BETA


2016/0171(COD) Registration of persons sailing on board passenger ships operating to or from ports of the Member States: simplification

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN BILBAO BARANDICA Izaskun (icon: ALDE ALDE) MONTEIRO DE AGUIAR Cláudia (icon: PPE PPE), UJHELYI István (icon: S&D S&D), TOMAŠIĆ Ruža (icon: ECR ECR), TAYLOR Keith (icon: Verts/ALE Verts/ALE), D'AMATO Rosa (icon: EFDD EFDD), ARNAUTU Marie-Christine (icon: ENF ENF)
Committee Opinion LIBE STEVENS Helga (icon: ECR ECR) Michał BONI (icon: PPE PPE), Gérard DEPREZ (icon: ALDE ALDE), Bodil VALERO (icon: Verts/ALE Verts/ALE), Marie-Christine VERGIAT (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
TFEU 100-p2

Events

2017/12/06
   EC - Commission response to text adopted in plenary
Documents
2017/11/30
   Final act published in Official Journal
Details

PURPOSE: to update, clarify and simplify the current counting and registration requirements for passengers and crew on board passenger vessels while also improving safety aspects.

LEGISLATIVE ACT: Directive (EU) 2017/2109 of the European Parliament and of the Council amending Council Directive 98/41/EC on the registration of persons travelling on board passenger ships operating to or from ports of entry Member States of the Community and Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for vessels arriving in and/or leaving from ports of the Member States.

CONTENT: this Directive which amends Directive 98/41/EC introduces a requirement for the registration and digital notification of passenger data using harmonised administrative procedures (the national single window introduced by Directive 2010/65/EU ) in order to facilitate search and rescue operations in the event of an emergency.

The amended directive applies to passenger ships, with the exception of war ships, pleasure craft and vessels operating exclusively in ports or inland waterways. Its main features are:

Digital notification of the number of passengers on board: the new rules aim at digitizing the registration of the passengers of ships, the objective being the immediate availability of the exact number of passengers and other information for the use of the search and rescue services in the event of an accident.

Under the new requirements, data will be sent to the competent authority in electronic format within 15 minutes of the vessel’s departure . Two means of transmission may be used, under certain conditions: the national single window or the automatic identification system.

For a transitional period of six years from 20 December 2017, Member States may allow the information to be communicated to the company’s passenger registrar or to the shore-based company system that performs the same function.

Information recorded by passenger ships: to facilitate assistance to victims and their families, the recorded data will include:

the names of the persons on board, their first names, sex, nationality , date of birth, at the request of the passenger, information on the specific needs for care or assistance in emergency situations, if the Member State so decides and at the request of the passenger, an emergency number .

Data protection: personal data gathered must be systematically processed in accordance with EU law on data protection and privacy and must not be processed or used for any purpose other than that provided for in the Directive. They must be erased automatically and without undue delay after the vessel’s voyage has been safely completed or, where appropriate, when the investigation or legal proceedings following an accident has been completed.

Exemption: Member States may exempt from the obligation to report the number of persons on board and the communication of the list, passenger ships which operate exclusively in a protected maritime area where they provide regular services of less than one hour between port calls , and provided that the proximity of search and rescue facilities is ensured in that sea area.

ENTRY INTO FORCE: 20.12.2017.

TRANSPOSITION: no later than 21.12.2019. The provisions of the directive apply from the same date.

DELEGATED ACTS: the Commission may adopt delegated acts as regards the non-application, for the purposes of this Directive, of amendments to international instruments, if necessary. The power to adopt such acts is conferred on the Commission for a period of seven years (renewable) from 20 December 2017. The European Parliament or the Council have the right to oppose a delegated act within a period of two months (extendable by two months) from the date of the notification of the act.

2017/11/15
   CSL - Draft final act
Documents
2017/11/15
   CSL - Final act signed
2017/11/15
   EP - End of procedure in Parliament
2017/10/23
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2017/10/23
   CSL - Council Meeting
2017/10/04
   EP - Results of vote in Parliament
2017/10/04
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 655 votes to 12 with 26 abstentions a legislative resolution on the proposal for a directive of the European Parliament and of the Council 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 amending 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.

The proposal to amend Directive 98/41/EC introduces a requirement for the digital registration and notification of passenger data by means of harmonised administrative procedures (the ‘National Single Window’) established under Directive 2010/65/EU) in order to facilitate emergency search and rescue operations.

The European Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:

Notification of the number of passengers on board : before the passenger ship departs, the number of persons on board shall be communicated to the master of the ship, and reported by appropriate technical means in the single window , or, if the Member State so chooses, communicated to the designated authority by means of the Automatic Identification System.

For a transitional period of six years from the date of entry into force of the amending Directive, Member States could allow this information to be communicated to the company's passenger of the company installed ashore and having the same function.

Information recorded by passenger ships : in order to correctly identify persons on passenger ships travelling more than 20 miles from the point of departure to the next port, this information shall also include:

date of birth; an emergency contact number if the Member State so decides and the passenger so requests; at the request of the passenger, information on any special care or assistance that may be need in an emergency.

The information listed above shall be collected before the passenger ship's departure and reported in the single window upon the passenger ship's departure but in no case later than 15 minutes after its departure.

