Amended proposal for a Council Directive on the registration of persons sailing on board passenger ships
Date: 1997-07-23
Institutions: European Commission
Subjects: carriage of passengers, ferryboat, information, maritime transport, transport safety

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 
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. 

DELETED 

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 
refuge  where 
of 
from 
shipwrecked  persons  can  land  and  in 
which the proximity  of search  and  rescue 
facilities is ensured; 

a  place 

"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 
reconizable 

they  constitute  a 

that 
systematic series; 

A itidfc d 

shall 

following 

information 

The 
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. 

when  volunteered  by  a  passenger, 
information  as  to  the  need  for 
special 
in 
emergency situations. 

care  or  assistance 

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.. 

by 

volunteered 

a 
-when 
passenger,  information  as to the 
care  or 
special 
need 
for 
emergency 
in 
assistance 
situations. 

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

information  shall  be  collected 
2.  This 
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: 

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, 

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, 

a 

designated 

appoint 
person 
responsible  for  the  keeping  and  the 
transmission  of 
information 
required  by this  Directive. 

the 

a 

appoint 

designated 

person 
.  responsible  for  the  keeping  and  the 
information 

transmission  of 
required  by this Directive. 

the 

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  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 
in 
rescue  purposes 
the  event  of  an 
emergency  or 
the  aftermath  of  an 
accident. 

in 

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  information  shall  not  be  kept  longer 
than  necessary  for 
this 
Directive  and  as  a  general  rule  shall  be 
deleted  as  soon  as  the  ship's  voyage  in 
question  has been  safely  completed. 

the  purpose  of 

for  special  care  or  assistance 

The  company  shall  ensure  that  information 
on  details  of  persons  who  have  declared  a 
need 
in 
emergency  situations,  shall  be  properly 
recorded  and  communicated  to  the  master 
prior to  departure  of the  passenger  ship. 

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 
ship  departs  may  exempt  passenger 
ships  operating  in  sheltered  waters 
services,  with  a 
on 
than  30  minutes 
duration 
the 
calls, 
between 
obligation  to  communicate  to  the 
designated  person  of  the  company 
as  mentioned  in Article  5. 

scheduled 
less 
port 

from 

operating 

A  Member  State  from  whose  port  a 
ship  departs  may  exempt  from  the 
obligations  of  Article  6  passenger 
ships 
in 
sheltered  waters  on  the  condition 
that  adequate  and  sufficient  search 
and  rescue  facilities  are  available  in 
the  area 
ships 
in  which 
operate. 

exclusively 

such 

2. 

3. 

of 

the 

provisions 

A  Member  State  shall  not  exempt, 
under 
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 
such 
application 
the 
to 
exemptions. 

of 

the  circumstances  set  out 

In 
the 
paragraph 
procedure  shall  apply: 

2, 

in 
following 

Commission 

a)  the  Member  State  shall  inform 
the 
the 
exemption 
decision  without 
delay  giving  substantial  reasons 
therefor, 

of 

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  from  the 
obligation  to  communicate  to  the 
designated  person  of  the  company 
as  mentioned 
5. 
operating 
ships 
passenger 
exclusively  in  a  protected  sea  area 
on  regular  services  with  a  duration 
less than  1 hour  between  port  calls, 

in  Article 

A  Member  State  may  exempt  from 
the  obligation  laid  down  in Article  6 
passenger  ships  sailing,  on  journeys 
between 
the  same 
two  ports  or 
port,  exclusively  in  protected  sea 
areas. 

the  circumstances  set  out 

In 
paragraph 
the 
procedure  shall  apply: 

2, 

in 
following 

Commission 

a)  the  Member  State  shall  inform 
the 
the 
decision  without 
exemption 
delay  giving  substantial  reasons 
therefor; 

of 

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 
13, 
laid 
paragraph 
the 
2, 
Member  State 
to  amend  or 
withdraw  the  exemption 

in  Article 
require 

down 

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 
13, 
laid 
the 
2, 
paragraph 
Member  State 
to  amend  or 
withdraw  the  exemption. 

in  Article 
require 

down 

not 

ship 

does 

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 
exceed 
voyage 
the 
approximately  30  miles  from 
the 
point  of  departure  or  when 
passenger 
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 
they 
the  Commission, 
request 
for 
consider 
companies 
the 
in  Article 
information  mentioned 
6.1  to  derogate,  wholly  or  partly, 
from  this  requirement. 

if 
impracticable 

record 

to 

it 

the 
this  end,  evidence  on 
To 
impracticability  shall  be  provided. 
In  addition,  it  shall be  demonstrated 
that  in  the  area  where  such  ships 
operate,  shore  based  navigational 
guidance 
reliable  weather 
forecasts  are  provided  and  that  the 
adequate  and  sufficient  search  and 
rescue 
Derogations  granted  under 
this 
paragraph  shall  not  have  an  adverse 
effect  on  competition. 

facilities  are  available. 

and 

A  decision 
in 
shall  be 
accordance  with  the  procedure  laid 
down  in Article  13, paragraph  2. 

taken 

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 
relevant 
SOLAS,  which 
SOLAS  provisions  do  not  concur  to 
the application  of such  exemptions 

tinder 

the 

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COM(97) 340 final 

DOCUMENTS 

EN 

07  04 

Catalogue  number  :  CB-CO-97-330-EN-C 

ISBN 92-78-21883-9 

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