Summary pursuant to sections 52 to 55 of the Constitution.
Keywords foreign and European Affairs, agreement INTERNATIONAL, MULTILATERAL agreement, organization International Labour, ILO, sea, ship, crew TRANSPORT, MARIN, housing, standard, rule of CONSTRUCTION, offence, punishment JORF n ° 0291 December 16, 2010 page 22018 text no. 7 order No. 2010-1547 of December 14, 2010, on the publication of convention no. 133 of the international organization of work regarding accommodation of the crew on board vessels (supplementary provisions) adopted at Geneva on 30 October 1970 (1) NOR: MAEJ1030325D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/12/14/MAEJ1030325D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2010/12/14/2010-1547/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of State, Minister of foreign and European Affairs, pursuant to the Constitution, particularly articles 52 to 55.
Considering Decree No. 51 - 1351 of November 21, 1951, on the publication of the Convention work no 92 concerning the accommodation of the crew on Board (revised 1949), adopted by the international conference of labour in its 32nd session, in Geneva, on 18 June 1949;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 more on this article...

Convention no. 133 of the International Labour Organization concerning housing of crew members on vessels (supplementary provisions), adopted at Geneva on October 30, 1970, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of State, Minister of foreign and European Affairs, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Annex C O N V E N T I O N No. 1 3 3 of the Organization International of work concerning the accommodation of the crew on Board of ships (additional provisions) the accommodation of the crew on board vessels (supplementary provisions) Convention.
The General Conference of the International Labour Organization, convened at Geneva by the governing body of the international office work and having met on October 14, 1970, at its fifty-fifth session;
Noting that the accommodation of crews convention (revised), 1949, sets detailed standards in relation to issues such as sleeping rooms, mess rooms and recreation rooms, ventilation, heating, lighting and sanitary facilities on vessels;
Whereas the rapid evolution of the characteristics of the construction and the operation of modern vessels to consider further improvements in the accommodation of crews;
After deciding to adopt various proposals relating to the accommodation of crews, which is the second item in the agenda of the session;
Having determined that these proposals shall take the form of an international convention supplementing convention on the accommodation of crews (revised), 1949, adopts this thirtieth day of October one thousand nine hundred and seventy, the following convention, which may be cited as Convention on the accommodation of crews (supplementary provisions), 1970: part I. — General provisions Article 1 1. This convention applies to any ship, property, public or private, assigned, for commercial purposes, for the carriage of goods or passengers, or used for any other commercial purpose, which is registered in a territory for which this convention is in force, and which has been asked — or which is at a similar stage ― on the date of entry into force of the convention for that territory on or after the construction.
2. the national legislation define when a vessel shall be deemed vessel for the purposes of the application of this convention.
3. this convention applies to tugs where reasonable and practicable.
4. this convention does not apply: a) in ships of less than 1,000 tons;
(b) to ships which sail is the main means of propulsion, what they are or not fitted with an auxiliary machine;
(c) to vessels engaged in fishing, whaling or similar operations; hunting
(d) to ships hydrofoils and hovercraft.
5. However, this convention shall apply, insofar as this is reasonable and practicable: a) to vessels of 200 to 1,000 tons;
(b) to housing for persons employed in the normal work of the edge on ships assigned to hunting whaling or similar operations.
6. in addition, it may be waived with respect to any vessel, the full implementation of one any requirements referred to in article 3 of the convention if, after consultation with the organisations of shipowners and/or the shipowners and organizations recognized bona fide seafarers, the competent authority finds that the conditions of the derogation will result in benefits which have the effect of establishing conditions which , overall, are not less favourable than those which would have resulted from the full implementation of the convention. Details on all such derogations shall be communicated by the Member concerned to the Director-general of the international labour office.
7. in addition, the competent authority shall determine, after consultation with the organisations of shipowners and/or shipowners and the organizations recognized bona fide seafarers, to what extent it is appropriate, taking into account needs of premises for staff outside working time, make exceptions or to deviate from the provisions of the present convention in regard to (: a) ferries from sea, refuellers and similar vessels which are not continuously by the same permanent crew;
b) sea-going vessels, when repair service staff is temporarily embedded in addition to the crew of the ship;
(c) the sea vessels assigned to short duration trips which allow, every day, to the members of the crew either to return to their homes, similar benefits.
