2005/53/EC: Commission Decision of 25 January 2005 on the application of Article 3(3)(e) of Directive 1999/5/EC of the European Parliament and of the Council to radio equipment intended to participate in the Automatic Identification System (AIS) (notified under document number C(2005) 110)Text with EEA relevance
Date: 2005-01-25
Institutions: European Commission
Subjects: intelligent transport system, maritime safety, maritime transport, safety device, satellite navigation, technical standard, telecommunications equipment

L 22/14

EN

Official Journal of the European Union

26.1.2005

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 25 January 2005

on the application of Article 3(3)(e) of Directive 1999/5/EC of the European Parliament and of the
Council to radio equipment intended to participate in the Automatic Identification System (AIS)

(notified under document number C(2005) 110)

(Text with EEA relevance)

(2005/53/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 1999/5/EC of
Parliament 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,

Whereas:

(1)

(2)

(3)

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).

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.

The AIS is described in the International Maritime Orga-
nisation (IMO) Regulation 19 to Chapter V of SOLAS —
Carriage requirements for shipborne navigational systems
and equipment.

(5)

(6)

(7)

(8)

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
these frequencies and it
with the designated use of
should provide a reasonable guarantee of assurance that
it will function correctly in times of operation.

1999/5/EC

to marine

The scope of Commission Decision 2003/213/EC of
25 March 2003 on application of Article 3(3)(e) of
Directive
communication
equipment intended to be used on non-SOLAS vessels
and which is intended to participate in the Automatic
Identification System (AIS) (2)
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
same
requirements should apply to all AIS stations.

Therefore

correctly.

the

In the interests of legal clarity and transparency Decision
2003/213/EC should therefore be replaced.

This decision should only apply after a period of time
their
sufficient
production of equipment in accordance with the new
essential requirement.

allow manufacturers

align

to

to

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. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 81, 28.3.2003, p. 46.

26.1.2005

EN

Official Journal of the European Union

L 22/15

HAS ADOPTED THIS DECISION:

Article 2

Article 1

Radio equipment which operates in the maritime mobile service
as defined in Article 1.28 of the International Telecommuni-
cations Union (ITU) Radio Regulations, or in the maritime
mobile satellite service as defined in Article 1.29 of the ITU
Radio Regulations shall comply with the essential requirements
set out in Article 3(3)(e) of Directive 1999/5/EC.

To that end such equipment shall be designed in such a way as
to ensure that it operates correctly in its intended environment
when used on non-SOLAS vessels and land-stations and it shall
the
meet all
Automatic Identification System (AIS).

the appropriate operational

requirements of

Decision 2003/213/EC is repealed with effect from the date
referred to in Article 3.

Article 3

This Decision shall apply as from 26 July 2005

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 25 January 2005.

For the Commission

Günter VERHEUGEN
Vice-President