Data protection : personal data should therefore be destroyed automatically and without undue delay once a ship's voyage has been safely completed or, as applicable, when an investigation or a judicial proceeding taking place during the aftermath of an accident or emergency has been concluded.

Exemption : Member States may exempt passenger ships operating exclusively in a protected sea area where they provide scheduled services of one less than one hour between port calls and provided that search and rescue facilities are ensured in the vicinity.

This Directive shall not apply to pleasure craft.

In addition, landlocked Member States which do not have seaports and do not have passenger ships flying their flag that fall within the scope of the Directive shall be allowed to derogate from the provisions of the Directive.

Documents
2017/10/03
   EP - Debate in Parliament
2017/07/11
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2017/06/21
   CSL - Coreper letter confirming interinstitutional agreement
2017/05/15
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2017/04/26
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/04/21
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Transport and Tourism adopted the report by Izaskun BILBAO BARANDICA (ADLE, ES) on the proposal for a directive of the European Parliament and of the Council 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 amending 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.

As a reminder, the proposal to amend Directive 98/41/EC introduces a requirement for the digital registration and notification of passenger data by means of harmonised administrative procedures (the ‘National Single Window’) established under Directive 2010/65/EU) in order to facilitate emergency search and rescue operations.

The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows:

Digital notification of the number of passengers on board : Members supported the digital notification that the Commission suggests should be made via the National Single Window where the journey concerned exceeds 20 miles. However, a certain amount of flexibility needs to be provided for operators of shorter routes. In this respect, Members proposed that until two years after the entry into force of this Amending Directive, the number of persons on board may be made available to the designated authority by means of another electronic system , provided that that system is approved by the Member State.

Information recorded by every passenger ship : in order to properly identify people on a large passenger ship, the following information shall also be recorded:

date of birth; a contact number in case of an emergency , when the passenger so requests; information concerning special care or assistance that might be needed in an emergency.

That information shall be collected before departure and recorded in the single window upon the passenger ship’s departure but in no case later than 10 minutes after its departure (and not 30 minutes as proposed by the Commission).

Once the registration procedures have been completed, passengers should always be supplied with information on safety measures on the vessels and on action to be taken in the event of an emergency.

Exemption : Member States from whose ports ships depart may exempt passenger ships operating, exclusively in protected sea areas, regular services of less than one hour between port calls.

Data protection : personal data collected to facilitate search and rescue operations and the efficient handling of the aftermath of an accident should not be further processed or used for any other purpose and should not be retained longer than necessary and shall be without prejudice to other specific reporting obligations under Union or national law. Personal data should therefore be destroyed automatically and without undue delay once a ship's voyage has been safely completed or, as applicable, when an investigation or a judicial proceeding taking place during the aftermath of an accident or emergency has been concluded.

Each company shall implement appropriate technical and organisational measures to protect personal data processed against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of, or access to personal data stored, transmitted or otherwise processed.

Delegated acts : Members proposed that the power to adopt delegated acts shall be conferred on the Commission for a period of five years , which may be extended , from the date of entry into force of the Directive.

Evaluation : the Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than two years (instead of seven) after the date referred to in the second subparagraph of Article 3(1).

Documents
2017/04/11
   EP - Vote in committee, 1st reading
2017/04/11
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/03/10
   EP - Amendments tabled in committee
Documents
2017/02/28
   EP - Committee opinion
Documents
2017/02/03
   EP - Committee draft report
Documents
2016/12/01
   CSL - Debate in Council
Documents
2016/12/01
   CSL - Council Meeting
2016/11/14
   EP - STEVENS Helga (ECR) appointed as rapporteur in LIBE
2016/10/19
   ESC - Economic and Social Committee: opinion, report
Documents
2016/08/04
   IT_SENATE - Contribution
Documents
2016/08/01
   EP - BILBAO BARANDICA Izaskun (ALDE) appointed as rapporteur in TRAN
2016/07/28
   PT_PARLIAMENT - Contribution
Documents
2016/06/09
   EP - Committee referral announced in Parliament, 1st reading
2016/06/06
   EC - Document attached to the procedure
2016/06/06
   EC - Document attached to the procedure
2016/06/06
   EC - Legislative proposal published
Details

PURPOSE: to simplify and streamline the existing EU passenger ship safety regulatory framework (registration of persons sailing on board).

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Council Directive 98/41/EC – the first piece of EU legislation dealing with information on persons on board - provides for counting and registration of passengers and crew on board of passenger ships operating to and from the EU ports . It aims to ensure that the safety of passengers is not compromised by exceeding the maximum authorised number of persons on board and that search and rescue in the aftermath of any accident can be dealt with effectively.

Since 1998, however, other pieces of EU law and international conventions dealing with related issues have entered into force and new technological systems and solutions have been developed. This has resulted in increasingly complex and overlapping legal provisions dealing with the counting, registration and reporting of persons on board.

Experience of implementation has shown that the information on persons on board is not always readily available to the competent authorities . According to the current requirements, this information has to be stored in the company's system and be – at all times – readily available for transmission to the competent authority responsible for search and rescue. This requirement ignores the development of systems such as SafeSeaNe t and the National Single Window and requires that the national competent authority contacts the shipping company in the event of an emergency. Moreover, the recorded data does not always include information on nationality (i.e. besides name, age and sex), making the assistance provided to victims and their relatives more difficult. As a result, operators that already transmit such data to the National Single Window are subjected to a double reporting regime .

