Introduction

The NMA has laid down new Regulations on accommodation, recreational facilities, food and catering on ships (henceforth the "Accommodation Regulations"). The Regulations enter into force on 1 May 2017.

The Accommodation Regulations replace the Regulations of 15 September 1992 No. 707 on the accommodation and catering service on ships (henceforth the "former Accommodation Regulations"). Compared to the former Accommodation Regulations, we believe that the Accommodation Regulations have a simpler structure and more consistent language.

Consultation

The Accommodation Regulations were circulated for comments from 31 August to 24 November 2016. The consultative statements are included in a hearing matrix in Norwegian in the original Circular.

The background for the Regulations

The main purpose of preparing new Accommodation Regulations is to make the legislation more user-friendly for both the company and the persons working on board. The new Regulations therefore have, among other things, shared chapters for rules which are the same, or approximately the same, for all ships, whereas separate chapters have been laid down for ships where the rules differ due to varying construction date. Furthermore, the language of the Regulations has been made simpler and more explicit compared to the former Accommodation Regulations.

Further details on the Regulations

The Accommodation Regulations implement requirements for accommodation, recreational facilities, food and catering, which on the whole come from international conventions. The Regulations are laid down under the Act of 16 February 2007 No. 9 relating to ship safety and security (Ship Safety and Security Act).

Interpretations of the former Accommodation Regulations were described in guidance circulars from 2014 and 20151 , which have now been incorporated into the new Regulations.

The International Labour Organization (ILO) has adopted several Conventions on working and living conditions for persons working on board ships, and the following ILO Conventions have been implemented through the Accommodation Regulations:

  • ILO Convention No. 92 concerning Crew Accommodation (revised), 1946
  • ILO Convention No. 133 concerning Crew Accommodation (supplementary provisions), 1970
  • Maritime Labour Convention, 2006 (MLC).

The Accommodation Regulations have been divided into seven chapters as follows:

  1. Introductory provisions
  2. General provisions on documentation and accommodation
  3. Provisions on accommodation for ships the keel of which is laid or which are at a similar stage of construction on or after 20 August 2013
  4. Provisions on accommodation for ships of 50 gross tonnage and upwards, the keel of which was laid or which were at a similar stage of construction from 1 November 1992 up to 20 August 2013
  5. Provisions on accommodation for ships of 50 gross tonnage and upwards, the keel of which was laid or which were at a similar stage of construction before 1 November 1992
  6. General provisions on food, catering and cleaning, etc.
  7. Concluding provisions

For the most part, the provisions of the former Accommodation Regulations have been continued. Some of the provisions have been specified based on administrative practice. There are also certain substantive changes, and these are described in more detail in the comments to the individual sections below.

In general, we have tried to avoid references to other legislation in the Accommodation Regulations. The scopes of application are set out in the individual acts and regulations. Exceptionally, references to other legislation have nevertheless been included where deemed necessary for the understanding of the requirements of the Regulations, cf. section 1 second paragraph on protected and historical ships, section 3 (c) on the definition of "officer" and section 46 third paragraph on test equipment for drinking water.

Provisions directed at the Norwegian Maritime Authority as obligated party have not been continued from the former Accommodation Regulations, since it, as a main rule, is not considered correct in terms of legal theory that the NMA regulate their duties in the form of Regulations.

The provisions of section 3 of the former Accommodation Regulations relating to the responsibilities of the company, employer and the persons working on board, have not been continued in the Accommodation Regulations. The reason for this is that these duties follow directly from the Ship Safety and Security Act as legal basis. In other words, the Ship Safety and Security Act, section 6 on the company's duties, section 28a on the employer's obligations, sections 19 and 29 on the master's duties and sections 20 and 30 on obligations for other persons working on board, determines who the obligated party is, both pursuant to the Ship Safety and Security Act and the Accommodation Regulations.

General comments to the Regulations

Where the former Accommodation Regulations stated that the Norwegian Maritime Authority "may allow" alternative accommodation solutions, the current Accommodation Regulations now specify that the company must apply for an exemption in writing.

Where the former Accommodation Regulations stated that the Norwegian Maritime Authority "permits" alternative accommodation solutions, the current Accommodation Regulations now state that such alternative solutions are "permitted" or that a solution "may" be chosen. This means that an application for exemption from the company is not required.

It has otherwise been specified throughout the Regulations that where the former Accommodation Regulations mentioned "the company's and seafarers' organisations concerned", "Norwegian shipowners' and seafarers' organisations" were meant.

If a provision from the Accommodation Regulations has not been mentioned below, this implies a continuation of current law deemed unnecessary to explain in detail.

Chapter 1 Introductory provisions

To section 1 Scope of application

First paragraph

The first paragraph of the provision on the scope of application indicates positively which types of ships are subject to the Regulations, and is a continuation of current law. The paragraph should be interpreted based on section 2 of the Ship Safety and Security Act, but it is specified that the Regulations only apply to Norwegian ships. Subject to a lower gross tonnage limit of 50 for ships constructed before 20 August 2013 (see chapter 4 of the Regulations, cf. section 2, as well as chapter 5), the Regulations apply to all passenger ships, cargo ships and barges as defined in section 1 of the Regulations. The Regulations include only requirements for accommodation for the persons working on board, so that requirements for passenger accommodation are not part of the Regulations.

