Decree-Law no. 73/2007, of 27 March

Ministério das Obras Públicas, Transportes e Comunicações (Ministry of Public Works, Transport and Communications)

Decree-Law

(This is not an official translation of the law)

The Ship Radio Service Regulation (RSRE - Regulamento do Serviço Radioeléctrico das Embarcações), approved by Decree-Law no. 190/98, of 10 July, lays down the licensing conditions of national ship radio stations and preconditions that equipment integrating such stations are required to meet.

The subsequent publication of two Community directives applicable to this equipment, transposed to the national legal system, respectively by Decree-Law no. 167/99, of 18 May, and by Decree-Law no. 192/2000, of 18 August, radically changed the conditions under which equipment covered by the Regulation may be placed and used on board national ships.

As such, the RSRE must be adjusted to the new conditions for assessing equipment imposed by those directives and, at the same time, to draw on the greater technical reliability guaranteed by current equipment assessment methods, so as to introduce significant simplifications both at administrative level, as far as its control is concerned, and at the level of the applicable licensing scheme and surveys.

With the amendments introduced by this Decree-Law, surveys that support the safety certification undertake the checking of safety aspects of radio equipment, thus the station license no longer assumes the nature of a safety certificate.

For reasons relating to the importance and extent of amendments introduced, the full text of the RSRE is republished in the annex hereto, and the opportunity is taken to replace the designation of Direcção-Geral de Portos, Navegação e Transportes Marítimos (DGPNTM – the General Directorate of Ports, Shipping and Maritime Transport), already dissolved, for Instituto Portuário e dos Transportes Marítimos (IPTM – the Institute for Ports and Maritime Transport), which was established in the meantime.

Therefore,

Under paragraph 1a) of article 198 of the Constitution, the Government hereby decrees as follows:

Article 1
Amendment to the Ship Radio Service Regulation

Articles 1, 2, 5, 6, 13, 14, 15, 16, 18, 31, 38, 39, 40, 43, 44, 47, 49 and 50 to 56 of the Ship Radio Service Regulation, in annex to Decree-Law no. 190/98, of 10 July, are hereby amended to read as follows:

«Article 1
[…]

This Regulation sets out to establish the rules governing procedures for the installation, licensing and use of ship radio equipment.

Article 2
[…]

For the purposes of this Regulation, the following definitions shall apply:

a) …

b) …

c) …

d) …

e) …

f) …

g) …

h) …

i) …

j) …

k) …

l) …

m) …

n) …

o) …

p) «Ship radio equipment» means the set of radio equipment, excluding merely receiver equipment, that constitutes the ship radio station and the ship navigation equipment;

q) «Navigation equipment» means the electronic equipment used on board as an aid to navigation and which contributes to manoeuvre the ship;

r) …

s) …

t) …

u) «Maritime mobile service identity», MMSI for short, a numerical identity made up of a series of nine digits, according to rules set out in the Radio Regulations, which is included in the radio transmission to clearly identify ship stations;

v) «Public correspondence», any radio communication which stations are required to accept for transmission purposes, due to the fact that it is publicly available.

Article 5
[…]

1 - …

2 - …

3 – Equipment operating in services other than the maritime mobile service and the maritime mobile-satellite service may also be installed on board ships, for specific purposes, particularly scientific experiments or the deployment of new communications or radio-determination functionalities.

4 - Instituto Portuário e dos Transportes Marítimos (IPTM – the Institute for Ports and Maritime Transport) shall issue an information letter on the conditions of on-board use and licensing of equipment referred to in the preceding paragraph, after the competent bodies have delivered their opinions.

Article 6
[…]

1 - …

2 – The installation of the radio equipment provided for in the preceding paragraph shall be regulated via an information letter issued by IPTM.

Article 13
Authorisation procedure

1 – Ship radio equipment may be installed or used on board, subject to regimes governing the placing on the market, putting into service, conformity assessment and marking, in compliance with the following legislation:

a) Decree-Law no. 167/99, of 18 May, which lays down the rules applicable to marine equipment to be manufactured or marketed in the national territory or to be installed on national ships subject to safety certification, by virtue of the Convention; or

b) Decree-Law no. 192/2000, of 18 August, which approves the regime governing the free circulation, placing on the market, and putting into service in the national territory of radio equipment and telecommunications terminal equipment, as well as the regime of their conformity assessment and marking, in the case of ship radio equipment not covered by the Convention.

2 – Equipment installed under this Regulation may continue to be used on board ships of the same shipowner, provided that the installation of such equipment has taken place before the following dates:

a) 1 January 2001, in the case of ship radio equipment to which the regime referred to in point a) of the preceding paragraph applies; or

b) 7 April 2001, in the case of ship radio equipment to which the regime referred to in point b) of the preceding paragraph applies.

