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II Akty, których publikacja nie jest obowiązkowa

Rada

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DECYZJA RADY

z dnia 14 kwietnia 2005 r.

upoważniająca Państwa Członkowskie do ratyfikowania, w interesie Wspólnoty Europejskiej, Konwencji Międzynarodowej Organizacji Pracy dotyczącej dokumentów tożsamości marynarzy (Konwencja nr 185)

(2005/367/WE)

RADA UNII EUROPEJSKIEJ,

uwzględniając Traktat ustanawiający Wspólnotę Europejską, w szczególności jego art. 62 ust. 2 lit. b) akapit pierwszy, w związku z art. 300 ust. 2 akapit pierwszy zdanie pierwsze i ust. 3 akapit pierwszy,

uwzględniając wniosek Komisji,

uwzględniając opinię Parlamentu Europejskiego (1),

a także mając na uwadze, co następuje:

PRZYJMUJE NINIEJSZĄ DECYZJĘ:

Artykuł 1

Państwa Członkowskie zostają upoważnione do ratyfikowania Konwencji dotyczącej dokumentów tożsamości marynarzy przyjętej w dniu 19 czerwca 2003 r.

Tekst Konwencji jest załączony do niniejszej decyzji.

Artykuł 2

Zgodnie z Traktatem ustanawiającym Wspólnotę Europejską niniejsza decyzja jest skierowana do Państw Członkowskich.

Sporządzono w Luksemburgu, dnia 14 kwietnia 2005 r.

W imieniu Rady

L. FRIEDEN

Przewodniczący

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(1)  Opinia wydana dnia 23 lutego 2005 r. (dotychczas nieopublikowana w Dzienniku Urzędowym).

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ZAŁĄCZNIK

SEAFARERS' IDENTITY DOCUMENTS CONVENTION (REVISED), 2003

The General Conference of the International Labour Organisation,

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 Organisation, which is to promote decent conditions of work, and

Considering that, given the global nature of the shipping industry, seafarers need special protection, and

Recognising 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 Organisation, 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 Organisation 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' organisations concerned.

3.   After consulting the representative organisations 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(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:

3.   Members shall take into account any available guidelines developed by the International Labour Organisation 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:

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 10 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:

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:

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 unauthorised 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 revision 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 Organisation, 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 Organisation.

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 Organisation, 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:

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 organisations 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 authorised 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 Organisation 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' organisations, 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.

Article 6

Facilitation of shore leave and transit and transfer of seafarers

1.   Any seafarer who holds a valid seafarers' identity document issued in accordance with the provisions of this Convention by a Member for which the Convention is in force shall be recognised as a seafarer within the meaning of the Convention unless clear grounds exist for doubting the authenticity of the seafarers' identity document.

2.   The verification and any related inquiries and formalities needed to ensure that the seafarer for whom entry is requested pursuant to paragraphs 3 to 6 or 7 to 9 below is the holder of a seafarers' identity document issued in accordance with the requirements of this Convention shall be at no cost to the seafarers or shipowners.

3.   Verification and any related inquiries and formalities referred to in paragraph 2 above shall be carried out in the shortest possible time provided that reasonable advance notice of the holder’s arrival was received by the competent authorities. The notice of the holder’s arrival shall include the details specified in section 1 of Annex II.

4.   Each Member for which this Convention is in force shall, in the shortest possible time, and unless clear grounds exist for doubting the authenticity of the seafarers' identity document, permit the entry into its territory of a seafarer holding a valid seafarer’s identity document, when entry is requested for temporary shore leave while the ship is in port.

5.   Such entry shall be allowed provided that the formalities on arrival of the ship have been fulfilled and the competent authorities have no reason to refuse permission to come ashore on grounds of public health, public safety, public order or national security.

6.   For the purpose of shore leave seafarers shall not be required to hold a visa. Any Member which is not in a position to fully implement this requirement shall ensure that its laws and regulations or practice provide arrangements that are substantially equivalent.

7.   Each Member for which this Convention is in force shall, in the shortest possible time, also permit the entry into its territory of seafarers holding a valid seafarers' identity document supplemented by a passport, when entry is requested for the purpose of:

8.   Such entry shall be allowed unless clear grounds exist for doubting the authenticity of the seafarers' identity document, provided that the competent authorities have no reason to refuse entry on grounds of public health, public safety, public order or national security.

9.   Any Member may, before permitting entry into its territory for one of the purposes specified in paragraph 7 above, require satisfactory evidence, including documentary evidence of a seafarer’s intention and ability to carry out that intention. The Member may also limit the seafarer’s stay to a period considered reasonable for the purpose in question.

Article 7

Continuous possession and withdrawal

1.   The seafarers' identity document shall remain in the seafarer’s possession at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarer’s written consent.

2.   The seafarers' identity document shall be promptly withdrawn by the issuing State if it is ascertained that the seafarer no longer meets the conditions for its issue under this Convention. Procedures for suspending or withdrawing seafarers' identity documents shall be drawn up in consultation with the representative shipowners' and seafarers' organisations and shall include procedures for administrative appeal.

Article 8

Amendment of the annexes

1.   Subject to the relevant provisions of this Convention, amendments to the Annexes may be made by the International Labour Conference, acting on the advice of a duly constituted tripartite maritime body of the International Labour Organisation. The decision shall require a majority of two-thirds of the votes cast by the delegates present at the Conference, including at least half the Members that have ratified this Convention.

