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European Parliament2014-2019

Plenary sitting

A8-0168/2017

21.4.2017

***IREPORTon 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 (COM(2016)0370 – C8-0209/2016 – 2016/0171(COD))

Committee on Transport and Tourism

Rapporteur: Izaskun Bilbao Barandica

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EN United in diversity EN

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Symbols for procedures

* Consultation procedure*** Consent procedure

***I Ordinary legislative procedure (first reading)***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

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CONTENTS

Page

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION.................................5

EXPLANATORY STATEMENT............................................................................................21

OPINION OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS..................................................................................................................................24

PROCEDURE – COMMITTEE RESPONSIBLE...................................................................32

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE....................................33

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DRAFT EUROPEAN PARLIAMENT 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 (COM(2016)0370 – C8-0209/2016 – 2016/0171(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2016)0370),

– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0209/2016),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 19 October 20161,

– after consulting the Committee of the Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee of Civil Liberties, Justice and Home Affairs (A8-0168/2017),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directiveRecital 3

Text proposed by the Commission Amendment

(3) Over the past 17 years, key (3) Over the past 17 years, key

1 OJ C 34, 2.2.2017, p. 172.

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technological progress has been made in the means of communicating and storing data on ship movements allowing the use of automatic identification systems (AIS) on board of ships for enhanced ship monitoring. As a result, the related costs of equipment to carry out these functions have been significantly reduced. A number of mandatory ship reporting systems have been set up along Europe’s coasts, in accordance with the relevant rules adopted by the International Maritime Organisation (IMO). Union and national law ensure that ships comply with the reporting requirements in force under those systems.

technological progress has been made in the means of communicating and storing data on ship movements allowing the use of automatic identification systems (AIS) on board ships for enhanced ship monitoring. As a result, the related costs of equipment to carry out these functions have been significantly reduced. A number of mandatory ship reporting systems have been set up along Europe’s coasts, in accordance with the relevant rules adopted by the International Maritime Organisation (IMO). Union and national law ensure that ships comply with the reporting requirements in force under those systems. Progress should now be made as regards technological innovation, building on the results achieved thus far and ensuring that neutrality is always maintained.

Amendment 2



(4) The collection, transmission and sharing of ship-related data has been enabled, simplified and harmonised by the National Single Window referred to in Directive 2010/65/EU of the European Parliament and of the Council17 and SafeSeaNet referred to in Directive 2002/59/EC of the European Parliament and of the Council18 . The information on the persons on board required by Directive 98/41/EC should therefore be recorded in the National Single Window that in the event of an emergency or accident allows the data to be readily available to the competent authority.

(4) The collection, transmission and sharing of ship-related data has been enabled, simplified and harmonised by the National Single Window referred to in Directive 2010/65/EU of the European Parliament and of the Council17 and SafeSeaNet referred to in Directive 2002/59/EC of the European Parliament and of the Council18 . The information on the persons on board required by Directive 98/41/EC should therefore be recorded in the National Single Window that in the event of an emergency or accident allows the data to be readily available to the competent authority. That data should only be used for the purpose of passenger safety and handled in accordance with Union law on data protection and privacy.

_________________ _________________

17 Directive 2010/65/EU of the European Parliament and of the Council of 20

17 Directive 2010/65/EU of the European Parliament and of the Council of 20

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October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC (OJ L 283, 29.10.2010, p. 1).

October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC (OJ L 283, 29.10.2010, p. 1).

18 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).

18 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).

Amendment 3



(5) In view of ensuring compliance with the principle of proportionality, smaller operators that do not yet use the National Single Window and that operate mainly on very short domestic voyages below 20 nautical miles (i.e. have the obligation to record the number of persons on board only), should have a choice as regards the means of making such number available either via the National Single Window or the AIS.

(5) In view of ensuring compliance with the principle of proportionality, smaller operators that do not yet use the National Single Window and that operate mainly on very short domestic voyages below 20 nautical miles (i.e. they have the obligation to record the number of persons on board only), should have a choice as regards the means of making such number available, whether via the National Single Window, the AIS or another electronic system approved by the Member State.

Justification

It must be made clear who exactly has to submit data via the single window or via the AIS. The new option of a Member State approved electronic system has been included for operators of short routes that cannot use either of the other two options as doing so would cause organisational problems for them, particularly with regard to the safety and rescue of persons.

Amendment 4

Proposal for a directiveRecital 5 a (new)

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(5a) Progress made in developing national single windows must be seen as an ideal basis for moving towards a European single window in the future.

Amendment 5

Proposal for a directiveRecital 5 b (new)


(5b) Member States should be allowed to maintain existing possibilities of lowering the threshold of 20 nautical miles for recording and reporting the list of persons on board, including voyages where passenger ships carrying a high number of passengers make successive calls between ports at a distance of less than 20 nautical miles during the course of a single longer voyage. In such cases, Member States should be allowed to lower the threshold of 20 nautical miles in order to record the information required by this Directive for passengers having embarked in the first or intermediate ports.

Amendment 6



(6) To reduce the anxiety of relatives in case of an accident and unnecessary delays in the consular assistance and other services, the communicated data should include information on nationality of persons on board. The list of required data entries for voyages beyond 20 nautical miles should be simplified, clarified and aligned as far as possible with reporting requirements into the National Single Window.

(6) To provide relatives with timely and reliable information in the case of an accident, to reduce unnecessary delays in the consular assistance and other services, and to facilitate identification procedures, the communicated data should include information on nationality of persons on board. The list of required data entries for voyages beyond 20 nautical miles should be simplified, clarified and aligned as far as possible with reporting requirements into the National Single Window.

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Amendment 7



(7) Taking into account the availability of electronic means of data recording and the fact that personal data should in any event be collected before the ship’s departure, the 30 minutes delay currently provided for by Directive 98/41/EC should be considered as a maximum and used in exceptional cases only.

(7) Taking into account the availability of electronic means of data recording and the fact that personal data should in any event be collected before the ship’s departure, the 30 minutes delay currently provided for by Directive 98/41/EC should be shortened to 10 minutes, considered as a maximum and used in exceptional cases only.

Amendment 8



(7a) 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.

Amendment 9



(8a) This Directive should not apply to pleasure yachts or pleasure craft, including when they are bareboat chartered and not subsequently engaged in trade for the purposes of carrying passengers.

Amendment 10


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(10) In as much as measures entail the processing of personal data, those shall be carried out in accordance with Union law on the protection of personal data20. In particular, personal data collected for the purposes of Directive 98/41/EC should not be processed and used for any other purpose and should not be retained longer than necessary for the purposes of Directive 98/41/EC as specified therein.

(10) The measures provided for in Directive 98/41/EC and Directive 2010/65/EC entail the processing of personal data. Such processing is governed by Union law on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council20a, and Regulation (EC) No 45/2001 of the European Parliament and of the Council20b. In particular, personal data collected for the purposes of Directive 98/41/EC 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 for the specific purposes of Directive 98/41/EC as specified therein. 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.

__________________ __________________20 In particular Regulation (EU) No XXX/2016 of XXX (number and date to be added after formal adoption) of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (reference to OJ to be added after formal adoption) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

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20a Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).20b Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Amendment 11



(12a) Data relating to the notification of exemptions and requests for derogation by the Member States, as well as data collected by the various data collection services, should be harmonised and coordinated as necessary in order to ensure that the use of such data is as effective as possible.

Amendment 12



(14) In order to take account of developments at international level and to increase transparency, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of excluding amendments to the international

(14) In order to take account of developments and technological innovation at international level and to increase transparency, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of excluding

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instruments from the scope of this Directive if necessary and establishing conditions of access for the database kept by the Commission to host notifications by Member States of exemptions and requests for derogation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

amendments to the international instruments from the scope of this Directive if necessary and establishing conditions of access for the database kept by the Commission to host notifications by Member States of exemptions and requests for derogation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 13



(15) In view of the full monitoring cycle of European Maritime Safety Agency visits, the Commission should evaluate the implementation of Directive 98/41/EC no later than [seven years after the date referred to in the second subparagraph of Article 3(1)] and report to the European Parliament and the Council thereon. Member States should cooperate with the Commission to gather all information necessary for this evaluation.

