Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Hungary (Ratification: 2005)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the 2016 amendments to the Annexes of the Convention entered into force for Hungary 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.

Articles 2 to 7 of the Convention. Seafarers’ identity documents (SIDs). Implementation. The Committee previously noted that the Government, referring 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, stated that the Convention has become an integral part of domestic law and its provisions are applicable without any separate legal regulation. Noting the absence of specific regulations, the Committee requested the Government to indicate the legal provisions giving effect to the requirements of the Convention. The Committee notes the Government’s indication that 1) no measures have been taken so far to implement the provisions of the Convention, in particular to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016; 2) the vast majority of seafarers sails with private passports and the Maritime Authority does not issue SIDs but only service record books; and 3) the high-level security guarantees related to the issuance of the SIDs prescribed by the Convention, as amended and the operation of the electronic database storing the data of the documents represent a significant and unreasonable burden for Hungary, where the number of seafarers concerned is lower than the number of applicants in coastal states and larger countries. While noting this information, the Committee recalls 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 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 as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the Office technical assistance.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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.