Certification of Able Seamen Convention, 1946 (No. 74) - Italy (Ratification: 1981)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(3) and (4) of the Convention. Minimum age and minimum period of service at sea. The Committee notes the Government’s reference to section 11 of the Ministerial Decree of 30 November 2007 on qualifications and certification of registered seafarers in the deck and engine room compartment, which provides that ratings forming part of the navigational watch on board ships of 500 GT or more must be at least 16 years of age and have six months of navigation-based training. The Committee is obliged to recall, in this regard, that although this provision may be consistent with Regulation II/4 of the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, the requirements set out in Regulation II/4 – as expressly indicated in the STCW Convention – are not those for certification of “able seamen” within the meaning of ILO Convention No. 74. The Committee also recalls that under Article 2(3) of the Convention, the minimum age to serve as an able seafarer is 18 years while the minimum period of sea service required under Article 2(4) is, in principle, 36 months. The Committee accordingly requests the Government to provide additional explanations as to how the specific criteria set out in Article 2(3) and (4) of the Convention are given effect both in law and in practice.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates granted during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

Finally, the Committee recalls that the Convention, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for the training and certification requirements for able seafarers – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the STCW Convention. The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and due to enter into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006, enters into force for Italy, the Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006. The Committee refers, in this regard, to Guideline B2.2.1 of the MLC, 2006, which essentially reproduces the definition of able seafarer contained in Article 1 of Convention No. 74. Moreover, it draws the Government’s attention to Regulation II/5 of the Manila amendments to the STCW Convention and Code, in particular paragraphs 4 and 5, which provide that until 1 January 2012, a party which is also a party to Convention No. 74 may continue to issue certificates in accordance with the provisions of this Convention, and until 1 January 2017, it may continue to renew and revalidate any such certificates.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2 of the Convention. Minimum age and minimum period of service at sea. The Committee notes the Government’s statement in response to its previous direct request that, as regards the divergences between the Decree of 5 October 2000, as amended, and Article 2 of the Convention, the necessary modifications will be made, after consultation with the employers’ and workers’ organizations, to conform to the requirements concerning minimum age and minimum period of service at sea, of 18 years of age and 36 months, respectively.

The Committee trusts that the Government will continue to keep it informed, in future reports, of developments concerning the application of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 2, paragraphs 3 and 4, of the Convention. The Government’s report indicates the new procedure for the certification of seamen belonging to the deck or engineering watch, previously referred to as able seamen. The Committee notes that, according to the Decree of 5 October, as amended, the minimum age and minimum period of service at sea to perform the duties of a deck watch seaman are 16 years and six months, respectively. The Committee recalls that, under the Convention, no one shall be granted a certificate of able seaman unless they have reached the age of 18 and have served at sea for, as a rule, at least 36 months. The Committee therefore hopes that the Government will take the necessary steps to bring its legislation into line with the Convention on these points.

[The Government is asked to report in detail in 2003.]

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has noted the information provided in reply to its previous comments.

Article 2, paragraph 2(c) of the Convention. The Committee notes that under section 256 (last paragraph) of Decree No. 328 of 15.2.52, as amended by Decree No. 1487 of 1970, petty officers who have served in the military navy may qualify as able seamen (marinai autorizzati) without passing an examination of proficiency. Please indicate any measures taken or proposed to ensure that no person is granted a certificate of qualification unless he has passed an examination as prescribed.