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, 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 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 safety situations 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.
(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 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.
(7)
This 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.
(8)
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: