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 3(1) of the Merchant Shipping (Maritime Labour Convention) Regulations 2015, seafarer means any person, including a Master, who is employed or engaged or works in any capacity on board a ship, but does not include:
(a) A person undergoing training in a sail training vessel or
(b) A person who is on board a sail training vessel other than for training but-
(i) Is not engaged in or responsible for the navigation of the vessel; and
(ii)Has no emergency safety responsibilities on the vessel, or
(c)A pilot;
(d)A person carrying out advisory or inspection activities on behalf of the Administration or public body on board;
(e)A person who works on board on behalf of a shipyard or of a systems manufacturer for no longer than 96 hours in order to implement warrantee or guarantee work or other work necessary on board or to give instructions to the crew;
(f) A person who works on board for less than 96 hours in order to carry out repairs or maintenance work urgently needed and which cannot be carried out by the crew members themselves;
(g) A shipowner or his or her employees who, on the basis of the itinerary, is not permitted to work on board for more than 72 hours;
(h) A cargo inspector who, on the basis of the itinerary, are not permitted to work on board for more than 72 hours;
(i) A person working on board for the entertainment of the passengers for a period not exceeding 72 hours;
(j) A scientist who works on board temporarily;
(k) A person who is on a ship in order to carry out special activities from there in order to construct, alter or operate structures, artificial islands or other systems at sea;
(l) A pupil who is serving an internship on board from technical and nautical schools and universities;
(m) A student of any university undergoing training at training facilities and undergoing practical training and sea-service experience on a ship for this purpose; or
(n) A pupil who is granted an insight into the practice of seafaring professions during the school holidays without such persons working on board on a contractual basis;
(o) A helmsman on the Kiel Canal; or
(p) A security staff of a licensed private security company
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
