C133 - Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Subject MatterSeafarers,Gens de mer,Gente de mar
CourtInternational Labour Organization
Preamble

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and

Noting that the Accommodation of Crews Convention (Revised), 1949, lays down detailed specifications concerning such matters as sleeping accommodation, mess and recreation rooms, ventilation, heating, lighting and sanitary facilities on board ship, and

Considering that in the light of the rapidly changing characteristics of both the construction and the operation of modern ships further improvements in crew accommodation can be provided, and

Having decided upon the adoption of certain proposals with regard to crew accommodation, which is the second item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention supplementing the Accommodation of Crew Convention (Revised), 1949,

adopts this thirtieth day of October of the year one thousand nine hundred and seventy the following Convention, which may be cited as the Accommodation of Crews (Supplementary Provisions) Convention, 1970:

PART I. GENERAL PROVISIONS
Article 1
  1. 1. This Convention applies to every sea-going ship, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose, which is registered in a territory for which this Convention is in force, and of which the keel is laid, or which is at a similar stage of construction, on or after the date of coming into force of the Convention for that territory.
  2. 2. National laws or regulations shall determine when ships are to be regarded as sea-going ships for the purpose of this Convention.
  3. 3. This Convention applies to tugs where reasonable and practicable.
  4. 4. This Convention does not apply to--
    • (a) ships of less than 1,000 tons;
    • (b) ships primarily propelled by sail, whether or not they are fitted with auxiliary engines;
    • (c) ships engaged in fishing or in whaling or in similar pursuits;
    • (d) hydrofoils and air-cushion craft.
  5. 5. Provided that the Convention shall be applied where reasonable and practicable to--
    • (a) ships between 200 and 1,000 tons; and
    • (b) the accommodation of persons engaged in usual sea-going routine in ships engaged in whaling or in similar pursuits.
  6. 6. Provided also that any of the requirements applicable by virtue of Article 3 of this Convention may be varied in the case of any ship if the competent authority is satisfied, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, that the variations to be made provide corresponding advantages as a result of which the over-all conditions are not less favourable than those which would result from the full application of the provisions of the Convention; particulars of all such variations shall be communicated by the Member concerned to the Director-General of the International Labour Office.
  7. 7. Provided further that the competent authority shall, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, determine the extent to which it is appropriate, taking into consideration the need for off-duty accommodation, to make exceptions or to diverge from the provisions of this Convention in the case of--
    • (a) sea-going ferries, feeder ships and similar ships which are not continuously manned with one permanent crew;
    • (b) sea-going ships when repair personnel are carried temporarily in addition to the ship's crew;
    • (c) sea-going ships engaged on short voyages which allow members of the crew to go home or to make use of comparable facilities for part of each day.
Article 2

In this Convention--

  • (a) the term ship means a vessel to which the Convention applies;
  • (b) the term tons means gross register tons;
  • (c) the term passenger ship means a ship in respect of which there is in force either (i) a passenger ship safety certificate issued in accordance with the provisions of the International Convention for the Safety of Life at Sea for the time being in force, or (ii) a passenger certificate;
  • (d) the term officer means a person other than a master ranked as an officer by national laws or regulations, or, in the absence of any relevant laws or regulations, by collective agreement or custom;
  • (e) the term rating means a member of the crew other than an officer;
  • (f) the term petty officer means a rating serving in a supervisory position or position of special responsibility who is classed as petty officer by national laws or regulations, or, in the absence of any relevant laws or regulations, by collective agreement or custom;
  • (g) the term adult means a person who is at least 18 years of age;
  • (h) the term crew accommodation includes such sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation and recreation accommodation as are provided for the use of the crew;
  • (i) the term prescribed means prescribed by national laws or regulations or by the competent authority;
  • (j) the term approved means approved by the competent authority;
  • (k) the term re-registered means re-registered on the occasion of a simultaneous change in the territory of registration and ownership of the ship.
Article 3

Each Member for which this Convention is in force undertakes to comply, in respect of ships to which this Convention applies, with--

  • (a) the provisions of Parts II and III of the Accommodation of Crews Convention (Revised), 1949; and
  • (b) the provisions of Part II of this Convention.
Article 4
  1. 1. Each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure its application.
  2. 2. The laws or regulations shall--
    • (a) require the competent authority to...

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