2004/71/EC: Commission Decision of 4 September 2003 on essential requirements relating to marine radio communication equipment which is intended to be used on non-SOLAS vessels and to participate in the Global Maritime Distress and Safety System (GMDSS) (Text with EEA relevance) (notified under document number C(2003) 2912)
Date: 2003-09-04
Institutions: European Commission
Subjects: intelligent transport system, maritime safety, maritime transport, safety device, satellite navigation, technical standard, telecommunications equipment

L 16/54

EN

Official Journal of the European Union

23.1.2004

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 4 September 2003

on essential requirements relating to marine radio communication equipment which is intended to
be used on non-SOLAS vessels and to participate in the Global Maritime Distress and Safety
System (GMDSS)

(notified under document number C(2003) 2912)

(Text with EEA relevance)

(2004/71/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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),

Whereas:

(1)

(2)

(3)

A number of Member States have implemented or
intend to implement common safety principles and rules
for radio equipment on non-SOLAS (Safety of Life At
Sea) vessels.

The harmonisation of radio services should contribute to
a safer navigation of non-SOLAS vessels, particular in
case of distress and bad weather conditions.

Maritime Safety Committee (MSC) Circular 803 on the
participation of non-SOLAS ships in the Global Maritime
Distress and Safety System (GMDSS) and Resolution
MSC.77(69) of the International Maritime Organisation
(IMO) invite Governments to apply the Guidelines for
the participation of non-SOLAS ships in the GMDSS and
urges Governments to require certain features to be
implemented in relation to the GMDSS on radio equip-
ment to be used on all vessels.

International Telecommunications Union (ITU)
The
Radio Regulations specify certain frequencies that are
designated for use by the GMDSS. All radio equipment
operating on those frequencies which is intended for use
in times of distress should be compatible with the desig-
nated use of those frequencies and it should provide a
reasonable guarantee of assurance that it will function
correctly in times of distress.

(5)

The scope of Commission Decision 2000/638/EC of 22
September 2000 on the application of Article 3(3)(e) of
Directive 1999/5/EC to marine communication equip-
ment
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 equip-
ment (2) is limited to equipment which is intended to be
fitted to sea-going vessels. The scope of that Decision
should be broadened to cover GMDSS equipment for
use on all non-SOLAS vessels. It is considered that the
high level of safety given by this Decision is relevant for
all vessels and therefore the scope of the Decision should
be amended so that the same requirements apply to
cover the use of GMDSS equipment on vessels outside
the scope of SOLAS and the Marine equipment Directive
whether or not they are seagoing. Decision 2000/638/
EC should therefore be replaced.

(6)

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

(1) OJ L 91, 7.4.1999, p. 10.

(2) OJ L 269, 21.10.2000, p. 52.

23.1.2004

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Official Journal of the European Union

L 16/55

HAS ADOPTED THIS DECISION:

Article 3

Article 1

Decision 2000/638/EC is repealed.

This Decision shall apply to radio equipment intended for use
on 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 operating in

(a) the maritime mobile service as defined in Article 1.28 of

the ITU Radio Regulations, or

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

1.29 of the ITU Radio Regulations.

Article 2

Radio equipment falling within the scope of this Decision as
specified in Article 1, shall be designed 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 communica-
tions link.

Article 4

This Decision shall apply as from 4 September 2004.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 4 September 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission