Guidance

Scope and applicability of the regulation (guidance note 8)

Updated 26 January 2021

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This publication is available at https://www.gov.uk/government/publications/draft-guidance-notes-relating-to-regulation-eu-no-1177-2010/scope-and-applicability-of-the-regulation-guidance-note-8

Introduction

This guidance aims to provide clarity on the scope and applicability of the maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018).

It also focuses on whether the regulation applies to the UK Crown Dependencies and UK Overseas Territories – a list of these is provided at Annex A.

Scope of the regulation

Article 2 of the regulation defines the scope and covers both passenger services (ferries) and cruise services. In summary, the regulation does not apply in respect of passengers travelling:

  • on ships certified to carry up to (and including) 12 passengers
  • on ships which have a crew responsible for the operation of the ship composed of not more than 3 persons (usually reflected in the vessel’s safe manning certificate) or where the distance of the overall passenger service is less than 500m, one way
  • on excursion and sightseeing tours other than cruises
  • on ships not propelled by mechanical means as well as original, and individual replicas of, historical passenger ships designed before 1965, built predominately with the original materials, certified to carry up to 36 passengers

More details of the above are covered in guidance note 0.

When travelling on passenger services (ferries) or cruises that are not exempt from the regulation, an indication is provided on whether the regulation applies as follows.

UK and EU member states

Passenger services (eg ferries)

When travelling on a passenger service (eg ferry) Does the UK regulation apply?
From the UK to an EU member state Yes
From the UK to a non-EU member state Yes
Within one single EU member state No
From a non- UK country to the UK Yes
From a non-UK country to another non-UK country No

Cruise ships

When travelling on a cruise ship Does the EU regulation apply?
From the UK to an EU member state Yes
From the UK to a non-EU member state Yes
From a non-UK country to the UK No[footnote 1]
From a non-UK country to another non-UK country No[footnote 1]

UK Crown Dependencies and UK Overseas Territories

Passenger services (eg ferries)

When travelling on a passenger service (eg ferry) Does the regulation apply?
From a UK Crown Dependency to another UK Crown Dependency No
From a UK Crown Dependency to the UK mainland Yes
From the UK mainland to a UK Crown Dependency Yes
Within one single UK Crown Dependency No
From a UK Crown Dependency to a UK Overseas Territory No
From a UK Overseas Territory to another UK Overseas Territory No
From a UK Overseas Territory to the UK mainland Yes
From the UK mainland to a UK Overseas Territory Yes
Within one single UK Overseas Territory No
From a UK Overseas Territory to a UK Crown Dependency No

Cruise ships

When travelling on a cruise ship Does the EU regulation apply?
From a UK Crown Dependency to another UK Crown Dependency No
From a UK Crown Dependency to the UK mainland No
From the UK mainland to a UK Crown Dependency Yes[footnote 2]
Within one single UK Crown Dependency No
From a UK Crown Dependency to a UK Overseas Territory No
From a UK Overseas Territory to another UK Overseas Territory No
From a UK Overseas Territory to the UK mainland No
From the UK mainland to a UK Overseas Territory Yes[footnote 2]
Within one single UK Overseas Territory No
From a UK Overseas Territory to a UK Crown Dependency No

Annex A

Full list of UK Crown Dependencies and UK Overseas Territories

Crown Dependencies

  • Isle of Man
  • Bailiwick of Jersey
  • Bailiwick of Guernsey (includes Guernsey and its dependencies)

Overseas Territories

  • Anguilla
  • Bermuda
  • British Antarctic Territory
  • British Indian Ocean Territory
  • British Virgin Islands
  • Cayman Islands
  • Falkland Islands
  • Gibraltar
  • Montserrat
  • Pitcairn, Henderson, Ducie and Oeno Islands
  • Saint Helena, Ascension and Tristan da Cunha (including Gough Island Dependency)
  • South Georgia and South Sandwich Islands
  • Sovereign Base Areas, Akrotiri and Dhekelia (on Cyprus)
  • The Turks & Caicos Islands

Source: Foreign and Commonwealth Office (March 2013)

  1. When a passenger is travelling on a cruise ship from outside the UK to a country that is not the UK, in most circumstances the passenger would not be covered by the regulation. However, if the initial point of embarkation for the cruise was within the UK, and the journey from outside the UK to the UK represents the return journey, then the passenger would be covered by the EU regulation. ↩ ↩2

  2. When a passenger is travelling on a cruise ship from the UK mainland to a UK Crown Dependency or a UK Overseas Territory, the passenger is only covered by the regulation when the initial point of embarkation for the cruise is within the UK. ↩ ↩2

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