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) 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 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 L-2985 Luxembourg