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 2 of the Merchant Shipping (Maritime Labour Convention 2006) Regulations (LN No.4 of 2013), the term "seafarer" does not include the following:
- scientists, researchers, divers, specialist off-shore technicians etc.
whose work is not part of the routine business of the ship;
- harbour pilots, inspectors, surveyors, auditors, superintendents etc. Who although trained and qualified in maritime skills and perform key specialist functions, their work is not part of the routine business of the ship;
- guest entertainers, repair technicians, port workers whose work is occasional and short term with their principal place of employment being ashore;
- non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel.
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