The term "manned" barge has not been included in the new Regulations, but the scope of application include the same barges as before, cf. section 1 first paragraph (c).

When the term "ship" is used in the Regulations, both passenger ships, cargo ships and barges are meant.

Second paragraph

The second paragraph exempts protected or historical ships carrying more than 12 passengers, cf. Regulations of 17 June 2014 No. 768 on special rules for protected or historical ships carrying more than 12 passengers.

Note: Section 1 fifth paragraph of the former Accommodation Regulations has not been continued as such in the Regulations. The principle that the requirements of the Regulations can be reduced for certain operational patterns, has nevertheless been covered by section 7 of the Accommodation Regulations on general requirements for the accommodation.

To section 2 Requirements for ships constructed before 1 November 1992

The section continues section 1 second to fourth paragraphs of the former Accommodation Regulations, regarding the scope of application of the Regulations for ships constructed before the former Accommodation Regulations entered into force on 1 November 1992.

It is a general principle that it is the regulations on construction and accommodation in force at the time of construction of a ship that apply to the ship, unless otherwise provided. As a starting point, the Accommodation Regulations do not include ships of between 50 and 500 gross tonnage, the keel of which was laid or which were at a similar stage of construction before 1 November 1992. On the other hand, the Regulations include ships of 500 gross tonnage and upwards, the keel of which was laid or which were at a similar stage of construction before 1 November 1992.

To section 3 Definitions

The definition of "drinking water" in section 2 of the former Accommodation Regulations has been continued in section 3 (a) of the Accommodation Regulations. The definitions of "accommodation" and "officer" in the former Accommodation Regulations have been made more precise in subparagraphs b) and c), respectively, but no substantial changes have been made. A definition of "rest rooms" has also been included in subparagraph d), because the NMA sees a need in the industry for clarification of the meaning of this term for the purposes of the Accommodation Regulations. Finally, it has been specified in subparagraph e) that "special purpose ships" means ships certified pursuant to the IMO Code of Safety for Special Purpose Ships. The former Accommodation Regulations stated that special purpose ships are ships constructed in accordance with the said Code.

The definition of "recognised classification society" from section 2 subparagraph a) of the former Accommodation Regulations is not continued in the new Accommodation Regulations. The reason for this is that it is not necessary with a specification that all the classification societies recognised in Norway can carry out tasks pursuant to the Regulations, when this is laid down in section 41 of the Ship Safety and Security Act.

The terms "crew" and "rating" from section 2 subparagraphs c) and l) of the former Accommodation Regulations have not been continued. It is the substantive scope of application of the Ship Safety and Security Act that determines which people are subject to the Regulations. The Ship Safety and Security Act used the term "the persons working on board". Another terminology than the Ship Safety and Security Act's limitation of the personal scope of application can contribute to unclear legislation. Instead of "crew", the Accommodation Regulations therefore use "the persons working on board", and instead of "rating", the Regulations use "the persons working on board, not including the master and other officers".

The terms "approved", "type-approved" and "accepted" have not been continued from section 2 subparagraph h) of the former Accommodation Regulations, because these rules are considered sufficiently regulated by the Regulations of 30 August 2016 No. 1042 on marine equipment. The Norwegian Maritime Authority otherwise no longer approves/accepts equipment such as described in section 2 subparagraph h) item 2 of the former Accommodation Regulations.

Chapter 2 General provisions on documentation and accommodation

To section 4 Scope of application for chapter 2

The provision on the scope of application for chapter 2 lays down that the chapter applies to all ships covered by the Regulations, cf. section 1.

To section 5 Addressee and deadlines for documentation

The section continues and specifies the rules on addressee and deadlines for documentation from section 7 of the former Accommodation Regulations. A specification has also been included in the third paragraph; that for ships required to have vessel instructions issued by an approved company, drawings and other relevant documentation shall be submitted to the company concerned.

To section 6 Requirements for documentation

The section continues section 7 of the former Accommodation Regulations on requirements for documentation.

First paragraph (b)

The requirements of section 7 first paragraph (b) of the former Accommodation Regulations on description of location of means of access, exits, emergency exits and exits to life-saving appliances have not been continued in the Accommodation Regulations, but the requirement is laid down in the Regulations of 1 July 2014 No. 1099 on fire protection on ships, the Regulations of 28 March 2000 No. 305 on surveys, construction and equipment of passenger ships engaged on domestic voyages, the Regulations of 5 January 1998 No. 6 on the construction, equipment and operation of high-speed craft used as passenger craft or cargo craft, and the Regulations of 19 December 2014 No. 1853 on the construction of small cargo ships.

First paragraph (c) final sentence

The term "air conditioning system" in section 7 first paragraph (c) of the former Accommodation Regulations has been changed to "air-conditioning system" in order to harmonise the terminology with section 9 of the Accommodation Regulations on ventilation.

Note: Section 5 of the former Accommodation Regulations has not been continued. The reason for this is that supervision is regulated by the Ship Safety and Security Act and special regulations on supervision, and that it follows directly from section 6 of the Ship Safety and Security Act that the company has a duty to see to that the requirements of the Regulations are satisfied.

To section 7 General requirements for accommodation

This section continues large parts of section 8 of the former Accommodation Regulations, but it has been restructured and expanded in accordance with the NMA's administrative practice and feedback from the industry.

