Seafarers' Identity Documents Convention, 1958 (No. 108) - Italy (Ratification: 1963)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 3(1). Seafarers’ old-age pensions. The Committee notes the observations received from the Italian Union of Labour (UIL) in 2014 and the information provided in the Government’s report and, more specifically, the increase of the general retirement age to 66 years and three months by 2020. It also notes that, according to section 5 of the Presidential Decree No. 157/2013, the age requirement of the general pension scheme shall be reduced by five years in the case of pilots in maritime piloting, that is, to 61 years and three months. Other maritime professions seem however to remain subject to the general retirement age. In its observations received in 2014, the UIL indicates that the new retirement arrangements do not take into account the peculiar nature of maritime employment and are retrogressive in comparison with the previously applicable conditions established by Act No. 413/84. The Committee notes that, following the reform, persons who started contributing on 1 January 1996 or after, have two possibilities for early retirement: either having completed a contribution period of more than 42 years, or having reached the age of 63 with 20 years of actually paid contributions and the pension amount is not lower than a monthly threshold (2.8 the monthly social welfare allowance in 2012). Those who started contributing before 1996 may only retire early if they have at least 42 years of contributions. The Committee observes that the new retirement age established in Italy far exceeds the age of 60 years foreseen by the Convention and that the possibilities for early retirement are not sufficient to permit the majority of seafarers to enjoy their pension rights under the Convention. It therefore asks the Government to consider the possibility of introducing flexible retirement for seafarers or taking other appropriate measures for maintaining the overall level of pension guarantees prescribed by the Convention.

Level of pensions. The Committee notes that seafarers whose insurance period began on or after 1 January 1996 are covered by the notional defined contributions system; those with less than 18 years of contributions as of 31 December 1995 are covered by a mixed system composed of social insurance and notional defined contribution; whereas those with at least 18 years of contributions as of 31 December 1995 are covered exclusively by the social insurance system. Noting that Article 3(1)(a)(ii) of the Convention requires that, when retirement age is set at 60 years, a minimum of 2 per cent annual accrual rate for each year of sea service for the purpose of computing old-age pensions, the Committee asks the Government to indicate in its next report how this minimum is achieved under each one of the three cases mentioned above.

Article 4(1). Maintenance of rights in course of acquisition. Referring to the issues raised in the Committee’s previous comment with respect to the maintenance of rights in the course of acquisition, the Government states that, pursuant to section 22(11) of the Consolidated Immigration Law (Legislative Decree No. 286 of 28 July 1998), non-EU workers who return to their country of origin retain social security and welfare entitlements, irrespective of the existence of reciprocity agreements – on reaching retirement age these workers are entitled to receive a pension calculated as a percentage of the contributions paid, even if they do not satisfy the minimum contribution requirement of 20 years imposed on workers resident in Italy. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 3. Continuous possession of the seafarer’s identity document. In its previous comments, the Committee noted that national legislation was not in conformity with Article 3, in so far as section 221 of the Regulation implementing the Navigation Code provides for the handing over of the seafarer’s identity document (seafarer’s booklet) to the master at the time of embarkation. The Committee observes that the present Convention does not provide for flexibility nor does it allow for any exception. Noting that no developments appear to have been made on this point, the Committee once again requests the Government to take the necessary measures to bring the national legislation into conformity with this Article of the Convention.

Article 4(2). Content of the seafarer’s identity document. The Government indicates that the seafarer’s booklet does not include the statement that this document is a seafarer’s identity document for the purpose of the Convention, as required by Article 4(2). According to the Government, this is due to the fact that seafarers must also be in possession of a passport. The Committee observes that, even when the seafarer holds a valid passport in addition to the seafarer’s identity document, the latter shall include the statement required by Article 4(2). In fact, while both the seafarer’s identity document provided by the Convention and the passport are identity documents, they have different purposes, the purpose of the first being essentially to allow the seafarer to take temporary shore leave. The Committee once again requests the Government to take measures to ensure that the seafarer’s booklet contains the statement provided by Article 4(2) of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the support expressed by the Italian Confederation of Private Shipowners (CONFITARMA) regarding the ratification and implementation of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), as well as the Government’s present position that it does not consider it desirable to proceed with the ratification of that Convention.

The Committee notes the Government’s confirmation that the seafarer’s identity card adopted by Ministerial Decree of 2 February 1981, which was meeting the requirements of the present Convention, is no longer issued. It also notes that the seafarer’s booklet, which according to section 122 of the Navigation Code is valid as an identity document, is issued instead. As regards the seafarer’s booklet, the Committee draws the Government’s attention to the following shortcomings.

Article 3 of the Convention. Possession. In response to the Committee’s previous comments concerning section 221 of the Regulation implementing the Navigation Code, the General Directorate for Maritime Transport and Inland Waterways in the Ministry of Infrastructure and Transport states that the handing over of the seafarer’s booklet to the master at the time of embarkation, serves the purpose of facilitating checks of the ship in the framework of port State control. It is further emphasized that the seafarer’s booklet is returned to the seafarer at the time of discharge. The Government therefore maintains that section 221 does not conflict with this provision of the Convention.

The Committee recalls that, under Article 3, the seafarer’s identity document shall remain in the seafarer’s possession at all times. Whereas Article 7(1) of Convention No. 185 provides for flexibility in the case that the seafarers’ identity document is held for safekeeping by the master of the ship concerned, with the seafarer’s written consent, Article 3 of the present Convention does not allow for any exception. The Committee therefore reiterates that section 221 of the Regulation implementing the Navigation Code is not in compliance with Article 3 of the Convention and asks the Government to take the necessary measures to bring national legislation into conformity with the present Convention.

Article 4, paragraph 2. Statement. The Committee had previously commented on the lack of the statement in the seafarer’s booklet that the document is a seafarer’s identity document for the purpose of this Convention. The Government states that the General Directorate for Maritime Transport and Inland Waterways has noted the request formulated by the Committee and will make the requested changes. The Committee hopes that the necessary measures to ensure that the statement required in Article 4(2) is added into the seafarer’s booklet will be taken in the near future. It requests the Government to enclose with its next report a copy of the booklet as amended.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret from the Government’s report that the seafarer’s identity card adopted by Ministerial Decree of 2 February 1981, which was meeting the requirements of the Convention, is no longer issued because the seafarer’s booklet, under section 122 of the Maritime Navigation Code, is also valid as an identity document. The Committee draws the Government’s attention to the following points and hopes that measures will be taken to bring national law and practice relating to the seafarer’s booklet into conformity with the requirements of the Convention.

Article 3 of the Convention. Possession. According to section 221 of the Regulation implementing the Maritime Navigation Code, the seafarer’s booklet is handed over to the master of the vessel. The Committee requests the Government to take steps to ensure that this document shall remain in the seafarer’s possession at all times, in accordance with this Article of the Convention.

Article 4, paragraph 2. Statement. The specimen of the seafarer’s booklet supplied by the Government contains no statement that the document is a seafarer’s identity document for the purpose of this Convention. The Committee requests the Government to take the necessary measures to ensure that the statement required in paragraph 2 of Article 4 is added in the seafarer’s booklet. It hopes that the Government will be able to enclose with its next report a copy of the booklet as amended.

Finally, the Committee notes that the Government is considering the possibility of ratifying the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). The Committee asks the Government to keep it informed on any further developments in this regard, in particular on any consultations held on the matter.