REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Directive 98/41 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community
Date: 2024-02-20
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: application of EU law, carriage of passengers, data collection, exchange of information, harbour installation, information system, maritime safety, personal data, traveller, vessel

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 20.2.2024  COM(2024) 76 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Directive 98/41 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community   
 
 
Contents 
1. 

Introduction ..................................................................................................................................... 2 

2.  Objectives of the Directive and measures to achieve them ........................................................... 2 

2.1.  Original Directive ..................................................................................................................... 2 

2.2. 

Amendments to the Directive introduced in 2017.................................................................. 3 

3. 

4. 

Transposition of the Directive into national law ............................................................................. 3 

Implementation of the Directive ..................................................................................................... 4 

4.1. 

Passenger ships falling under the reporting obligation........................................................... 4 

4.2. 

Exemptions and derogations ................................................................................................... 6 

4.3. 

Reporting through the European Maritime Single Window ................................................... 7 

5.  Conclusion ....................................................................................................................................... 8 

1 

 
 
 
1. Introduction 

This is an interim report on the implementation of Directive 98/41/EC on the registration of 
persons sailing on board passenger ships operating to or from ports of the Member States of 
the EU1 (the Directive). The report is adopted in line with the requirement set in Article 14a 
of the Directive, as amended by Directive (EU) 2017/20192. 

The report briefly describes the objectives of the Directive and the measures  put in place in 
order  to  achieve  them,  paying  particular  attention  to  the  amendments  introduced  in  2017, 
following the fitness check of passenger ship safety legislation. 

The report then describes the current situation in the implementation by Member States, based 
on the information they provided at the request of the Commission. 

It is worth noting that an evaluation report on the implementation of the Directive is due by 
the end of 2026. 

2. Objectives of the Directive and measures to achieve them 

2.1. Original Directive 

The  Directive  was  adopted  on  18 June  1998  following  a  Commission  proposal  that  was 
adopted  on  25 November  1996.  The  original  proposal  was  triggered  by  accidents  involving 
passenger ships which resulted in loss of life, particularly those involving the Herald of Free 
Enterprise and Estonia. 

The Directive applies to all passenger ships and high-speed passenger craft serving EU ports 
both in domestic and international service. 

It requires that the number of persons on board is counted and reported before  departure, to 
ensure it does not exceed the maximum authorised number, for which the ship and its safety 
equipment have been certified. 

It also requires, for trips where the distanced sailed between the port of departure and the next 
port  exceeds  20  nautical  miles,  that  the  identity  of  passengers  and  crew  is  registered.  This 
information  is  intended  to  assist  with  search  and  rescue  operations  and  in  dealing  with  the 
aftermath of any accident or incident. 

The  Directive  as  originally  adopted  required  the  passenger  information  to  be  collected  and 
made  available  to  a  company’s  passenger  registrar  or  a  shore-based  company  system  and 
designated  authorities  in  each  Member  States.  In  other  words,  the  national  competent 
authority responsible for search and rescue or an authority concerned with the aftermath of an 
accident. 

1 Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or 
from ports of the Member States of the Community. 
2  Directive  (EU)  2017/2109  of  the  European  Parliament  and  of  the  Council  of  15 November  2017  amending  Council 
Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member 
States of the Community and Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities 
for ships arriving in and/or departing from ports of the Member States, OJ L 315, 30.11.2017, p. 52-60, ELI: 
http://data.europa.eu/eli/dir/2017/2109/oj. 

2 

 
 
 
2.2. Amendments to the Directive introduced in 2017 

The  Directive  was  amended  by  Directive  (EU)  2017/2109  adopted  in  November  2017.  The 
fitness check of passenger ship safety legislation carried out in 20153 had revealed the support 
for search and rescue operations was outdated. Experience had shown that an effective search 
and  rescue  operation  required  immediate  access  to  accurate  data  for  the  persons  on  board, 
which  was  not  always  the  case.  As  outlined  above,  these  data  had  to  be  stored  in  the 
company’s  system  and  be  at  all  times  readily  available  for  transmission  to  the  national 
competent authority responsible for search and rescue. 

