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 Marine Notice MLC 2006-001, Rev. 00/13 of the Directorate of Maritime Affairs concerning Implementation, Inspections and Certification under the Maritime Labor Convention (MLC), 2006, the Togo Maritime Administration considers that the following persons will not generally be considered as seafarers for the purpose of the MLC, 2006:
- Professional Pilots;
- Port Workers;
- Guest entertainers;
- Ship Inspectors/Surveyors;
- Ship Superintendents;
- Repair and maintenance technicians; and
- Temporary riding crew such as Suez Canal crew.
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
