THE COMMISSION OF THE EUROPEAN
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),
number of Member States have implemented or intend to
implement common safety principles and rules for radio
equipment on non-SOLAS (Safety of Life At Sea) vessels.
harmonisation of radio services should contribute to a safer
navigation of non-SOLAS vessels, particular in case of
distress and bad weather conditions.
Maritime Safety Committee (MSC) Circular 803 on the
participation of non-SOLAS ships in the Global Maritime
Distress and Safety System (GMDSS) and Resolution MSC.77(69)
of the International Maritime Organisation (IMO) invite
Governments to apply the Guidelines for the participation of
non-SOLAS ships in the GMDSS and urges Governments to
require certain features to be implemented in relation to
the GMDSS on radio equipment to be used on all vessels.
International Telecommunications Union (ITU) Radio
Regulations specify certain frequencies that are designated
for use by the GMDSS. All radio equipment operating on those
frequencies which is intended for use in times of distress
should be compatible with the designated use of those
frequencies and it should provide a reasonable guarantee of
assurance that it will function correctly in times of
scope of Commission Decision 2000/638/EC of 22 September
2000 on the application of Article 3(3)(e) of Directive
1999/5/EC to marine communication equipment intended to be
fitted to seagoing non-SOLAS vessels and which is intended
to participate in the global maritime distress and safety
system (GMDSS) and not covered by Council Directive 96/98/EC
on marine equipment(2) is limited to equipment which is
intended to be fitted to sea-going vessels. The scope of
that Decision should be broadened to cover GMDSS equipment
for use on all non-SOLAS vessels. It is considered that the
high level of safety given by this Decision is relevant for
all vessels and therefore the scope of the Decision should
be amended so that the same requirements apply to cover the
use of GMDSS equipment on vessels outside the scope of SOLAS
and the Marine equipment Directive whether or not they are
seagoing. Decision 2000/638/EC should therefore be replaced.
measures set out in this Decision are in accordance with the
opinion of the Telecommunications Conformity Assessment and
Market Surveillance Committee,
HAS ADOPTED THIS
This Decision shall apply to radio
equipment intended for use on non-SOLAS vessels and intended
to participate in the Global Maritime Distress and Safety
System (GMDSS) as laid down in Chapter IV of the SOLAS
Convention operating in
maritime mobile service as defined in Article 1.28 of the
ITU Radio Regulations, or
maritime mobile satellite service as defined in Article 1.29
of the ITU Radio Regulations.
Radio equipment falling within the
scope of this Decision as specified in Article 1, shall be
designed so as to ensure correct functioning under exposure
to a marine environment, meet all the operational
requirements of the GMDSS under distress conditions and
provide clear and robust communications with a high degree
of fidelity of the analogue or digital communications link.
Decision 2000/638/EC is repealed.
This Decision shall apply as from 4
This Decision is addressed to the
Done at Brussels, 4
For the Commission
Member of the
(1) OJ L 91, 7.4.1999, p. 10.
(2) OJ L 269, 21.10.2000, p.