This  requirement,  which  dated  back  to  1998,  necessitated  that  the  national  competent 
authority contacted the shipping company in the event of an emergency. It did not take into 
account  the  development  of  systems  such  as  SafeSeaNet4  and  the  National  Single  Window. 
Moreover, operators that already transmitted such data to SafeSeaNet or the National Single 
Window were subject to a double reporting regime. 

Therefore, the amendments introduced in 2017 included the requirement to register passenger 
data  in  digital  format  and  report  them  using  harmonised  administrative procedures,  namely, 
using the European Maritime Single Window (EMSW). More details are provided in Section 
4.3 below. 

The time allowed for reporting data on persons on board was shortened from 30 to 15 minutes 
after the ship’s departure. 

The  Directive  allows  for  a  transitional  period  of  6  years  to  implement  the  reporting  of 
passenger  information  via  the  Member  States’  National  Single  Windows.  The  transitional 
period ends on 19 December 2023. 

3. Transposition of the Directive into national law 

The Directive has  been fully  transposed into national  law, although  in  some Member States 
this  was  delayed.  Austria,  Czechia,  Hungary,  and  Slovakia  have  applied  the  derogation 
provided for in Article 3(2) for Member States without seaports or passenger ships under the 
scope  of  the  Directive  and  flying  their  flag.  Table  1  shows  the  date  when  Member  States 
declared the transposition to be complete. 

Iceland  and  Norway  had  implemented  the  Directive  as  from  18 June  1999,  following  its 
incorporation  into  the  European  Economic  Area  (EEA)  Agreement.  The  incorporation  of 
Directive 2017/2109 into the EEA Agreement is not completed yet. 

3 REFIT Adjusting Course: EU Passenger Ship Safety Legislation Fitness Check COM(2015) 508 final. 
4 https://www.emsa.europa.eu/ssn-main.html. 

3 

 
 
 
 
Table 1: Date of completion to transpose the Directive 

Member State 

Complete transposition 
notification date 

Belgium 
Bulgaria 
Czechia 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Croatia 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 

08/06/2020 
06/08/2020 
- 
01/04/2020 
09/03/2020 
23/12/2019 
09/01/2020 
17/03/2020 
03/06/2020 
23/06/2020 
22/05/2020 
12/06/2020 
22/12/2020 
21/02/2020 
09/03/2022 
21/08/2018 
- 
15/06/2020 
19/12/2019 
- 
17/03/2020 
03/11/2020 
04/06/2020 
12/02/2021 
- 
26/03/2019 
11/12/2019 

4. Implementation of the Directive 

4.1. Passenger ships falling under the reporting obligation 

Table  2  shows  an  overview  of  the  number  of  passenger  ships  falling  under  the  reporting 
obligation. This has been completed based on the information provided by Member States to 
the Commission upon a specific request to prepare this report. It is worth noting that the scope 

4 

 
 
 
of the Directive is wider than that of Directive 2009/45/EC5 on the safety of passenger ships. 
Directive  2009/45/EC  covers  passenger  ships  of  more  than  24 m  in  length  built  in  steel  or 
equivalent material and high-speed passenger crafts, in domestic service while the Directive 
applies to all passenger ships (regardless of their length and construction material) and to all 
high-speed passenger craft, both in domestic and international service. 

For  this  reason,  some  Member  States  have  encountered  difficulties  in  reporting  the  exact 
number of ships that are covered by the Directive. A precise picture of the fleet  covered by 
the Directive will be available once the reporting through the EMSW is fully implemented. 