In the spirit of the Commission's REFIT and Better Regulation agenda and as an immediate follow-up to the fitness check on EU passenger ship safety legislation, the Commission considers that the existing EU passenger ship safety regulatory framework should be simplified and streamlined in order to (i) maintain EU rules where necessary and proportionate; (ii) ensure their correct implementation; and (iii) eliminate potential overlap of obligations and inconsistencies between related pieces of legislation.

The proposal is fully consistent with the simplification proposals amending Directive 2009/45/EC of the European Parliament and of the Council and the new Directive replacing Council Directive 1999/35/EC.

CONTENT: the Commission proposes to amend Directive 98/41/EC in order to update, clarify and simplify the existing requirements for counting and registration of passengers and crew on board passenger ships while enhancing the level of safety that they provide.

The main amendments are as follows:

to align as far as possible the definitions with the proposal amending Directive 2009/45/EC and with the proposal for a new Directive replacing 1999/35/EC and to align the responsibility of the passenger registrar with the proposal to remove the requirement for the information required by this Directive to be retained by the company ; to clarify the scope of the Directive and to bring it in line with the definition of port areas as defined in accordance with the proposal amending Directive 2009/45/EC; to replace the requirement to store the information on the number of persons on board in the company by recording it in the National Single Window or transmission by means of Automatic Identification System; to introduce the information on nationality of persons on board and to replace the requirement to store the lists of passengers and crew by the company by recording it in the National Single Window; to align the reference with the proposed means of data transmission and to clarify the responsibilities of Member States with respect to passenger ships flying the flag of a third country; to reflect the new role of the passenger registrar (i.e. not to store but to transmit the data ) and to remove the requirement to set up a company passenger registration system; to reflect EU law on protection of personal data and specifies that personal data shall be destroyed by the company once transmitted to the single window (without prejudice to other reporting obligations); to remove the outdated reference to the exemption for regular services crossing the Strait of Messina, and to remove the possibility to exempt operators from transmitting the number of persons on board to the competent authorities; to ensure that the exemption criteria reflect the proximity of search and rescue facilities which are no longer included in the new definition of protected sea areas; to simplify the notification of exemptions via a database to be established and maintained for this purpose; to align Directive 98/41/EC with the provisions of the Treaty on the Functioning of the EU with regard to the power to adopt delegated and implementing acts conferred on the Commission.

DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

Documents

Votes

A8-0168/2017 - Izaskun Bilbao Barandica - Am 30 04/10/2017 12:15:24.000 #

2017/10/04 Outcome: +: 655, 0: 26, -: 12
DE FR IT ES PL GB RO CZ BE SE HU NL PT AT BG FI DK SK HR EL LT IE LV SI EE MT LU CY
Total
87
71
66
52
47
57
30
21
20
20
18
25
17
17
16
13
13
13
11
20
10
9
8
7
6
6
5
6
icon: PPE PPE
198

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Luxembourg PPE

3

Cyprus PPE

1
icon: S&D S&D
184

Netherlands S&D

3

Croatia S&D

2

Ireland S&D

For (1)

1

Latvia S&D

1

Slovenia S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
67

United Kingdom ALDE

1

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

2

Ireland ALDE

For (1)

1

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1
icon: ECR ECR
60

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

2
2

Croatia ECR

For (1)

1

Greece ECR

Abstain (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: Verts/ALE Verts/ALE
48

Italy Verts/ALE

For (1)

1

Spain Verts/ALE

3

Belgium Verts/ALE

2

Hungary Verts/ALE

1

Netherlands Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
46

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Portugal GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

2
icon: ENF ENF
34

Germany ENF

Abstain (1)

1

Poland ENF

Against (1)

1

United Kingdom ENF

Abstain (1)

1

Romania ENF

1

Belgium ENF

For (1)

1

Netherlands ENF

4
icon: EFDD EFDD
39

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: NI NI
15

Germany NI

For (1)

1

France NI

2

Poland NI

Against (1)

2

United Kingdom NI

For (1)

Against (2)