The title of the section has been changed from "Cabin capacity, etc." to "General requirements for accommodation" in order to better reflect the contents of the section. "Cabin" has also been replaced by "sleeping room" throughout the Regulations. This has been done in accordance with the terminology of the MLC, ILO Convention No. 92 and ILO Convention No. 133, which use the term "sleeping room". The word "cabin" is not used in the mentioned conventions, and a cabin can furthermore include more than a sleeping room. The terms "cabin" and "sleeping room" were used haphazardly in the former Accommodation Regulations, but the term "sleeping room" was mainly used. The day room requirements have moreover been continued in sections 13, 20 and 29 of the Regulations.

Please note that the use of section 7 second and fourth paragraphs of the Regulations implies that the ship is principally restricted to a specific geographic location, or that further accommodation facilities must be arranged ashore if the ship is moved to another area of operation. It may give increased flexibility with regard to moving ships to new areas of operation when ships are constructed with full accommodation on board.

For ferries, section 8 fourth paragraph of the former Accommodation Regulations laid down that the companies had to come to an agreement with the employees' organisations on the design of accommodation facilities ashore. The NMA underlines that the new provision on onshore accommodation facilities does not introduce stricter requirements for the living quarters than what has already been accepted by the employers' and employees' organisations pursuant to the former Accommodation Regulations.

The NMA underlines that also persons working on board are considered to be at work both when travelling to and from the accommodation facilities ashore, and when using these facilities. This means that the maritime legislation continues to apply to the persons working on board, even if the company has chosen to arrange accommodation facilities ashore. However, this does not imply that all the time spent in the accommodation facilities ashore shall be considered working hours pursuant to the NMA's Regulations on hours of work and rest. On the contrary, section 7 gives the companies the opportunity to effect rest periods ashore, and for some passenger ships, it could also be relevant to effect breaks ashore pursuant to section 7 fourth paragraph.

First paragraph

Section 7 first paragraph first sentence of the Regulations sets out that the persons working on board shall have access to accommodation in accordance with the Regulations, and continues section 8 first paragraph and second paragraph first sentence of the former Accommodation Regulations. The term "the persons working on board" is taken from the Ship Safety and Security Act. Read more about this term in the comments to section 3 of the Regulations above.

A provision has also been included, which lays down that the Norwegian Maritime Authority will lay down the requirements for the accommodation on barges in each individual case, depending on the barge's manning, trade area, construction and operational conditions. The purpose of the provision is to look after the special needs of barges.

The former section 8 first paragraph set out that "cabin capacity and the size of the accommodation" should be "sufficient" for the safe manning and additional manning required to be on board the ship at any time, but this text has been changed to reflect that the Accommodation Regulations are the template for what is considered sufficient pursuant to current law. It was furthermore considered superfluous with a reference to the Manning Regulations, and this reference has therefore been omitted from section 7 of the Accommodation Regulations.

Second paragraph

In section 8 second paragraph second sentence of the former Accommodation Regulations, exemptions from the requirements of the Regulations for accommodation on board could be permitted for "small vessels" when the conditions did not allow for prescribed facilities on board. This possibility, which implies that accommodation facilities are arranged ashore instead of on board, has been expanded when compared to the former Accommodation Regulations to apply to cargo ships of less than 500 gross tonnage and passenger ships regardless of size. The condition for this possibility is that the persons working on board have a working hours arrangement where the rest periods are effected ashore. In such a case, sleeping rooms, day rooms, galley, mess room, toilets and bathrooms shall be arranged in one location ashore, and there shall in addition be rest rooms and toilets on board. In other words, it is not permitted to arrange sleeping rooms and toilets on board, while galley, mess room, day rooms and bathrooms are arranged ashore. The persons working on board shall have access to a complete set of facilities during their rest periods. The facilities arranged ashore shall satisfy the Accommodation Regulations' requirements for standard. That is to say, the accommodation facilities shall not be of a lower standard if they are arranged ashore instead of on board. The provision implies an expanded possibility to arrange accommodation spaces ashore compared to the former Accommodation Regulations, while clear requirements have been laid down for the onshore facilities.

In line with section 8 third paragraph of the former Accommodation Regulations, the rest periods can also be effected in the employees' own home if this is most practical, in which case the company does not need to arrange facilities ashore. "Rest period" means hours of rest as defined in section 2 (c) of the Regulations of 26 June 2007 No. 705 on hours of work and rest on board Norwegian passenger and cargo ships, etc.

Furthermore, it is no longer a condition for arranging accommodation facilities ashore that the conditions do not allow prescribed facilities on board, which was set out in section 8 second paragraph second sentence of the former Regulations. The reason for this is that the NMA wishes to provide a greater opportunity for arranging accommodation facilities ashore than before.

The upper limit for what is considered a small cargo ship, which was set out in section 8 second paragraph second sentence of the former Accommodation Regulations, has been specified in the Regulations as cargo ships of less than 500 gross tonnage. With regard to this limit, we have looked to SOLAS and MARPOL, which consider ships of less than 500 gross tonnage as small vessels. For passenger ship, the size limitation of section 8 second paragraph second sentence of the former Accommodation Regulations has not been continued. The reason for this is a wish to look after the industry's need for a provision that also covers larger passenger ships.