Article 14
Approval of fitting-out facilities

1 - It shall be incumbent on IPTM, during the phase of construction or modification of ships, to approve the following elements, which shall be submitted by shipowners or shipyards:

a) Antennae fitting-out;

b) Assembly fitting-out in vertical and horizontal projection, covering radio units, power supplies, batteries, boards and compasses;

c) General plan of the electrical power installation for equipment to be assembled and of the battery charging system of the back-up power supply.

2 - The elements referred to in the preceding paragraph may be presented as a descriptive document, in the case of ships the length between perpendiculars of which is under 24 m.

3 - (Repealed).

4 - (Repealed).

5 - (Repealed).

Article 15
Registration of radiobeacons

1 - The on-board use of satellite emergency position-indicating radiobeacons is subject to prior registration with IPTM.

2 - To carry out the registration, the shipowner or the seller of the equipment must submit to IPTM a radiobeacon registration sheet, the model of which shall be drawn up and disclosed by IPTM.

3 - Amendments to elements included in the radiobeacon registration sheet also require registration with IPTM.

4 - The discharge of the radiobeacon registration must be notified to IPTM together with the information of what is done with the equipment.

Article 16
Radio equipment installed by the former shipowner

1 - Shipowners who acquire ships with radio equipment already installed or modified, outside the schemes laid down in article 13, are required to regularise the situation as regards this equipment within 30 days from the date of the registration of the ship in his own name.

2 - For the purposes of the previous section, the following situations shall be taken into account:

a) In the case of change of shipowner of national ships, new shipowners shall be allowed to use equipment installed before dates referred to in paragraph 2 of article 13, insofar as this equipment has been approved and installed under this Regulation;

b) In the case of transfer of registration of foreign ships to national registration, new shipowners shall be allowed to use equipment installed before dates referred to in paragraph 2 of article 13, insofar as this equipment has been issued a certificate of approval under this Regulation, or has been licensed or authorized by any of the former flag administrations.

Article 18
[…]

1 - Radio equipment installed or changed outside regimes laid down in articles 13 and 16 shall be decommissioned and sealed by inspectors or delegates of IPTM.

2 - …

3 - …

Article 31
[…]

1 - It shall be incumbent upon IPTM to allocate a call sign and a MMSI to the ship station and to the ship earth station.

2 - The call sign and MMSI shall be displayed at the location of the ship station and ship earth station so as to be clearly visible from the work position of the radio equipment operator.

3 - …

4 - …

5 - …

Article 38
[…]

1 - The ship radio station shall be operated in accordance with:

a) …

b) Standards applicable to the use of radio spectrum of the maritime mobile service and the maritime mobile-satellite service;

c) Radio service instructions and recommendations intended to prevent the transmission of false distress alerts to be published by IPTM.

2 - Shipmasters or whoever performs on board the corresponding functions shall be responsible for compliance with standards, instructions and other legal provisions regarding the operation of the ship radio station.

3 - Shipmasters or whoever performs on board the corresponding functions shall take the measures necessary to ensure that the crew in charge of or appointed for distress communications are properly instructed with regard to the operation of all the ship equipment able to transmit distress alerts.

4 - Measures taken under the preceding paragraph shall be recorded in the radio service logbook.

Article 39
[…]

Service documents included in the list to be published by IPTM shall be available at the ship radio station, in addition to the ship station licence, the radio service logbook and the radio operator certificates.

Article 40
Ship station licence and duration

1 - The ship station licence shall be the document which shall qualify the ship radio station to use radio spectrum, in the frequency bands indicated therein, insofar as requirements laid down in this Regulation and in the Radio Regulations are fulfilled.

2 - The station license shall be issued by IPTM at the request of shipowners or their legal representatives, submitted through a form, the model of which shall be drawn up and disclosed by IPTM.

3 - The ship station licence corresponds to the model set out in the annex to this Regulation, which is deemed to be an integral part hereof.

4 - The ship station licence shall be valid for five years.

5 - The ship station licence shall be available at the ship radio station and integrate the set of on-board documents.

6 - The use of portable radio equipment, on board a set of ships where no other equipment is available, shall imply the allocation of a single call sign.

7 - The station license issued under the preceding paragraph shall indicate the name of all ships in which the equipment may be used.

Article 43
[…]

The ship station license shall expire where one of the following situations occurs:

a) Change in the licensee;

b) …

c) Change in some of the identification elements of the ship or station;

d) Change in the station’s equipment.

Article 44
[…]

1 - Surveys to ship radio equipment are intended to verify:

a) Correspondence between the equipment installed through means determined by this Regulation and additional legislation and the category of ship concerned;

b) Correspondence between the implementation or maintenance of the fitting-out and the respective terms of approval;

c) Conformity documents and marking of equipment;

d) Storage and functioning conditions in accordance with the Radio Regulations as far as emission classes, frequencies and respective tolerances are concerned;

e) Proper programming of identification elements allocated to the radio station, both in equipment that integrates it and in emergency position-indicating radio beacons, as well as in equipment of the automatic identification system;

f) On-board documentation provided for in this Regulation and the validity of radio operator certificates.

