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.
Pursuant to the report submitted by the Government of Jamaica on 10 August 2020, and the information accessible on the Government's website (https://www.japarliament.gov.jm/) outlining amendments to the Shipping Act (2020), the term "seafarer," as defined in Part VII, section 2, shall: (a) include any person engaged by or on behalf of the owner of a ship to perform any work on board a ship (for example, manning the operations of the ship, shop-keeping, providing entertainment or food services, bartending, cosmetology or any form of hospitality); and(b) exclude any person engaged
solely to perform a task which is not part of the routine operations of the ship or part of the services or amenities offered on board the ship.
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.
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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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