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 the Merchant Marine Circular MMC-265 of the Panama Maritime Authority concerning Maritime Labour Convention, 2006 (MLC, 2006) - Occupational
Groups (DEFINITIONS), of 21 January 2013, the following persons or category of persons are not considered as seafarers:
- Port pilots
- Port workers
- Ship surveyors
- Superintendents
- Workers subject to the special working regime of the Panama Canal Authority
- Technical staff operating offshore drilling platforms or MODU; except those
individuals that because of their training and qualifications, are covered by the provisions of the STCW Convention.
- Armed personnel
- Scientists
- Researchers
- Divers
- Cadets
- Specialist off-shore technicians, and others whose work is not part of the routine operation of the ship
- Any other person or category of persons as indicated by the Administration.
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