(15) In view of the full monitoring cycle of European Maritime Safety Agency visits, the Commission should evaluate the implementation of Directive 98/41/EC no later than [two years after the date referred to in the second subparagraph of Article 3(1)] and report to the European Parliament and the Council thereon. Member States should cooperate with the Commission to gather all information necessary for this evaluation.

Amendment 14

Proposal for a directiveArticle 1 – paragraph 1 – point 1 – point cDirective 98/41/ECArticle 2 – indent 9

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– ‘protected sea area’ shall mean a sea area in which ships of Class D may operate, listed pursuant to Article 4(2) of Directive 2009/45/EC,

(Does not affect the English version.)

Justification

(Does not affect the English version.)

Amendment 15

Proposal for a directiveArticle 1 – paragraph 1 – point 3Directive 98/41/ECArticle 4 – paragraph 2


Before the passenger ship departs the number of persons on board shall be communicated to the master of the passenger ship and recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU of the European Parliament and of the Council* or made available to the designated authority by means of Automatic Identification System.

Before the passenger ship departs the number of persons on board shall be communicated to the master of the passenger ship and recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU of the European Parliament and of the Council or otherwise made available to the designated authority by means of the Automatic Identification System.

Until [insert date two years after the entry into force of this Amending Directive], in cases where a journey is 20 nautical miles or less, the number of persons on board may, by way of derogation from the first subparagraph, be made available to the designated authority by means of another electronic system, provided that that system is approved by the Member State and was already in place before [insert date of entry into force of this Directive].

Justification

It must be made clear who exactly has to submit data via the single window or via the AIS. The new option of a Member State approved electronic system (already in place) has been included for operators of short routes that cannot use either of the other two options as doing so would cause organisational problems for them, particularly with regard to the safety and

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rescue of persons. This amendment intents to clarify the initial idea of the draft report amendment 10.

Amendment 16

Proposal for a directiveArticle 1 – paragraph 1 – point 4Directive 98/41/ECArticle 5 – paragraph 1 – indent 5


- their year of birth, - their date of birth,

Justification

Year of birth is not a sufficent data to properly identify people on a large passenger ship. Additionally, the exact date of birth is important from a medical point of view in case of small children. Moreover, it is advisable to standardize this data with the data that is already provided in other forms (In the FAL forms it is asked to provide the exact date of birth).

Amendment 17

Proposal for a directiveArticle 1 – paragraph 1 – point 4 Directive 98/41/ECArticle 5 – paragraph 1 – indent 5 a (new)


- a contact number in case of an emergency, when the passenger so requests;

Amendment 18



– when volunteered by a passenger, information concerning the need for special care or assistance in emergency situations.

– information concerning special care or assistance that might be needed in an emergency.

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Amendment 19

Proposal for a directiveArticle 1 – paragraph 1 – point 4Directive 98/41/EC Article 5 – paragraph 2


2. That information shall be collected before departure and recorded 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 thirty minutes after its departure.

2. That information shall be collected before departure and recorded 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 10 minutes after its departure.

Amendment 20



3. Personal data collected for the purposes of this Directive should not be processed and used for any other purpose.

3. Personal data collected for the purposes of this Directive shall not be processed or used for any other purpose than passenger safety, shall always be handled in accordance with Union law on data protection and privacy and shall be destroyed automatically and without undue delay once it is no longer needed.

Amendment 21



Each company assuming responsibility for operating a passenger ship shall, where required under Articles 4 and 5 of this Directive, appoint a passenger registrar responsible for recording the information

Each company assuming responsibility for operating a passenger ship shall, where required to record information under Articles 4 and 5 of this Directive, appoint a passenger registrar responsible for

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referred to in those provisions in the single window established pursuant to Article 5 of Directive 2010/65/EU or making it available by means of Automatic Identification System.

recording that information in accordance with those Articles.