3

Hungary NI

2
AmendmentsDossier
64 2016/0171(COD)
2017/03/10 TRAN 64 amendments...
source: 600.951

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2017-04-11T00:00:00 body: unknown type: Committee decision to open interinstitutional negotiations with report adopted in committee
  • date: 2017-04-11T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: LIBE date: 2016-11-14T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: STEVENS Helga body: EP shadows: group: EPP name: MONTEIRO DE AGUIAR Cláudia group: S&D name: UJHELYI István group: ECR name: TOMAŠIĆ Ruža group: GUE/NGL name: KYLLÖNEN Merja group: Verts/ALE name: TAYLOR Keith group: EFD name: D'AMATO Rosa group: ENF name: ARNAUTU Marie-Christine responsible: True committee: TRAN date: 2016-08-01T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: BILBAO BARANDICA Izaskun
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0168&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0168/2017 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: LIBE date: 2016-11-14T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: STEVENS Helga body: EP shadows: group: EPP name: MONTEIRO DE AGUIAR Cláudia group: S&D name: UJHELYI István group: ECR name: TOMAŠIĆ Ruža group: GUE/NGL name: KYLLÖNEN Merja group: Verts/ALE name: TAYLOR Keith group: EFD name: D'AMATO Rosa group: ENF name: ARNAUTU Marie-Christine responsible: True committee: TRAN date: 2016-08-01T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: BILBAO BARANDICA Izaskun date: 2017-04-21T00:00:00
  • date: 2017-07-11T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/commissions/tran/inag/2017/06-21/TRAN_AG(2017)610810_EN.pdf type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations title: PE610.810 GEDA/A/(2017)008683 body: unknown type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations
  • date: 2017-10-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20171003&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2017-10-04T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=29522&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0374 type: Decision by Parliament, 1st reading/single reading title: T8-0374/2017 body: EP type: Results of vote in Parliament
  • date: 2017-10-23T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3569
  • date: 2017-10-23T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2017-11-15T00:00:00 body: CSL type: Final act signed
  • date: 2017-11-15T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2017-11-30T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017L2109 title: Directive 2017/2109 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:315:TOC title: OJ L 315 30.11.2017, p. 0052
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  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3569 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3569*&MEET_DATE=23/10/2017 date: 2017-10-23T00:00:00
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3505 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3505*&MEET_DATE=01/12/2016 date: 2016-12-01T00:00:00
docs
  • date: 2016-06-06T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2016:0189:FIN:EN:PDF title: EUR-Lex title: SWD(2016)0189 type: Document attached to the procedure body: EC
  • date: 2016-06-06T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2016:0190:FIN:EN:PDF title: EUR-Lex title: SWD(2016)0190 type: Document attached to the procedure body: EC
  • date: 2016-10-19T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:4290)(documentyear:2016)(documentlanguage:EN) title: CES4290/2016 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2017-02-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE597.720 title: PE597.720 type: Committee draft report body: EP
  • date: 2017-02-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE600.925&secondRef=01 title: PE600.925 committee: LIBE type: Committee opinion body: EP
  • date: 2017-03-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE600.951 title: PE600.951 type: Amendments tabled in committee body: EP
  • date: 2017-06-21T00:00:00 docs: title: GEDA/A/(2017)008683 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2017-11-15T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F17&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00035/2017/LEX type: Draft final act body: CSL
  • date: 2017-12-06T00:00:00 docs: url: /oeil/spdoc.do?i=29522&j=0&l=en title: SP(2017)766 type: Commission response to text adopted in plenary
  • date: 2016-08-04T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0370 title: COM(2016)0370 type: Contribution body: IT_SENATE
  • date: 2016-07-28T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0370 title: COM(2016)0370 type: Contribution body: PT_PARLIAMENT
events
  • date: 2016-06-06T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0370/COM_COM(2016)0370_EN.pdf title: COM(2016)0370 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0370 title: EUR-Lex summary: PURPOSE: to simplify and streamline the existing EU passenger ship safety regulatory framework (registration of persons sailing on board). PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Council Directive 98/41/EC – the first piece of EU legislation dealing with information on persons on board - provides for counting and registration of passengers and crew on board of passenger ships operating to and from the EU ports . It aims to ensure that the safety of passengers is not compromised by exceeding the maximum authorised number of persons on board and that search and rescue in the aftermath of any accident can be dealt with effectively. Since 1998, however, other pieces of EU law and international conventions dealing with related issues have entered into force and new technological systems and solutions have been developed. This has resulted in increasingly complex and overlapping legal provisions dealing with the counting, registration and reporting of persons on board. Experience of implementation has shown that the information on persons on board is not always readily available to the competent authorities . According to the current requirements, this information has to be stored in the company's system and be – at all times – readily available for transmission to the competent authority responsible for search and rescue. This requirement ignores the development of systems such as SafeSeaNe t and the National Single Window and requires that the national competent authority contacts the shipping company in the event of an emergency. Moreover, the recorded data does not always include information on nationality (i.e. besides name, age and sex), making the assistance provided to victims and their relatives more difficult. As a result, operators that already transmit such data to the National Single Window are subjected to a double reporting regime . In the spirit of the Commission's REFIT and Better Regulation agenda and as an immediate follow-up to the fitness check on EU passenger ship safety legislation, the Commission considers that the existing EU passenger ship safety regulatory framework should be simplified and streamlined in order to (i) maintain EU rules where necessary and proportionate; (ii) ensure their correct implementation; and (iii) eliminate potential overlap of obligations and inconsistencies between related pieces of legislation. The proposal is fully consistent with the simplification proposals amending Directive 2009/45/EC of the European Parliament and of the Council and the new Directive replacing Council Directive 1999/35/EC. CONTENT: the Commission proposes to amend Directive 98/41/EC in order to