Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 4 of the Convention. Specimen of seaman’s book. The Committee notes the adoption of Order of the Ministry of Transport and Infrastructure No. 1257/2009 of 16 December 2009 on amendments to the model seaman’s book and certificate of competency. It also notes the statistical information provided by the Government concerning the number of seafarers’ identity documents issued in 2009. The Committee again requests the Government to provide a true specimen (not a photocopy) of the new seaman’s book established pursuant to Decision No. 245 of 2003.

Article 2(2) read in conjunction with Article 5. Right of return of foreign seafarers. Further to its previous comment, the Committee notes the Government’s indication that all seafarers, irrespective of nationality, have the right to return. The Committee again requests the Government to clarify to what extent seafarers from States other than European Union (EU) Member States may be issued with Romanian seafarers’ identity documents. Please specify the provisions in the national legislation or other measures granting foreign seafarers holding a valid Romanian seafarers’ identity document the right of return as set forth in Article 5 of the Convention.

Article 6(3). Evidence and time limit. The Committee requests the Government to describe in detail the evidence required from a non-EU seafarer before permitting entry into Romanian territory and to indicate what time limit, if any, has been fixed for that seafarer’s stay in the national territory. In particular, please indicate whether non-EU holders of seafarers’ identity documents are required to present passports with valid visas, when entry is requested for the purposes of shore leave or transit.

Finally, the Committee takes this opportunity to recall that Convention No. 108 has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security, while at the same time facilitating the freedom of movement of seafarers, by developing a more secure and globally uniform seafarers’ identity document. The Convention was adopted by the ILO to complement action being taken within the framework of the International Maritime Organization (IMO) through the adoption of the International Ship and Port-facility Security Code (ISPS), and it sets out basic parameters regarding the content and form of the documents, and provides technical guidance in the annexes in order to ensure that Members may easily adapt their systems, while taking national circumstances into account. In this respect, the Committee wishes to refer to the summary of consensus achieved at the consultative meeting on Convention No. 185, held in Geneva on
23–24 September 2010, according to which “further ratifications and recognition of the seafarers’ identity document (SID) to facilitate shore leave are urgently needed, especially among port States” (see CSID/C.185/2010/4, p. 17). The Committee therefore invites the Government to examine the possibility of ratifying Convention No. 185 in the near future and to keep the Office informed of any decisions taken in this respect.