The UK MCA issued guidance on the changes to The Merchant Shipping Regulations 2021, with respect to the procedures for collecting and reporting details of persons onboard passenger ships.
The two main changes that will become mandatory from 20 December 2023 are that:
- For passenger ships to which the 2021 Regulations apply, passenger numbers shall be reported electronically, either in the National Single Window (NSW), or via the ship’s Automatic Identification System (AIS); and
- For voyages of over 20 nautical miles, seagoing passenger ships will be required to report additional passenger details in the NSW.
Ship owners will also need to ensure that personal data which is collected and reported in accordance with the 2021 Regulations complies with the Data Protection Act 2018.
Reporting of information about persons onboard
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The owner of any passenger ship shall ensure that, when it leaves any landing point in the UK, there is a system capable of counting all persons on board. For passenger ships on voyages of up to 20 nautical miles, only the number of persons on board is to be recorded and communicated to the master of the ship and the passenger registrar. After 20 December 2023, the passenger numbers will also have to be reported in the NSW or via the AIS.
For sea going passenger ships on voyages of more than 20 nautical miles, the following details of each person on board shall be recorded and reported in the NSW:
- family name/s
- forenames;
- gender;
- nationality;
- dates of birth;
- when volunteered by a passenger, information concerning special care or assistance that might be needed in an emergency; and,
- when volunteered by the passenger, a contact number in case of an emergency.
For circular voyages the 20 nautical miles refers to the maximum distance from the point of departure rather than logged voyage length back to the point of departure.
Prior to 20 December 2023, ship operators may continue to allow the above information to be communicated to the company’s passenger registrar or to the shore-based company system that performs the same function. However, from 20 December 2023, ship owners will be required to report the passenger information above in the NSW.
Currently, the UK’s designated method for reporting information to the European Union’s “SafeSeaNet” is via CERS. CERS is an information management system which has been developed by the MCA to provide reporting formalities to relevant Member State authorities. CERS provides information reporting at the national level for notification of: vessel arrivals, border checks, dangerous and polluting goods (hazmat), waste and residues, security information, customs information, and health information.
Personal data which is collected in accordance with regulation 6(2) of the 1999 Regulations (as amended by the 2021 Regulations) shall be kept by the owner of a passenger ship:
- for no longer than is necessary for the purpose of the Regulations; and
- in any event, no later than the moment the ship’s voyage has been safely completed and the data has been reported in the National Single Window or, as the case may be, to the passenger registrar after which it shall be automatically erased without undue delay.
For passenger ships to which the regulations apply but are exempt from the requirements to report passenger details to the NSW or via AIS (such as ships operating exclusively on Category A, B, C or D waters), passenger numbers can continue to be reported to the master of the ship and passenger registrar.
The counting system established by operators to comply with these requirements must be capable of capturing the relevant information about persons onboard in a timely manner so as to satisfy the requirements set out above and the further points listed below.
- the company shall appoint a “Passenger Registrar” responsible for the upkeep and transmission of this information in accordance with the requirements of the Regulations;
- the system shall be applied to all persons boarding, and disembarking from, a passenger ship, in connection with a voyage. The details of each person must be recorded, regardless of whether they have been issued with a ticket or are a member of the crew.
- the system must be able to take account of any changes to personnel embarking or disembarking during a voyage, including those who remain on board from a previous voyage.
- the system shall account for all persons on board the vessel at all times. Each person onboard the vessel must have their relevant details recorded irrespective of whether they are a fee-paying passenger or not.
- the information is to be updated at each landing/stopping point where persons may embark or disembark the vessel.
- the system shall ensure that information concerning persons who have declared a need for special assistance or care in emergency situations is properly recorded and handed to the Master prior to departure; and
- The system must be approved by the Maritime and Coastguard Agency (MCA), as per paragraphs 27-28 of this MSN.
Find the methods of counting and further details herebelow:
