CELEX: 51997PC0340
Language: en
Date: 1997-07-23
Title: Amended proposal for a Council Directive on the registration of persons sailing on board passenger ships

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)
 ---pagebreak---  ---pagebreak---                                   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.
                                                  ^
 ---pagebreak--- 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.
 ---pagebreak---                                   Amended proposal for a
                                      Council Directive
               on th£ registration of persons sailing on board passenger ships
               -Original text—                                      —Amended lex I—
                                    Article 2, last indent
'•.ihsligrcd- -waters" means areas where                              DELETED
 the annual probability of the significant
 wave height exceeding 1,5 m is less than
  10%, and in which a passenger ship is at
 no time more than six miles from a place
 of remge where shipwrecked persons
 can land.
                                   Article 2, new indents
                                                      "protected sea area" means a sea area
                                                       sheltered from open sea effects where a
                                                       ship is at no time more than six miles
                                                      from a place of refuge where
                                                       shipwrecked persons can land and in
                                                      which the proximity of search and rescue
                                                      facilities is ensured;
                                                      "regular service" means a series of ship
                                                      crossings operated so as to serve traffic
                                                      between the same two or more points,
                                                      either:
                                                      a) according to a published timetable; or
                                                      b) with crossings so regular or frequent
                                                        that they constitute a reconizable
                                                        systematic series;
 ---pagebreak---                                              A itidfc d
The following information shall be                               The following information shall
recorded for all passenger ships which                           be recorded for all passenger-
depart: from a port located in a Member                          ships which depart from a port:
State undertaking voyages of more than 2C                        located in a Member State
miles from the point of departure:                               undertaking voyages of more
        the names of the persons on board,                       than 20 miles from the pornt of
                                                                 departure:
        the first name or initial,
                                                                 - the surnames of the persons on
        the gender                                                 board,
        an indication about the category of                     - thefirst:names or initials,
        age (adult, child or infant) to which                   - the gender
        the person belongs.                                     - an indication about the category
                                                                   of age (adult, child or infant) to
                                                                   which the person belongs, or
                                                                   age, or year of birth..
        when volunteered by a passenger,                         -when      volunteered      by     a
        information as to the need for                             passenger, information as to the
        special care or assistance in                              need for special care or
        emergency situations.                                      assistance     in       emergency
                                                                   situations.
Thir information shall be communicated                2. This information shall be collected
not later than 30 minutes after departure of          before departure and communicated not
the passenger ship to the designated person           later than 30 minutes after departure of the
of the company.                                       passenger ship to the designated person of
                                                      the company.
 ---pagebreak---                                               Article 8
All companies assuming the responsibility             All companies assuming the responsibility
for operating a passenger ship referred to            for operating a passenger ship referred to
in Article 3, shall:                                  in Article 3, shall:
         set up a system for the registration                  set up a system for the registration
         of the information required under                     of the information required under
         the provisions of Articles 5 and 6,                   the provisions of Articles 5 and 6.
         The system shall conform with the                     The system shall conform with the
         criteria set out in Article 11,                       criteria set out in Article 11,
         appoint      a designated       person                 appoint     a designated       person
         responsible for the keeping and the                 . responsible for the keeping and the
         transmission of the information                        transmission of the information
         required by this Directive.                            required by this Directive.
The company shall ensure that information              The company shall ensure that information
 required by this Directive is immediately             required by this Directive shall be. at all
 transmitted to the designated authority or            times readily available for transmission to
 can at all times be made readily available to         the designated authority for search and
 this authority.                                       rescue purposes in the event of an
                                                       emergency or in the aftermath of an
                                                       accident.
 The information shall not be kept longer              The information shall not be kept longer
 than necessary for the purpose of this                than necessary for the purpose of this
 Directive and as a general rule shall be              Directive and as a general rule shall be
 deleted as soon as the ship's voyage in               deleted as soon as the ship's voyage in
 question has been safely completed.                   question has been safely completed.
