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.
The Director General of the Merchant Marine establishes that the persons cited below are not considered "seafarers" under the Convention:
- Port and dock workers;
- Harbor pilots;
- State ship inspectors and auditors;
- Repair shops and repair teams, technical services, support services and maintenance and cleaning services;
- Inspectors and shipyard personnel during the term of the guarantee for the delivery of the vessel;
- Guest artists and catering staff who work occasionally on board and in short intervals;
- Classification Society inspectors;
- Shipping inspectors who do not perform regular work or guards on board who are not in the manning document;
- Family members of seafarers;
- Private armed guards who are on board occasionally and for determined trips;
- Forces and state security bodies that are on board occasionally and for determined trips.
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.
The Director General of the Merchant Marine determines that the Convention does not apply to:
- Fishing vessels;
- Recreational vessels registered in Lists 6 and 7 of the Central Shipping Registry;
- Ships of traditional and artisan construction;
- War vessels and naval auxiliary units and vessels assigned to security forces;
- Vessels assigned to the Red Cross.
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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