Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Spain (Ratification: 2011)

The Committee notes the Government’s second report on the application of the Convention. It also notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) received by the Office on 1 September 2015 and 2 August 2018, and of the General Union of Workers (UGT) received by the Office on 9 August 2018. The Committee also notes that the amendments of 2016 to the Annexes of the Convention entered into force in Spain on 8 June 2017. The Committee recalls that the amendments are aimed at aligning the technical requirements of the Convention relating to seafarers’ identity documents (SIDs) with the standards adopted by the International Civil Aviation Organization (ICAO). In particular, they are intended to change the biometric in the SID from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless electronic chip, as defined by ICAO Document 9393.

Article 1(2). Scope of application. The Committee notes that, in its 2018 observations, the CCOO indicates that the definition of those regarded as seafarers is a controversial issue, also within the framework of the Maritime Labour Convention, 2006 (MLC, 2006). In this respect, the Committee refers to its comments on the application by Spain of Article II of the MLC, 2006.

Article 3 of the Convention. Content and form of seafarers’ identity documents. The Committee notes the Government’s indication in its report that the amendments to the Convention are currently being published in the Official Bulletin to be incorporated into the Spanish legal system with a view to promoting the necessary actions for the implementation of the above amendments. The Government specifies that, given the complexity, logistics and economic investment implied by the implementation of the provisions, the process to change the SIDs will be long.

The Committee notes the observations of the UGT that the SID is issued by the Spanish maritime authorities together with the discharge book and that, therefore, it goes beyond the exclusive information which must be stated in the SID. The UGT adds that, despite having repeatedly indicated to the General Directorate of Merchant Marine the existing non-compliance, since the SID and the discharge book (maritime booklet) should be issued separately, to date there has been no change to the way the documents are issued. In addition, the draft Royal Decree XXX/2018 on professional qualifications of merchant marine (which is currently at the public hearing stage) does not appear to change the current procedure for the issuance of SIDs. In this respect, the UGT refers to section 12(12) of the draft Decree which includes the following definition: “Maritime work book or seafarer’s identity document (SID): a seafarers’ document, which includes, at least the Seafarers’ Identity Document (SID), in accordance with the Seafarers’ Identity Documents Convention, 1958 (No. 108), or the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185), of the same Organization, and the crew list with a note of crewmembers joining and leaving”. In this respect, the Committee notes that the SID issued by Spain under the former version of the Convention is not in conformity with the provisions therein, as it contains information that goes beyond that related to the seafarer’s identity. The Committee recalls that the SID must only contain the information relating to the document holder mentioned in Article 3(7) and that, consequently, under the Convention, other particulars such as those in the maritime workbook may not be added to this document. While it welcomes the process under way aimed at incorporating the 2016 amendments into the domestic legal system, the Committee hopes that the Government will adopt the necessary measures, without delay, to give full effect to Article 3 of the Convention, taking into account the requirements in Annex I.

Article 4. National electronic database. In its previous comment, the Committee noted that an electronic database had already been established containing records of all maritime workbook-SIDs issued by the General Directorate of Merchant Marine. The Committee requested the Government to specify how it is ensured that information held in the database for each record is limited to the details indicated in Annex II of the Convention. The Committee notes the Government’s indication that the details to be provided for each record in the electronic database are restricted to those indicated in Annex II, sections 1 and 2 of the Convention. With reference to the above paragraph, the Committee requests the Government to provide information on the measures adopted to ensure full conformity of the database with Article 4 and Annex II of the Convention, as amended.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the observations of the CCOO of 2015 according to which, while the process of ratification of the Convention and its transposition into national law was carried out through social dialogue, thereby guaranteeing its effective application, the closure by certain ports of pedestrian entrances and exits, and the use of certain areas of the port for specific loading and unloading activities, as well as the distance between the vessel and the town and the almost total lack of transport for passengers in ports, is creating significant difficulties for crew members to exercise their right to shore leave. The CCOO highlights that, although in Spain the proper application of the Convention is ensured, seafarers of Spanish and other nationalities must receive the same treatment in other countries, including those where there have been cases of prohibitions of shore leave and of charging for visa fees. Lastly, the CCOO indicates that it considers it imperative that the Government set up a working group for monitoring the implementation of the Convention with annual meetings to address the problems that can arise from this delicate subject. The Committee notes the Government’s indication in response to the observations of the CCOO that practical difficulties in taking shore leave for crew members are related to the layout of the port, as well as to security requirements. There are few ports in Spain whose distance from the town creates difficulties or dissuades crewmembers from taking shore leave. Moreover, in these cases, there is usually public transport. The Committee notes this information and encourages the Government to provide updated information on the application in practice of the right to shore leave and transit and transfer of seafarers in Spanish ports.