The provision involves a substantially equivalent implementation of the accommodation requirements of MLC chapter 3, cf. MLC Article VI, which must be described in the maritime labour certificate for ships of 500 gross tonnage and upwards engaged on foreign voyages, cf. Regulations of 22 December 2014 No. 1893 on supervision and certificates for Norwegian ships and mobile offshore units section 14 second paragraph (a) item i. The reasons for the solution being substantially equivalent are that the persons working on board ships where the working hours arrangement is such that the rest periods are effected ashore outside of own residence, are given access to accommodation facilities ashore that are at least equivalent to the MLC's requirements for accommodation facilities on board.

Third paragraph

The requirement for berths in rest rooms on passenger ships has not been continued from the former Accommodation Regulations. On cargo ships, on the other hand, the rest rooms must have space for sleeping for all persons working on board.

The change for passenger ships has been laid down following feedback from the industry that such berths are used only to a very small degree. The ships' working hours arrangement must reflect this practice.

The rest room must be furnished so that there is sufficient space for eating for the number of persons likely to use the room at any one time.

Fourth paragraph

The fourth paragraph sets out that passenger ships may on certain terms be arranged without rest rooms. The change has been made in order to meet the industry's wish for lighter vessels, which will result in the vessels being more environment-friendly due to reduced fuel consumption. The Regulations nevertheless lay down requirements for minimum facilities for the persons working on board.

This implies that rest rooms may be arranged ashore if the persons working on board have a working hours arrangement making it reasonably possible to take breaks ashore during their working hours. It is expected that the company take into consideration the time spent mooring and similar, and thus ensure that the breaks may actually be used for eating and other necessary recreational purposes during the working hours.

"Working hours" means working hours as defined in section 2 (a) of the Regulations of 26 June 2007 No. 705 on hours of work and rest on board Norwegian passenger and cargo ships, etc.

Fifth paragraph

The fifth paragraph codifies the NMA's administrative practice for ships of less than 15 metres in overall length. It is set out in guidance circular RSV 03-2015 that for ships of less than 15 metres in overall length, the NMA may permit exemptions from the requirements for the contents of rest rooms upon application from the company. Any decisions on exemption are made following a specific assessment in each individual case.

In connection with this provision for smaller ships, the NMA would like to reiterate that the Accommodation Regulations do not apply to ships of less than 50 gross tonnage the keel of which was laid or which were at a similar stage of construction before 20 August 2013.

Sixth paragraph

The sixth paragraph sets out that the company shall submit information to the Norwegian Maritime Authority regarding where rest period will be effected, before accommodation facilities are arranged ashore in accordance with the second and fourth paragraphs. This information shall be submitted in connection with the construction and conversion of ships. It is the responsibility of the company to ensure that the terms of the provision are satisfied at all times, for instance in the event of changes to the working hours arrangement and area of operation, as well as during stays in yards, lay-ups or similar.

When rest rooms are arranged ashore, the NMA shall also be informed of where breaks will be effected, along with the time for and duration of breaks. The timetable shall in all cases be submitted for passenger ships engaged on a regular service.

For ferries, section 8 fourth paragraph of the former Accommodation Regulations laid down a condition for "reduced accommodation"; that the company submitted an agreement between the company and the "employees' organisations concerned" that reduced accommodation was acceptable. This agreement also worked as a confirmation that adequate accommodation quarters had been arranged ashore. This requirement has not been continued in the Accommodation Regulations, because the NMA believes that the arrangements described in section 7 of the Accommodation Regulations take care of the interests of both parties when the terms of the section are satisfied. However, a new provision has been included in section 51 fourth paragraph that Norwegian shipowners' and seafarers' organisations shall be consulted before the NMA can grant exemptions from section 7. See comments to section 51 fourth paragraph below.

The NMA may carry out supervision in order to check that the requirements of section 7 have been met, for instance in connection with unscheduled supervision following a complaint from the persons working on board, cf. section 71a of the Ship Safety and Security Act, cf. section 43.

To section 8 Location of the accommodation on the ship

For the most part, this section continues section 9 of the former Accommodation Regulations, but seventh paragraph of the latter, regarding requirements for side scuttles, has not been continued. The reason for this is that section 9 of the former Accommodation Regulations referred to side scuttle requirements laid down in the Load Line Convention, which has been implemented into Norwegian legislation by Regulations of 1 July 2014 No. 1072 on the construction of ships.

Second paragraph

Section 9 second paragraph of the former Accommodation Regulations, which set out that the accommodation shall not be located forward of the collision bulkhead, has been continued in section 8 second paragraph first sentence of the Accommodation Regulations. In addition, a new provision has been laid down in the second paragraph second sentence to ensure the safety of ships that do not have collision bulkheads. Pursuant to the new provision, sleeping rooms and recreation rooms shall not be located forward of 0.05L (m) of the forward perpendicular on ships that do not have collision bulkheads. The provision has been taken from the Rules for classification: High speed and light craft — DNVGL-RU-HSLC-Pt3Ch1. Edition December 2015 DNVGL 1.3.

Sixth paragraph

In circular RSV 13-2014, the NMA has regulated the placement of floor in accommodation below the summer load line mark on cargo ships of less than 24 metres. Pursuant to the said circular, the floor in the accommodation may on certain terms be placed within 2 metres below the summer load line mark on cargo ships of less than 24 metres in length (L) engaged in trade area Small coasting or lesser trade areas. The conditions are the following, in addition to existing regulatory requirements on sufficient artificial lighting, ventilation and headroom:

  • two escape routes available at all times;
  • a sufficient number of bilge alarms having an intensity of sound capable of waking up sleeping personnel in the event of water ingress.

Section 8 sixth paragraph amends the rule from the abovementioned circular RSV 13-2014 to apply to cargo ships of less than 500 gross tonnage engaged in trade area Small coasting or lesser trade areas. This has been done because comparable flag States have opened for this possibility. Lately, the NMA has received several inquiries regarding flagging in ships with valid certificates from the Netherlands, and in this connection, we have seen that ships of less than 500 gross tonnage may arrange the floor of the accommodation up to two metres below the summer load line mark. The NMA has furthermore seen that this floor arrangement is also permitted on British ships of less than 500 gross tonnage that operate no more than 60 nautical miles from the coast.

As for the placement of the floor of the accommodation, the NMA cannot see that it makes a difference with regard to safety whether a ship has a length (L) of less than 24 metres, as in RSV 13-2014, or whether the ships has a gross tonnage of less than 500. For that reason, the NMA wishes to lay down rules on the same level as comparable flag states that are in direct competition with the Norwegian flag.

The provision is considered a substantially equivalent implementation of MLC Standard A3.1 paragraph 6 (c), cf. MLC Article VI. The reason why the solution is substantially equivalent is the supplementary safety requirements for escape routes and bilge alarms. It is considered not necessary to describe the substantially equivalent solution in the Maritime Labour Certificate, because the certificate requirement is only applicable to ships of 500 gross tonnage and upwards engaged on foreign voyages.

Seventh paragraph

The term "working alleyways in section 9 sixth paragraph final sentence of the former Accommodation Regulations has been changed to "very noisy areas" in section 8 seventh paragraph of the Accommodation Regulations. The reason is that the change is deemed to describe the purpose of the rule in a clearer way.

Tenth paragraph

Compared to section 9 ninth paragraph of the former Accommodation Regulations, a specification has been included that the hospital accommodation should be easily accessible with a stretcher.

Moreover, the requirement for lighting in the galley, from section 9 tenth paragraph of the former Accommodation Regulations, has been moved to the first paragraphs of sections 19, 28 and 37 of the Accommodation Regulations.

To section 9 Ventilation

The provision on ventilation of section 11 of the former Accommodation Regulations has mostly been kept as is, but certain linguistic improvements have been made.

To section 10 Heating

The provision is a specification of current law for cargo and passenger ships.

To section 11 Toilet

The section continues section 22 of the former Accommodation Regulations and the NMA's administrative practice.

First paragraph

The first paragraph implies a change compared to current law. It has been laid down that ships shall at least have one toilet for every six persons or less who do not have a private toilet in conjunction with their sleeping room. Toilet rooms shall in addition be fitted with a washbasin with hot and cold drinking water. The number of toilets will be linked to the number of persons, and not the size of the vessel, contrary to the former Accommodation Regulations. The rule implements requirements of MLC and ILO Convention No. 133 and simplifies the application of the provision. At the same time, one unreasonable requirement is removed, which in many cases have resulted in a stricter rule for ships of between 100 and 499 gross tonnage than for ships of 500 gross tonnage and upwards. The change also codifies the NMA's administrative practice for passenger ships of between 100 and 499 gross tonnage and low manning level, where one shared toilet on board is accepted.

Furthermore, section 22 second paragraph of the former Accommodation Regulations has not been continued. Where there are more than fifty persons of the same gender on board, section 22 second paragraph laid down that there needed to be one toilet additionally for every 25 persons exceeding the fifty persons of the requirements of section 22 first paragraph. The reason why the requirements of section 22 second paragraph has not been continued, is that the number of each sex on board will vary continuously, which means that is difficult for the company to comply with the requirement. Moreover, it is not possible for the NMA to verify that the requirement is met. As a consequence, the Accommodation Regulations have been simplified, so that the calculation of number of toilets is made regardless of gender composition.

Second paragraph

For passenger ships, the requirement of section 22 fourth paragraph of the former Accommodation Regulations, regarding a separate toilet for persons only carrying out work on board while the ship is in port, has not been continued. On passenger ships, the passenger toilets can instead be used by cargo-handling workers not living on board. In addition, most passenger ships do not have many cargo-handling workers carrying out work on deck compared to cargo ships.

Third paragraph

The third paragraph codifies the NMA's administrative practice. In practice, separate toilets for men and women are only required when, based on the rules for calculation of numbers of toilets, more than one toilet is required.

Section 11 third paragraph of the Accommodation Regulations is meant to clarify the relationship between section 22 first and third paragraphs of the former Accommodation Regulations and the mentioned administrative practice. The new main rule is therefore that ships shall have separate toilets for women and men, except ships engaged on domestic voyages with up to six persons working on board.

The NMA's practice and the new text of the Accommodation Regulations correspond to current law for persons working ashore in Norway. Section 3-7 second paragraph of the Regulations of 6 December 2011 No. 1356 concerning the design and layout of workplaces and work premises (the Workplace Regulations) permits shared lavatory in small undertakings.

