2.7.98 Official Journal of the European Communities L 188/35 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 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 Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Atrticle 189c of the Treaty (%), 1) Whereas within the framework of the common transport policy further measures must be taken to enhance safety in maritime transport; Whereas the Community is seriously concerned by shipping accidents involving passenger ships which have resulted in massive loss of life, particularly those involving the Herald of Free Enterprise and the Estonia; whereas persons using passenger ships and high-speed passenger craft throughout the Community have the right to expect and to be able to rely on an appropriate level of safety and upon an adequate information system which will facil- itate search and rescue and the efficient handling of the aftermath of any accident that might occur; Whereas it is 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 companies should be able to inform the search and rescue services of the number of persons involved in an accident; Whereas information must be compiled on passen- gers and crew in order to facilitate search and rescue and the efficient handling of the aftermath of an accident, i.e. identifying the persons involved, providing clearer information on related legal issues and contributing to more appropriate medical care for rescued persons; whereas such information would prevent unnecessary anxiety on the part of relatives and other persons concerned regarding persons on board passenger ships involved in marine accidents in waters for which () OJ C 31, 31. 1. 1997, p. § and OJ C 275, 11. 9. 1997, p. 7. (3) OJ C 206, 7. 7. 1997, p. 111. () Opinion of the European Parliament of 29 May 1997 (O] C 138, 16. 6. 1998, p. 31), Council common position of 11 December 1997 (O] C 23, 23. 1. 1998, p. 17), and Decision of the European Parliament of 11 March 1998 (O] C 104, 6. 4. 1998). (10) Member States bear responsibility under the 1979 International Convention on Maritime Search and Rescue (SAR); Whereas passengers should therefore be counted and registered before any ship departs; Whereas Chapter III of the International Conven- tion on the Safety of Life at Sea (the SOLAS Convention) provides for the counting and registra- tion of all persons on board all passenger ships sailing on international voyages, from 1 July 1997 and 1 January 1999 respectively, while permitting Administrations to exempt passenger ships sailing in sheltered waters from those requirements and from the requirement to register if the scheduled voyages of such ships render it impracticable for them to prepare such records; whereas that Chapter of the SOLAS Convention does not apply to domestic voyages and leaves important points of interpretation to the discretion of individual Member States; Whereas this Directive is in accordance with the right of Member States to impose on passenger ships sailing to or from their ports certain require- ments more stringent than those laid down in the SOLAS Convention; Whereas in view, in particular, of the internal- market dimension of maritime passenger transport, action at Community level is the most effective way of establishing a common minimum level of safety for ships throughout the Community; Whereas, in view of the principle of proportionality a Council Directive is the appropriate legal instru- ment as it provides a framework for the Member States’ uniform and compulsory application of safety standards while leaving each Member State the right to decide which implementation tools best fit its internal system; Whereas a Member State can ensure compliance with the safety rules applicable on the part of passenger ships flying its flag and the companies that operate them; whereas those rules should not be imposed upon ships operating between ports in third countries; whereas the provisions of the SOLAS Convention apply to those voyages;