Seafarers' Identity Documents Convention, 1958 (No. 108) - Romania (Ratification: 1976)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.

Article 4 of the Convention. Specimen of seaman’s book. The Committee requests once again the Government to provide a specimen (not a photocopy) of the seafarers’ book currently being used in the country.

Article 2(2) read in conjunction with Article 5. Right of return of foreign seafarers. Further to its previous comment, the Committee notes the Government’s indication that all seafarers, irrespective of nationality, have the right to return. The Committee requests the Government to specify the provisions in the national legislation or other measures granting foreign seafarers holding a valid Romanian seafarers’ identity document the right of return as set forth in Article 5 of the Convention.

Article 6(1). Permission of entry without visa into Romanian territory. In its previous comment, the Committee had requested the Government to indicate whether non-EU 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. The Committee notes that the Government had referred to Regulation (EC) No. 562 of the European Parliament and the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code). Section 3 of Annex VII of this Regulation provides that “Member States may authorize seamen holding a seafarer’s identity document issued in accordance with the ILO Seafarers’ Identity Documents Convention, 1958 (No. 108), or the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), the Convention on Facilitation of International Maritime Traffic (FAL Convention) and the relevant national law, to enter the territory of the member States by going ashore to stay in the area of the port where their ships call or in the adjacent municipalities, or exit the territory of the member States by returning to their ships, without presenting themselves at a border crossing point, on condition that they appear on the crew list, which has previously been submitted for checking by the competent authorities, of the ship to which they belong”. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4 of the Convention. Specimen of seaman’s book. The Committee notes the adoption of Order of the Ministry of Transport and Infrastructure No. 1257/2009 of 16 December 2009 on amendments to the model seaman’s book and certificate of competency. It also notes the statistical information provided by the Government concerning the number of seafarers’ identity documents issued in 2009. The Committee again requests the Government to provide a true specimen (not a photocopy) of the new seaman’s book established pursuant to Decision No. 245 of 2003.

Article 2(2) read in conjunction with Article 5. Right of return of foreign seafarers. Further to its previous comment, the Committee notes the Government’s indication that all seafarers, irrespective of nationality, have the right to return. The Committee again requests the Government to clarify to what extent seafarers from States other than European Union (EU) Member States may be issued with Romanian seafarers’ identity documents. Please specify the provisions in the national legislation or other measures granting foreign seafarers holding a valid Romanian seafarers’ identity document the right of return as set forth in Article 5 of the Convention.

Article 6(3). Evidence and time limit. The Committee requests the Government to describe in detail the evidence required from a non-EU seafarer before permitting entry into Romanian territory and to indicate what time limit, if any, has been fixed for that seafarer’s stay in the national territory. In particular, please indicate whether non-EU 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.

Finally, the Committee takes this opportunity to recall that Convention No. 108 has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security, while at the same time facilitating the freedom of movement of seafarers, by developing a more secure and globally uniform seafarers’ identity document. The Convention was adopted by the ILO to complement action being taken within the framework of the International Maritime Organization (IMO) through the adoption of the International Ship and Port-facility Security Code (ISPS), and it sets out basic parameters regarding the content and form of the documents, and provides technical guidance in the annexes in order to ensure that Members may easily adapt their systems, while taking national circumstances into account. In this respect, the Committee wishes to refer to the summary of consensus achieved at the consultative meeting on Convention No. 185, held in Geneva on
23–24 September 2010, according to which “further ratifications and recognition of the seafarers’ identity document (SID) to facilitate shore leave are urgently needed, especially among port States” (see CSID/C.185/2010/4, p. 17). The Committee therefore invites the Government to examine the possibility of ratifying Convention No. 185 in the near future and to keep the Office informed of any decisions taken in this respect.

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

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.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's report.

Article 2 of the Convention. The Commission refers to the Instructions on page 63 of the seafarers' identity document which, according to the Government's report, are presently in force. In this regard, the Committee notes that the document is issued on request of the employer, whereas the Convention requires that the seafarer who is a national shall apply in his personal capacity for the identity document. The Committee requests the Government to bring its legislation into conformity with this requirement and to advise it of measures taken or envisaged to this end.

Article 3. Committee recalls the enactment of Ordinance No. 64 of 25 February 1994 according to which the identity document of an embarked seafarer remains in his possession at all times. However, the Committee notes with concern that the specimen identity document sent with the Government's 1998 report and the translation of the Instructions on page 63 of the document still state that the identity document is kept by the master. The Committee further notes that, according to the Instructions, on disembarking the seafarer must surrender the identity document to the Merchant Marine Administration. The Committee requests the Government to amend the text of these Instructions so that it is clear to all concerned that the document is to remain in the seafarer's possession at all times, and to advise it of measures taken or envisaged to this end.

Article 4(2). The Committee notes from the photocopy of the most recent specimen of the identity document that there is no indication that this is the identity document issued pursuant to ILO Convention No. 108. The Committee recalls that the specimen identity document sent in 1978 included a stamp with this indication. The Committee requests the Government to clarify this discrepancy and suggests that in the future this statement be incorporated in the text of the document.

Article 5. The Committee recalls that although current practice is to recruit only seafarers who are Romanian nationals, according to the Government's first report there are exceptional cases where foreign seafarers are hired for service on Romanian-flag vessels. It requests the Government to provide copies of the texts giving effect to the right of return set forth in this Article.

Article 6(1) and (2). Regarding the application in practice of the Convention, the Committee recalls the list attached to the 1993 report indicating States (nine of which have ratified Convention No. 108) that require holders of the seafarers' identity document to present passports with valid visas. The Committee would appreciate if the Government would indicate for each State on the list, or any other State having ratified the Convention, whether the passport and visa requirement applies to temporary shore leave, transit, or both.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 3 of the Convention. The Committee notes with interest the text of Ordinance No. 64 of 25 February 1994, which provides that seafarers' identity documents shall remain in their possession at all times. The Committee trusts that the instructions on page 63 of the seafarers' record book will be amended accordingly and that the Government will provide a specimen copy of the most recent version of it.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 3 of the Convention. In its previous comments, the Committee pointed out the discrepancy between the above provision of the Convention under which the seafarer's identity document must remain in his possession at all times and the instructions entered on page 63 of the seaman's book, according to which the book is kept on board by the master and must be deposited in the harbour master's office at the port of disembarkation, the holder being prohibited, on pain of punishment, from keeping it himself after disembarking. Since the Government's report merely reproduces information already supplied on this matter, the Committee trusts that the above instructions will be amended in order to ensure that effect is given to the present Article of the Convention, and that the Government will provide a specimen of the amended seaman's book.