THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Directive 1999/5/EC of the
European Parliament and of the Council of 9 March 1999 on radio equipment and
telecommunications terminal equipment and the mutual recognition of their
conformity(1), and in particular Article 3(3)(e), thereof,
Whereas:
(1) A
number of Member States have implemented or intend to implement common safety
principles and rules for automatic identification system (AIS) equipment on
non-SOLAS vessels not falling under the carriage requirements of Chapter V of
the International Convention for the Safety of Life at Sea, 1974 (SOLAS).
(2) The harmonisation of radio
services contributes to a safer navigation of non-SOLAS vessels, particularly in
case of distress and bad weather conditions and such vessels are therefore
invited by Member States to participate in the AIS.
(3) The AIS is described in the
International Maritime Organisation (IMO) Regulation 19 to Chapter V of SOLAS -
Carriage requirements for shipborne navigational systems and equipment, - which
sets out navigational equipment to be carried on board ships, according to ship
type.
(4) The International
Telecommunication Union (ITU) Radio Regulations has designated certain
frequencies 161.975 (AIS1) and 162.025 (AIS2) MHz for use by the AIS. Other
frequencies allocated for maritime communications may be available to the AIS.
All radio equipment operating on those frequencies should be compatible with the
designated use of these frequencies and it should provide a reasonable guarantee
of assurance that it will function correctly in times of operation.
(5) The measures set out in this
Decision are in accordance with the opinion of the Telecommunications Conformity
Assessment and Market Surveillance Committee,
HAS ADOPTED THIS DECISION:
Article 1
Radio equipment which operates in the maritime mobile
service as defined in Article 1.28 of the International Telecommunications Union
(ITU) Radio Regulations, or in the maritime mobile satellite service as defined
in Article 1.29 of the ITU Radio Regulations shall comply with the essential
requirements set out in Article 3(3)(e) of Directive 1999/5/EC.
To that end such equipment shall be designed in such a way
as to ensure that it operates correctly in its intended maritime environment
when used on non-SOLAS vessels and it shall meet all the appropriate operational
requirements of the Automatic Identification System (AIS).
Article 2
The requirements of Article 1 of this Decision shall apply
as from 28 March 2003.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 25 March 2003.
For
the Commission
Erkki Liikanen
Member of the Commission
(1) OJ L 91, 7.4.1999, p. 10.
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