume this  function; 

Whereas  through  this  Committee  certain  provisions  of  the  Directive  may  be  adapted  to 
take  into  account  future  amendments  to  the  SOLAS  Convention,  and  to  establish 
additional  provisions  to  ensure  a  harmonized  regime  of  exemptions  and  for  the 
implementation  of  IMO  Resolutions; 

Has  adopted  this  Directive: 

Article 1 

The purpose  of this  Directive  is to  enhance  the  safety  and  possibilities  of  rescue 
of  passengers  and  crew aboard  passenger  ships operating  to  or  from  ports  of  the 
Member  States of the Community  and to ensure that the aftermath  of any  accident 
which  may  occur  can be  dealt  with  more  effectively. 

Article  2 

For  the purpose  of  this  Directive: 

"  persons"  means all  people  on  board,  whether  passengers  or  crew,  irrespective 
of  age. 

"a passenger ship" means a seagoing passenger  ship and  a high speed  passenger 
craft  which  carry  more  than  twelve  passengers. 

"a high speed passenger craft" means a high speed craft  as defined  in regulation 
1  of  chapter  X  of  the  1974  SOLAS  Convention,  as  amended  at  the  date  of 
adoption  of  this  Directive. 

"Company"  means  the  owner  of  the  passenger  ship  any  other  organization  or 
person  such  as  the  manager,  or  the  bareboat  charterer,  who  has  assumed 
responsibility  for  operating  the  passenger  ship  from  the  owner. 

"-designated  person" means the responsible  person  designated  by  a company  to 
fulfil  the  ISM-Code  obligations  or  any  other  person  designated  by  the  company 
as  responsible  for  the  keeping  of  information  on  persons  embarked  on  board  a 
passenger  ship  of  the  company. ' 

"designated  authority"  means  the  competent  authority  of  the  Member  State 
responsible  for  search  and  rescue  and  mentioned  in  Article  8. 

"ISM-Code"  means the International  Management  Code  for  the  Safe  Operation 
of  Ships  and for the pollution prevention,  adopted  by the IMO through  Assembly 
Resolution  A.741  (18)  of  4 November  1993. 

"a  mile"  is  1852 metres. 

15 

"sheltered  waters"  means  areas  where  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 refuge  where shipwrecked  persons 
can  land. 

Article  3 

1. 

This  Directive  shall  apply  to  passenger  ships with the  exception  of: 

-  ships  of  war  and  troop  ships; and 
-  pleasure  yachts  unless  they  are  or will  be  ere wed  and  carrying  more 

than  twelve  passengers  for  commercial  purposes. 

2. 

Ships  flying  the  flag  of  a  Member  State  carrying  out  voyages  fully  outside  the 
Community  are  excluded  from  the  scope  of  application  of  this  Directive. 

Article  4 

When  Member  States,  under  the  relevant  SOLAS  provisions,  grant  exemptions 
related to the  information  on passengers  to ships flying  their  own  flag  arriving  at 
ports inside the Community  from  ports outside the Community,  they may only  do 
so  under  the  conditions  laid  down  for  derogations  in  the  provisions  of  this 
Directive. 

Each Member  State  shall,  for  passenger  ships flying  their  own  flag  which  depart 
from  a  port  located  outside  the  Community  and  bound  for  a  port  inside  the 
Community,  require  the  company  to  ensure  that  the  information  under  Articles 
5.Land  6  is  provided. 

Each  Member  State  shall,  for  passenger  ships  flying  a  flag  of  a  third  country 
which  depart  from  a  port  located  outside  the  Community  and  bound  for  a  port 
inside  the  Community,  require  the  company  to  ensure  that  the  information  in 
accordance  with the provisions referred  to in Articles  5.1  and  6 of this  Directive, 
is  collected  and  maintained  so  that  it  is  accessible  to  the  designated  authority, 
when  needed. 

Article 5 

1. 

2. 

All  persons  on  board  passenger  ships  which  depart  from  a  port  located  in  a 
Member  State  shall  be  counted  prior  to  departure  of  the  passenger  ship. 

