Explanatory Memorandum to COM(2024)76 - 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 EC - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)76 - Implementation of Directive 98/41 on the registration of persons sailing on board passenger ships operating to or from ports ... |
|---|---|
| source | COM(2024)76 |
| date | 20-02-2024 |
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. Transposition of the Directive into national law 3
4. 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. 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
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.
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.
Table 1: Date of completion to transpose the Directive
| Member State | Complete transposition notification date |
| Belgium | 08/06/2020 |
| Bulgaria | 06/08/2020 |
| Czechia | - |
| Denmark | 01/04/2020 |
| Germany | 09/03/2020 |
| Estonia | 23/12/2019 |
| Ireland | 09/01/2020 |
| Greece | 17/03/2020 |
| Spain | 03/06/2020 |
| France | 23/06/2020 |
| Croatia | 22/05/2020 |
| Italy | 12/06/2020 |
| Cyprus | 22/12/2020 |
| Latvia | 21/02/2020 |
| Lithuania | 09/03/2022 |
| Luxembourg | 21/08/2018 |
| Hungary | - |
| Malta | 15/06/2020 |
| Netherlands | 19/12/2019 |
| Austria | - |
| Poland | 17/03/2020 |
| Portugal | 03/11/2020 |
| Romania | 04/06/2020 |
| Slovenia | 12/02/2021 |
| Slovakia | - |
| Finland | 26/03/2019 |
| Sweden | 11/12/2019 |
4. Implementation of the Directive
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 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 | 6 | 95 | 77 | 178 |
| Bulgaria | 3 | 0 | 0 | 3 |
| Czechia | n/a | n/a | n/a | |
| Denmark | 79 | 14 | 51 | 144 |
| Germany | 93 | 18 | 18 | 129 |
| Estonia | 12 | 22 | 33 | 67 |
| Ireland | 43 | 52 | 28 | 123 |
| Greece | 981 | 19 | 34 | 1034 |
| Spain | 114 | 537 | 639 | 1290 |
| France | 47 | 141 | 125 | 313 |
| Croatia | 555 | 44 | 81 | 680 |
| Italy | No information | No information | No information | |
| Cyprus | 1 | 13 | 32 | 46 |
| Latvia | 0 | 18 | 21 | 39 |
| Lithuania | 6 | 0 | 0 | 6 |
| Luxembourg | n/a | n/a | n/a | |
| Hungary | n/a | n/a | n/a | |
| Malta | 234 | 18 | 55 | 307 |
| Netherlands | 34 | No information | No information | |
| Austria | n/a | n/a | n/a | |
| Poland | 0 | 21 | 55 | 76 |
| Portugal | No information | No information | No information | |
| Romania | 0 | 0 | 0 | |
| Slovenia | 24 | 208 | 36 | 268 |
| Slovakia | n/a | n/a | n/a | |
| Finland | 14 | 5 | 0 | 19 |
| Sweden | 150 | 45 | 5 | 200 |
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 | No information | No information | No information | |
| Bulgaria | None | None | None | |
| Czechia | n/a | n/a | n/a | |
| Denmark | None | None | 7* | * Maximum number of ships |
| Germany | None | 7 | 2 | |
| Estonia | No information | No information | No information | |
| Ireland | None | None | None | |
| Greece | No information | No information | No information | |
| Spain | No information | No information | No information | |
| France | None | No information | No information | |
| Croatia | None | 43 | 40* | * This figure is approximate since it concerns all ships in certain routes |
| Italy | None | None | Not defined* | * The exemptions applied are for all ships serving certain routes |
| Cyprus | None | None | None | |
| Latvia | No information | No information | No information | |
| Lithuania | None | None | None | |
| Luxembourg | n/a | n/a | n/a | |
| Hungary | n/a | n/a | n/a | |
| Malta | None | None | None | |
| Netherlands | None | None | None | |
| Austria | n/a | n/a | n/a | |
| Poland | None | None | None | |
| Portugal | No information | No information | No information | |
| Romania | None | None | None | |
| Slovenia | None | None | None | |
| Slovakia | n/a | n/a | n/a | |
| Finland | No information | No information | No information | |
| Sweden | None | 311* + 11 | None | * This figure is for area E defined in national law |
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.
Table 4: Member States reporting through the EMSW and connection date
| Member State | SSN v57 implementation status of the Directive at the end of 2023 | Operation date |
| Belgium | Implemented | 05/12/2023 |
| Bulgaria | Not implemented | -- |
| Czechia | n/a | |
| Denmark | Not implemented | -- |
| Germany | Implemented | 4/12/2023 |
| Estonia | Implemented | 26/10/2022 |
| Ireland | Implemented | 09/08/2022 |
| Greece | Implemented | 18/12/2023 |
| Spain | Implemented | 24/05/2022 |
| France | Implemented (some ports not yet connected) | 13/11/2023 |
| Croatia | Implemented | 27/01/2022 |
| Italy | Implemented | 26/05/2022 |
| Cyprus | Implemented | 12/12/2022 |
| Latvia | Implemented | 07/11/2023 |
| Lithuania | Implemented | 18/05/2022 |
| Luxembourg | n/a | -- |
| Hungary | n/a | -- |
| Malta | Implemented | 01/02/2022 |
| Netherlands | Implemented | 13/11/2023 |
| Austria | n/a | -- |
| Poland | Implemented | 23/05/2023 |
| Portugal | Implemented (one port not yet connected) | 10/05/2023 |
| Romania | Implemented | 13/03/2022 |
| Slovenia | Implemented | 21/08/2023 |
| Slovakia | n/a | -- |
| Finland | Implemented | 10/01/2023 |
| Sweden | Implemented | 18/12/2023 |
5. Conclusion
Despite some delays Directive 2017/2109 is now fully transposed by all Member States.
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.
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:
data.europa.eu/eli/dir/2017/2109/oj.
3 REFIT Adjusting Course: EU Passenger Ship Safety Legislation Fitness Check COM(2015) 508 final.
4 https://www.emsa.europa.eu/ssn-main.
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): data.europa.eu/eli/dir/2009/45/oj.
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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: data.europa.eu/eli/dir/2010/65/2019-12-21.
.
7 SSN v5: SafeSeaNet version 5.
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.
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