Justification

It must be made clear who exactly has to submit data via the single window or via the AIS. The new option of a Member State approved electronic system (already in place) has been included for operators of short routes that cannot use either of the other two options as doing so would cause organisational problems for them, particularly with regard to the safety and rescue of persons. This amendment intents to clarify the initial idea of the draft report amendment 15.

Amendment 22



Personal data collected in accordance with Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other reporting obligations, once the information is no longer needed for this purpose, it shall be destroyed.

Personal data collected in accordance with Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive, namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for this purpose, it shall be destroyed automatically and without undue delay.

Amendment 23

Proposal for a directiveArticle 1 – paragraph 1 – point 6Directive 98/41/ECArticle 8 – paragraph 3 a (new)


Taking into account the state of the art and the cost of implementation, each

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company shall implement appropriate technical and organisational measures in order to protect personal data processed pursuant to Article 5 against accidental or unlawful destruction or accidental loss, alteration, and unauthorised disclosure or access.

Justification

AM number 8 of the LIBE Opinion adopted pursuant 53(4). Data security is an essential element of Union law on data protection. The COM proposal recognises it by acknowledging that it does not include any guarantee regarding the accessibility of personal data. The proposed wording is taken from current Directive 95/46/EC and its replacement act, Regulation 2016/679. Article 11 of Directive 98/41, replaced here by a new Article 11, contained this obligation, which is deleted in the proposal. It should be reintroduced.

Amendment 24

Proposal for a directiveArticle 1 – paragraph 1 – point 7 – point a – indent 1 a (new)Directive 98/41/ECArticle 9 – paragraph 2 – point b a (new)


- the following point (ba) is inserted:

“(ba) 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 from the obligation laid down in Article 4(2).”

Justification

This derogation should be maintained in order to ensure that the revision of the directive does not lead to unnecessary burdens for operators running regular services of less than one hour in protected sea areas, as laid down in Directive 98/41/EC.

Amendment 25

Proposal for a directiveArticle 1 – paragraph 1 – point 8Directive 98/41/ECArticle 10 – paragraph 3 – introductory part

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Personal data collected in accordance with Article 5 shall not be kept by Member States longer than necessary for the purposes of this Directive, that is:

Personal data collected in accordance with Article 5 shall be kept by Member States:

Amendment 26



Without prejudice to other reporting obligations, once the information is no longer needed for these purposes, it shall be destroyed.

Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for that purpose, it shall be destroyed automatically and without undue delay.

Amendment 27

Proposal for a directiveArticle 1 – paragraph 1 – point 9 a (new)Directive 98/41/ECArticle 11 a (new)


(9a) The following Article is inserted:

‘Article 11a

1. The processing of personal data pursuant to this Directive shall be carried out in accordance with Regulation (EU) 2016/679.

2. The processing of personal data by Union institutions and bodies pursuant to this Directive, such as in the Single Window and the SafeSeaNet, shall be carried out in accordance with Regulation (EC) No 45/2001.’

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Justification

AM number 10 of the LIBE Opinion adopted pursuant 53(4). Legal consistency with Directive 2010/65 which also contains a similar provision. It would also go together with Recital 10. In fact the Single Window and the SafeSeaNet are managed by the European Maritime Agency.

Amendment 28

Proposal for a directiveArticle 1 – paragraph 1 – point 11Directive 98/41/ECArticle 12 a – paragraph 2


2. The power to adopt delegated acts referred to in Articles 9 and 12 shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force].

2. The power to adopt delegated acts referred to in Articles 9 and 12 shall be conferred on the Commission for a period of five years, which may be extended, from [the date of entry into force].

Amendment 29



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 [seven years after the date referred to in the second subparagraph of Article 3(1)].

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 after the date referred to in the second subparagraph of Article 3(1)].

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EXPLANATORY STATEMENT

Background

The proposal to amend Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships is part of a wider review of EU legislation on passenger ship safety that is taking place under the Commission’s regulatory fitness and performance programme (REFIT).

In the report drawn up in the light of the fitness check, the Commission concluded that the EU’s legal framework was generally fit for purpose and had improved safety, but that there was room for improvement with regard to simplifying and clarifying the legislation. The aim of this exercise is therefore to update, clarify and simplify the existing requirements for the counting and registration of passengers and crew on board passenger ships, while enhancing safety levels. Efforts have been made to do away with any overlapping reporting obligations and/or disproportionate requirements.

