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 Thirty-second Session on 8 June 1949, and
Having decided upon the adoption of certain proposals with regard to the partial revision of the Accommodation of Crews Convention, 1946, adopted by the Conference at its Twenty-eighth Session, which is included in the twelfth item on the agenda of the session, and
Considering that these proposals must take the form of an international Convention,
adopts this eighteenth day of June of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Accommodation of Crews Convention (Revised), 1949:
1. This Convention applies to every sea-going mechanically propelled vessel, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade and is registered in a territory for which this Convention is in force.
2. National laws or regulations shall determine when vessels are to be regarded as sea-going vessels for the purpose of this Convention.
3. This Convention does not apply to:
a) vessels of less than 500 tons;
b) vessels primarily propelled by sail but having auxiliary engines;
c) vessels engaged in fishing or in whaling or in similar pursuits;
4. Provided that the Convention shall be applied where reasonable and practicable to:
a) vessels between 200 and 500 tons; and
b) the accommodation of persons engaged in usual sea-going routine in vessels engaged in whaling or in similar pursuits.
5. Provided also that any of the requirements contained in Part III 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 to the Director-General of the International Labour Office, who shall notify the Members of the International Labour Organisation.
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 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 crew accommodation includes such sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation and recreation accommodation as are provided for the use of the crew;
h) the term prescribed means prescribed by national laws or regulations or by the competent authority;
i) the term approved means approved by the competent authority;
j) the term re-registered means re-registered on the occasion of a simultaneous change in the territory of registration and ownership of the vessel.
1. Each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention.
2. The laws or regulations shall:
a) require the competent authority to bring them to the notice of all persons concerned;
b) define the persons responsible for compliance therewith;
c) prescribe adequate penalties for any violation thereof;
d) provide for the maintenance of a system of inspection adequate to ensure effective enforcement;
e) require the competent authority to consult the organisations of shipowners and/or the shipowners and the recognised bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.
1. Before the construction of a ship is begun a plan of the ship, showing on a prescribed scale the location and general arrangement of the crew accommodation, shall be submitted for approval to the competent authority.
2. Before the construction of the crew accommodation is begun and before the crew accommodation in an existing ship is altered or reconstructed, detailed plans of, and information concerning, the accommodation, showing on a prescribed scale and in prescribed detail the allocation of each space, the disposition of furniture and fittings, the means and arrangement of ventilation, lighting and heating, and the sanitary arrangements, shall be submitted for approval to the competent authority: Provided that in the case of emergency or temporary alterations or reconstruction effected outside the territory of registration it shall be sufficient compliance with this provision if the plans are subsequently submitted for approval to the competent authority.
On every occasion when:
a) a ship is registered or re-registered,
b) the crew accommodation of a ship has been substantially altered or reconstructed, or
c) complaint has been made to the competent authority in the prescribed manner and in time to prevent any delay to the vessel by a recognised bona fide trade union of seafarers representing all or part of the crew or by a prescribed number or proportion of the members of the crew of the ship that the crew accommodation is not in compliance with the terms of this Convention,
the competent authority shall inspect the ship and satisfy itself that the crew accommodation complies with the requirements of the laws and regulations.