2000/638/EC: Commission Decision of 22 September 2000 on the application of Article 3(3)(e) of Directive 1999/5/EC to marine radio 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 (notified under document number C(2000) 2719) (Text with EEA relevance)
Date: 2000-09-22
Institutions: European Commission
Subjects: international convention, maritime safety, maritime transport, safety device, satellite communications, telecommunications equipment

L 269/52

EN

Official Journal of the European Communities

21.10.2000

COMMISSION DECISION

of 22 September 2000

on the application of Article 3(3)(e) of Directive 1999/5/EC to marine radio communication
equipment intended to be fitted to seagoing non-SOLAS vessels and which is intended to partici-
pate in the global maritime distress and safety system (GMDSS) and not covered by Council
Directive 96/98/EC on marine equipment

(notified under document number C(2000) 2719)

(Text with EEA relevance)

(2000/638/EC)

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 Parlia-
ment 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), thereof,

Having regard to Council Directive 96/98/EC on marine equip-
ment (2), as amended by Commission Directive 98/85/EC (3),

(5)

(6)

(7)

The ITU Radio Regulations specify certain frequencies
that are designated for use by the global maritime
distress and safety system.

All radio equipment operating on these frequencies
which is intended for use in times of distress should be
compatible with the designated use of these frequencies
and it should provide a reasonable guarantee of assur-
ance that it will function correctly in times of distress.

The measures set out in this Decision are in accordance
with the opinion of
the Telecommunications Con-
formity Assessment and Market Surveillance Committee,

Whereas:

HAS ADOPTED THIS DECISION:

(1)

(2)

(3)

A number of Member States have implemented or
intend to implement common safety principles and rules
for radio equipment on seagoing non-SOLAS vessels.

Article 1

The harmonisation of radio services shall contribute to a
safer navigation of seagoing non-SOLAS vessels, particu-
larly in case of distress and bad weather conditions.

MSC Circular 803 on the participation of non-SOLAS
ships in the global maritime distress and safety system
the Inter-
(GMDSS) and Resolution MSC.77(69) of
invite govern-
national Maritime Organisation (IMO)
ments to apply the guidelines for the participation of
non-SOLAS ships in the GMDSS and urges governments
to require certain features be implemented in relation to
the global distress and safety system on radio equipment
fitted to seagoing non-SOLAS vessels.

This Decision applies to radio equipment operating in:

(i) the maritime mobile service as defined in Article S1.28 of

the ITU Radio Regulations, or

(ii) the maritime mobile satellite service as defined in Article

S1.29 of the ITU Radio Regulations,

which is intended to be fitted to seagoing vessels that are not
covered by Chapter IV of the International Convention for the
Safety of Life at Sea (SOLAS), 1974, as amended in 1988
(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.

(4)

Equipment
falling within the scope of Directive 96/
98/EC on marine equipment, as amended by Commis-
sion Directive 98/85/EC is not covered by this Decision
as it is outside the scope of Directive 1999/5/EC.

(1) OJ L 91, 7.4.1999, p. 10.
(2) OJ L 46, 17.2.1997, p. 25.
(3) OJ L 315, 25.11.1998, p. 14.

Article 2

Radio equipment falling within the scope of Article 1 shall be
designated 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.

21.10.2000

EN

Official Journal of the European Communities

L 269/53

The requirements of Article 2 of this Decision shall apply from the day of its publication in the Official
Journal of the European Communities.

Article 3

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 22 September 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission