B15. How can a national authority make a determination if there are no national organizations of shipowners or seafarers?
There could be cases where it is not clear whether a category of workers are to be regarded as “seafarers” covered by the Convention [see B1.] and also cases where it is not clear whether a particular ship or category of ships is to be covered by the Convention [see B4.]. There are also some provisions allowing exemptions or other flexibility in the application of the Convention [see B7.]. In these cases, the national competent authority [see A25.] must make a determination on the question after consultation with the shipowners’ and seafarers’ organizations concerned [see B7.]. However, in some countries there may not yet be organizations that represent shipowners or seafarers. Article VII of the MLC, 2006 sets out a solution by providing for consultation with the Special Tripartite Committee established under Article XIII of the Convention [see A22.]. In April 2014, this Committee held its first meeting where it adopted arrangements to allow countries to carry out this consultation. Information about these arrangements are available on the ILO MLC, 2006 website under the heading “Special Tripartite Committee” at: www.ilo.org/mlc.Questions about the workers and the ships covered by the MLC, 2006