Table 2: Number of ships falling under the reporting obligation 

Member State 

Flagged in the 
reporting 
Member State 

Flagged in 
another Member 
State 

Flagged in a 
non-EU country 

Total 

Belgium 
Bulgaria 
Czechia 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Croatia 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 

6 
3 
n/a 
79 
93 
12 
43 
981 
114 
47 
555 

95 
0 
n/a 
14 
18 
22 
52 
19 
537 
141 
44 

No information 

No information 

1 
0 
6 
n/a 
n/a 
234 

13 
18 
0 
n/a 
n/a 
18 

34  No information 
n/a 
0 

n/a 
21 

No information 

No information 

0 
24 
n/a 

0 
208 
n/a 

77 
0 
n/a 
51 
18 
33 
28 
34 
639 
125 
81 
No information 
32 
21 
0 
n/a 
n/a 
55 
No information 
n/a 
55 
No information 
0 
36 
n/a 

178 
3 

144 
129 
67 
123 
1034 
1290 
313 
680 

46 
39 
6 

307 

76 

268 

5 Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for 
passenger ships (Recast): http://data.europa.eu/eli/dir/2009/45/oj. 
. 

5 

 
 
 
 
 
 
 
 
 
 
 
 
 
Finland 
Sweden 

14 
150 

5 
45 

0 
5 

19 
200 

4.2. Exemptions and derogations 

The  Directive  provides  exemptions  to  the  registration  requirements  if  certain  conditions  are 
met. 

•  Article 9(2) allows Member States to exempt some ships from reporting the number of 
persons  on  board  to  the  single  window  and/or  from  registering  the  identity  of  the 
persons on board, for voyages in area D, where nearby rescue facilities are available. 

•  Article 9(4)  allows  Member  States  to  exempt  some  ships  from  the  requirement  to 
register  the  identity  of  persons  on  certain  routes  which  comply  with  specific 
conditions, when registration is shown to be impractical. 

Article 9(1) of the Directive also allows Member States to require registration of the identity 
of persons on board for trips shorter than 20 nautical miles. 

Table 3 gives an overview of the number of ships affected by these measures. 

Table 3: Number of ships concerned by exemptions or by reporting distance lower than 20 miles under the 
Directive 

Member State 

Article 9.1 

Article 9.2 

Article 9.4 

Comments 

Belgium 

Bulgaria 

Czechia 

Denmark 

Germany 

Estonia 

Ireland 

Greece 

Spain 

France 

Croatia 

Italy 

Cyprus 

Latvia 

No information  No information  No information 

None 

n/a 

None 

None 

None 

n/a 

None 

7 

None 

n/a 

7* 

2 

No information  No information  No information 

None 

None 

None 

No information  No information  No information 

No information  No information  No information 

None 

No information  No information 

None 

43 

40* 

None 

None 

None 

Not defined* 

None 

None 

No information  No information  No information 

* Maximum number of ships 

* This figure is approximate 
since it concerns all ships in 
certain routes 
* The exemptions applied are 
for all ships serving certain 
routes 

6 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member State 

Article 9.1 

Article 9.2 

Article 9.4 

Comments 

Lithuania 

None 

None 

None 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

n/a 

n/a 

None 

None 

n/a 

None 

n/a 

n/a 

None 

None 

n/a 

None 

n/a 

n/a 

None 

None 

n/a 

None 

No information  No information  No information 

None 

None 

n/a 

None 

None 

n/a 

None 

None 

n/a 

No information  No information  No information 

None 

311* + 11 

None 

* This figure is for area E 
defined in national law 

4.3. Reporting through the European Maritime Single Window 

To make the sharing of information easier, the Directive requires that Member States use the 
harmonised reporting formalities established by Directive 2010/65/EU6. If there is an accident 
affecting  more  than  one  Member  State,  the  Member  States  must  share  the  information 
available with other Member States through the SafeSeaNet system. 

