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.
Article 3 of Decree of the Ministry of Infrastructure and Transport No. 25 of 25.2.2025 establishes the following:
1. In addition to port pilots, those who have a regular employment contract with parties other than those indicated in paragraph 2 of Article 2, insurance coverage, pension and healthcare, or who are self-employed, and who occasionally carry out specialized activities on board ships that are not part of ship services and routine ship activities and whose primary place of work is on land, are not considered seafarers. These include:
a. Mooring men/boatmen;
b. Port workers;
c. Inspectors from recognized organizations;
d. Technicians for repairs and maintenance;
e. Special personnel;
f. Industrial personnel;
g. Surveyors;
h. GPG (Guardie Particolari Giurate) and PCAPS (Privately contracted armed security personnel);
i. Representatives of shipowners/clients;
j. Shipbrokers and maritime agencies;
k. Inspectors from shipping companies;
l. Scuba divers (sommozzatori);
m. Deep-sea divers (palombari);
n. Port State Control Officers (PSCO);
o. Flag State Control Officers (FSCO);
p. Representatives of maritime, customs, security, and police authorities
q. Artists who work on board occasionally and their support staff.
2. This list is not exhaustive; any further interpretative doubts regarding whether personnel working on board should be considered seafarers must be resolved by applying the principle of the habitual nature of work on board, excluding those who, having their main place of work on land, carry out occasional work on board that does not fall within the ship's services and routine activities of 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.
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
