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 Brazil on 01 September 2022, under Article 22 of the ILO Constitution, Order MTP No. 3.802, of 16 November 2022, published on 18 November 2022, seafarer means any person who works continuously on board a ship to which the MLC, 2006 applies. This definition does not include persons who perform occasional work on board, such as maintenance and repair technicians, scientists, researchers, geologists, inspectors, superintendents, shipowners, pilots, port workers, and “other workers not members of the ship’s crew”. Any doubts as to whether any other category of worker constitutes a seafarer shall be resolved by the competent authority after consultation with the shipowners’ and workers’ representatives.
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.
Pursuant to the report submitted by the Government of Brazil on 01 September 2022, under Article 22 of the ILO Constitution, Section 2(II) of Order MTP No. 3.802 excludes from the definition of ship – in addition to categories excluded by the definition of ship under the Convention – offshore drilling units, production, storage and unloading units flying the Brazilian flag. Any doubts as to whether any other category of vessel constitutes a ship shall be resolved by the competent authority after consultation with the shipowners’ and workers’ representatives.
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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