In the work it has done on three EU maritime safety packages, the European Parliament has been instrumental in making numerous improvements to safety at sea in the EU. Parliament also expressly asked for a legislative proposal to be brought forward in order to update the legislation on passenger ship safety.

The Commission proposal 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 (i.e. the ‘National Single Window’ (NSW) established under Directive 2010/65/EU) in order to facilitate emergency search and rescue operations. The current system, under which information on the persons on board is kept on file by the companies concerned, is to be replaced by a system in which information is recorded electronically and immediately sent to the NSW. The proposal also provides flexibility for operators of shorter routes. An alternative suggested for vessels that do not have an on-board computer system or internet connection is for the number of persons on board to be notified by means of the vessel’s automatic identification system (AIS).

The proposal brings in a new category of information: the nationality of the persons on board (on the basis of self-declaration). All the information that is gathered must be kept until the voyage concerned has been safely completed. If there is an accident, it must be kept until legal proceedings are complete. The proposal also clarifies the scope of the Directive, explaining how to interpret the threshold of 20 nautical miles, and how to define ‘sea area D’ in estuaries and ports.

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Although no impact assessment has been included alongside the proposal, it is accompanied by a Commission Staff Working Document and an implementation plan, which provide detailed justifications for the proposed changes, assess the impact of some of those changes and summarise the exchanges of ideas that took place when the Member States and stakeholders were consulted. A timetable is also included for any implementation challenges and support actions.

The rapporteur’s position

The rapporteur welcomes the Commission’s desire to update, clarify and simplify the directive’s existing requirements, and likewise calls for coordination and harmonisation with a view to ensuring that the directive is as effective as possible.

The purpose of this review is to enhance and strengthen the European single market in the maritime sector.

Technological innovation is occurring much more rapidly than we thought, and therefore the rapporteur is keen for efforts to be made to ensure that innovation is neutral.

The rapporteur supports the digital notification that the Commission suggests should be made via the National Single Window where the journey concerned exceeds 20 miles. She also takes the view that progress made in developing ‘windows’ at national level are an ideal basis for moving towards a European Single Window in the future. But while these developments are taking place, however, a certain amount of flexibility needs to be provided for operators of shorter routes, and the rapporteur therefore suggests offering a third option via an electronic system approved by the Member State. This would make it possible to prevent any distortion of their business whilst also ensuring safety with regard to any rescue needs, which are often local in scope.

Another issue that the rapporteur would like to raise is the need for more thoroughgoing passenger data protection, with data automatically being destroyed as soon as it is no longer needed for the purposes stated in the directive: namely, passenger safety and the facilitation of search and rescue operations.

The rapporteur also proposes that it should be mandatory to provide information on special care or assistance that passengers may need in an emergency, to ensure that all the information is there if a rescue operation needs to be mounted. That information, along with the full date of birth, the nationality (as proposed by the Commission) and other details required is to be collected before departure and recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU upon departure of the passenger ship, but never later than 10 minutes after departure. The rapporteur thinks that the period concerned should be shorter than the 30 minutes proposed by the Commission.

As regards the Commission’s power to adopt delegated acts, the rapporteur agrees that it should be used, but takes the view that the period concerned should be five years with an option to extend, rather than the open-ended period suggested by the Commission in its proposal.

In a similar vein, the rapporteur reduces to three months the time the Commission will have

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first to ascertain that a decision on an exemption from obligations submitted by a Member State is not justified or might have adverse effects on competition, and second – by means of an implementing act – to require the Member State to amend or withdraw its decision.

Lastly, the rapporteur establishes that the Commission should evaluate the implementation of the directive and submit the results of the evaluation to the European Parliament and the Council no later than two years after the date referred to in the second subparagraph of Article 3(1). In doing so, she has shortened the time period proposed by the Commission, which was seven years.

