1 Nothing in this regulation or the provisions
of performance standards and functional requirementsfootnote adopted by the Organization in relation
to the long-range identification and tracking of ships shall prejudice
the rights, jurisdiction or obligations of States under international
law, in particular, the legal regimes of the high seas, the exclusive
economic zone, the contiguous zone, the territorial seas or the straits
used for international navigation and archipelagic sea lanes.
2.1 Subject to the provisions of paragraphs 4.1
and 4.2, this regulation shall apply to the following types of shipsfootnote engaged on international voyages:
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.1 passenger ships, including high-speed passenger
craft;
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.2 cargo ships, including high-speed craft, of
300 gross tonnagefootnote and upwards;
and
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.3 mobile offshore drilling units.
2.2 The term "ship", when used in paragraphs 3
to 11.2, includes the passenger and cargo ships, the high-speed craft
and the mobile offshore drilling units which are subject to the provisions
of this regulation.
3 This regulation establishes provisions to enable
Contracting Governments to undertake the long-range identification
and tracking of ships.
4.1 Shipsfootnote shall
be fitted with a system to automatically transmit the information
specified in paragraph 5 as follows:
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.1 ships constructed on or after 31 December 2008;
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.2 ships constructed before 31 December 2008 and
certified for operations:
not later than the first surveyfootnote of the radio installation after 31 December
2008;
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.3 ships constructed before 31 December 2008 and
certified for operations in sea areas Al, A2, A3 and A4, as defined
in regulations IV/2.1.12, IV/2.1.13, IV/2.1.14
and IV/2.1.15, not later than the first surveyfootnote of the radio installation after 1 July
2009. However, these ships shall comply with the provisions of subparagraph
.2 above whilst they operate within sea areas A1, A2 and A3.
4.2 Ships, irrespective of the date of construction,
fitted with an automatic identification system (AIS), as defined in regulation 19.2.4, and operated exclusively
within sea area A1, as defined in regulation
IV/2.1.12, shall not be required to comply with the provisions
of this regulation.
5 Subject to the provisions of paragraph 4.1,
ships shall automatically transmit the following long-range identification
and tracking information:
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.1 the identity of the ship;
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.2 the position of the ship (latitude and longitude);
and
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.3 the date and time of the position provided.
6 Systems and equipment used to meet the requirements
of this regulation shall conform to performance standards and functional
requirementsfootnote
footnote not inferior to those adopted by the Organization.
Any shipboard equipment shall be of a type approvedfootnote by the Administration.
7 Systems and equipment used to meet the requirements
of this regulation shall be capable of being switched off on board
or be capable of ceasing the distribution of long-range identification
and tracking information:
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.1 where international agreements, rules or standards
provide for the protection of navigational information; or
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.2 in exceptional circumstances and for the shortest
duration possible where the operation is considered by the master
to compromise the safety or security of the ship. In such a case,
the master shall inform the Administration without undue delay and
make an entry in the record of navigational activities and incidents
maintained in accordance with regulation
28 setting out the reasons for the decision and indicating
the period during which the system or equipment was switched off.
8.1 Subject to the provisions of paragraphs 8.2
to 11.2, Contracting Governments shall be able to receive long-range
identification and tracking information about ships, for security
and other purposesfootnote as agreed by
the Organization, as follows:
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.1 the Administration shall be entitled to receive
such information about ships entitled to fly its flag irrespective
of where such ships may be located;
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.2 a Contracting Government shall be entitled
to receive such information about ships which have indicated their
intention to enter a port facility, as defined in regulation XI-2/1.1.9, or a place under
the jurisdiction of that Contracting Government, irrespective of where
such ships may be located provided they are not located within the
waters landward of the baselines, established in accordance with international
law, of another Contracting Government; and
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.3 a Contracting Government shall be entitled
to receive such information about ships entitled to fly the flag of
other Contracting Governments, not intending to enter a port facility
or a place under the jurisdiction of that Contracting Government,
navigating within a distance not exceeding 1,000 nautical miles of
its coast provided such ships are not located within the waters landward
of the baselines, established in accordance with international law,
of another Contracting Government; and
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.4 a Contracting Government shall not be entitled
to receive, pursuant to subparagraph .3, such information about a
ship located within the territorial sea of the Contracting Government
whose flag the ship is entitled to fly.
8.2 Contracting Governments shall specify and
communicatefootnote to the Organization
relevant details, taking into account the performance standards and
functional requirements adopted by the Organizationfootnote, to enable long-range identification
and tracking information to be made available pursuant to the provisions
of paragraph 8.1. The Contracting Government concerned may, at any
time thereafter, amend or withdraw such communication. The Organization
shall inform all Contracting Governments upon receipt of such communication
together with the particulars thereof.
9.1 Notwithstanding the provisions of paragraph
8.1.3, the Administration shall be entitled, in order to meet security
or other concerns, at any time, to decide that long-range identification
and tracking information about ships entitled to fly its flag shall
not be provided pursuant to the provisions of paragraph 8.1.3 to Contracting
Governments. The Administration concerned may, at any time thereafter,
amend, suspend or annul such decisions.
9.2 The Administration concerned shall communicate,
pursuant to paragraph 9.1, such decisions to the Organization. The
Organization shall inform all Contracting Governments upon receipt
of such communication together with the particulars thereof.
9.3 The rights, duties and obligations, under
international law, of the ships whose Administration invoked the provisions
of paragraph 9.1 shall not be prejudiced as a result of such decisions.
10 Contracting Governments shall, at all times:
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.1 recognize the importance of long-range identification
and tracking information;
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.2 recognize and respect the commercial confidentiality
and sensitivity of any long-range identification and tracking information
they may receive;
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.3 protect the information they may receive from
unauthorized access or disclosure; and
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.4 use the information they may receive in a manner
consistent with international law.
11.1 Contracting Governments shall bear all costs
associated with any long-range identification and tracking information
they request and receive. Notwithstanding the provisions of paragraph
11.2, Contracting Governments shall not impose any charges on ships
in relation to the long-range identification and tracking information
they may seek to receive.
11.2 Unless the national legislation of the Administration
provides otherwise, ships entitled to fly its flag shall not incur
any charges for transmitting long-range identification and tracking
information in compliance with the provisions of this regulation.
12 Notwithstanding the provisions of paragraph
8.1, the search and rescue servicesfootnote of
Contracting Governments shall be entitled to receive, free of any
charges, long-range identification and tracking information in relation
to the search and rescue of persons in distress at sea.
13 Contracting Governments may report to the Organization
any case where they consider that provisions of this regulation or
of any other related requirements established by the Organization
have not been or are not being observed or adhered to.
14 The Maritime Safety Committee shall determine
the criteria, procedures and arrangements for the establishment, review
and auditfootnote of the provision of
long-range identification and tracking information to Contracting
Governments pursuant to the provisions of this regulation.