To allow Member States sufficient time to add new functions to the national single windows, 
the  Directive  provides  for  a  transitional  period  of  6  years  after  entry  into  force  (until 
December  2023),  during  which  Member  States  could  continue  to  keep  data  concerning 
persons on board in the company’s registrar. Table 4 shows the implementation status of the 
reporting through the EMSW. 

6 Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting 
formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 
2002/6/EC: http://data.europa.eu/eli/dir/2010/65/2019-12-21. 
. 

7 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 4: Member States reporting through the EMSW and connection date 

Member State 

Belgium 

Bulgaria 

Czechia  

Denmark 

Germany 

Estonia 

Ireland 

Greece 

Spain 

France 

Croatia 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

SSN v57 implementation status 
of the Directive at the end of 
2023 
Implemented 

Operation date 

05/12/2023 

Not implemented 

n/a 

Not implemented 

Implemented 

Implemented 

Implemented 

Implemented 

Implemented 
Implemented (some ports not yet 
connected) 
Implemented 

Implemented 

Implemented 

Implemented 

Implemented 

n/a 

n/a 

Implemented 

Implemented 

n/a 

Implemented 
Implemented (one port not yet 
connected) 
Implemented 

Implemented 

n/a 

Implemented 

Implemented 

-- 

-- 

4/12/2023 

26/10/2022 

09/08/2022 

18/12/2023 

24/05/2022 

13/11/2023 

27/01/2022 

26/05/2022 

12/12/2022 

07/11/2023 

18/05/2022 

-- 

-- 

01/02/2022 

13/11/2023 

-- 

23/05/2023 

10/05/2023 

13/03/2022 

21/08/2023 

-- 

10/01/2023 

18/12/2023 

5. Conclusion 

Despite some delays Directive 2017/2109 is now fully transposed by all Member States.  

7 SSN v5: SafeSeaNet version 5. 

8 

 
 
 
 
 
 
 
All  Member  States  chose  to  postpone  the  reporting  of  identity  data  through  the  EMSW  as 
permitted  by  the  Directive.  As  shown  in  Table  4,  most  Member  States  have  updated  their 
National  Single Window’s to  SafeSeaNet  v5.0. This  will allow passenger information  to  be 
sent to SafeSeaNet in line with the requirements of Directive 2017/2109. 

The implementation is however incomplete in a few cases, the Commission is in contact with 
the  Member  States  concerned  in  order  to  address  the  technical  difficulties  related  to  the 
reporting via the EMSW. 

The  Commission  is  monitoring  the  implementation  of  EU  passenger  ship  safety  legislation 
with  the  assistance  of  European  Maritime  Safety  Agency  (EMSA),  which  is  carrying  out  a 
cycle of visits to Member States on this topic. The aim of the visits is to assess if the systems 
in  place  meet  the  requirements  of  the  directives  on  passenger  ship  safety8.  Therefore,  the 
visits cover the Directive which is the object of this report and provide an overall view of the 
quality  and  effectiveness  of  those  systems.  When  the  cycle  of  visits  is  completed,  the 
Commission will have an overall view of the practical implementation of the Directive. 

Moreover,  once  all  Member  States  fulfil  their  obligation  to  report  on  the  persons  on  board 
through the EMSW, the Commission will be able to draw a detailed quantitative overview of 
maritime passenger transport in the EU. 

The Commission is required to evaluate the Directive and report to the European Parliament 
and  the  Council  before  22 December  2026.  The  statistical  data  produced  based  on  the 
reporting  through  the  EMSW  and  the  results  of  the  EMSA  cycle  of  visits  will  inform  the 
evaluation report. 

8  Directive  2009/45  on  passenger  ship  safety,  Directive  2003/25  on  specific  stability  requirements  for  ro-ro 
passenger  ships,  Directive  2017/2110  on  a  system  of  inspections  of  ro-ro  passenger  ships  and  high-speed 
passenger craft in regular services and Directive 98/41 on the registration of persons sailing on board passenger 
ships. 

9