update, clarify and simplify the existing requirements for counting and registration of passengers and crew on board passenger ships while enhancing the level of safety that they provide. The main amendments are as follows: to align as far as possible the definitions with the proposal amending Directive 2009/45/EC and with the proposal for a new Directive replacing 1999/35/EC and to align the responsibility of the passenger registrar with the proposal to remove the requirement for the information required by this Directive to be retained by the company ; to clarify the scope of the Directive and to bring it in line with the definition of port areas as defined in accordance with the proposal amending Directive 2009/45/EC; to replace the requirement to store the information on the number of persons on board in the company by recording it in the National Single Window or transmission by means of Automatic Identification System; to introduce the information on nationality of persons on board and to replace the requirement to store the lists of passengers and crew by the company by recording it in the National Single Window; to align the reference with the proposed means of data transmission and to clarify the responsibilities of Member States with respect to passenger ships flying the flag of a third country; to reflect the new role of the passenger registrar (i.e. not to store but to transmit the data ) and to remove the requirement to set up a company passenger registration system; to reflect EU law on protection of personal data and specifies that personal data shall be destroyed by the company once transmitted to the single window (without prejudice to other reporting obligations); to remove the outdated reference to the exemption for regular services crossing the Strait of Messina, and to remove the possibility to exempt operators from transmitting the number of persons on board to the competent authorities; to ensure that the exemption criteria reflect the proximity of search and rescue facilities which are no longer included in the new definition of protected sea areas; to simplify the notification of exemptions via a database to be established and maintained for this purpose; to align Directive 98/41/EC with the provisions of the Treaty on the Functioning of the EU with regard to the power to adopt delegated and implementing acts conferred on the Commission. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
  • date: 2016-06-09T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-12-01T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3505*&MEET_DATE=01/12/2016 title: 3505
  • date: 2017-04-11T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-04-11T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2017-04-21T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0168&language=EN title: A8-0168/2017 summary: The Committee on Transport and Tourism adopted the report by Izaskun BILBAO BARANDICA (ADLE, ES) on the proposal for a directive of the European Parliament and of the Council 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 amending 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. As a reminder, the proposal to amend Directive 98/41/EC introduces a requirement for the digital registration and notification of passenger data by means of harmonised administrative procedures (the ‘National Single Window’) established under Directive 2010/65/EU) in order to facilitate emergency search and rescue operations. The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows: Digital notification of the number of passengers on board : Members supported the digital notification that the Commission suggests should be made via the National Single Window where the journey concerned exceeds 20 miles. However, a certain amount of flexibility needs to be provided for operators of shorter routes. In this respect, Members proposed that until two years after the entry into force of this Amending Directive, the number of persons on board may be made available to the designated authority by means of another electronic system , provided that that system is approved by the Member State. Information recorded by every passenger ship : in order to properly identify people on a large passenger ship, the following information shall also be recorded: date of birth; a contact number in case of an emergency , when the passenger so requests; information concerning special care or assistance that might be needed in an emergency. That information shall be collected before departure and recorded in the single window upon the passenger ship’s departure but in no case later than 10 minutes after its departure (and not 30 minutes as proposed by the Commission). Once the registration procedures have been completed, passengers should always be supplied with information on safety measures on the vessels and on action to be taken in the event of an emergency. Exemption : Member States from whose ports ships depart may exempt passenger ships operating, exclusively in protected sea areas, regular services of less than one hour between port calls. Data protection : personal data collected to facilitate search and rescue operations and the efficient handling of the aftermath of an accident should not be further processed or used for any other purpose and should not be retained longer than necessary and shall be without prejudice to other specific reporting obligations under Union or national law. Personal data should therefore be destroyed automatically and without undue delay once a ship's voyage has been safely completed or, as applicable, when an investigation or a judicial proceeding taking place during the aftermath of an accident or emergency has been concluded. Each company shall implement appropriate technical and organisational measures to protect personal data processed against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of, or access to personal data stored, transmitted or otherwise processed. Delegated acts : Members proposed that the power to adopt delegated acts shall be conferred on the Commission for a period of five years , which may be extended , from the date of entry into force of the Directive. Evaluation : the Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than two years (instead of seven) after the date referred to in the second subparagraph of Article 3(1).
  • date: 2017-07-11T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: url: http://www.europarl.europa.eu/RegData/commissions/tran/inag/2017/06-21/TRAN_AG(2017)610810_EN.pdf title: PE610.810
  • date: 2017-10-03T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20171003&type=CRE title: Debate in Parliament
  • date: 2017-10-04T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=29522&l=en title: Results of vote in Parliament
  • date: 2017-10-04T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0374 title: T8-0374/2017 summary: The European Parliament adopted by 655 votes to 12 with 26 abstentions a legislative resolution on the proposal for a directive of the European Parliament and of the Council 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 amending 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. The proposal to amend Directive 98/41/EC introduces a requirement for the digital registration and notification of passenger data by means of harmonised administrative procedures (the ‘National Single Window’) established under Directive 2010/65/EU) in order to facilitate emergency search and rescue operations. The European Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows: Notification of the number of passengers on board : before the passenger ship departs, the number of persons on board shall be communicated to the master of the ship, and reported by appropriate technical means in the single window , or, if the Member State so chooses, communicated to the designated authority by means of the Automatic Identification System. For a transitional period of six years from the date of entry into force of the amending Directive, Member States could allow this information to be communicated to the company's passenger of the company installed ashore and having the same function. Information recorded by passenger ships : in order to correctly identify persons on passenger ships travelling more than 20 miles from the point of departure to the next port, this information shall also include: date of birth; an emergency contact number if the Member State so decides and the passenger so requests; at the request of the passenger, information on any special care or assistance that may be need in an emergency. The information listed above shall be collected before the passenger ship's departure and reported in the single window upon the passenger ship's departure but in no case later than 15 minutes after its departure. Data protection : personal data should therefore be destroyed automatically and without undue delay once a ship's voyage has been safely completed or, as applicable, when an investigation or a judicial proceeding taking place during the aftermath of an accident or emergency has been concluded. Exemption : Member States may exempt passenger ships operating exclusively in a protected sea area where they provide scheduled services of one less than one hour between port calls and provided that search and rescue facilities are ensured in the vicinity. This Directive shall not apply to pleasure craft. In addition, landlocked Member States which do not have seaports and do not have passenger ships flying their flag that fall within the scope of the Directive shall be allowed to derogate from the provisions of the Directive.
  • date: 2017-10-23T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2017-11-15T00:00:00 type: Final act signed body: CSL
  • date: 2017-11-15T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2017-11-30T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to update, clarify and simplify the current counting and registration requirements for passengers and crew on board passenger vessels while also improving safety aspects. LEGISLATIVE ACT: Directive (EU) 2017/2109 of the European Parliament and of the Council amending Council Directive 98/41/EC on the registration of persons travelling on board passenger ships operating to or from ports of entry Member States of the Community and Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for vessels arriving in and/or leaving from ports of the Member States. CONTENT: this Directive which amends Directive 98/41/EC introduces a requirement for the registration and digital notification of passenger data using harmonised administrative procedures (the national single window introduced by Directive 2010/65/EU ) in order to facilitate search and rescue operations in the event of an emergency. The amended directive applies to passenger ships, with the exception of war ships, pleasure craft and vessels operating exclusively in ports or inland waterways. Its main features are: Digital notification of the number of passengers on board: the new rules aim at digitizing the registration of the passengers of ships, the objective being the immediate availability of the exact number of passengers and other information for the use of the search and rescue services in the event of an accident. Under the new requirements, data will be sent to the competent authority in electronic format within 15 minutes of the vessel’s departure . Two means of transmission may be used, under certain conditions: the national single window or the automatic identification system. For a transitional period of six years from 20 December 2017, Member States may allow the information to be communicated to the company’s passenger registrar or to the shore-based company system that performs the same function. Information recorded by passenger ships: to facilitate assistance to victims and their families, the recorded data will include: the names of the persons on board, their first names, sex, nationality , date of birth, at the request of the passenger, information on the specific needs for care or assistance in emergency situations, if the Member State so decides and at the request of the passenger, an emergency number . Data protection: personal data gathered must be systematically processed in accordance with EU law on data protection and privacy and must not be processed or used for any purpose other than that provided for in the Directive. They must be erased automatically and without undue delay after the vessel’s voyage has been safely completed or, where appropriate, when the investigation or legal proceedings following an accident has been completed. Exemption: Member States may exempt from the obligation to report the number of persons on board and the communication of the list, passenger ships which operate exclusively in a protected maritime area where they provide regular services of less than one hour between port calls , and provided that the proximity of search and rescue facilities is ensured in that sea area. ENTRY INTO FORCE: 20.12.2017. TRANSPOSITION: no later than 21.12.2019. The provisions of the directive apply from the same date. DELEGATED ACTS: the Commission may adopt delegated acts as regards the non-application, for the purposes of this Directive, of amendments to international instruments, if necessary. The power to adopt such acts is conferred on the Commission for a period of seven years (renewable) from 20 December 2017. The European Parliament or the Council have the right to oppose a delegated act within a period of two months (extendable by two months) from the date of the notification of the act. docs: title: Directive 2017/2109 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017L2109 title: OJ L 315 30.11.2017, p. 0052 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:315:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/info/departments/mobility-and-transport_en title: Mobility and Transport commissioner: BULC Violeta
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Old
Rules of Procedure EP 150
New
Rules of Procedure EP 159
procedure/Notes
  • 28/04/2017 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
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Old
TRAN/8/06753
New
  • TRAN/8/06753
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017L2109
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https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017L2109
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Old
Directive
New
  • Directive
  • Amending Directive 98/41/EC 1996/0281(SYN) Amending Directive 2010/65/EU 2009/0005(COD)
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Old
  • 3.20.03 Maritime transport: passengers and freight
New
3.20.03
Maritime transport: passengers and freight
procedure/summary
  • Amending Directive 2010/65/EU
  • Amending Directive 98/41/EC
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http://www.europarl.europa.eu/RegData/commissions/tran/inag/2017/06-21/TRAN_AG(2017)610810_EN.pdf
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Results of vote in Parliament
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Decision by Parliament, 1st reading/single reading
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2017-11-30T00:00:00
text