 The company shall ensure that information             The company shall ensure that information
 on details of persons who have declared a              on details of persons who have declared a
 need for special care or assistance in                 need for special care or assistance in
 emergency situations, shall be properly                emergency situations, shall be properly
 recorded and communicated to the master                recorded and communicated to the master
 prior to departure of the passenger ship.              prior to departure of the passenger ship
 ---pagebreak---                                       Article 9
A Member State from whose port a                 A Member State from whose port a
passenger ship departs may lower                 passenger ship departs may lower
the 20 mile threshold mentioned in               the 20 mile threshold mentioned in
Article 6.                                       Article 6.
A Member State from whose port a              2. A Member State from whose port a
ship departs may exempt passenger                ship departs may exempt from the
ships operating in sheltered waters              obligation to communicate to the
on scheduled services, with a                    designated person of the company
duration less than 30 minutes                    as mentioned         in Article        5.
between port calls, from the                     passenger         ships        operating
obligation to communicate to the                 exclusively in a protected sea area
designated person of the company                 on regular services with a duration
as mentioned in Article 5.                       less than 1 hour between port calls,
A Member State from whose port a                 A Member State may exempt from
ship departs may exempt from the                 the obligation laid down in Article 6
obligations of Article 6 passenger               passenger ships sailing, on journeys
ships operating exclusively in                   between two ports or the same
sheltered waters on the condition                port, exclusively in protected sea
that adequate and sufficient search              areas.
and rescue facilities are available in
the area in which such ships                  3. In the circumstances set out in
operate.                                         paragraph       2,     the     following
                                                 procedure shall apply:
A Member State shall not exempt,
under the provisions of this                     a) the Member State shall inform
Directive, passenger ships sailing                   the      Commission        of    the
from its ports, flying the flag of a                  exemption decision without
third party contracting flag State to                 delay giving substantial reasons
SOLAS, which under the relevant                       therefor;
 SOLAS provisions do not concur
to    the     application   of    such           b) If the Commission within the
exemptions.                                           period of six months from the
                                                      notification, considers that the
 In the circumstances set out in                      exemption is not justified or
 paragraph      2,    the    following                could have adverse effects on
 procedure shall apply:                               competition, it may, acting in
                                                      accordance with the procedure
 a) the Member State shall inform                     laid down in Article 13,
    the    Commission        of     the               paragraph      2,     require    the
    exemption      decision    without                 Member State to amend or
    delay giving substantial reasons                   withdraw the exemption
    therefor,
 ---pagebreak---                                             For regular services in an area
b) If the Commission within the             where the annual probability of the
    period of six months from the           significant wave height exceeding 2
    notification, considers that the        m is less than 10%, and as far as the
    exemption is not justified or           voyage       does      not     exceed
    could have adverse effects on           approximately 30 miles from the
    competition, it may, acting in          point of departure or when the
    accordance with the procedure           passenger ship is predominantly
    laid down in Article 13,                used by commuters, a Member
    paragraph 2, require the                State whose port passenger ships
    Member State to amend or                sail on a domestic voyage or two
    withdraw the exemption.                 Member states between whose
                                            ports passenger ships sail, mav
                                            request the Commission, if they
                                            consider     it impracticable      for
                                            companies        to     record     the
                                            information mentioned in Article
                                            6.1 to derogate, wholly or partly,
                                            from this requirement.
                                           To this end, evidence on the
                                            impracticability shall be provided.
                                            In addition, it shall be demonstrated
                                            that in the area where such ships
                                            operate, shore based navigational
                                            guidance and reliable weather
                                            forecasts are provided and that the
                                            adequate and sufficient search and
                                            rescue facilities are available.
                                            Derogations granted under this
                                            paragraph shall not have an adverse
                                            effect on competition.
                                           A decision shall be taken in
                                             accordance with the procedure laid
                                             down in Article 13, paragraph 2.
                                     5. A Member State shall not, under the
                                        provisions of this Directive, exempt nor
                                        grant derogations to passenger ships
                                        sailing from its ports, flying the flag of
                                        a third party contracting flag State to
                                        SOLAS, which tinder the relevant
                                        SOLAS provisions do not concur to
                                        the application of such exemptions
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 340 final
                                             DOCUMENTS
EN                                                                    07 04
                                    Catalogue number : CB-CO-97-330-EN-C
                                                             ISBN 92-78-21883-9
Office for Official Publications of the European Communities
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