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 of the Maritime Labour Act(Seearbeitsgesetz – SeeArbG), the following shall not be deemed to be seafarers:
- pilots, as well as persons carrying out advisory or inspection activities on behalf of the Federation, of a Land or of another public-law corporation on board,
- persons who work on board on behalf of a shipyard or of a systems manufacturer as a rule 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,
- persons who work on board as a rule for no longer than 96 hours in order to carry out repairs or maintenance work which is urgently needed which cannot or may not be carried out by the crew members themselves,
- shipowners and cargo inspectors who, on the basis of the itinerary, are not to work on board for more than 72 hours as a rule,
- artistes who work on board for the entertainment of the passengers for no more than 72 hours,
- scientists who work on board ships temporarily,
- persons who are 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,
- pupils at technical schools or students at universities or universities of applied sciences undergoing training at training facilities established in accordance with Land law and undergoing practical training and sea-service experience on a ship for this purpose,
- pupils who are serving an internship on board within provisions of Land law,
- pupils who, through the mediation of the German Shipowners’ Association, are granted an insight into the practice of seafaring professions during the school holidays without such persons working on board on a contractual basis,
- helmsmen on the Kiel Canal, and
- security staff of private security companies licensed in accordance with the Trade Regulation Code (Gewerbeordnung).
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.
Under section 1 of the Maritime Labour Act (Seearbeitsgesetz – SeeArbG), the following will not be considered ships for the purpose of application of the requirements of MLC, 2006: recreational crafts used on a commercial basis which are less than 24 meters long if no more than two persons are employed on them.
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.
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