Section 22 seventh paragraph of the former Accommodation Regulations, which set out that "[d]rains from water closets shall be in accordance with the regulations in force", has not been continued as the provision is considered superfluous.

To section 12 Hospital accommodation

Section 12 of the Regulations continues section 23 of the former Accommodation Regulations on hospital accommodation. Exemptions from the requirement for hospital accommodation can be made for ships engaged in trade area "Great coasting" and lesser trade areas. In section 23 first paragraph of the former Accommodation Regulations, the term "coasting" was not specified.

Please observe that section 14 of the Regulations of 9 March 2001 No. 439 on medical supplies on ships lays down a requirement for a sick-room, and that section 15 of the Regulations requires a doctor on board. For passenger ships, section 27 of the Regulations of 2 October 1972 No. 4 on calculation of number of passengers and on passenger accommodation, etc. also applies.

The Regulations of 9 March 2001 No. 439 on medical supplies on ships also lay down requirements for having on board a stretcher providing rigid support to the back and neck and suitable for helicopter lifts, cf. section 9 first paragraph, cf. Appendix 2. The requirement for stretcher applies to both vessel group A and B, cf. Appendix 2 to the Regulations, cf. section 4.

To section 13 Recreation rooms, office and recreational facilities

The section for the most part continues current law. See comments to each individual paragraph below.

First paragraph

Section 18 first paragraph second sentence of the former Accommodation Regulations has been changed to reflect the NMA's administrative practice that the mess room is required to have seats for half of the persons working on board. In other words, it is not considered likely that more than half of the persons working on board will use the mess room at the same time.

Fifth paragraph

In accordance with the NMA's administrative practice, it has been specified that the requirement for hot and cold drinking water applies to mess rooms on ships of 200 gross tonnage and upwards.

Ninth paragraph

The term "recreation accommodation" in section 18 twelfth paragraph (a) and (b) of the former Accommodation Regulations has been replaced by "day rooms". The reason for this is that "day room" is considered a more common term for ships than "recreation accommodation". However, this is not a substantive change, because day rooms pursuant to the ninth paragraph are required to be equipped so as to be suitable for recreational purposes.

Subparagraphs a) to c)

The provisions continue section 18 thirteenth paragraph (c) to (e) of the former Accommodation Regulations. These are requirements which do not apply to design and outfitting, and which apply to all ships regardless of date of construction.

Tenth paragraph

The requirements of the tenth paragraph apply to ships the keel of which is laid or which are at a similar stage of construction on or after 20 August 2013.

Subparagraph a)

The provision continues section 18 thirteenth paragraph of the former Accommodation Regulations, cf. the twelfth paragraph, regarding minimum requirements for recreational facilities depending on ship size.

Subparagraph b)

The provisions continue section 18 thirteenth paragraph (a) of the former Accommodation Regulations regarding requirements for frequent reviews of the recreational facilities.

Subparagraph c)

The company's reviews of the ship's recreational facilities shall be documented, so that it shall be possible, in connection with inspection on board, to check that such reviews have been carried out, and what the reviews consisted of. There are no requirements for the form of the documentation, but it could for instance be in the form of the working environment committee's protocol, see the Regulations of 1 January 2005 No. 8 on working environment, health and safety for the persons working on board ship.

Eleventh paragraph

The provision continues section 18 thirteenth paragraph of the former Accommodation Regulations, which lays down that consideration shall be given to expanded recreational facilities for the persons working on board ships, the keel of which is laid or which are at a similar stage of construction on or after 20 August 2013. The recreational facilities shall be free of charge when offered on board.

To section 14 Galley

The section continues for the most part section 24 of the former Accommodation Regulations. See comments to each individual paragraph below.

First paragraph

It has been specified in the first paragraph that the requirement for galley only applies to ships constructed on or after 1 November 1992. This has been done in accordance with section 10 of the former Accommodation Regulations.

Seventh paragraph

It has been specified in the seventh paragraph final sentence that it is one of the dish-washing sinks in the dish-washing section that may be replaced by a dish-washing machine.

Eighth paragraph

The reference to the regulations of the Norwegian Food Safety Authority in section 24 eighth paragraph of the former Accommodation Regulations has been taken out after consultation with the Norwegian Food Safety Authority. The reason is that the Norwegian Food Safety Authority no longer administers regulations with requirements for dish-washing machines, which was what the reference to their regulations was about. A requirement has instead been included in section 14 eighth paragraph of the Regulations, that the instructions for cleaning and maintenance of the dish-washing machine shall be based on information from the manufacturer of the dish-washing machine. For the sake of clarity, the NMA would like to underline that the Act of 19 December 2003 No. 124 relating to food production and food safety, etc. (Food Act), with appurtenant regulations, applies on ships, cf. section 26 first paragraph of the Ship Safety and Security Act.

To section 15 Provision rooms, cold store and freezer rooms

The section continues section 25 of the former Accommodation Regulations. The term "provision" means both food and drink. The term "cold store and freezer rooms" also includes refrigerators and freezers.

To section 16 Lockers, protective equipment and access to open deck

Section 19 on access to open deck and section 34 on "various equipment" of the former Accommodation Regulations have been combined and continued in section 16 of the Regulations. The reason behind the merger is that the contents of the two sections are closely related to each other. The requirement for awnings of section 34 third paragraph of the former Accommodation Regulations has been taken out, as it is considered obsolete. The requirement for a locker in section 16 first paragraph of the Regulations has been taken from section 17 sixth paragraph of the former Accommodation Regulations.

Chapter 3 Provisions on accommodation for ships the keel of which is laid or which are at a similar stage of construction on or after 20 August 2013

To section 17 Scope of application for chapter 3

The section lays down that the chapter applies to ships the keel of which is laid or which are at a similar stage of construction on or after 20 August 2013.

To section 18 Construction

The section continues section 10 of the former Accommodation Regulations.

First paragraph

The requirement for application for exemption from the required headroom of the former Accommodation Regulations has not been continued in the Accommodation Regulations. In order for lower headroom to be allowed in an area of the accommodation, the company must ensure that the headroom is reasonable and that it will not cause discomfort for the persons working on board. Compliance with the provision will be checked in connection with supervision.

Ninth paragraph

On ships of less than 24 metres, the NMA permits exemptions from the requirement for a separate provision room in addition to galley. This is a continuation of RSV 03-2015 Circular on accommodation on ships of less than 24 metres in overall length. For passenger ships of more than 24 metres in length (L), the Norwegian Maritime Authority may upon written application from the company permit exemptions. Storage of provisions shall in any case be in a hygienically safe manner.

To section 19 Lighting

Some changes have been made to the requirements for lighting in accordance with the NMA's administrative practice.

First paragraph

The description of what is to be considered "sufficiently lit" in section 13 second paragraph (a) of the former Accommodation Regulations has not been continued, as this was considered superfluous compared to the specific requirements for lighting laid down in the section.

A provision has been included, that the NMA permits sleeping rooms arranged with only artificial light on ships of less than 24 metres and on special purpose ships, where it is not possible to arrange the sleeping rooms with natural light. This rule previously followed from the NMA's administrative practice for ships of less than 24 metres, and for special purpose ships, this was laid down in section 9 sixth paragraph final sentence of the former Accommodation Regulations regarding the location of the accommodation (now section 8 seventh paragraph of the Accommodation Regulations).

To section 20 Sleeping rooms

The section continues for the most part section 14 of the former Accommodation Regulations. Sleeping rooms are only required when the ship's operational pattern necessitates a place to sleep.

Third, fourth and sixth paragraph

Section 14 second paragraph (f) of the former Accommodation Regulations, which set out that catering crew should not share sleeping rooms with watch personnel, has not been continued in the Regulations. The reason is that regulatory provisions shall be binding. Instead, in line with the NMA's administrative practice, it has been laid down in section 20 third, fourth and sixth paragraphs of the Accommodation Regulations that persons sharing sleeping rooms must be on opposite watches.

Fourth paragraph

This provision continues current law. Norwegian shipowners' and seafarers' organisations have already been consulted regarding the requirement for two person sleeping rooms on cargo ships of less than 24 metres in length (L), and the requirement for consultation pursuant to MLC standard A3.1 paragraph 9 (a) has thus been satisfied.

Fifth paragraph

This provision continues current law. On cargo ships of less than 3,000 gross tonnage, the Norwegian Maritime Authority may, upon written application from the company and after consultation with Norwegian shipowners' and seafarers' organisations, permit that two persons share a sleeping room. There must be special reasons that make such exemptions necessary and it must be justifiable in terms of safety.

Sixth paragraph

For special purpose ships, it is not necessary to apply for exemption in order to have sleeping rooms for two persons. If two persons are to share a sleeping room, it is sufficient that the company submits documentation to the NMA demonstrating that the conditions of the Regulations are satisfied. The requirement for submitting documentation has been included in the Regulations so that the NMA, for ships required to hold a maritime labour certificate, can indicate on the Declaration of Maritime Labour Compliance - Part I that a regulatory exemption has been granted from the requirement for individual sleeping rooms pursuant to MLC Standard A3.1 paragraph 9 (a).

Seventh paragraph

In accordance with the NMA's administrative practice it has been specified in the seventh paragraph that more than four persons per sleeping room are not permitted on special purpose ships. MLC standard A3.1 paragraph 9 (j), which lays down that there may be more than four persons per sleeping room on special purpose ships, was included in section 14 fourth paragraph (b) final sentence of the former Accommodation Regulations in connection with the implementation of the Convention on 20 August 2013. In practice, however, the NMA has not permitted more than four persons per sleeping room on special purpose ships.

If the company want sleeping rooms for three or four persons on special purpose ships, Norwegian shipowners' and seafarers' organisations must be consulted. The organisations have already been consulted regarding the requirement for two person sleeping rooms, and the requirement for consultation pursuant to MLC standard A3.1 paragraph 9 (a) has thus been satisfied.

Eighth paragraph

The provision sets out a requirement that selected officers shall have, in addition to their sleeping room, a private day room or equivalent additional space adjacent to their sleeping room. This means that they will not have to stay in the room with their bed when not sleeping, entertaining visitors or representing, regardless of whether the adjacent room is a private day room or equivalent room. Making the sleeping room larger will not satisfy the requirement for additional space. The basis for evaluation for "equivalent" will then be whether the additional space has the same function as a private day room or equivalent room. The requirement for day room or equivalent additional space adjacent to sleeping rooms for the master, chief engineer officer and chief mate does not apply to ships of less than 24 metres. On ships of less than 3,000 gross tonnage, the Norwegian Maritime Authority may upon written application from the company grant exemptions from this requirement after consultation with Norwegian shipowners' and seafarers' organisations.

