Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 185) sur les pièces d'identité des gens de mer (révisée), 2003, telle qu'amendée - Croatie (Ratification: 2011)

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Croatia

The Committee notes the Government’s first and second reports on the application of the Convention. It also notes that the 2016 amendments to the Annexes of the Convention entered into force for Croatia 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 Organisation (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, according to the information submitted by the Government in its reports, no steps have been taken so far to issue new 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 been dramatically increased by the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. While noting the efforts undertaken by the Government to give effect to the previous version of the Convention, the Committee requests it to address the issues raised below and to indicate any measures taken to issue new SIDs in accordance with the amended version of the Convention.

Article 2, paragraphs 2 and 3 of the Convention. Issuance of SIDs. The Committee notes the Government’s information that the “Ordinance on seamen’s book and embarkation permits, procedures and methods of registration and deregistration of seafarers in the compulsory pension insurance scheme and the compulsory health insurance scheme” (Official Gazette No. 112/16), hereinafter Ordinance on Seamen’s Book, regulates seamen’s books, embarkation permits and SIDs. The Committee notes the Government’s reference to section 4 of the Ordinance on Seamen’s Book, which regulates the conditions to apply for a seaman’s book, an embarkation permit or a SID. It notes that section 4(4) of the Ordinance provides that “at the request of a seafarer, an identification seafarer document may be issued, if it meets the requirements of this Ordinance”. The Committee further notes that under section 4(3) of the Ordinance, persons referred to in paragraphs 1 or 2 of the same section, i.e. holders of a seamen’s book or an embarkation permit, may be issued with a SID. Noting that the embarkation permit may be issued to foreign citizens or stateless persons, the Committee recalls that under Article 2(1) of the Convention, each Member shall issue a SID to each of its nationals who is a seafarer and makes an application to that effect. Article 2(3) allows Members to issue SIDs also to seafarers who have been granted the status of permanent resident in its territory. The Committee requests the Government to indicate how it ensures compliance with Article 2 of the Convention by limiting the issuance of SIDs to nationals and permanent residents in the country.

Article 2, paragraph 5. Administrative appeal. The Committee notes that, with regard to the seafarers’ right to an administrative appeal in the case of a rejection of their application for a SID, the Government refers to section 137a of the Maritime Code on the withdrawal of a SID (for which no administrative appeal is allowed). The Committee recalls that Article 2, paragraph 5 does not deal with the subsequent withdrawal of the SID (regulated under Article 7, paragraph 2), but with the seafarers’ right to an administrative appeal in the case of a rejection of their application for a SID. The Committee requests the Government to indicate the measures taken to ensure conformity with Article 2, paragraph 5 of the Convention.

Article 3. Content and form. The Committee notes the measures taken by the Government to issue SIDs in accordance with the technical requirements contained in the previous version of the Convention. In particular, it notes the specimen of SID supplied by the Government, which conforms to the previous version of the Convention. The Committee recalls that the Government is now required to issue a new SID in conformity with the amended version of the Convention, taking into account the new requirements of Annex I. The Committee hopes that the Government will take the necessary measures in the near future to issue a new SID fully compliant with the amended version of the Convention. It requests the Government to provide a specimen of the new SID when it becomes available.

Article 3, paragraph 6. Maximum validity. The Committee notes that according to section 11 of the Ordinance on Seamen’s Book, SIDs shall be issued for a duration of 10 years. The Committee recalls that under Article 3, paragraph 6, the maximum validity of a seafarers' identity document shall in no case exceed 10 years, subject to renewal after the first five years. The Committee requests the Government to indicate the measures taken to ensure full conformity with Article 3, paragraph 6 of the Convention.

Article 4. National electronic database. The Committee notes the Government’s reference to sections 22 and 23 of the Ordinance on Seamen’s Book regulating the register of SIDs to be kept by the Harbour Masters’ Office and the Ministry in a centralized database. It also notes the Government’s information on the online electronic database for verification of the authenticity and validity of the Croatian SIDs. The Committee notes that the details to be provided for each record in the electronic database according to section 23(2) of the Ordinance on Seamen’s Book are not in full conformity with the elements listed in Annex II to the Convention, as amended in 2016, which restricts such details to those listed under its sections 1 and 2. The Committee also recalls that, according to Article 4, paragraphs 1 and 3, the national electronic database should store records of each SIDs issued, suspended or withdrawn, and that procedures should be in place to enable holders of SIDs to check the validity of all the data stored in the database related to them and to provide for correction if necessary, at no cost for them. The Committee requests the Government to indicate the measures taken to ensure full conformity with Article 4 and Annex II, as amended in 2016.

Article 5. Minimum requirements for procedures of issuance of SIDs. Independent evaluation. The Committee notes that section 52 of the Ordinance on Seamen’s Book provides that an independent assessment of the management of the system for issuing SIDs, including quality control procedures, shall be carried out at least every five years in accordance with the provisions of Convention. The Committee also notes the document on the quality-control procedures for the issuance of SIDs supplied by the Government and its intention to be included in the list of Members which fully meet the requirements of the Convention, in accordance with Article 5, paragraph 6 (stated in a letter submitted to the Office on 25 April 2016). The Committee recalls that the Government is now required to comply with the minimum requirements concerning processes and procedures for the issue of SIDs set out in Annex III to the Convention, as amended in 2016. The Committee hopes that the Government will take the necessary measures in the near future to ensure conformity with the requirements of Annex III to the Convention, as amended, in order to subsequently carry out the independent evaluation of the management of its system for issuing SIDs pursuant to Article 5(4) of the Convention.

Article 6, paragraphs 1 and 2. Verification of the identity of the holder of the SID. The Committee notes that the Government provides no information on the application of these provisions. The Committee requests the Government to indicate how it gives effect to Article 6, paragraphs 1 and 2 of the Convention.

Article 6, paragraphs 3-6. Facilitation of shore leave. The Committee notes the Government’s reference to the provisions of the Aliens Act (Official Gazette No. 130/11, 74/13, 69/17, 46/18) regulating the short-term visa to be issued to the seafarer holding a “seafarer's travel document or other documents recognized as seafarer's identity document under international treaties” who meets certain conditions “and crosses the state border in order to embark on, reembark on or disembark from a ship on which he works, will work or on which he worked as a seafarer”. The Committee notes, however, that the Government provides no information on the situation of a seafarer holding a valid SID requesting the entry into the Croatian territory for temporary shore leave while the ship is in port. The Committee recalls that Article 6 provides that each Member for which the Convention is in force shall permit the entry into its territory, without requiring a visa, of a seafarer holding a valid SID for temporary shore leave. It requests the Government to indicate how it gives effect to Article 6, paragraphs 4-6 of the Convention.

Article 7, paragraph 2. Withdrawal of the SID. The Committee notes the Government’s information that section 137a of the Maritime Code regulates the withdrawal of the seaman’s book and, consequently, of the SID. Under section 137a(6), “an appeal may not be lodged against the decision … but an administrative dispute may be initiated”. The Committee recalls that under Article 7, paragraph 2, procedures for suspending or withdrawing SIDs shall include administrative appeal. The Committee requests the Government to indicate how it ensures compliance with Article 7, paragraph 2 of the Convention.