The number of persons shall be communicated  prior to departure  to the master  of 
the  passenger  ship  as well  as to the  designated  person  of  the company,  or  to  any 
other  shore  based  system  of  the  company  serving  the  same  purpose. 

16 

Article  6 

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  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. 

when volunteered  by a passenger,  information  as to the need  for  special 

care  or  assistance  in emergency  situations. 

This information  shall be communicated  not later than 30 minutes  after  departure 
of  the  passenger  ship  to  the  designated  person  of  the  company. 

Article  7 

The master  shall ensure that the number of persons aboard a passenger  ship which 
departs  from  a  port  located  in  a  Member  State  does  not  exceed  the  number  for 
which  the  passenger  ship  has been  certified. 

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.  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  ships'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. 

17 

Article  9 

1. 

2. 

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. 

3. 

In  the  circumstances  set  out in paragraph  2, the following  procedure  shall  apply: 

a) 

b) 

the  Member  State  shall  inform  the  Commission  of  the 
exemption decision without delay giving substantial reasons 
therefor; 

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. 

Article  10 

The  registration  systems  set  up  in  accordance  with  Article  8  shall  be  to  the 
satisfaction  and  approval  of  the  Member  States. 

Member  states  shall  check  at  random  the  proper  functioning  of  the  registration 
systems  set  up  pursuant  to  this  Directive  on their  territory. 

Member  States shall designate the authority  to whom the information  required  by 
this  Directive  shall  be  provided  by  the  companies  referred  to  in  Article  8. 

18 

1. 

Registration  systems  shall  meet  the  following  functional  criteria: 

Article  11 

i) 

Readability: 

The required data must be in a format  that is easy 
to  read. 

ii) 

Accessibility: 

The required  data must be easily accessible to the 
authorities for which the information  contained  in 
the  system  is  relevant. 

iii) 

Readiness: 

The  required  data  must  be  collected  before 
departure. 

iv) 

Facilitation: 

v) 

Security: 

The  system  must  be  worked  out  in  such  a  way 
that  no  undue  delay  is  caused  for  passengers 
embarking  and/or  disembarking  the  vessel. 

The data should be appropriately protected  against 
accidental  or  unlawful  destruction  or  loss  and 
unauthorised  alteration,  disclosure  or  access. 

vi) 

Alternative  means: 

In  case  of  system  failure,  an  alternative  mean  or 
equivalent registration system should be available. 

2. 

A  multiplicity  of  systems  should  be  avoided  on  same  or  similar  routes 

Article  12 

1. 

In  accordance  with  the  procedure  laid  down  in  Article  13,  paragraph  2,  the 
following  measures  may  be  adopted: • 

a) 

provisions; 

i)  establishing  a  harmonised  regime  of  exemptions  granted  under  the 

provisions  of  Article  9, paragraph  2; 

ii)  for  the  implementation  of  IMO  resolutions  and  circulars  related  to 

the  registration  systems; 

b) 

c) 

the  amendment  of  the  functional  criteria  mentioned  in  Article  11, 
paragraph  1; 

to  the  procedures  for  amending 

without  prejudice 
the  SOLAS 
convention,  the  amendment  of  the  Directive,  to  ensure  the  application 
for  the  purpose  of  this  Directive,  of  subsequent  amendments  to  the 
SOLAS  convention which have entered  into force  after  the adoption  of 
this  Directive  related  to  the  registration  systems. 

19 

Article  13 

1. 

The Commission shall be assisted by the Committee set up pursuant to Article  12, 
paragraph  1 of  Directive  93/75/EEC,5 

2. 

Where  reference  is made  to  this paragraph,  the  following  procedure  shall  apply: 

a) 

b) 

c) 

d) 

1. 

2. 

3. 

4. 

