2005. évi CII. törvény
a Nemzetközi Munkaügyi Szervezet Általános Konferenciája 91. ülésszakán elfogadott, a tengerészek személyazonosító okmányairól szóló 185. számú Egyezmény kihirdetéséről1
1. § Az Országgyűlés a Nemzetközi Munkaügyi Szervezet Általános Konferenciája 91. ülésszakán elfogadott, a tengerészek személyazonosító okmányairól szóló 185. számú Egyezményt (a továbbiakban: Egyezmény) e törvénnyel kihirdeti.
[A Magyar Köztársaság megerősítő okiratának letétbe helyezése a Nemzetközi Munkaügyi Hivatal Főigazgatójánál 2005. március hó 30. napján megtörtént. Az Egyezmény a Magyar Köztársaság vonatkozásában 2005. szeptember 30. napján lép hatályba.]
2. § Az Egyezmény hiteles angol nyelvű szövege és hivatalos magyar nyelvű fordítása a következő:
„C185 Seafarers’ Identity Documents Convention (Revised), 2003
The General Conference of the International Labour Organization,
having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninety-first Session on 3 June 2003, and Mindful of the continuing threat to the security of passengers and crews and the safety of ships, to the national interest of States and to individuals, and
mindful also of the core mandate of the Organization, which is to promote decent conditions of work, and
considering that, given the global nature of the shipping industry, seafarers need special protection, and
recognizing the principles embodied in the Seafarers’ Identity Documents Convention, 1958, concerning the facilitation of entry by seafarers into the territory of Members, for the purposes of shore leave, transit, transfer or repatriation, and
noting the Convention on the Facilitation of International Maritime Traffic, 1965, as amended, of the International Maritime Organization, in particular, Standards 3.44 and 3.45, and
noting further that United Nations General Assembly Resolution A/RES/57/219 (Protection of human rights and fundamental freedoms while countering terrorism) affirms that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law, and
being aware that seafarers work and live on ships involved in international trade and that access to shore facilities and shore leave are vital elements of seafarers’ general well-being and, therefore, to the achievement of safer shipping and cleaner oceans, and
being aware also that the ability to go ashore is essential for joining a ship and leaving after the agreed period of service, and
noting the amendments to the International Convention for the Safety of Life at Sea, 1974, as amended, concerning special measures to enhance maritime safety and security, that were adopted by the International Maritime Organization Diplomatic Conference on 12 December 2002, and
having decided upon the adoption of certain proposals with regard to the improved security of seafarers’ identification, which is the seventh item on the agenda of the session, and
having decided that these proposals shall take the form of an international Convention revising the Seafarers’ Identity Documents Convention, 1958,
adopts this nineteenth day of June of the year two thousand and three, the following Convention, which may be cited as the Seafarers’ Identity Documents Convention (Revised), 2003.
Article 1
SCOPE
1. For the purposes of this Convention, the term seafarer means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation.
2. In the event of any doubt whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined in accordance with the provisions of this Convention by the competent authority of the State of nationality or permanent residence of such persons after consulting with the shipowners’ and seafarers’ organizations concerned.
3. After consulting the representative organizations of fishing-vessel owners and persons working on board fishing vessels, the competent authority may apply the provisions of this Convention to commercial maritime fishing.
Article 2
ISSUANCE OF SEAFARERS’ IDENTITY DOCUMENTS
1. Each Member for which this Convention is in force shall issue to each of its nationals who is a seafarer and makes an application to that effect a seafarers’ identity document conforming to the provisions of Article 3 of this Convention.
2. Unless otherwise provided for in this Convention, the issuance of seafarers’ identity documents may be subject to the same conditions as those prescribed by national laws and regulations for the issuance of travel documents.
3. Each Member may also issue seafarers’ identity documents referred to in paragraph 1 to seafarers who have been granted the status of permanent resident in its territory. Permanent residents shall in all cases travel in conformity with the provisions of Article 6, paragraph 7.
4. Each Member shall ensure that seafarers’ identity documents are issued without undue delay.
5. Seafarers shall have the right to an administrative appeal in the case of a rejection of their application.
6. This Convention shall be without prejudice to the obligations of each Member under international arrangements relating to refugees and stateless persons.
Article 3
CONTENT AND FORM
1. The seafarers’ identity document covered by this Convention shall conform - in its content - to the model set out in Annex I hereto. The form of the document and the materials used in it shall be consistent with the general specifications set out in the model, which shall be based on the criteria set out below. Provided that any amendment is consistent with the following paragraphs, Annex I may, where necessary, be amended in accordance with Article 8 below, in particular to take account of technological developments. The decision to adopt the amendment shall specify when the amendment will enter into effect, taking account of the need to give Members sufficient time to make any necessary revisions of their national seafarers’ identity documents and procedures.
2. The seafarers’ identity document shall be designed in a simple manner, be made of durable material, with special regard to conditions at sea and be machine-readable. The materials used shall:
a) prevent tampering with the document or falsification, as far as possible, and enable easy detection of alterations; and
b) be generally accessible to governments at the lowest cost consistent with reliably achieving the purpose set out in a) above.
3. Members shall take into account any available guidelines developed by the International Labour Organization on standards of the technology to be used which will facilitate the use of a common international standard.
4. The seafarers’ identity document shall be no larger than a normal passport.
5. The seafarers’ identity document shall contain the name of the issuing authority, indications enabling rapid contact with that authority, the date and place of issue of the document, and the following statements:
a) this document is a seafarers’ identity document for the purpose of the Seafarers’ Identity Documents Convention (Revised), 2003, of the International Labour Organization; and
b) this document is a stand-alone document and not a passport.
