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.
Following tripartite consultations, it was decided that the default position was that Privately Contracted Armed Security Personnel (PCASP) should not count as seafarers, provided it could be evidenced that there was equivalent protection in place for them provided by the employer. Taking into account the fact that their short-term presence onboard a ship was the norm, it was noted that, in cases of extended durations, the result may be different.
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.
The MLC Survey & Certification Regulations do not apply to pleasure vessels, fishing vessels, ships of traditional build, warships or naval auxiliaries and ships not ordinarily engaged in commercial activities. Otherwise, the arrangements in this notice apply to all UK ships unless they operate exclusively from a UK port on domestic voyages within 60 nautical miles of a UK safe haven.
After tripartite consultation, while not specifically excluded from the legislation, it was agreed that it would not be enforced on Mobile Offshore Drilling Units (MODUs) when on station, and Accommodation ships when secured to the sea bed, for significant periods.
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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