ANNEX II

Requirements applicable to on-board equipment
I.

FISHING VESSELS
Fishing vessels with a length of more than 15 metres overall shall be fitted with an automatic identification system (AIS) as provided for in Article 6a according to the following timetable:
- fishing vessels of overall length 24 metres and upwards but less than 45 metres: not later than
31 May 2012
,
- fishing vessels of overall length 18 metres and upwards but less than 24 metres: not later than
31 May 2013
,
- fishing vessels of overall length exceeding 15 metres but less than 18 metres: not later than
31 May 2014
,
- new-built fishing vessels of overall length exceeding 15 metres are subject to the carrying requirement laid down in Article 6a as from
30 November 2010
.
II.

SHIPS ENGAGED ON INTERNATIONAL VOYAGES
Passenger ships, irrespective of size, and all ships, other than passenger ships, of 300 gross tonnage and upwards engaged on international voyages, which call at a port of a Member State shall be fitted with an automatic identification system (AIS) in accordance with the technical and performance standards laid down in Chapter V of SOLAS. Passenger ships, irrespective of size, and all ships other than passenger ships, of
3 000
gross tonnage and upwards engaged on international voyages, which call at a port of a Member State shall be fitted with a voyage data recorder (VDR) in accordance with the technical and performance standards laid down in Chapter V of SOLAS. In case of cargo ships constructed before
1 July 2002
the VDR may be a simplified voyage data recorder (S-VDR), which shall comply with the technical and performance standards developed in accordance with Chapter V of SOLAS.
III.

SHIPS ENGAGED ON NON-INTERNATIONAL VOYAGES
1.

Automatic identification systems (AIS)
Passenger ships, irrespective of size, and all other ships of 300 gross tonnage and upwards engaged on a non-international voyage shall be fitted with an automatic identification system (AIS) which complies with the technical and performance standards laid down in Chapter V of SOLAS.
2.

Voyage data recorder (VDR) systems
(a)
Passenger ships, irrespective of size, and ships other than passenger ships, of
3 000
gross tonnage and upwards and constructed on or after
1 July 2002
engaged on a non-international voyage shall be fitted with a voyage data recorder (VDR) which complies with the technical and performance standards developed in accordance with Chapter V of SOLAS.
(b)
Cargo ships of
3 000
gross tonnage and upwards constructed before
1 July 2002
engaged on a non-international voyage shall be fitted with a voyage data recorder (VDR) or with a simplified voyage data recorder (S-VDR) which complies with the technical and performance standards developed in accordance with Chapter V of SOLAS.
IV.

EXEMPTIONS
1.

Exemptions from the requirement to carry AIS on board
(a)
Member States may exempt passenger ships below 15 metres in length or 300 gross tonnage engaged on non-international voyages from the application of the requirements concerning AIS laid down in this Annex.
(b)
Member States may exempt ships, other than passenger ships, of 300 gross tonnage and upwards but less than 500 gross tonnage sailing exclusively within the internal waters of a Member State and outside routes normally used by other ships fitted with AIS, from the carriage requirements for AIS laid down in this Annex.
2.

Exemptions from the requirement to carry a VDR or S-VDR on board
Member States may grant exemptions from the requirement to be fitted with a VDR or an S-VDR as follows:
1. Passenger ships only on voyages in sea areas other than those covered by Class A, as referred to in Article 4 of Directive 2009/45/EC of the European Parliament and of the Council
, may be exempted from the requirement to be fitted with a VDR.
2. Ships, other than ro-ro passenger ships, constructed before
1 July 2002
may be exempted from the requirement to be fitted with a VDR where it can be demonstrated that interfacing a VDR with the existing equipment on the ship is unreasonable and impracticable.
3. Cargo ships constructed before
1 July 2002
, engaged on international or non-international voyages, may be exempted from the requirement to be fitted with an S-VDR if such ships are to be taken permanently out of service within two years of the implementation date specified in Chapter V of SOLAS.
OJ L 163, 25.6.2009, p. 1 .
Substituted by Commission Directive 2011/15/EU of 23 February 2011 amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system (Text with EEA relevance).