Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 185) sur les pièces d'identité des gens de mer (révisée), 2003, telle qu'amendée - France (Ratification: 2004)

The Committee notes the Government’s second and third reports on the application of the Convention. It notes the observations of the French Confederation of Christian Workers (CFTC) and the French Democratic Confederation of Labour (CFDT), supported by the French Confederation of Management – General Confederation of Professional and Managerial Employees (CFE–CGC), transmitted by the Government. The Committee notes that the Government has submitted comments in reply to these observations. The Committee also notes that a delegation of the French Government visited the headquarters of the International Labour Office on 14 December 2017 to discuss methods of implementation of the Convention. The Committee notes that the Amendments of 2016 to the Annexes of the Convention entered into force for France on 8 June 2017. The Committee recalls that the amendments are aimed at aligning the technical requirements of the Convention with the more modern standards adopted by the International Civil Aviation Organization (ICAO). In particular, they are intended to change the biometric in the seafarer’s identity document 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.

Articles 2 to 5 of the Convention. Seafarers’ identity documents. In its previous comment, the Committee noted the Government’s explanation of the financial and technical considerations which had not permitted the implementation of the Convention. The Committee notes that Act No. 2013-619 of 16 July 2013 amended the Transport Code to incorporate the requirement to issue seafarers’ identity documents. However, the Committee notes that section L.5512-4 of the Code provides that a decree of the Council of State shall determine the conditions of implementation, particularly with regard to the following points: (1) the biometric data of the document holder; (2) a personal identification number; (3) the period within which seafarers’ identity documents shall be delivered; (4) the fees payable; (5) the remedies and their time limits in the event of refusal, suspension or withdrawal of the document; (6) the model document and the information included in it; (7) the holder’s right of access to personal data; (8) the conditions of verification of the holders of seafarers’ identity documents; and (9) data processing storage and security measures. The Committee notes the Government’s indication that the application of the Convention in France is awaiting the publication of these regulations. The Committee notes that the CFTC emphasizes the unusual nature of the situation, as sections L.5512-1 to L5512-4 were established by the Act of 16 July 2013 and as, in France, implementation decrees must be published within a “reasonable period of time”, which has been substantially exceeded in its view. The Committee recalls the resolution adopted at the Third Meeting of the Special Tripartite Committee of the MLC, 2006, which expresses concern at the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognizes that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring the Convention works in the way that it was originally intended. Noting the efforts made to give effect to the Convention, the Committee requests the Government to adopt the necessary regulatory measures to that end.