2.   Any Member that has ratified this Convention may give written notice to the Director-General within six months of the date of the adoption of such an amendment that it shall not enter into force for that Member, or shall only enter into force at a later date upon subsequent written notification.

Article 9

Transitional provision

Any Member which is a party to the Seafarers' Identity Documents Convention, 1958, and which is taking measures, in accordance with Article 19 of the Constitution of the International Labour Organisation, with a view to ratification of this Convention may notify the Director-General of its intention to apply the present Convention provisionally. A seafarers' identity document issued by such a Member shall be treated for the purposes of this Convention as a seafarers' identity document issued under it provided that the requirements of Articles 2 to 5 of this Convention are fulfilled and that the Member concerned accepts seafarers' identity documents issued under this Convention.

Final provisions

Article 10

This Convention revises the Seafarers' Identity Documents Convention, 1958.

Article 11

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 12

1.   This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2.   It shall come into force six months after the date on which the ratifications of two Members have been registered with the Director-General.

3.   Thereafter, this Convention shall come into force for any Member six months after the date on which its ratification has been registered.

Article 13

1.   A Member which has ratified this Convention may denounce it after the expiration of 10 years from the date on which the Convention first comes into force, by an act communicated to the Director-General for registration. Such denunciation shall take effect 12 months after the date on which it is registered.

2.   Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of 10 years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, shall be bound for another period of 10 years and, thereafter, may denounce this Convention at the expiration of each period of 10 years under the terms provided for in this Article.

Article 14

1.   The Director-General shall notify all Members of the registration of all ratifications, declarations and acts of denunciation communicated by the Members.

2.   When notifying the Members of the registration of the second ratification of this Convention, the Director-General shall draw the attention of the Members to the date upon which the Convention shall come into force.

3.   The Director-General shall notify all Members of the registration of any amendments made to the Annexes in accordance with Article 8, as well as of notifications relating thereto.

Article 15

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full particulars of all ratifications, declarations and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles.

Article 16

At such times as it may consider necessary, the governing body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part, taking account also of the provisions of Article 8.

Article 17

1.   Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:

2.   This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 18

The English and French versions of the text of this Convention are equally authoritative.

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ANNEX I

Model for seafarers' identity document

The seafarers' identity document, whose form and content are set out below, shall consist of good-quality materials which, as far as practicable, having regard to considerations such as cost, are not easily accessible to the general public. The document shall have no more space than is necessary to contain the information provided for by the Convention.

It shall contain the name of the issuing State and the following statement:

„This document is a seafarers' identity document for the purpose of the Seafarers' Identity Documents Convention (Revised), 2003, of the International Labour Organisation. This document is a stand-alone document and not a passport.”

The data page(s) of the document indicated in bold below shall be protected by a laminate or overlay, or by applying an imaging technology and substrate material that provide an equivalent resistance to substitution of the portrait and other biographical data.

The materials used, dimensions and placement of data shall conform to the International Civil Aviation Organisation (ICAO) specifications as contained in Document 9303 part 3 (second edition, 2002) or Document 9303 part 1 (fifth edition, 2003).

Other security features shall include at least one of the following features:

watermarks, ultraviolet security features, use of special inks, special colour designs, perforated images, holograms, laser engraving, micro-printing, and heat-sealed lamination.

Data to be entered on the data page(s) of the seafarers' identity document shall be restricted to:

The captions on fields on the data page(s) above may be translated into the language(s) of the issuing State. If the national language is other than English, French or Spanish, the captions shall also be entered in one of these languages.

The Roman alphabet should be used for all entries in this document.

The information listed above shall have the following characteristics:

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ANNEX II

Electronic database

The details to be provided for each record in the electronic database to be maintained by each Member in accordance with Article 4(1), (2), (6) and (7) of this Convention shall be restricted to:

Section 1

Section 2

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ANNEX III

Requirements and recommended procedures and practices concerning the issuance of seafarers' identity documents

This Annex sets out minimum requirements relating to procedures to be adopted by each Member in accordance with Article 5 of this Convention, with respect to the issuance of seafarers' identity documents (referred to below as SIDs), including quality-control procedures.

Part A lists the mandatory results that must be achieved, as a minimum, by each Member, in implementing a system of issuance of SIDs.

Part B recommends procedures and practices for achieving those results. Part B is to be given full consideration by Members, but is not mandatory.

Part A — Mandatory results

1.   Production and delivery of blank SIDs

Processes and procedures are in place to ensure the necessary security for the production and delivery of blank SIDs, including the following:

2.   Custody, handling and accountability for blank and completed SIDs

Processes and procedures are in place to ensure the necessary security for the custody, handling and accountability for blank and completed SIDs, including the following:

3.   Processing of applications; suspension or withdrawal of SIDs; appeal procedures

Processes and procedures are in place to ensure the necessary security for the processing of applications, the completion of the blank SIDs into personalised SIDs by the authority and unit responsible for issuing them, and the delivery of the SIDs, including:

4.   Operation, security and maintenance of the database

Processes and procedures are in place to ensure the necessary security for the operation and maintenance of the database, including the following:

5.   Quality control of procedures and periodic evaluations

Part B — Recommended procedures and practices

1.   Production and delivery of blank SIDs

2.   Custody, handling and accountability for blank and completed SIDs

3.   Processing of applications; suspension or withdrawal of SIDs; appeal procedures

4.   Operation, security and maintenance of the database

5.   Quality control of procedures and periodic evaluations

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