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.
After tripartite consultations, a national determination as been made that private armed security personnel are not seafarers.
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.
After tripartite consultations, a national determination was agreed on that the MLC, 2006 would not be enforced on Mobile Offshore Drilling Units (MODUs) and Accommodation ships when on station.
The Merchant Shipping (Maritime Labour Convention) Regulations 2013 also provides that:“(3) These Regulations do not apply to – (a) pleasure vessels; (b) ships engaged in fishing or similar pursuits; (c) ships of traditional build such as dhows and junks; (d) warships or naval auxiliaries; or (e) Manx ships which navigate exclusively within 60 nautical miles of the Island’s coast.”
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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