Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 185) sur les pièces d'identité des gens de mer (révisée), 2003, telle qu'amendée - Hongrie (Ratification: 2005)

Autre commentaire sur C185

Demande directe

2020
2012

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Article 3 of the Convention. Content and form of seafarers’ identity documents (SIDs). The Committee notes the information contained in the Government’s first two reports on the application of the Convention, in particular the reference to Act CII of 2005 on the enactment of Convention No. 185, Act XLII of 2002 on water transport and Decree No. 26/2002 on mariners’ service books. It notes, however, the Government’s statement that the Convention has become an integral part of domestic law and its provisions are applicable without any separate legal regulation, which seems to imply that none of the innovatory and often highly technical standards set out in the Convention concerning the issuance and verification of SIDs has so far been implemented through specific laws or regulations. The Committee further notes that the Government has not provided any concrete information on the content and form of SIDs as prescribed in Article 3 and Annex I of the Convention, especially with regard to the biometric template and machine-readable zone to be included in the SIDs. The Committee therefore requests the Government to indicate the legal provisions giving effect to the specific requirements of this Article of the Convention.

Article 4. National electronic database. The Committee notes that it is not clear from the Government’s reports whether any steps have been taken with a view to establishing the electronic database of all SIDs issued, suspended or withdrawn in accordance with the Convention and ensuring the accessibility of recorded information to the immigration authorities of other member States for purposes of verification of the authenticity and validity of SIDs. The Committee accordingly requests the Government to provide additional explanations on the establishment and functioning of a national electronic database meeting the specific requirements of Article 4 and Annex II of the Convention.

Article 5. Quality control and evaluation. The Committee notes the Government’s indication that its system of issuance of SIDs is planned to undergo annual auditing. Recalling that the quality control procedures must, as a minimum, meet the requirements of Article 5 and Annex III of the Convention, the Committee requests the Government to provide more detailed information on: (i) the processes and procedures put in place for this purpose; and (ii) any independent evaluation of the administration of the SID system that may have been undertaken so far.

Part V of the report form. Practical application. The Committee notes the Government’s indication that since EU legislation, in line with the International Civil Aviation Organization (ICAO) technical prescriptions, provides for the storing of biometric data in travel documents in the form of a microchip, consideration should be given to modifying the Convention accordingly. Acknowledging that the Convention has still to receive the number of ratifications which would enable it to demonstrate its full potential in terms of ensuring port security while protecting seafarers’ freedom of movement, the Committee recalls 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. The Committee therefore encourages the Government to pursue its efforts to fully implement the provisions of the Convention.