Commission Directive 1999/19/EC of 18 March 1999 amending Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (Text with EEA relevance)
Date: 1999-03-18
Institutions: European Commission
Subjects: approximation of laws, fishing vessel, maritime safety, radio equipment, technical standard

L 83/48

EN

Official Journal of the European Communities

27. 3. 1999

COMMISSION DIRECTIVE 1999/19/EC

of 18 March 1999

amending Council Directive 97/70/EC setting up a harmonised safety regime for
fishing vessels of 24 metres in length and over

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Directive 97/70/EC of 11
December 1997 setting up a harmonised safety regime for
fishing vessels of 24 metres in length and over (1), and in
particular Article 8 thereof,

(1) Whereas the Commission has examined the provi-
sions on Chapter IX in Annex II to the Directive with
regard to their application to new fishing vessels with
a length between 24 and 45 metres, thereby taking
due account to the limited size of the vessels and the
number of persons on board;

(2) Whereas that examination has demonstrated that with
regard to radio communications an equivalent level of
safety can be guaranteed for such vessels, when oper-
ating exclusively in sea area A1, by requiring the
carriage of an additional VHF radio using Digital
Selective Calling (DSC) in lieu of an Emergency Posi-
tion Indicating Radio Beacon (EPIRB);

(3) Whereas, in the light of that examination, Annex II to

the Directive should be amended;

(4) Whereas the amendment is in compliance with the
guidelines for the participation of non-SOLAS ships
in the Global Maritime Distress and Safety System
(GMDSS) as established by the Maritime Safety
the International Maritime Organ-
Committee of
isation by its Circular 803 of 9 June 1997;

(5) Whereas the measures provided for in this Directive
are in accordance with the opinion of the Committee
established by Article 12 of Council Directive 93/
75/EEC (2), as last amended by Commission Directive
98/74/EC (3),

The following is added to Annex II to Directive 97/
70/EC, under the heading ‘CHAPTER IX: RADIOCOM-
MUNICATIONS':

‘Regulation 7: Radio equipment — sea area A1

Insert a new paragraph (4) to read as follows:

“Notwithstanding the provisions of Regulation
4(a), the Administration may exempt new fishing
vessels of 24 metres in length and over but less
than 45 metres and engaged exclusively on
voyages within sea area A1 from the requirements
of Regulations 6(1)(f) and 7(3) provided that they
are equipped with a VHF radio installation as
prescribed by Regulation 6(1)(a) and, in addition,
with a VHF radio installation using DSC for the
transmission of ship-to-shore distress alerts as
prescribed by Regulation 7(1)(a).”'

Article 2

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive by 31 May 2000 at the latest. They
shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied
by such a reference on the occasion of their official publi-
cation. Member States shall determine how such reference
is to be made.

2. Member States shall communicate to the Commis-
sion the provisions of national law which they adopt in
the field covered by this Directive.

Article 3

(1) OJ L 34, 9. 2. 1998, p. 1.
(2) OJ L 247, 5. 10. 1993, p. 19.
(3) OJ L 276, 13. 10. 1998, p. 7.

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of
the European Communities.

27. 3. 1999

EN

Official Journal of the European Communities

L 83/49

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 18 March 1999.

For the Commission

Neil KINNOCK

Member of the Commission