PURPOSE: to update, clarify and simplify the current counting and registration requirements for passengers and crew on board passenger vessels while also improving safety aspects.

LEGISLATIVE ACT: Directive (EU) 2017/2109 of the European Parliament and of the Council amending Council Directive 98/41/EC on the registration of persons travelling on board passenger ships operating to or from ports of entry Member States of the Community and Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for vessels arriving in and/or leaving from ports of the Member States.

CONTENT: this Directive which amends Directive 98/41/EC introduces a requirement for the registration and digital notification of passenger data using harmonised administrative procedures (the national single window introduced by Directive 2010/65/EU) in order to facilitate search and rescue operations in the event of an emergency.

The amended directive applies to passenger ships, with the exception of war ships, pleasure craft and vessels operating exclusively in ports or inland waterways. Its main features are:

Digital notification of the number of passengers on board: the new rules aim at digitizing the registration of the passengers of ships, the objective being the immediate availability of the exact number of passengers and other information for the use of the search and rescue services in the event of an accident.

Under the new requirements, data will be sent to the competent authority in electronic format within 15 minutes of the vessel’s departure. Two means of transmission may be used, under certain conditions: the national single window or the automatic identification system.

For a transitional period of six years from 20 December 2017, Member States may allow the information to be communicated to the company’s passenger registrar or to the shore-based company system that performs the same function.

Information recorded by passenger ships: to facilitate assistance to victims and their families, the recorded data will include:

  • the names of the persons on board, their first names, sex, nationality, date of birth,
  • at the request of the passenger, information on the specific needs for care or assistance in emergency situations,
  • if the Member State so decides and at the request of the passenger, an emergency number.

Data protection: personal data gathered must be systematically processed in accordance with EU law on data protection and privacy and must not be processed or used for any purpose other than that provided for in the Directive. They must be erased automatically and without undue delay after the vessel’s voyage has been safely completed or, where appropriate, when the investigation or legal proceedings following an accident has been completed.

Exemption: Member States may exempt from the obligation to report the number of persons on board and the communication of the list, passenger ships which operate exclusively in a protected maritime area where they provide regular services of less than one hour between port calls, and provided that the proximity of search and rescue facilities is ensured in that sea area.

ENTRY INTO FORCE: 20.12.2017.

TRANSPOSITION: no later than 21.12.2019. The provisions of the directive apply from the same date.

DELEGATED ACTS: the Commission may adopt delegated acts as regards the non-application, for the purposes of this Directive, of amendments to international instruments, if necessary. The power to adopt such acts is conferred on the Commission for a period of seven years (renewable) from 20 December 2017. The European Parliament or the Council have the right to oppose a delegated act within a period of two months (extendable by two months) from the date of the notification of the act.

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Directive 2017/2109
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  • The European Parliament adopted by 655 votes to 12 with 26 abstentions a legislative resolution on the proposal for a directive of the European Parliament and of the Council 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 amending 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.

    The proposal to amend Directive 98/41/EC introduces a requirement for the digital registration and notification of passenger data by means of harmonised administrative procedures (the ‘National Single Window’) established under Directive 2010/65/EU) in order to facilitate emergency search and rescue operations.

    The European Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:

    Notification of the number of passengers on board: before the passenger ship departs, the number of persons on board shall be communicated to the master of the ship, and reported by appropriate technical means in the single window, or, if the Member State so chooses, communicated to the designated authority by means of the Automatic Identification System.

    For a transitional period of six years from the date of entry into force of the amending Directive, Member States could allow this information to be communicated to the company's passenger of the company installed ashore and having the same function.

    Information recorded by passenger ships: in order to correctly identify persons on passenger ships travelling more than 20 miles from the point of departure to the next port, this information shall also include:

    • date of birth;
    • an emergency contact number if the Member State so decides and the passenger so requests;
    • at the request of the passenger, information on any special care or assistance that may be need in an emergency.

    The information listed above shall be collected before the passenger ship's departure and reported in the single window upon the passenger ship's departure but in no case later than 15 minutes after its departure.

    Data protection: personal data should therefore be destroyed automatically and without undue delay once a ship's voyage has been safely completed or, as applicable, when an investigation or a judicial proceeding taking place during the aftermath of an accident or emergency has been concluded.

    Exemption: Member States may exempt passenger ships operating exclusively in a protected sea area where they provide scheduled services of one less than one hour between port calls and provided that search and rescue facilities are ensured in the vicinity.

    This Directive shall not apply to pleasure craft.

    In addition, landlocked Member States which do not have seaports and do not have passenger ships flying their flag that fall within the scope of the Directive shall be allowed to derogate from the provisions of the Directive.

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  • The Committee on Transport and Tourism adopted the report by Izaskun BILBAO BARANDICA (ADLE, ES) on the proposal for a directive of the European Parliament and of the Council 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 amending 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.

    As a reminder, the proposal to amend Directive 98/41/EC introduces a requirement for the digital registration and notification of passenger data by means of harmonised administrative procedures (the ‘National Single Window’) established under Directive 2010/65/EU) in order to facilitate emergency search and rescue operations.

    The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows:

    Digital notification of the number of passengers on board: Members supported the digital notification that the Commission suggests should be made via the National Single Window where the journey concerned exceeds 20 miles. However, a certain amount of flexibility needs to be provided for operators of shorter routes. In this respect, Members proposed that until two years after the entry into force of this Amending Directive, the number of persons on board may be made available to the designated authority by means of another electronic system, provided that that system is approved by the Member State.

    Information recorded by every passenger ship: in order to properly identify people on a large passenger ship, the following information shall also be recorded:

    • date of birth;
    • a contact number in case of an emergency, when the passenger so requests;
    • information concerning special care or assistance that might be needed in an emergency.

    That information shall be collected before departure and recorded in the single window upon the passenger ship’s departure but in no case later than 10 minutes after its departure (and not 30 minutes as proposed by the Commission).

    Once the registration procedures have been completed, passengers should always be supplied with information on safety measures on the vessels and on action to be taken in the event of an emergency.

    Exemption: Member States from whose ports ships depart may exempt passenger ships operating, exclusively in protected sea areas, regular services of less than one hour between port calls.

    Data protection: personal data collected to facilitate search and rescue operations and the efficient handling of the aftermath of an accident should not be further processed or used for any other purpose and should not be retained longer than necessary and shall be without prejudice to other specific reporting obligations under Union or national law. Personal data should therefore be destroyed automatically and without undue delay once a ship's voyage has been safely completed or, as applicable, when an investigation or a judicial proceeding taking place during the aftermath of an accident or emergency has been concluded.

    Each company shall implement appropriate technical and organisational measures to protect personal data processed against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of, or access to personal data stored, transmitted or otherwise processed.

    Delegated acts: Members proposed that the power to adopt delegated acts shall be conferred on the Commission for a period of five years, which may be extended, from the date of entry into force of the Directive.

    Evaluation: the Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than two years (instead of seven) after the date referred to in the second subparagraph of Article 3(1).

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KYLLÖNEN Merja
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ARNAUTU Marie-Christine
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  • PURPOSE: to simplify and streamline the existing EU passenger ship safety regulatory framework (registration of persons sailing on board).

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: Council Directive 98/41/EC – the first piece of EU legislation dealing with information on persons on board - provides for counting and registration of passengers and crew on board of passenger ships operating to and from the EU ports. It aims to ensure that the safety of passengers is not compromised by exceeding the maximum authorised number of persons on board and that search and rescue in the aftermath of any accident can be dealt with effectively.

    Since 1998, however, other pieces of EU law and international conventions dealing with related issues have entered into force and new technological systems and solutions have been developed. This has resulted in increasingly complex and overlapping legal provisions dealing with the counting, registration and reporting of persons on board.

    Experience of implementation has shown that the information on persons on board is not always readily available to the competent authorities. According to the current requirements, this information has to be stored in the company's system and be – at all times – readily available for transmission to the competent authority responsible for search and rescue. This requirement ignores the development of systems such as SafeSeaNet and the National Single Window and requires that the national competent authority contacts the shipping company in the event of an emergency. Moreover, the recorded data does not always include information on nationality (i.e. besides name, age and sex), making the assistance provided to victims and their relatives more difficult. As a result, operators that already transmit such data to the National Single Window are subjected to a double reporting regime.

    In the spirit of the Commission's REFIT and Better Regulation agenda and as an immediate follow-up to the fitness check on EU passenger ship safety legislation, the Commission considers that the existing EU passenger ship safety regulatory framework should be simplified and streamlined in order to (i) maintain EU rules where necessary and proportionate; (ii) ensure their correct implementation; and (iii) eliminate potential overlap of obligations and inconsistencies between related pieces of legislation.

    The proposal is fully consistent with the simplification proposals amending Directive 2009/45/EC of the European Parliament and of the Council and the new Directive replacing Council Directive 1999/35/EC.

    CONTENT: the Commission proposes to amend Directive 98/41/EC in order to update, clarify and simplify the existing requirements for counting and registration of passengers and crew on board passenger ships while enhancing the level of safety that they provide.

    The main amendments are as follows:

    • to align as far as possible the definitions with the proposal amending Directive 2009/45/EC and with the proposal for a new Directive replacing 1999/35/EC and to align the responsibility of the passenger registrar with the proposal to remove the requirement for the information required by this Directive to be retained by the company ;
    • to clarify the scope of the Directive and to bring it in line with the definition of port areas as defined in accordance with the proposal amending Directive 2009/45/EC;
    • to replace the requirement to store the information on the number of persons on board in the company by recording it in the National Single Window or transmission by means of Automatic Identification System;
    • to introduce the information on nationality of persons on board and to replace the requirement to store the lists of passengers and crew by the company by recording it in the National Single Window;
    • to align the reference with the proposed means of data transmission and to clarify the responsibilities of Member States with respect to passenger ships flying the flag of a third country;
    • to reflect the new role of the passenger registrar (i.e. not to store but to transmit the data) and to remove the requirement to set up a company passenger registration system;
    • to reflect EU law on protection of personal data and specifies that personal data shall be destroyed by the company once transmitted to the single window (without prejudice to other reporting obligations);
    • to remove the outdated reference to the exemption for regular services crossing the Strait of Messina, and to remove the possibility to exempt operators from transmitting the number of persons on board to the competent authorities;
    • to ensure that the exemption criteria reflect the proximity of search and rescue facilities which are no longer included in the new definition of protected sea areas;
    • to simplify the notification of exemptions via a database to be established and maintained for this purpose;
    • to align Directive 98/41/EC with the provisions of the Treaty on the Functioning of the EU with regard to the power to adopt delegated and implementing acts conferred on the Commission.

    DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

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  • group: EPP name: MONTEIRO DE AGUIAR Cláudia
  • group: S&D name: UJHELYI István
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  • date: 2016-06-06T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0370/COM_COM(2016)0370_EN.pdf celexid: CELEX:52016PC0370:EN type: Legislative proposal published title: COM(2016)0370 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: BULC Violeta
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2016/0171(COD)
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Directive
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Treaty on the Functioning of the EU TFEU 100-p2
stage_reached
Awaiting committee decision
summary
subtype
Legislation
title
Registration of persons sailing on board passenger ships operating to or from ports of the Member States: simplification
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject
3.20.03 Maritime transport: passengers and freight