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.
In its 2015 report, the Government indicated that it had already determined that persons who are on board and work or are occupied for its account, such as armed private guards, pilots, port workers, inspectors, repair technicians/work group staff are not to be considered seafarers for the purpose of the implementation of the requirements of the Convention.
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.
In its 2015 report, the Government indicated that it has been determined that ships operating among ports or consecutive bays in a distance not beyond six n.m. are not to be considered as ships for the purpose of the Convention. The aforementioned provision was deemed necessary in order to specify the meaning of the term "within or closely adjacent to sheltered waters".
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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