NAV 44/5/10
4 The aviation chart made by
private industry but based on official data is indeed a
chart approved for the purpose of aeronautical navigation.
All private aircraft, all airlines and most military aircraft
navigate with charts produced with this procedure by
commercial companies.
5 Furthermore, Italy would like to
draw the Sub-Committee's attention to the fact that most
Member States must comply with very specific laws on matters
of antitrust such as the EC treaty and the GATT treaty, both
of which forbid monopolies. In compliance with such antitrust
treaties, laws which had set up monopolies have already been
repealed (e.g. the monopoly of some Classification Societies
on their national flag ships).
6 In the light of the above, SOLAS
regulations which might either limit competition within the
market, or restrict production, or prevent technical
developments, or limit investments, could run the risk of not
being ratified by Member States who have national antitrust
laws or who are members of the EEC or underwrites the GATT
treaty. Such States are committed to neither enact nor
maintain in force any measure contrary to antitrust laws.
Action envisaged
7 The NAV Sub-Committee, in
preparing the draft text of the revised SOLAS chapter V,
included requirements for nautical charts and publications in
the draft regulations 2,20 and 25 (contained in NAV
42/23/Add. 1 and NAV 43/WP.4).
8 In the light of the
considerations expressed in the above paragraphs 2 to 6,
Italy is of the opinion that the text of the proposed
regulations V/2, V/20 and V/25 would:
‐ undermine the Administration's
capability of fulfilling its responsibility on safety of
navigation, thus being an unnecessary and dangerous
exception to the safety principles applied to all
equipment; and
‐ create a series of implementation
problems, from the legal point of view, to those Member
States having antitrust laws.
Recommendations
9 Taking into account all the
above Italy brings to the attention of the Sub Committee on
Safety of Navigation the following proposals for amending
draft regulations 2,20 and 25 of revised SOLAS chapter V and
resolution A.817(19) "Performance Standards for
Electronic Chart Display and Information Systems
(ECDIS)".
A Proposed amendments to the
revised SOLAS chapter V
Regulation 2 - Definitions and Clarifications
(document NAV 42/23/Add.1, annex 17)
Amend paragraph 4 as follows:
"4
Official Nautical chart or other official
nautical publication is a nautical chart or other
nautical publication that has been issued by or on the
authority of a Government-authorized Hydrographic Office
or other relevant Government-authorized organization.
Where such chart or publication is a specially compiled
database, it shall meet the standards which are not
inferior to those adopted by the Organization*."
I:/NAV/44/5-10.WPD