6. The maximum validity of a seafarers’ identity document shall be determined in accordance with the laws and regulations of the issuing State and shall in no case exceed ten years, subject to renewal after the first five years.
7. Particulars about the holder included in the seafarer’s identity document shall be restricted to the following:
a) full name (first and last names where applicable);
b) sex;
c) date and place of birth;
d) nationality;
e) any special physical characteristics that may assist identification;
f) digital or original photograph; and
g) signature.
8. Notwithstanding paragraph 7 above, a template or other representation of a biometric of the holder which meets the specification provided for in Annex I shall also be required for inclusion in the seafarers’ identity document, provided that the following preconditions are satisfied:
a) the biometric can be captured without any invasion of privacy of the persons concerned, discomfort to them, risk to their health or offence against their dignity;
b) the biometric shall itself be visible on the document and it shall not be possible to reconstitute it from the template or other representation;
c) the equipment needed for the provision and verification of the biometric is user-friendly and is generally accessible to governments at low cost;
d) the equipment for the verification of the biometric can be conveniently and reliably operated in ports and in other places, including on board ship, where verification of identity is normally carried out by the competent authorities; and
e) the system in which the biometric is to be used (including the equipment, technologies and procedures for use) provides results that are uniform and reliable for the authentication of identity.
9. All data concerning the seafarer that are recorded on the document shall be visible. Seafarers shall have convenient access to machines enabling them to inspect any data concerning them that is not eye-readable. Such access shall be provided by or on behalf of the issuing authority.
10. The content and form of the seafarers’ identity document shall take into account the relevant international standards cited in Annex I.
Article 4
NATIONAL ELECTRONIC DATABASE
1. Each Member shall ensure that a record of each seafarers’ identity document issued, suspended or withdrawn by it is stored in an electronic database. The necessary measures shall be taken to secure the database from interference or unauthorized access.
2. The information contained in the record shall be restricted to details which are essential for the purposes of verifying a seafarers’ identity document or the status of a seafarer and which are consistent with the seafarer’s right to privacy and which meet all applicable data protection requirements. The details are set out in Annex II hereto, which may be amended in the manner provided for in Article 8 below, taking account of the need to give Members sufficient time to make any necessary revisions of their national database systems.
3. Each Member shall put in place procedures which will enable any seafarer to whom it has issued a seafarers’ identity document to examine and check the validity of all the data held or stored in the electronic database which relate to that individual and to provide for correction if necessary, at no cost to the seafarer concerned.
4. Each Member shall designate a permanent focal point for responding to inquiries, from the immigration or other competent authorities of all Members of the Organization, concerning the authenticity and validity of the seafarers’ identity document issued by its authority. Details of the permanent focal point shall be communicated to the International Labour Office, and the Office shall maintain a list which shall be communicated to all Members of the Organization.
5. The details referred to in paragraph 2 above shall at all times be immediately accessible to the immigration or other competent authorities in member States of the Organization, either electronically or through the focal point referred to in paragraph 4 above.
6. For the purposes of this Convention, appropriate restrictions shall be established to ensure that no data - in particular, photographs - are exchanged, unless a mechanism is in place to ensure that applicable data protection and privacy standards are adhered to.
7. Members shall ensure that the personal data on the electronic database shall not be used for any purpose other than verification of the seafarers’ identity document.
Article 5
QUALITY CONTROL AND EVALUATIONS
1. Minimum requirements concerning processes and procedures for the issue of seafarers’ identity documents, including quality-control procedures, are set out in Annex III to this Convention. These minimum requirements establish mandatory results that must be achieved by each Member in the administration of its system for issuance of seafarers’ identity documents.
2. Processes and procedures shall be in place to ensure the necessary security for:
a) the production and delivery of blank seafarers’ identity documents;
b) the custody, handling and accountability for blank and completed seafarers’ identity documents;
c) the processing of applications, the completion of the blank seafarers’ identity documents into personalized seafarers’ identity documents by the authority and unit responsible for issuing them and the delivery of the seafarers’ identity documents;
d) the operation and maintenance of the database; and
e) the quality control of procedures and periodic evaluations.
3. Subject to paragraph 2 above, Annex III may be amended in the manner provided for in Article 8, taking account of the need to give Members sufficient time to make any necessary revisions to their processes and procedures.
4. Each Member shall carry out an independent evaluation of the administration of its system for issuing seafarers’ identity documents, including quality-control procedures, at least every five years. Reports on such evaluations, subject to the removal of any confidential material, shall be provided to the Director-General of the International Labour Office with a copy to the representative organizations of shipowners and seafarers in the Member concerned. This reporting requirement shall be without prejudice to the obligations of Members under article 22 of the Constitution of the International Labour Organisation.
5. The International Labour Office shall make these evaluation reports available to Members. Any disclosure, other than those authorized by this Convention, shall require the consent of the reporting Member.
6. The Governing Body of the International Labour Office, acting on the basis of all relevant information in accordance with arrangements made by it, shall approve a list of Members which fully meet the minimum requirements referred to in paragraph 1 above.
7. The list must be available to Members of the Organization at all times and be updated as appropriate information is received. In particular, Members shall be promptly notified where the inclusion of any Member on the list is contested on solid grounds in the framework of the procedures referred to in paragraph 8.
8. In accordance with procedures established by the Governing Body, provision shall be made for Members which have been or may be excluded from the list, as well as interested governments of ratifying Members and representative shipowners’ and seafarers’ organizations, to make their views known to the Governing Body, in accordance with the arrangements referred to above and to have any disagreements fairly and impartially settled in a timely manner.
9. The recognition of seafarers’ identity documents issued by a Member is subject to its compliance with the minimum requirements referred to in paragraph 1 above.