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

Published date02 July 1998
Subject Mattertrasporti,ravvicinamento delle legislazioni,Mercato interno - Principi,transportes,aproximación de las legislaciones,Mercado interior - Principios,transports,rapprochement des législations,Marché intérieur - Principes
Official Gazette PublicationGazzetta ufficiale delle Comunità europee, L 188, 02 luglio 1998,Diario Oficial de las Comunidades Europeas, L 188, 02 de julio de 1998,Journal officiel des Communautés européennes, L 188, 02 juillet 1998
Consolidated TEXT: 31998L0041 — EN — 21.12.2019

01998L0041 — EN — 21.12.2019 — 003.002


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B 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 (OJ L 188 2.7.1998, p. 35)

Amended by:

Official Journal
No page date
►M1 DIRECTIVE 2002/84/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Text with EEA relevance of 5 November 2002 L 324 53 29.11.2002
►M2 REGULATION (EC) No 1137/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 L 311 1 21.11.2008
►M3 DIRECTIVE (EU) 2017/2109 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 November 2017 L 315 52 30.11.2017




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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



Article 1

The purpose of this Directive shall be to enhance the safety and possibilities of rescue of passengers and crew on board passenger ships operating to or from ports in Member States of the Community and to ensure that search and rescue and the aftermath of any accident which may occur can be dealt with more effectively.

Article 2

For the purposes of this Directive:

‘persons’ shall mean all people on board irrespective of age,

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‘passenger ship’ shall mean a ship or a high-speed craft which carries more than 12 passengers,

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‘high-speed craft’ shall mean a high-speed craft as defined in Regulation 1 of Chapter X of the 1974 SOLAS Convention, ►M1 in its up-to-date version,

‘company’ shall mean the owner of a passenger ship or any other organisation or person such as the manager or the bareboat charterer, who has assumed responsibility for operating the passenger ship from the owner,

‘ISM Code’ shall mean the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization (IMO) through Assembly Resolution A.741(18) of 4 November 1993,

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‘passenger registrar’ shall mean the responsible person designated by a company to fulfil the ISM Code obligations, where applicable, or a person designated by a company as responsible for the transmission of information on persons who have embarked on a company passenger ship,

‘designated authority’ shall mean the competent authority of the Member State responsible for search and rescue or concerned with the aftermath of an accident, having access to the information required under this Directive,

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‘a mile’ is 1 852 metres,

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‘regular service’ shall mean a series of ship crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls, either:

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(a) according to a published timetable, or

(b) with crossings so regular or frequent that they constitute a recognizable systematic series,

‘third country’ shall mean any country which is not a Member State,

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‘port area’ shall mean an area as defined in point (r) of Article 2 of Directive 2009/45/EC,

‘pleasure yacht or pleasure craft’ shall mean a vessel which is not engaged in trade, regardless of its means of propulsion.

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Article 3

1. This Directive shall apply to passenger ships, with the exception of:

ships of war and troop ships,

pleasure yachts and pleasure craft,

ships exclusively engaged in port areas or inland waterways.

2. Member States which do not have seaports and which have no passenger ships flying their flag that fall within the scope of this Directive may derogate from the provisions of this Directive except for the obligation set out in the second subparagraph.

Those Member States which intend to avail themselves of such derogation shall communicate to the Commission at the latest on 21 December 2019 if the conditions are met and shall inform the Commission annually thereafter of any subsequent change. Such Member States may not allow passenger ships that fall within the scope of this Directive to fly their flag until they have transposed and implemented this Directive.

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Article 4

1. All persons on board any passenger ship which departs from a port located in a Member State shall be counted before that passenger ship departs.

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2. 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 established pursuant to Article 5 of Directive 2010/65/EU of the European Parliament and of the Council ( 1 ), or, if the Member State so chooses, communicated to the designated authority by means of the Automatic Identification System.

For a transitional period of 6 years from 20 December 2017, Member States may continue to allow that information to be communicated to the company's passenger registrar or to the shore-based company system that performs the same function, instead of requiring it to be reported in the single window or to the designated authority by means of the Automatic Identification System.

Article 5

1. Where a passenger ship departs from a port located in a Member State in order to undertake a voyage of which the distance sailed from the point of departure to the next port of call exceeds 20 miles, the following information shall be recorded:

the family names of the persons on board, their forenames, their gender, their nationality, their dates of birth,

when volunteered by a passenger, information concerning special care or assistance that might be needed in an emergency,

if the Member State so chooses, when volunteered by the passenger, a contact number in case of an emergency.

2. The information listed in paragraph 1 shall be collected before the passenger ship's departure and reported in the single window established pursuant to Article 5 of Directive 2010/65/EU upon the passenger ship's departure but in no case later than 15 minutes after its departure.

3. For a transitional period of 6 years from 20 December 2017, Member States may continue to allow that information be communicated to the company's passenger registrar or to the shore-based company system that performs the same function, instead of requiring it to be reported in the single window.

4. Without prejudice to other legal obligations that comply with Union and national legislation on data protection, personal data collected for the purposes of this Directive shall not be processed and used for any other purpose. Such personal data shall always be handled in accordance with Union law on data protection and privacy and shall be erased automatically and without undue delay once it is no longer needed.

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Article 6

1. Each Member State shall, as regards every passenger ship that flies its flag and departs from a port located outwith the Community and is bound for a port located within the Community, require the company to ensure that the information specified in Articles 4(1) and 5(1) is provided as laid down in Articles 4(2) and 5(2).

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2. Each Member State shall, as regards every passenger ship that flies the flag of a third country, departs from a port located outside the Union and is bound for a port located in that Member State, require the company to ensure that the information specified in Articles 4(1) and 5(1) is provided in accordance with Articles 4(2) and 5(2).

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3. Where under the relevant SOLAS provisions a Member State grants an exemption or derogation relating to the information concerning passengers to a ship flying its flag...

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