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28.2.2017

OPINION OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS

for the Committee on Transport and Tourism

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(COM(2016)0370 – C8-0209/2016 – 2016/0171(COD))

Rapporteur: Helga Stevens

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

Amendment 1



(6) To reduce the anxiety of relatives in case of an accident and unnecessary delays in the consular assistance and other services, the communicated data should include information on nationality of persons on board. The list of required data

(6) To provide relatives with timely and reliable information in the case of an accident and to reduce unnecessary delays in the consular assistance and other services, the communicated data should include information on nationality of

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entries for voyages beyond 20 nautical miles should be simplified, clarified and aligned as far as possible with reporting requirements into the National Single Window.

persons on board. The list of required data entries for voyages beyond 20 nautical miles should be simplified, clarified and aligned as far as possible with reporting requirements into the National Single Window.

Amendment 2



(10) In as much as measures entail the processing of personal data, those shall be carried out in accordance with Union law on the protection of personal data20. In particular, personal data collected for the purposes of Directive 98/41/EC should not be processed and used for any other purpose and should not be retained longer than necessary for the purposes of Directive 98/41/EC as specified therein.

(10) The measures provided for in Directive 98/41/EC and Directive 2010/65/EC entail the processing of personal data. This processing is governed by Union law on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council20a, and Regulation (EC) No 45/2001 of the European Parliament and of the Council20b, which applies to the processing of personal data recorded in the Single Window and SafeSeaNet. In particular, personal data collected for the purposes of Directive 98/41/EC to facilitate search and rescue operations and the efficient handling of the aftermath of an accident should not be further processed and used for any other purpose and should not be retained longer than necessary for the specific purposes of Directive 98/41/EC as specified therein. Personal data should therefore be immediately destroyed after the ship's voyage has been safely completed or when an investigation or judicial proceedings in the aftermath of an accident or emergency have been concluded.

_______________ __________________20 In particular Regulation (EU) No XXX/2016 of XXX (number and date to be added after formal adoption) of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data

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and on the free movement of such data (General Data Protection Regulation) (reference to OJ to be added after formal adoption) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

20a Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).20b Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Amendment 3



- their year of birth, - date of birth,

Amendment 4

Proposal for a directiveArticle 1 – paragraph 1 – point 4Directive 98/41/ECArticle 5 – paragraph 1 – indent 5a (new)

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- the 'habitual place of residence',

Amendment 5



3. Personal data collected for the purposes of this Directive should not be processed and used for any other purpose.;

3. Personal data collected for the purposes of this Directive shall not be processed and used for any other purpose.

Amendment 6



3 a. Member States shall ensure that, at the time when the information is collected pursuant to this Article, every person on board a passenger ship is provided, by the company assuming responsibility for operating that passenger ship, and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, with the information set out in Regulation (EU) 2016/679.

Amendment 7



Personal data collected in accordance with Personal data collected in accordance with

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Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other reporting obligations, once the information is no longer needed for this purpose, it shall be destroyed.

Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for this purpose, it shall be immediately destroyed.

Justification

The wording added in the proposal “without prejudice to other reporting obligations” does not provide legal certainty as it does not precise what other reporting obligations are, under which legal basis, for what purposess. Suggestion of modification made by the EDPS in his opinion to ensure legal certainty.

Amendment 8



Taking into account the state of the art and the cost of implementation, each company shall implement appropriate technical and organisational measures to protect personal data processed pursuant to Article 5 against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of, or access to personal data stored, transmitted or otherwise processed.

Justification

Data security is an essential element of Union law on data protection. The COM proposal recognises it by acknowledging that it does not include any guarantee regarding the accessibility of personal data. The proposed wording is taken from current Directive 95/46/EC and its replacement act, Regulation 2016/679. Article 11 of Directive 98/41, replaced here by a new Article 11, contained this obligation, which is deleted in the proposal. It should be reintroduced.

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Amendment 9



Without prejudice to other reporting obligations, once the information is no longer needed for these purposes, it shall be destroyed.;

Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for that purpose, it shall be immediately destroyed.

Justification

Alignment with AM 3 to ensure legal consistency

Amendment 10

Proposal for a directiveArticle 1 – paragraph 1 – point 9 a (new)Directive 98/41/ECArticle 11 a (new)


(9 a) the following Article is inserted:

"Article 11a

1. The processing of personal data pursuant to this Directive shall be carried out in accordance with Regulation (EU) 2016/679.