2 - Surveys referred to in the preceding paragraph shall integrate the set of surveys that contribute to the issue, renewal or maintenance of the safety certification.

3 - Inspections to ship radio equipment may be carried out on the initiative of IPTM.

4 - (Repealed).

Article 47
[…]

1 - Surveys of the ship radio equipment shall be carried out by:

a) IPTM inspectors; or

b) Specialists accredited according to training conditions and requirements included in a letter to be issued by IPTM; or

c) Specialists from pubic bodies operating in the scope of seaworthiness certification, by means of a protocol to be established with IPTM.

2 - Inspections to ship radio equipment provided for in paragraph 3 of article 44 shall be carried out by IPTM inspectors.

3 - Inspectors and specialists provided for in the preceding paragraphs shall present their identification, upon request, to the relevant authorities and to shipmasters or to whoever performs the corresponding functions.

Article 49
Power to investigate and to rule

1 - It shall be incumbent on IPTM and on the local shipping authority in whose jurisdiction area the infringement was detected, or the ship registration port authority, to undertake the procedural investigation of proceedings for infringements specified in this statutory instrument.

2 - It shall be incumbent on the Chairman of IPTM’s Board of Directors and to the master of the respective harbour to apply fines as well as interim measures and additional penalties applied in the scope of this statutory instrument.

3 - Proceeds from fines charged shall revert at:

a) 60% to the State;

b) 15% to the reporting body;

c) 25% to the body that investigated and ruled on the breach proceedings.

Article 50
[…]

Local shipping authorities shall monitor whether the ship station license and the radio operator certificate are available on board.

Article 51
[…]

The infringement of article 13, paragraph 1 of article 16, article 21, paragraphs 1 and 2 of article 22, paragraphs 1, 2 and 3 of article 24, paragraphs 1 and 3 of article 25, paragraphs 1, 2 and 3 of article 26, paragraphs 1 and 2 of article 27, paragraphs 1, 2 and 5 of article 28, articles 29 and 30, paragraphs 2, 3 and 4 of article 31, article 34, paragraph 2 of article 35, paragraph 1 of article 36, paragraph 4 of article 38, article 39 and paragraph 5 of article 40, by shipowners, shipmasters or captains and radio operators shall be deemed to be a breach, liable to a fine between (Euro) 25 and (Euro) 250.

Article 52
[…]

1 - The infringement of articles 4, 6, 17 and 23, of paragraph 2 of article 25, paragraphs 3 and 4 of article 28, paragraph 5 of article 31, paragraph 3 of article 33 and paragraph 1 of article 37 shall be deemed to be a serious breach, liable to a fine between (Euro) 50 and (Euro) 500, which shall apply to the shipowner.

2 - The infringement of paragraph 1 of article 7 shall be deemed to be a very serious breach, liable to a fine between (Euro) 125 and (Euro) 1250, which shall apply to the shipowner.

Article 53
[…]

The infringement of paragraph 3 of article 18, paragraph 2 of article 37, paragraph 2 of article 38 and paragraph 1 of article 46 shall be deemed to be a serious breach, liable to a fine between (Euro) 50 and (Euro) 500, which shall apply to shipmasters or captains.

Article 54
[…]

1 - The infringement of paragraph 2 of article 7, paragraph 4 of article 33, paragraph 1 of article 35 and points a) and b) of paragraph 1 of article 38 shall be deemed to be a serious breach, liable to a fine between (Euro) 50 and (Euro) 500, which shall apply to radio operators.

2 - The infringement of point c) of paragraph 1 of article 38 shall be deemed to be a very serious breach, liable to a fine between (Euro) 125 and (Euro) 1250, which shall apply to radio operators.

Article 55
[…]

1 - As an additional penalty, radio equipment the installation or placing on board of which has not been carried out in compliance with article 13, may be seized and declared forfeited to the State, under point a) of paragraph 1 of article 21 of Decree-Law no. 433/82, of 27 October.

2 - Where three or more serious or very serious breaches provided for in articles 52 and 53 are committed in the course of each five-year period starting from the date when the first breach was committed, IPTM and the master of the respective harbour shall be entitled to impose on radio operators, as an additional penalty, the suspension of the activity for a period between 30 days to 1 year, under point g) of paragraph 1 of article 21 of Decree-Law no. 433/82, of 27 October.

Article 56
[…]

1 - Harbour masters shall submit to IPTM a copy of final decisions delivered in breach proceedings for infringement of this Regulation.

