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.
By note verbal addressed to the ILO Director-General and dated 05 August 2013, Japan will not regard persons who are not regarded as seafarers under the Mariners Act of Japan to be seafarers for the purpose of this Convention. Such persons include:
- harbour pilots and other persons that are specialists whose work is not part of the routine business of the ship; and
- guest entertainers, repair technicians and other persons who perform work that is occasional and short term, with their principal place of employment being onshore.
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.
By note verbal addressed to the ILO Director-General and dated 05 August 2013, Japan will not apply this Convention to ships of less than 200 gross tonnage and ships for ships for which owners only employ relatives residing with such owners.
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.
By note verbal addressed to the ILO Director-General and dated 05 August 2013, Japan will not apply the provisions of Regulation 3.1 and Standard A3.1 of the Convention to ships of less than 200 gross tonnage not engaged in international voyages.