The  representative  of  the  Commission  shall  submit  to  the  Committee 
referred  to  in paragraph  1 a draft  of the measures  to  be  taken; 

The Committee  shall deliver its opinion on the draft  within a time limit 
which  the  chairman  may  lay  down  according  to  the  urgency  of  the 
matter,  if  necessary  by taking  a vote; 

The opinion  shall be recorded in the minutes; in addition each  Member 
State has the  right  to  have  its opinion  recorded  in the  minutes; 

The Commission  shall take the utmost account of the opinion  delivered 
by  the  Committee.  It  shall  inform  the  Committee  of  the  manner  in 
which  its  opinion  has been  taken  into  account. 

Article  14 

Member  States  shall  bring  into  force  the  laws,  regulations  and 
administrative  provisions  necessary  to  comply  with  this  Directive  not 
later than  1  January  1998 and forthwith  inform  the Commission thereof. 
Article  6 shall  be  applied  not  later  than  1 January  1999. 

When  Member  States  adopt  these  measures,  they  shall  contain  a 
reference to this Directive or shall be accompanied by such reference  on 
the occasion  of  their  official  publication.  The methods  of  making  such 
a  reference  shall  be  laid  down, by  Member  States. 

Member States shall lay down the system of sanctions for breaching  the 
national  provisions  adopted pursuant to this Directive  and  shall take all 
the  measures  necessary  to ensure  that  those  sanctions  are  applied.  The 
sanctions  thus  provided  for  shall  be  effective,  proportionate  and 
dissuasive. 

The  Member  States  shall  immediately  notify  to  the  Commission  all 
provisions  of  domestic  law which  they  adopt  in  the  field  governed  by 
this Directive.  The  Commission  shall  inform  the  other  Member  States 
thereof. 

OJ  No.  L  247,  5.10.  1993, p.  19  concerning  minimum  requirements  for  vessels  bound  for  or 
leaving  Community  ports  and  carrying  dangerous  or  polluting  goods. 

20 

Article 15 

This Directive shall enter into force  on the twentieth day after  its publication. 

Article 16 

This Directive  is addressed to the Member States. 

21 

Draft 
DECISION  OF  THE  EEA  JOINT  COMMITTEE 

N°  (..)  .  ./ 9. 

of(..)( 

)  199. 

amending Annex XIII (Chapter V) of the Agreement on the European Economic Area by 
adding  Council  Directive  (../../EC)  on  the  registration  of  persons  sailing  on  board  of 
passenger  ships. 

THE  EEA  JOINT  COMMITTEE, 

Having  regard  to  the  Agreement  on  the  European  Economic  Area  as  adjusted  by  the 
Protocol  Adjusting  the Agreement  on the European Economic  Area,  hereinafter  referred 
to  as the  Agreement,  and  in particular  Article  98  thereof, 

Whereas  Directive  (../../EC)  of  the  Council  of  the  European  Union  of  ( 
19..), of which a copy is annexed to this Decision,  is to be integrated  into the  Agreement, 

Whereas the  horizontal  adaptation  in Protocol  1 and the sectoral  and  other  adaptations  in 
the  introduction  of  Annex  XIII  to  the  Agreement  shall  apply, 

HAS  DECIDED  AS  FOLLOWS: 

Article  1 

Annex  XIII,  Transport,  to the Agreement  shall  be amended  as specified  below.  The  text 
of  the  new  Act  is at  Appendix. 

The  following  new  point  shall  be  inserted  in  Chapter  V  after  point  XXX: 

Article  2 

"XXX: Council  Directive (../../EC) on the registration of persons  sailing  on board 
of  passenger  ships. 

The  provision  of  the  Directive  shall,  for  the  purposes  of  the  present 
Agreement,  be  read  with  the  following  adaptation: 

22 

Article  13.1, shall  be  replaced  by the  following: 

The  Contracting  Parties shall  bring  into force  the  laws, regulations  and 
administrative  provisions  necessary  to  comply  with  this  Directive  not 
later  than 
( 

199.) 

Article  3 

The  decision  shall  enter  into  force  on  ( 

199.) 

Article  4 

This  Decision  shall  be published  in the EEA  Section of,  and  in the EEA  Supplement  to, 
the  Official  Journal  of  the  European  Communities. 

Done  at  Brussels,  ( 

199.) 

For  the  EEA  Joint  Committee 
The  President 

The  Secretaries 
to  the  EEA  Joint  Committee 

23 

FINANCIAL  STATEMENT 

1. 

Title  of  operation 

Proposal  for  a  Council  Directive  on  the  registration  of  persons  sailing  on 
board  of passenger  ships. 

2. 

Budget  heading  involved 

Part  A  (see  § 10) 

3. 

Legal  basis 

Achievements of Safety  on Maritime Transport: Article  84 (2) of the  Treaty 
linked  with  Article  75  (1)  (c) 

4. 

Description  of  operation 

4.1. 

General  Objective 

The  establishment  of  common  and  harmonized  procedures  related  to 
registration  of  persons  sailing  on board  of  passenger  ships 

4.2. 

Period  covered  and  arrangements  for  renewal 

Indefinite 

5. 

Classification  of  expenditure  of  revenue 

5.1. 

5.2. 

Non-compulsory  expenditure 

Non-differentiated  appropriations 

6. 

Type  of  expenditure  or  revenue 

s 
Administrative  expenses 

7. 

Financial  impact  on Part  B  (Operational  Appropriations) 

None 

24 

8. 

Fraud prevention measures 

Application of the procedures for  inviting Member  States'  experts 

9. 

Elements of cost-effectiveness  analysis 

9.1. 

Specific  and quantified  objectives; target population 

Establishment  of  a  harmonized  regime  to  ensure  that  all  passenger  ships 
sailing  to  and  from  European  ports  do  not  carry  more  passengers  than 
authorised  according  to  the  relevant  safety  certificates.  Furthermore, 
requiring  information  on passengers  on board  passenger  ships,  in order  to 
enhance effectiveness  of emergency services in the aftermath  of an accident. 

9.2. 

Monitoring  and evaluation of the operation 

Monitoring  and  evaluation  of  the  operation  will  be  done  by  the  yearly 
meeting of the Committee of Maritime  Safety. 

10 

Administrative expenditure (Section III, Part A of the budget) 

Actual mobilization of the necessary administrative resources will depend on 
the Commission's annual decision on the allocation of resources , taking into 
account  the  number  of  staff  and  additional  amounts  authorized  by  the 
budgetary  authority. 

10.1 Effect  on the number of posts 

Staff  to  be  assigned  to 
managing  the  operation 

Source 

Duration 

Permanent 
posts 

Temporary 
posts 

Additional 
resources 

Existing 
resources  in 
the  DG  or 
department 
concerned 

Officials  or 
temporary 
staff 

A 
B 
C 

Other  resources 

Total 

2 

xxxxxx 
2 

s 

2 

2 

If  additional  resources  are  required,  indicate  the  pace  at  which  they  will  have  to  be  made 
available. 

25 

10.2.  Overall  financial  impact  of  additional  human  resources 

ECU 

Amounts 

Method  of  calculation 

Officials 
Temporary  staff 
Other  resources  (indicate budget heading) 

Total 

| 

0 
0 
0 

0 

0 

| 

The  amounts  given  must  express  the  total  cost  of  additional posts for  the  entire  duration  of 
the  operation,  if  this  duration  is predetermined,  or for  12 months  if  it  is  indefinite. 

10.3 Increase  in other administrative expenditure as a result of the operation 

— , . , . — , — , ,. 

. , , .— 

. m- 

i 

. i. 

. 

• •• 

- I » . . . , , . —n 

• 

i 

. . .. 

• 

,„ 

i

i, 

Amounts 

Method  of  calculation 

ECU 

The  Committee  of  Maritime 
Safety  is  already  meeting  for 
issues  related  to  other  EC 
Directives  dealing  with  maritime 
safety.  One  additional  1 - day 
meeting/year  is  valued  necessary 
to discuss  particular  issues  related 
to  this  proposal  (travel  expenses 
valued  at  about  20.000  ECU). 

A  2510 

20.000,- 

•  ^ 

. 