2 - …»

Article 2
Addition of an annex to the Ship Radio Service Regulation

An annex is hereby added to the Ship Radio Service Regulation, approved by Decree-Law no. 190/98, of 10 July, which shall read as follows:

«Licença de estação de embarcação

Ship station licence

Licence de station de navire

Licencia de estacion de barco

(vide original document)

A presente licença habilita a estação de radiocomunicações de embarcação a utilizar o espectro radioeléctrico, nas faixas de frequências indicadas, nos termos previstos no Regulamento do Serviço Radioeléctrico das Embarcações e no Regulamento das Radiocomunicações.

The present licence allows the ship’s radiocommunication station to use, in accordance with the Radio National Rules and Radio Regulations, the radio spectrum within the band frequencies indicated below.»

Identificação da embarcação

Ship identification

(vide original document)

Titular da licença

Licensee details

(vide original document)

Identificação da estação

Licence identification

(vide original document)

Composição da estação

Station’s equipment

(vide original document)

Article 3
Validity of licenses already issued

The application of this Decree-Law shall be without prejudice to the validity of ship station licenses issued before its entry into force, the shipowner being entitled to apply for the extension of the period of validity for up to five years, provided that the respective fees are paid.

Article 4
Reference to the Direcção-Geral de Portos, Navegação e Transportes Marítimos

All references in the Ship Radio Service Regulation, in annex to Decree-Law no. 190/98, of 10 July, to the Direcção-Geral de Portos, Navegação e Transportes Marítimos (DGPNTM – the General Directorate of Ports, Shipping and Maritime Transport), shall be deemed to be made to Instituto Portuário e dos Transportes Marítimos (IPTM – the Institute for Ports and Maritime Transport).

Article 5
Repealing provision

Chapter II, paragraphs 3, 4, 5 of article 14, articles 41 and 42, paragraph 4 of article 44 and article 45 of the Ship Radio Service Regulation, in annex to Decree-Law no. 190/98, of 10 July, as well as the respective annexes I, II and III and point i) of paragraph 1 of article 121 of Decree-Law no. 265/72, of 31 July, are hereby repealed.

Article 6
Republication

The Ship Radio Service Regulation, approved by Decree-Law no. 190/98, of 10 July, as it stands, is hereby republished in annex, which is deemed to be an integral part hereof.

Article 7
Entry into force

This Decree-Law shall enter into force 30 days after its publication.

Checked and approved in the Council of Ministers of 18 January 2007 - José Sócrates Carvalho Pinto de Sousa - Fernando Teixeira dos Santos - Henrique Nuno Pires Severiano Teixeira - Alberto Bernardes Costa - Mário Lino Soares Correia.

Promulgated on 7 March 2007.

Let it be published.

The President of the Republic, ANÍBAL CAVACO SILVA.

Counter-signed on 13 March 2007.

The Prime Minister, José Sócrates Carvalho Pinto de Sousa.

ANNEX

Republication of the Ship Radio Service Regulation (RSRE - Regulamento do Serviço Radioeléctrico das Embarcações), in annex to Decree-Law no. 190/98, of 10 July

CHAPTER I
General

Article 1
Subject-matter

This Regulation sets out to establish the rules governing procedures for the installation, licensing and use of ship radio equipment.

Article 2
Definitions

For the purposes of this Regulation, the following definitions shall apply:

a) «Convention» means the International Convention for the Safety of Life at Sea (SOLAS) and Amendments, in force in the Portuguese legal system;

b) «Radio Regulations» means the Radio Regulations provided for in article 4 of the Constitution of the International Telecommunication Union;

c) «Station» means one or more transmitters or receivers, or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on a radio communication service;

d) «Mobile station» means a station in the mobile service intended to be used while in motion or during halts at unspecified points;

e) «Land station» means a station in the mobile service not intended to be used while in motion;

f) «Coast station» means a land station in the maritime mobile service;

g) «Coast earth station» means an earth station in the fixed-satellite service or, in some cases, in the maritime mobile-satellite service, located at a specified fixed point on land to provide a feeder link for the maritime mobile-satellite service;

h) «Ship station» means a mobile station in the maritime mobile service located on board a ship which is not permanently moored, other than a survival craft station;

i) «Ship earth station» means a mobile earth station in the maritime mobile-satellite service located on board a ship;

j) «On-board communication station» means a low-powered mobile station in the maritime mobile service intended for use for internal communications on board a ship, or between a ship and its lifeboats and life raft during lifeboat drills or operations, or for communication within a group of ships being towed or pushed, as well as for line handling and mooring instructions;

k) «Survival craft station» means a mobile station in the maritime mobile service or the aeronautical mobile service intended solely for survival purposes and located on any lifeboat, life-raft or other survival equipment;

l) «Ship radio station» means the station placed on board a ship, which might be a ship station, a ship earth station, an on-board communication station or even a combination of some of these stations;

m) «Mobile service» means a radiocommunication service between mobile and land stations, or between mobile stations;

