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Articles 2 and 4 of the Convention, read in conjunction with Articles 2–5 of Convention No. 185. Seafarers’ identity documents. The Committee notes with interest the Government’s notification of provisional acceptance of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It recalls that under Article 9 of Convention No. 185, Members who are taking measures for the ratification of Convention No. 185 may apply it provisionally provided that the requirements of Articles 2–5 of that Convention are fulfilled. In this respect, the Committee notes that the Government has revised its seafarer’s certificate (“seaman’s book”) pursuant to the Order of the Minister of Transport and Communications No. 3-350 of 1 August 2005 on the approval of the sample of the seafarer’s certificate (Official Gazette, 2005, No. 97-3692). It also notes that by Order of the Minister of Transport and Communications No. 3-51 of 9 February 2006 on the issuance of the seafarer’s certificate and its completion regulations (Official Gazette, 2006, No. 22-720), provision is made for a biometric inscription and a machine-readable zone conforming to the International Civil Aviation Organization (ICAO) Document 9303, as required by Article 3(8) and Annex I of Convention No. 185. To enable the Committee to analyse the content and form of the new seafarer’s identity document, the Government is requested to provide a specimen (not a photocopy) of its revised seaman’s book. In addition, the Committee requests the Government to indicate any arrangements or procedures put in place to ensure that records of all seafarers’ identity documents are stored in an electronic database (Article 4) and that quality control and periodic evaluations of the system for issuance of seafarers’ identity documents are conducted (Article 5 and Annex III). Please also provide copies of any new legislative or regulatory text not previously communicated to the Office.
Part V of the report form. Practical application. The Committee notes the Government’s indication that seamen’s books are being replaced at the moment. It also notes that under section 2.3 of Resolution No. 704 of 28 June 2005, seamen’s books issued before 1 September 2005 will remain valid until their expiry date. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention and any further developments in the process of aligning national law and practice to the requirements of Convention No. 185.
The Committee notes the information in the Government’s reports.
Article 2(1) of the Convention. The Committee notes that article 2.1.1 of Order No. 231 of 21 June 1993 requires the shipowner to apply for the identity document, whereas the Convention entitles nationals to apply in person for the document. The Committee requests the Government to bring its text into compliance with the Convention and to advise on the measures taken.
Article 3 of the Convention. The Committee requests clarification from the Government that during the validity of the identity document it remains in the seafarer’s possession and to advise of the applicable legislative and/or regulatory texts.
Article 4 of the Convention. The Committee does not have a hard copy specimen of the identity document (only a photocopy), which it requests the Government to forward with its next report. From the paper text available, it does not appear that the document contains, as required in Article 4(2), a statement that it is a seafarers’ identity document for the purpose of this Convention. It requests the Government to provide clarification and to ensure that this statement is included.
The Committee requests particulars concerning the consultations held with shipowners’ and seafarers’ organizations concerning the precise form and content of the seafarers’ identity document, as required under Article 4(6).
Article 5 of the Convention. The Committee notes that identity documents are issued to foreign seafarers who are resident aliens and that the residency permit is included as a part of the identity document - the latter having the same validity as the former. However, the Convention confers a right of return for up to one year on an expired seafarers’ identity document. It requests the Government to indicate the legislative and/or regulatory texts which guarantee this right for aliens once their residency permit and identity document have expired.