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 Article 1.2 of the Regulation of the Minister of Infrastructure and Environment, on October 12, 2012, no. IENM/BSK-2012/158694, laying down rules on housing of seafarers on board and any other issues and amend certain arrangements for the implementation of the Maritime Labour Convention, 2006, and Directive 2009/13/EC (regulation on seafarers), the following persons are not considered seafarers:
a.Passengers;
b.Family members or relatives of seafarers who are travelling with them;
c.Members of the armed forces, inspectors and pilots;
d.Persons who are on board solely within a harbour or at a harbour facility;
e.Other persons whose activities do not form part of the normal activities on board the vessel.
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.
A national determination was made that seagoing ships which serve as harbour tugs, will not be regarded as seagoing vessels for the period in which they serve in port. During that period, the MLC, 2006 is not applicable.
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.
The Regulation of the Minister of Infrastructure and Environment, on October 12, 2012, no. IENM/BSK-2012/158694, laying down rules on housing of seafarers on board and any other issues and amend certain arrangements for the implementation of the Maritime Labour Convention , 2006, and Directive 2009/13/EC (regulation on seafarers) provides in section 1.3(1) exceptions for certain categories of ships:
“1. Section 3 of this regulation [on housing and facilities for seafarers on board] shall not apply to the following vessels:
a. vessels whose keel was laid or the construction was at a similar stage of development for the entry into force of Article XII of the Act of July 6, 2011 on implementation concluded in Geneva on February 23, 2006 Maritime Labour Convention, 2006 ( Trb. 2007, 93) […]”