n) «Maritime mobile service» means a mobile service between coast stations and ship stations, or between ship stations, or between associated on-board communication stations; survival craft stations and emergency position-indicating radiobeacon stations may also participate in this service;

o) «Maritime mobile-satellite service» means mobile-satellite service in which mobile earth stations are located on board ships; survival craft stations and emergency position-indicating radiobeacon stations may also participate in this service;

p) «Ship radio equipment» means the set of radio equipment, excluding merely receiver equipment, that constitutes the ship radio station and the ship navigation equipment;

q) «Navigation equipment» means the electronic equipment used on board as an aid to navigation and which contributes to manoeuvre the ship;

r) «Ship or vessel» means the aquatic device or apparatus used or liable to be used as a means of transport on water, including floating and submersible platforms;

s) «Shipowner» means the owner, charterer or person responsible for the technical, nautical and commercial management of a ship;

t) «Tonnage» means the gross tonnage of a ship, determined in accordance with the provisions of the International Convention on Tonnage Measurement of Ships, of 1969, for the ships subject to it, or according to the provision of the national laws in force;

u) «Maritime mobile service identity», MMSI for short, means a numerical identity made up of a series of nine digits, according to rules set out in the Radio Regulations, which is included in the radio transmission to clearly identify ship stations;

v) «Public correspondence», any radio communication which stations are required to accept for transmission purposes, due to the fact that it is publicly available.

Article 3
Scope of Application

This Decree-law shall apply:

a) To Portuguese ships, excluding ships under the responsibility of the Armed Forces or security forces;

b) To foreign ships as regards the use of radio equipment, in waters under national jurisdiction, in accordance with Radio Regulations.

Article 4
Mandatory radio equipment

1 - National ships shall dispose of on-board radio equipment as provided for in the Convention and in national regulations on ship safety.

2 - An Administrative Rule of the Ministry of Equipment, Planning and Land Administration shall establish the radio equipment required for national ships not covered by the Convention or by national regulations on ship safety, as well as the transitional regime to be applied to on-board radio equipment installed under previous legislation.

Article 5
Optional radio equipment

1 - In addition to mandatory radio equipment, ships may also be provided with radio equipment using frequency bands of the maritime mobile service and mobile-satellite service, as well as with navigation equipment operating in radio-determination, radio-navigation and radio-location bands.

2 - The use of portable equipment of non-maritime mobile services shall be permitted on board ships when authorised by the shipmaster or captain of the ship, provided that it does not interfere with the functioning of other radio equipment.

Article 6
Radio equipment for specific navigation areas

1 - Ships that operate in specific navigation areas may be required to install, temporarily or permanently, appropriate radio equipment for their safety and for navigating in those areas.

2 - The installation of the radio equipment provided for in the preceding paragraph shall be regulated via an information letter issued by IPTM.

Article 7
Operation of radio equipment

1 - Ship radio equipment shall only be operated by duly qualified persons and further to the issue of a ship station licence by IPTM.

2 - Communications established between ship radio stations and other stations shall observe provision laid down in regulations governing the use of radio spectrum by radio stations of the maritime mobile service and of the maritime mobile-satellite service.

CHAPTER II

(Repealed).

CHAPTER III
Installing or placing on board, changing and dismantling radio equipment

Article 13
Authorisation procedure

a) 1 January 2001, in the case of ship radio equipment to which the regime referred to in point a) of the preceding paragraph applies; or

b) 7 April 2001, in the case of ship radio equipment to which the regime referred to in point b) of the preceding paragraph applies.

Article 14
Approval of fitting-out facilities

1 - It shall be incumbent on IPTM, during the phase of construction or modification of ships, to approve the following elements, which shall be submitted by shipowners or shipyards:

a) Antennae fitting-out;

b) Assembly fitting-out in vertical and horizontal projection, covering radio units, power supplies, batteries, boards and compasses;

c) General plan of the electrical power installation for equipment to be assembled and of the battery charging system of the back-up power supply.

2 - The elements referred to in the preceding paragraph may be presented as a descriptive document, in the case of ships the length between perpendiculars of which is under 24 m.

3 - (Repealed).

4 - (Repealed).

5 - (Repealed).

Article 15
Registration of radiobeacons

1 - The on-board use of satellite emergency position-indicating radiobeacons is subject to prior registration with IPTM.

2 - To carry out the registration, the shipowner or the seller of the equipment must submit to IPTM a radiobeacon registration sheet, the model of which shall be drawn up and disclosed by IPTM.

3 - Amendments to elements included in the radiobeacon registration sheet also require registration with IPTM.

4 - The discharge of the radiobeacon registration must be notified to IPTM together with the information of what is done with the equipment.

Article 16
Radio equipment installed by the former shipowner

1 - Shipowners who acquire ships with radio equipment already installed or modified, outside the regimes laid down in article 13, are required to regularise the situation as regards this equipment within 30 days from the date of the registration of the ship in his own name.

