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Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Republic of Moldova (RATIFICATION: 2006)

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Article 1 of the Convention. Definition of the term “seafarer“. The Committee notes that the Government has not provided information on the definition of the term “mariner” or “seafarer”. Recalling that under Article 1(1) the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation, the Committee requests the Government to indicate how it ensures that any Moldavian seafarer within the meaning of the Convention who makes an application to that effect, is issued a Seafarer’s Identity Document (SID).

Articles 2 to 7. Seafarers’ identity documents. Implementation. In reply to its previous comment, the Committee notes the Government’s indication that the procedures concerning the issuance of SIDs are currently being drawn up. While noting the above information, the Committee expects that the Government will adopt the necessary measures in the near future to issue SIDs in accordance with the amended version of the Convention. The Committee requests the Government to provide detailed information on the concrete measures taken to give effect to Articles 2 to 7 of the Convention. It further requests the Government to supply a specimen of a SID as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.

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The Committee notes the Government’s second report on the application of the Convention. It also notes that the 2016 amendments to the annexes of the Convention entered into force for the Republic of Moldova on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO document 9303. The Committee notes that the Government has not provided information on any measures taken to implement the Convention and issue SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government will adopt in the near future the necessary measures to give full effect to all the provisions of the Convention, as amended. It requests the Government to provide detailed information on such measures, including a copy of the applicable national provisions. The Committee further requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the Office technical assistance.

Article 1 of the Convention. Definition of the term “seafarer “. The Committee notes that the Government has not provided information on the definition of the term “mariner” or “seafarer”. Recalling that under Article 1(1) the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation, the Committee requests the Government to indicate how it ensures that any Moldavian seafarer within the meaning of the Convention who makes an application to that effect, is issued a SID.

Articles 2 to 7. Seafarers’ identity documents. Implementation. The Committee notes the information provided by the Government indicating that it ensures the implementation of the Convention by issuing SIDs at the request of a Moldovan citizen who presents the full set of the necessary documents at the Naval Agency. The Government adds that after examining the documents, the public service Agency produces the SID within the requested deadline, which may range from one day to one month. Regarding the recognition of other SIDs from seafarers entering the port of Giurgiulești, the Government indicates that they are fully recognized. While noting this information, the Committee observes that the Government does not refer to the implementation of the amended version of the Convention. Referring to its comments above, the Committee requests the Government to provide detailed information on the concrete measures taken to give effect to Articles 2 to 7 of the Convention.

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Articles 2–7 of the Convention. Seafarers’ identity documents. The Committee notes the information contained in the Government’s first report on the application of the Convention, in particular the Government’s statement that implementing legislation is still in the process of internal review, and that the issuance of seafarers’ identity documents is not expected to begin before 2011.

The Committee is fully cognizant of the fact that ratifying countries may need a few years to put in place the facilities and systems necessary for the issuance of seafarers’ identity documents, especially in view of the highly technical character of certain requirements and recommended procedures. The Committee further understands that, at the initial stage, it may only be able to make a preliminary assessment of the extent to which Members ratifying the Convention have established the necessary facilities and systems. It therefore encourages the Government to pursue its action with a view to adopting the necessary implementing legislation and recalls that the Government may, if it so wishes, avail itself of the advisory services of the Office in drafting new laws or regulations.

The Committee accordingly requests the Government to supply copies of all relevant texts as soon as they are adopted, detailed information on the procedures for setting up and operating a national electronic database and conducting quality control and periodic evaluations, as well as a specimen (not a photocopy) seafarer’s identity document.