Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 108) sur les pièces d'identité des gens de mer, 1958 - Roumanie (Ratification: 1976)

The Committee notes with interest the adoption of Decision No. 245 of 4 March 2003 giving effect to Articles 2(1) and 3 of the Convention.

Article 4 of the Convention. Characteristics of the seafarers’ identity document. The specimen of the national seafarers’ identity card, which was supposed to be attached to the Government’s last report, was not received by the ILO. The Committee requests the Government to forward a specimen of the new seafarers’ identity document with its next report.

Article 2(2) in conjunction with Article 5. Right of return of foreign seafarers. The Committee requests the Government to clarify to what extent foreign seafarers may be issued with Romanian seafarers’ identity documents. Please specify the provisions in national legislation or other measures granting foreign seafarers holding a valid Romanian seafarers’ identity document the right of return set forth in Article 5 of the Convention.

Article 6, paragraphs 1 and 2. Permission of entry into Romanian territory. The Government’s report indicates that no requests for entry into Romanian territory were registered. The Committee wishes to point out that seafarers’ identity documents are specifically designed to permit, as a minimum, shore leave of foreign seafarers while their ships are in national (Romanian) ports. The Committee asks the Government to review the information it has provided and to indicate whether any foreign seafarers have applied for shore leave in a Romanian port. Please also describe by what (legislative or other) means it is ensured that a seafarer holding a valid seafarers’ identity document issued by the competent authority of another Member, is permitted to enter into Romanian territory, when entry is requested for the purposes enumerated in paragraphs 1 (shore leave) and, if applicable, in paragraph 2 (joining ship, transfer to another ship; transit through Romanian territory to join ship in another country or for repatriation; or any other purpose approved by the Romanian authorities).

Article 6, paragraph 3. Evidence and time limit. The Committee requests the Government to describe in detail the evidence required from a seafarer before permitting entry into Romanian territory and to indicate what time limit, if any, has been fixed for the seafarer’s stay in the national territory. In particular, please indicate whether holders of seafarers’ identity documents are required to present passports with valid visas, when entry is requested for the purposes of shore leave or transit.

Part IV of the report form. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply the text of these decisions.

Part V of the report form. Please supply information on the practical application of the Convention in Romania, for example information concerning the number of seafarers’ identity documents issued during the year; extracts from reports of the services entrusted with the application of the relevant laws, regulations, etc.; and any difficulties encountered in the application of the Convention.