Article II(3)
In the event of doubt as to whether any categories of persons are to be
regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.
Under section 14 of the Navigation Act 2012 (No. 128, 2012), the following are excluded from the term "seafarer":
- a licensed pilot of the vessel (acting as such a pilot);
- an owner of the vessel or a person (except the master)
representing the owner;
- law enforcement personnel (in their capacity as law
enforcement personnel);
- if the vessel is a special purpose vessel—special personnel in
relation to the vessel;
- a person temporarily employed on the vessel in port;
- a person prescribed by the regulations.
The term "special personnel" is defined under section 14 as a person who is carried on board the vessel in connection with the special purpose of the vessel, which is further defined under section 18 of the Act.
Article II(5)
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.
None
Article II(6)
Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.
None