2 - For the purposes of the previous section, the following situations shall be taken into account:

Article 17
Radio equipment operation

1 - The ship radio equipment shall be kept under conditions that allow its normal operation.

2 - Mandatory radio equipment that fails to comply with normal operating conditions shall be replaced, repaired or sealed before the ship starts its journey, in order not to affect the operation of other equipment and in order to ensure the safety of ships.

3 - The defective radio equipment shall be temporarily replaced with equivalent equipment, insofar as it is duly approved.

4 - The application for temporary replacement shall be presented to IPTM, with indication of the type of defect, the expected repair time and the signalling characteristics of the equipment to be installed.

Article 18
Radio equipment sealing

1 - Radio equipment installed or changed outside regimes laid down in articles 13 and 16 shall be decommissioned and sealed by inspectors or delegates of IPTM.

2 - Optional radio equipment installed on board may be sealed, at the request of shipowners.

3 - Seals placed on radio equipment may only be removed by inspectors and delegates of IPTM and by duly authorised shipmasters or captains.

Article 19
Obsolete radio equipment

Ship radio equipment that no longer complies with international standards or specifications established under national law shall be replaced, changed or dismantled, by determination of IPTM, within the established deadline.

CHAPTER IV
Ship radio station

Article 20
Mandatory stations on board

Ships shall be provided on board with stations imposed under the Convention and national regulations on ship safety.

Article 21
Location of ship station and ship earth station

The ship station and the ship earth station shall be installed:

a) In a location close to the ship’s steering position, so as to ensure maximum operability and safety;

b) In a well-ventilated location, protected from extreme temperatures, humidity and saltwater.

Article 22
Protection against interference

1 - At the location where the ship station and the ship earth station are installed, electric circuits, converters, generators, motors and other electrical apparatus available shall be provided with means that guarantee an effective protection against noise and any other harmful influence on other equipment or systems, so as to ensure electromagnetic compatibility.

2 - Wooden or fibreglass ships shall be provided with a bottom plate for earth connection purposes.

Article 23
Operator accommodation

In ships where accommodation is available, the operator appointed to operate the equipment in emergency situations shall be accommodated as closely as possible to the ship station and to the ship earth station.

Article 24
Ship station and ship earth station main power supply

1 - In ships where a main electric switchboard and an emergency electric switchboard are available, the ship station and the ship earth station shall be powered through a fixed and direct installation, with automatic changeover between both power supplies, and any junction intended to power other circuits shall be prohibited.

2 - The voltage of the on-board electric network that powers ship radio equipment shall be maintained within 10% of its nominal value.

3 - A fixed voltmeter that indicates at all time the voltage of the on-board network shall be available in ship stations and ship earth stations installed on ships over 100 tonnage or on fishing vessels the length between perpendiculars of which is 24 m or more.

4 - The fixed voltmeter available on stations may be an integral part of an equipment.

Article 25
Back-up power supply

1 - In case of a main power failure, the ship station and the ship earth station shall be powered by a back-up power supply that shall meet the requirements provided for in the Convention and in applicable national regulations on ship safety.

2 - Ships not covered by the Convention and by applicable national regulations on ship safety shall have available, as a minimum, a back-up power supply with capacity for six operating hours (six hours in reception mode, three hours in maximum power transmission mode, and three hours in stand-by mode), which shall consist of an accumulator battery protected against short-circuits and reverse currents, the charging system of which is powered by the on-board main electric switchboard.

3 - In moving vessels, the accumulator batteries shall be kept charged and shall be fully charged on a daily basis.

Article 26
Installation and identification of the back-up power supply

1 - Where allowed by the type of ship, accumulator batteries of the back-up power supply shall be installed in the upper part of the ship, as closely as possible to the ship station and the ship earth station, at a level not lower than the floor on which such stations are installed, and properly set in a case lined with an appropriate corrosion-free material at least up to the upper surface of battery elements.

2 - Cases of accumulator batteries shall be fitted with an opening in the upper part and an appropriate ventilation system.

3 - Where the ship is provided with a compartment exclusively reserved to batteries, it shall be well ventilated, the installation therein of other manoeuvring or sectioning electrical equipment not being allowed, either independently or in the electric switchboard, unless the equipment is explosion-proof shielded, prominently displayed, with the indication «TSF» or «Radio».

Article 27
Equipment lighting

1 - The ship station and the ship earth station shall be installed in a well-lighted location, with a fixed lighting system, enabling the normal operation of the respective equipment, and shall be powered by a back-up power supply, controlled by a red-marked switch or switching system.

2 - The ship station and the ship earth station location shall have an always-on means of portable lighting.

Article 28
Antennas

1 - Antennas of the ship station and ship earth station shall be installed so as not to adversely affect the ship’s loading and unloading operations and so as to guarantee the greatest efficiency of equipment connected therewith.