Article 2 in view of the implementation of the convention: a) the word "vessel" means any vessel to which the convention applies;
(b) the term "barrels" means the gross tonnage;
(c) the term "passenger vessel" means any vessel for which is valid: (i) either a safety certificate passenger ship issued in accordance with the provisions in force of the International Convention for the safeguarding of human life at sea;
(ii) either a certificate for the carriage of passengers;
(d) the term "officer" means any person, excluding the captain, having officer rank according to national legislation or, in the absence of such legislation, according to the collective agreement or custom;
(e) the term 'junior staff' means any member of the crew other than an officer;
(f) the term "petty staff member" means any member of the subordinate staff exercising a supervisory role or a special responsibility, and which is considered as such by national law or, in the absence of such legislation, by collective agreement or custom;
(g) the term "adult" applies to anyone aged eighteen years at least;
(h) the term "crew accommodation" includes the positions of sleeping, mess rooms, sanitary facilities, infirmaries and recreational sites provided for use by the crew;
(i) the term "prescribed" means prescribed by national legislation or by the competent authority;
(j) the term "approved" means approved by the competent authority;
(k) the term "new registration" means new registration on the occasion of a simultaneous change of flag and ownership of a vessel.
Article 3 each Member for which this convention is in force undertakes to comply, in relation to the vessels to which the convention applies: a) the provisions of parts II and III of the convention on the accommodation of crews (revised), 1949;
(b) in the provisions of part II of this convention.
Article 4 1. Any member party to this convention undertakes to maintain in force legislation to ensure its application.
2. such legislation: has) require the competent authority to notify all concerned the provisions that will be taken;
(b) identify persons who are responsible for its implementation;
(c) prescribe adequate penalties for any offence;
(d) provide the institution and maintenance of an inspection regime to effectively ensure compliance with the arrangements;
(e) require the competent authority to consult the organisations of shipowners and/or the shipowners and the recognised organisations bona fide seafarers, to develop regulations and cooperate as far as possible with relevant stakeholders in the implementation of these regulations.
PART II. ― REQUIREMENTS for Article 5 crews compartment

1. the area per occupant of any cabin to junior staff is not less to: has) 3.75 square metres (40.36 square feet) on board ships 1 000 tons or more, but less than 3,000 tons;
b) 4.25 square metres (45.75 square feet) on board the ships of 3000 tons or more, but less than 10,000 tons;
(c) 4.75 square metres (51,13 square feet) on the ships tonnage of 10 000 tons or more.
2. However, the area per occupant of any cabin assigned to two members of the junior staff is not less to: a) 2.75 square metres (29,60 square feet) on board ships 1 000 tons or more, but less than 3,000 tons;
b) 3.25 square metres (34.98 square feet) on board the ships of 3000 tons or more, but less than 10,000 tons;
(c) 3.75 square metres (40.36 square feet) on the ships tonnage of 10 000 tons or more.
3. in addition, the area of the cabins assigned to junior personnel on board passenger ships will be not less: a) 2.35 square metres (or 25.30 square feet) per occupant, aboard ships 1 000 tons or more, but less than 3,000 tons;
b) aboard the ship tonnage of 3000 tons or more, to: (i) 3.75 square metres (40.36 square feet) for individual cabins;
(ii) 6.00 square metres (64,58 square feet) for two persons cabins;
(iii) 9.00 square metres (96,88 square feet) for three people rooms;
(iv) 12.00 square metres (129.17 square feet) for four persons cabins.
4. two members of subordinate staff may maximally occupy the same cabin except on passenger ships, where the number shall not be more than four.
5. the members of the staff of petty will have either of individual cabins, cabins for two persons.
6. in sleeping rooms for officers, when they don't have a private lounge, the area per occupant will be at least 6.50 square metres (69,96 square feet), aboard the ships of less than 3,000 tons, and not less than 7.50 square metres (80.73 square feet) on board the ships of 3000 tons or more.
7. at the edge of ships other than passenger ships, each adult member of the crew will have an individual when cabin dimensions, allocation, and the arrangements of the ship make this reasonable and possible.
8. When this is possible on ships of 3000 tons or more, the Chief Engineer and the chief mate will have another adjoining room to their cabin to serve as a private lounge.
9. space occupied by berths, wardrobes, chests of drawers and seats will be included in the calculation of the area. Cramped spaces or irregular shape which do not actually increase the available space to move or which can be used to place furniture will not be included in this calculation.
10. the inside dimensions of a berth shall be not less than 1.98 meters on 0.80 metre (6 feet 6 inches by 2 feet 7.50 inches).
Article 6 1. The area of mess rooms for use by officers or junior staff will be not less than 1 square meter (10.76 square feet) by seating.
2 refectory will be equipped with tables and approved, fixed or removable seats in sufficient numbers for the likely number of crew members who will use at the same time.
3. the following facilities will be available at any time, when members of the crew are on board: has) a refrigerator of sufficient capacity for the number of persons using the mess; and convenient access
(b) facilities to provide hot beverages;
(c) distribution of fresh water facilities.
4. the competent authority may grant derogations from the provisions of paragraphs 1 and 2 of the present article on the organisation of the refectories, insofar as special conditions existing on board passenger vessels may require it.
Article 7 1. Recreation premises in an appropriate and furniture in a proper manner place will be provided for officers and subordinate staff. When there are no such premises outside the mess, they will be established, furnished and installed to take place.
2. the premises of recreation will be equipped at least of a library and facilities for reading, for correspondence and, if possible, for the games.
3. in ships, tonnage of 8 000 tons or more, it will be held to develop a smoking room or a library where movies could be thrown or the television installed as well as a hobby and game; installing a pool should be considered.
4. in the preparation of plans for recreation facilities, the competent authority will consider installation of a canteen.
Article 8 1. On any ship, there should be a place appropriate for officers and subordinate staff, at least one water closet as well as a tub and/or shower for every six persons or less who have no sanitation facilities in accordance with paragraphs 2 to 4 below. When women are employed on board a vessel, separate sanitary facilities will be provided for in their intention.
2. at the edge of the ships of 5,000 tons or over, but less than 15,000 tons, five individual cabins at least to the use of the officers will have private bathrooms, contiguous, equipped with a water closet as well as a bathtub or a shower and a washbasin supplied with fresh water running hot and cold; the sink shall be installed in the cabin. In addition, on Board of ships 10 000 tons or more, but less than 15,000 tons, all other officers cabins will have private or adjoining bathrooms equipped in the same way.
3. edge of vessels tonnage of 15 000 tons or more, the individual booths, officers will have a private bathroom adjoining, equipped with a water closet as well as a bathtub or a shower and a washbasin supplied with fresh water running hot and cold; the sink shall be installed in the cabin.
4. edge of vessels tonnage of 25 000 tons, with the exception of passenger ships, there will be bathrooms at the rate of two members of subordinate staff or communicating between two cabins, is located in front of the entrance of two adjoining cabins. This bathroom will be equipped with a water closet as well as a bathtub or a shower and a washbasin supplied with hot and cold running fresh water.
5. at the edge of the ships 5,000 tons or more, with the exception of the passenger ships, each cabin for officers or more junior staff will be equipped with a washbasin supplied with hot and cold running fresh water except when there is one in a bathroom installed in accordance with paragraphs 2, 3 or 4 of this article.
6. edge of any vessel, means of washing, drying and ironing clothes shall be planned, in a proportion corresponding to the size of the crew and the normal duration of the voyage, for officers and subordinate staff. These facilities will be located, insofar as possible, in places which interested parties can easily access their housing.
7. these facilities consist of: a) washers.
(b) machines to dry the laundry or drying premises properly heated and ventilated;
(c) irons and ironing boards or equivalent apparatus.
Article 9 1. A_bord_de ships of 1600 tons or more, it shall be provided: has) of the toilets, including one water closet and a wash basin having hot and cold running fresh water, easily accessible from the navigating bridge, to intend mainly to personnel who work there;
(b) a water closet and a wash basin having hot and cold running fresh water, easily accessible from the engine room, if there is no such facilities near the engine room control central station.
2. ships tonnage of 1 600 tons or more — with the exception of those where individual cabins are furnished and bathrooms private or semi-private lessons for all the staff of the service of machines ― there is need to provide facilities for change that will be: has) located outside the engine-room, but easily accessible;
(b) equipped with individual cabinets as well as bathtubs or showers and washbasins, supplied with hot and cold running fresh water.
Article 10 in all premises of the crew where freedom of movement must be ensured, the height of the clearance shall be not less than 1.98 m (6 feet 6 inches); However, the competent authority may allow a certain reduction of this size for any space, or part of space in these premises, where it considers it reasonable and that such reduction does not affect the comfort of the crew.
Article 11 1. Premises for the accommodation of the crew will be adequately lit.

2. subject special arrangements as may be permitted for passenger ships, sleeping rooms and mess rooms will be equipped with natural lighting as well as adequate artificial lighting.
3. every ship shall be provided with a facility to provide light to electricity the crew accommodation. If there is no on board two independent sources of electricity generation, an additional system of emergency lighting shall be provided by means of lamps or lighting of appropriate model.
4. in the cabins, each berth will be equipped with an electric lamp.
5. suitable standards of natural and artificial illumination shall be established by the competent authority.