• 

20.000,-

Total 

26 

Impact  assessment  form 

The impact  of the proposal  on business 

Title  of Proposal  : 

PROPOSAL FOR A COUNCIL DIRECTIVE ON THE REGISTRATION 
OF PERSONS SAILING ON BOARD OF PASSENGER  SHIPS 

Reference  number  : COM 96( 

) 

The Proposal 

1. 

Taking  into  account the principle  of  subsidiarity, why  is  Community  legislation 
necessary  in this area and what are its main aims ? 

The  obligations  of  the Community  in this  context  are  the  improvement  of  safety  in 
maritime transport as foreseen  in Article 84 (2) of the Treaty read in conjunction with 
Article  75  (1)  (c).  The  objective  of  the  action  proposed  is  the  establishment  of  a 
harmonized  set  of  safety  standards  for  all  passengers  ships  operating  in  waters  for 
which Member  States bear responsibility  under the 1979 International  Convention on 
Maritime  Search  and Rescue. 

Referring  to  the  principle  of  subsidiarity,  it  will  be  the  responsibility  of  the 
Community to ensure a framework  of rules providing a harmonized  level of safety  for 
passenger  ships operating  in the same area.  The responsibility  of the Member  States 
is  to  adopt  within  their  own  national  legislation  measures  designed  to  ensure  an 
effective  application of the Directive. * 

The impact  on  business 

2. 

Who will be affected by the proposal 
-which  sector of business  ? 
-what sizes of business  ? 
-are there particular geographical areas  of the Community  where  these 
businesses are found ?' 

The  business  sector  which  will  be  affected  by  this  proposal  are  entities  operating 
passenger  ships  to and  from  Community  ports.  A vast  majority  of  passenger  ships 
sailing in Community waters are operated by medium-sized and large enterprises. The 
largest  fleets  of  passenger  ships  affected  by  the  provisions  of  the  Directive  are 
operated to, from and within Greece, Italy, Denmark, Sweden, Finland and across the 
Engish  Channel. 

27 

What will businesses have to do to comply  with the proposal  ? 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
procedures  so  that  operators  of  passenger  ships  comply  with  the  safety  standards 
related to counting of passengers  as from  1  January  1998, and registration  of  further 
details as from  1  January  1999. The operators of passenger ships have to be prepared 
to establish  operative  registration  systems  with sufficient  back-up capacities  prior  to 
these  deadlines.  It  is  notable  that  similar  requirements  are  already  in  force  and 
operative in some Member States, thus sufficient  techniques are already  available and 
new registration  systems  do not have to be explicitly  developed. 

What economic effects  is the proposal likely  to have ? 

Whereas no or limited impact on employment is expected with regard  to the activities 
on board a passenger  ship, the introduction of passenger registration  procedures  may 
have an effect  of  needing more staff  to deal with the registration  procedures  ashore, 
prior  to the departure  of  a passenger  ship.  Moreover,  the proposal  is likely  to have 
a  substantial  and  beneficial  impact  on  the  competitive  position  of  business.  By 
establishing a harmonized safety regime for all passenger ships, including those flying 
a non-community  flag,  operating  in Community  waters,  a level playing  field  will be 
created  for  all operators  involved,  minimizing the risks  for  distortion  of competition 
by operators trying to gain a competitive edge by economising on the safety  standard. 

5. 

Does the proposal contain  measures  to take into account of the specific situation  of 
small and medium sized firms (reduced or different requirements)  ? 

Fulfilling  the regulations  of the proposal  does not contain any requirements  that may 
constitute  insurmountable  financial  burdens  for  the involved  enterprises. 

Consultation 

6. 

Representatives  from  European  shipowners  and  unions  have  been  consulted  on the 
proposal.  The industry  expressed  mainly  its concern about a possible  less  favourable 
competition  on  journeys  less  than  30  miles,  due  to  the  registration  obligation. 
Competition  with the shuttle  was also addressed. 

28 

ISSN 0254-1475 

COM(96) 574  final 

DOCUMENTS 

EN 

07  08 

Catalogue  number  :  CB-CO-96-575-EN-C 

ISBN 92-78-11491-X 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

2<\