2 - Ships of 300 tonnage or more and with a main wire antenna installed between masts shall be provided with a break-resistant device.

3 - In ships intended to carry inflammable fuels or other dangerous loads, transmission antennas shall be placed so as to not overlay the respective tanks.

4 - In passageways, the shielding of transmission antennas and their respective down-conductors shall be sufficient in length so as to guarantee the safety of people on board.

5 - Ships of 300 tonnage or more, with medium frequency (MF) or high frequency (HF) stations, shall be provided with a user-friendly change-over device that enables:

a) The connection of the main transmitter or any other transmitter to any of the existing antennas;

b) The isolation of antenna down-conductors;

c) The connection of the antenna down-conductor to the ship’s ground.

Article 29
Clock

Ships that make international voyages and ships where the operation of the ship station or ship earth station is subject to silence periods shall be provided with a clock that can be easily read from the normal position of the station equipment operator, with a diameter of at least 12.5 cm, indicating the hours, minutes and seconds, according to the Universal Time Coordinated (UTC), the respective silence periods being red-marked.

Article 30
Protection against fires

A dry chemical powder or equivalent portable fire extinguisher shall be available at the location of the ship station or ship earth station, in normal operating conditions.

Article 31
Identification of the ship radio station

1 - It shall be incumbent upon IPTM to allocate a call sign and a MMSI to the ship station and to the ship earth station.

2 - The call sign and MMSI shall be displayed at the location of the ship station and ship earth station so as to be clearly visible from the work position of the radio equipment operator.

3 - The call sign displayed at the location of the ship station and ship earth station shall have letters and numbers no smaller in size than 2 cm in width and 3 cm in height.

4 - An easy-to-read board with the set of identification elements allocated by IPTM to the station shall be available at the location of the ship station and ship earth station, including the identification of the ship station and ship earth station, the selective calling numbers and the Accounting Authority Identification Code (AAIC).

5 - Where any of the identification elements of a station is altered, the shipowner shall be required to carry out the corresponding alterations to the ship radio equipment.

Article 32
Ship station signalling status

IPTM, via Instituto das Comunicações de Portugal (ICP - the Portuguese Institute for Communications), shall keep UIT informed of the signalling status of each ship radio station.

Article 33
Accounting authority

1 - The Ministry of Equipment, Planning and Land Administration shall issue an administrative rule governing the approval of conditions to be met by companies that intend to obtain the status of ship radio station accounting authority and the definition of the respective registration process with IPTM.

2 - IPTM shall allocate to registered bodies the respective identification codes.

3 - Shipowners whose ship radio stations are qualified to communicate with foreign coast stations or coast earth stations shall be required to conclude service contracts with bodies holding identification codes of ship station accounting authorities.

4 - Operators of ship stations shall only use the identification code of bodies with whom shipowners have concluded contracts under the preceding paragraph.

Article 34
Emergency instructions board

1 - A board that can be easily read by the radio operator shall be available at the location of the ship station and ship earth station, with brief instructions on procedures and equipment operation in emergency situations.

2 - A guide for communication in emergency situations, placed close to the ship steering location, shall be available on-board ships provided with equipment for the use of the Global Maritime Distress and Safety System (GMDSS).

Article 35
Testing of safety equipment

1 - Radio equipment intended to be used in emergency situations shall be tested by operators appointed to operate the emergency equipment, an artificial antenna and low power being used, where possible, at intervals that meet safety standards.

2 - Operations provided for in the preceding paragraph shall be recorded in the radio service logbook, where it is required by law.

Article 36
Radio service logbook

1 - Ships provided with a ship station and a ship earth station shall be provided with an on-board radio service logbook (radio service logbook).

2 - This article shall not apply to ships registered in the local area and to ships with less than 300 tonnage registered in the national coastal navigation area.

Article 37
Qualification of operators

1 - The ship station and the ship earth station shall only be operated by qualified persons, duly certified according to standards approved by administrative rule of the Ministry of Equipment, Planning and Land Administration.

2 - Where more than one radio operator exists on-board, one of them shall be appointed by the shipmaster or captain to operate the equipment in emergency situations, this appointment being recorded in the radio service logbook.

Article 38
Standards for operating the ship radio station

1 - The ship radio station shall be operated in accordance with:

a) Provisions in the Radio Regulations;

b) Standards applicable to the use of radio spectrum of the maritime mobile service and the maritime mobile-satellite service;

c) Radio service instructions and recommendations intended to prevent the transmission of false distress alerts to be published by IPTM.

3 - Shipmasters or whoever performs on board the corresponding functions shall take the measures necessary to ensure that the crew in charge of or appointed for distress communications is properly instructed with regard to the operation of all the ship equipment able to transmit distress alerts.