Article 12 aboard ships where the composition of the crew must, without incurring a discrimination, take account of the interests of crews with religious and social practices, the competent authority may — after consultation with the organisations of shipowners and/or the shipowners and organizations recognized bona fide seafarers and subject to an agreement between one and the other ― allow derogations to the provisions of paragraphs 1 to 4 and 7 of article 5 and paragraphs 1 and 4 of article 8 of this convention, provided that it does not result in a situation which, on the whole, would be less favourable than that which would have resulted from the implementation of the convention. Details on all such derogations shall be communicated by the Member concerned to the Director-general of the international labour office, who shall inform the members of the International Labour Organization.
PART III. ― APPLICATION of the CONVENTION to the existing section 13 (1) ships. In the case of a completely finished ship on the date on which this convention enters into force for the country where the ship is registered and which is below the requirements of the convention, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and the organizations recognized bona fide seafarers, require to the ship (, to meet the requirements of the convention, such changes that it considers reasonable and possible ― taking into account, in particular, problems of technical, economic and other that raises the application of articles 5, 8 and 10 ― when: has) the vessel will be registered again.
(b) significant changes in structure or major repairs will be made to the vessel as a result of the application of a pre-established plan, and not an accident or an emergency.
2. in the case of a ship under construction or transformation on the date when this convention enters into force for the territory where it is registered, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and the organizations recognized bona fide seafarers, require to bring the vessel to meet the requirements of the convention such changes that it considers reasonable and possible, taking into account in particular the problems of technical, economic and other raised by the application of articles 5, 8 and 10; These amendments will constitute a final application of the terms of the convention.
3. when a vessel ― at least whether it's of a ship referred to in paragraphs 1 and 2 of this article, or to which the convention was applicable during construction ― is registered again in a territory after the date on which this convention is in force, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and the organizations recognized bona fide seafarers , require amendments to the ship that, in order to conform to the requirements of the convention, such amendments as it deems reasonable and possible, taking into account, in particular, the problems of technical, economic and other raised by the application of articles 5, 8 and 10; These amendments will constitute a final application of the terms of the convention.
PART IV. — FINAL provisions Article 14 the formal ratifications of this convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Article 15 1. This agreement shall bind the members of the International Labour Organization whose ratification will have been registered by the Director general.
2. this convention shall enter into force twelve months after the date on which are registered ratifications of 12 members each a shipping tonnage of more than 1 million tons, being understood that four at least of them must have each a shipping tonnage of at least 2 million barrels.
3. thereafter, this convention enters into force for each Member six months after the date where its ratification has been registered.
Article 16 1. Any Member that has ratified this convention may denounce on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. The denunciation will take effect a year after having been registered.
2. any Member that has ratified this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the preceding paragraph, will not make use of the option of denunciation provided for in this article will be bound to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions laid down in this article.
Article 17 1. The Director general of the international labour office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying the members of the Organization the registration of the last ratification needed for the entry into force of the convention, the Director-general will draw the attention of the members of the Organization on the date on which this convention enters into force.
Article 18 the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations, comprehensive information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 19 whenever it deems it necessary, the governing body of the international labour office will present to the General Conference a report on the implementation of this convention and will consider whether it is appropriate to include in the agenda of the Conference the question of its revision in whole or in part.
Section 20 (1). A_le_cas_ou the Conference adopt a new convention on the total or partial revision of this convention, and unless the new convention otherwise provides: a) the ratification by a member of the new revising convention would of right, notwithstanding article 16 above, involve the immediate denunciation of this convention, provided that the new revising convention is in force;
(b) from the date of the entry into force of the new revising convention, this convention would cease to be open to ratification by the members.
2. the convention would remain in force in its form and content for the members which have ratified it but have not ratified the revising convention.
Article 21 the French and English versions of the text of this convention are equally authentic.
The foregoing is the authentic text of the convention duly adopted by the General conference of the International Labour Organization during its fifty-fifth session which was held at Geneva and declared closed on 30 October 1970.
IN witness whereof have hereunto subscribed their signatures, this thirtieth day of October 1970: the president of the conference, Nagendra Singh the Director general of the international Bureau of labor, Wilfred Jenks the text of the convention presented here is an exact copy of the authentic text by the signatures of the President of the International Conference of labour and the Director general of the international labour office.
Certified copy consistent and complete.
For the Director-general of the international labour office: Francis Wolf, legal adviser to the international Bureau of the work done at Paris, on December 14, 2010.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon Minister of State, Minister of foreign and European Affairs, Michèle Alliot-Marie (1) the present convention has entered into force on 17 August 1991.