2. The processing of personal data by Union institutions and bodies pursuant to this Directive, such as in the Single Window and the SafeSeaNet, shall be carried out in accordance with Regulation (EC) No 45/2001.

Justification

Legal consistency with Directive 2010/65 which also contains a similar provision. It would also go together with Recital 10.In fact the Single Window and the SafeSeaNet are managed by the European Maritime Agency.

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Amendment 11



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 [seven years after the date referred to in the second subparagraph of Article 3(1)].

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 [three years after the date referred to in the second subparagraph of Article 3(1)].

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PROCEDURE – COMMITTEE ASKED FOR OPINION

Title 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

References COM(2016)0370 – C8-0209/2016 – 2016/0171(COD)

Committee responsible Date announced in plenary

TRAN9.6.2016

Opinion by Date announced in plenary

LIBE9.6.2016

Rapporteur Date appointed

Helga Stevens14.11.2016

Discussed in committee 31.1.2017 27.2.2017

Date adopted 27.2.2017

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PROCEDURE – COMMITTEE RESPONSIBLE

Title 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

References COM(2016)0370 – C8-0209/2016 – 2016/0171(COD)

Date submitted to Parliament 6.6.2016

Committee responsible Date announced in plenary

TRAN9.6.2016

Committees asked for opinions Date announced in plenary

LIBE9.6.2016

Rapporteurs Date appointed

Izaskun Bilbao Barandica1.8.2016

Discussed in committee 27.2.2017 10.4.2017

Date adopted 11.4.2017

Result of final vote +:–:0:

4410

Members present for the final vote Daniela Aiuto, Lucy Anderson, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Luis de Grandes Pascual, Andor Deli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Dieter-Lebrecht Koch, Merja Kyllönen, Miltiadis Kyrkos, Bogusław Liberadzki, Peter Lundgren, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Jens Nilsson, Markus Pieper, Salvatore Domenico Pogliese, Tomasz Piotr Poręba, Gabriele Preuß, Dominique Riquet, Massimiliano Salini, David-Maria Sassoli, Claudia Schmidt, Claudia Țapardel, Keith Taylor, Pavel Telička, István Ujhelyi, Peter van Dalen, Wim van de Camp, Janusz Zemke, Roberts Zīle, Kosma Złotowski, Elżbieta Katarzyna Łukacijewska

Substitutes present for the final vote Jakop Dalunde, Maria Grapini, Kateřina Konečná, Matthijs van Miltenburg, Henna Virkkunen

Substitutes under Rule 200(2) present for the final vote

John Stuart Agnew, Jiří Maštálka

Date tabled 21.4.2017

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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

44 +ALDE Izaskun Bilbao Barandica, Dominique Riquet, Pavel Telička, Matthijs van Miltenburg

ECR Jacqueline Foster, Tomasz Piotr Poręba, Roberts Zīle, Kosma Złotowski, Peter van Dalen

EFDD Daniela Aiuto, Peter Lundgren

GUE/NGL Kateřina Konečná, Merja Kyllönen, Jiří Maštálka

PPE Georges Bach, Deirdre Clune, Andor Deli, Dieter-Lebrecht Koch, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Markus Pieper, Salvatore Domenico Pogliese, Massimiliano Salini, Claudia Schmidt, Henna Virkkunen, Luis de Grandes Pascual, Wim van de Camp, Elżbieta Katarzyna Łukacijewska

S&D Lucy Anderson, Inés Ayala Sender, Isabella De Monte, Ismail Ertug, Maria Grapini, Miltiadis Kyrkos, Bogusław Liberadzki, Jens Nilsson, Gabriele Preuß, David-Maria Sassoli, István Ujhelyi, Janusz Zemke, Claudia Țapardel

Verts/ALE Michael Cramer, Jakop Dalunde, Keith Taylor

1 -EFDD John Stuart Agnew

0 0

Key to symbols:+ : in favour- : against0 : abstention

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