4 - Measures taken under the preceding paragraph shall be recorded in the radio service logbook.

Article 39
Service documents

CHAPTER V
Ship station licences

Article 40
Ship station licence and duration

2 - The station license shall be issued by IPTM at the request of shipowners or their legal representatives, submitted through a form, the model of which shall be drawn up and disclosed by IPTM.

3 - The ship station licence corresponds to the model set out in the annex to this Regulation, which is deemed to be an integral part hereof.

4 - The ship station licence shall be valid for five years.

5 - The ship station licence shall be available at the ship radio station and integrate the set of on-board documents.

6 - The use of portable radio equipment, on board a set of ships where no other equipment is available, shall imply the allocation of a single call sign.

7 - The station license issued under the preceding paragraph shall indicate the name of all ships in which the equipment may be used.

Article 41

(Repealed.)

Article 42

(Repealed.)

Article 43
Expiry of the ship station licence

The ship station licence shall expire where one of the following situations occurs:

a) Change in the licensee;

b) Change in the public correspondence category;

c) Change in some of the identification elements of the ship or station;

d) Change in the station’s equipment.

CHAPTER VI
Surveys and inspections

Article 44
Surveys and inspections to radio equipment

1 - Surveys to ship radio equipment are intended to verify:

a) Correspondence between the equipment installed through means determined by this Regulation and additional legislation and the category of ship concerned;

b) Correspondence between the implementation or maintenance of the fitting-out and the respective terms of approval;

c) Conformity documents and marking of equipment;

d) Storage and functioning conditions in accordance with the Radio Regulations as far as emission classes, frequencies and respective tolerances are concerned;

f) On-board documentation provided for in this Regulation and the validity of radio operator certificates.

2 - Surveys referred to in the preceding paragraph shall integrate the set of surveys that contribute to the issue, renewal or maintenance of the safety certification.

3 - Inspections to ship radio equipment may be carried out on the initiative of IPTM.

4 - (Repealed).

Article 45

(Repealed.)

Article 46
Conditions for surveys and inspection

1 - Shipmasters and captains shall not prevent inspectors or accredited specialists from carrying out surveys or inspections to the ship radio equipment.

2 - Surveys and inspections shall be carried out in the presence of the operator or the person qualified to operate the ship radio equipment.

3 - The fact that the condition referred to in the preceding paragraph is lacking shall not prevent the survey or inspection from being carried out, where the inspector or accredited specialist believes that there are safety conditions for performing it and the agreement of the shipmasters or captain is obtained.

Article 47
Inspectors

1 - Surveys to the ship radio equipment shall be carried out by:

a) IPTM inspectors; or

b) Specialists accredited according to training conditions and requirements included in a letter to be issued by IPTM; or

c) Specialists from pubic bodies operating in the scope of seaworthiness certification, by means of a protocol to be established with IPTM.

2 - Inspections to ship radio equipment provided for in paragraph 3 of article 44 shall be carried out by IPTM inspectors.

CHAPTER VII
Breaches

Article 48
Breach regime

1 - The infringement of provisions laid down in this Regulation shall be deemed to be a breach liable to a fine, under the following articles.

2 - Negligence and attempt shall be punishable.

3 - Proceedings for infringement of provisions laid down in this Regulation shall be governed by the general breach regime, set out in Decree-Law no. 433/82, of 27 October, and subsequent amendments.

Article 49
Power to investigate and to rule

3 - Proceeds from fines charged shall revert at:

a) 60% to the State;

b) 15% to the reporting body;

c) 25% to the body that investigated and ruled on the breach proceedings.

Article 50
Supervision

Local shipping authorities shall monitor whether the ship station license and the radio operator certificate are available on board.

Article 51
Infringements in general

Article 52
Serious or very serious infringements committed by shipowners

2 - The infringement of paragraph 1 of article 7 shall be deemed to be a very serious breach, liable to a fine between (Euro) 125 and (Euro) 1250, which shall apply to the shipowner.

Article 53
Serious infringements committed by shipmasters or captains

Article 54
Serious or very serious infringements committed by radio operators

2 - The infringement of point c) of paragraph 1 of article 38 shall be deemed to be a very serious breach, liable to a fine between (Euro) 125 and (Euro) 1250, which shall apply to radio operators.

Article 55
Additional penalties

Article 56
Communication of decisions

1 - Harbour masters shall submit to IPTM a copy of final decisions delivered in breach proceedings for infringement of this Regulation.

2 - IPTM will draw up a record of offenders and of fines imposed thereon.

ANNEX

Licença de estação de embarcação

Ship station licence

Licence de station de navire

Licencia de estacion de barco

(vide original document)

Identificação da embarcação

Ship identification

(vide original document)

Titular da licença

Licensee details

(vide original document)

Identificação da estação

Licence identification

(vide original document)

Composição da estação

Station’s equipment

(vide original document)