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
, and in particular Article 3(3)(e), thereof,
number of Member States have implemented or intend to
implement common safety principles and rules for automatic
identification system (AIS) equipment not falling under the
carriage requirements of chapter V of the International
Convention for the Safety of Life at Sea, 1974 (SOLAS).
harmonisation of radio services contributes to a safer
navigation of non-SOLAS vessels, particularly in case of
distress and safety situations and such vessels are
therefore invited by Member States to participate in the
(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.
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.
scope of Commission Decision 2003/213/EC of 25 March 2003 on
application of Article 3(3)(e) of Directive 1999/5/EC to
marine communication equipment intended to be used on
non-SOLAS vessels and which is intended to participate in
the Automatic Identification System (AIS)  is limited to
equipment which is intended to be used on non-SOLAS vessels.
It is considered that a high level of safety can only be
achieved if all equipment used on non-SOLAS vessels and
corresponding land-stations participating in the AIS system
functions correctly. Therefore the same requirements should
apply to all AIS stations.
(6) In the
interests of legal clarity and transparency Decision
2003/213/EC should therefore be replaced.
decision should only apply after a period of time sufficient
to allow manufacturers to align their production of
equipment in accordance with the new essential requirement.
measures set out in this Decision are in accordance with the
opinion of the Telecommunications Conformity Assessment and
Market Surveillance Committee,
HAS ADOPTED THIS
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.
that end such equipment shall be designed in such a way as
to ensure that it operates correctly in its intended
environment when used on non-SOLAS vessels and land-stations
and it shall meet all the appropriate operational
requirements of the Automatic Identification System (AIS).
Decision 2003/213/EC is repealed with
effect from the date referred to in Article 3.
This Decision shall apply as from 26
This Decision is addressed to the
Done at Brussels, 25
For the Commission
 OJ L 91,
7.4.1999, p. 10. Directive as amended by Regulation
(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). 
OJ L 81, 28.3.2003, p. 46.