To section 21 Requirements for size of sleeping rooms

The section continues section 15 of the former Accommodation Regulations on requirements for the size of the accommodation. The section title has been changed to "Requirements for size of sleeping rooms" to better reflect the contents of the section.

First paragraph

The language has been simplified compared to section 15 of the former Accommodation Regulations, and a table has been created with an overview of requirements for size of sleeping rooms depending on ship type, ship size and number of persons per sleeping room. In addition, the special requirements with regard to type of position have been continued.

Second paragraph

To facilitate single rooms on ships of less than 24 metres in length (L), the floor area of single rooms may be reduced to 3.75 m². The NMA has consulted with Norwegian shipowners' and seafarers' organisations on this subject.

On ships, the keel of which is laid or which are at a similar stage of construction on or after 20 August 2013, single rooms for seafarers shall as a main rule not be less than 4.5 m2, cf. MLC standard A3.1 paragraph 9 (f) (i). However, it is set out in MLC standard A3.1 paragraph 9 (g) that on ships of less than 3000 gross tonnage, passenger ships and special purpose ships, the requirement for floor area may be reduced in order to provide single berth sleeping rooms. The requirement for a floor area of 3.75 m2 otherwise coincides with ILO Convention No. 133 Article 5 paragraph 1 (a) on requirements for size of single rooms on ships of less than 3000 gross tonnage.

To section 22 Berths

The section continues section 16 of the former Accommodation Regulations. Berths for all persons working on board are only required when the ship's operational pattern necessitates a place to sleep.

To section 23 Furnishing and other equipment in sleeping rooms

Fourth paragraph

The sleeping room shall as a starting point have comfortable seating for at least one person more than the room is intended for. However, on ships of less than 24 metres, it is sufficient with one seat in the sleeping room when sufficient recreational spaces have been arranged otherwise on the ship for the persons working on board, cf. section 23 fourth paragraph final sentence. The provision is in accordance with the NMA's administrative practice.

To section 24 Bathrooms, etc.

The section continues for the most part section 20 of the former Accommodation Regulations, with certain linguistic improvements with regard to MLC standard A3.1 paragraph 11 (c).

Sixth paragraph

The sixth paragraph of this section codifies the NMA's administrative practice. In practice, separate bathrooms for men and women are only required when, based on the rules for calculation of numbers of bathrooms, more than one bathroom is required. The new main rule is therefore that ships shall have separate bathrooms for women and men, but exceptions are made for ships engaged on domestic voyages with up to six persons working on board.

The NMA's administrative practice and the Accommodation Regulations now correspond to current law for persons working ashore in Norway. Section 3-6 second paragraph of the Regulations of 6 December 2011 No. 1356 concerning the design and layout of workplaces and work premises (the Workplace Regulations) permits common washrooms under the condition that provisions are made for separate use of these rooms.

To section 25 Laundry facilities

First to third paragraphs

The section continues for the most part section 21 of the former Accommodation Regulations. Section 21 first paragraph second sentence of the former Accommodation Regulations regarding hand-washing of clothes has nevertheless not been continued, as the provision is not relevant for ships constructed on or after 20 August 2013.

Fourth paragraph

The NMA's administrative practice for possibilities for exemptions for passenger ships regardless of size has been codified in the fourth paragraph of the section.

Chapter 4 Provisions on accommodation for ships of 50 gross tonnage and upwards, the keel of which was laid or which were at a similar stage of construction from 1 November 1992 up to 20 August 2013

To section 26 Scope of application for chapter 4

The section sets out that the chapter applies to ships of 50 gross tonnage and upwards, the keel of which was laid or which were at a similar stage of construction from 1 November 1992 up to 20 August 2013.

To section 27 Construction

The section continues section 10 of the former Accommodation Regulations.

First paragraph

The requirement for application for exemption from the required headroom of the former Accommodation Regulations has not been continued in the Accommodation Regulations. In order for lower headroom to be allowed in an area of the accommodation, the company must ensure that the headroom is reasonable and that it will not cause discomfort for the persons working on board. Compliance with the provision will be checked in connection with supervision.

Ninth paragraph

On cargo ships of less than 24 metres, and on passenger ships regardless of size, the NMA may grant exemptions from the requirement for a separate provision room in addition to galley. The same applies to passenger ships regardless of size. Storage of provisions shall in any case be in a hygienically safe manner. The provision is in accordance with the NMA's administrative practice.

To section 28 Lighting

Some changes have been made to the requirements for lighting in accordance with the NMA's administrative practice.

First paragraph

The description of what is to be considered "sufficiently lit" in section 13 second paragraph (a) of the former Accommodation Regulations has not been continued, as this was considered superfluous compared to the specific requirements for lighting laid down in the section.

The NMA permits sleeping rooms arranged with only artificial light on ships of less than 24 metres, where it is not possible to arrange the sleeping rooms with natural light. This rule previously followed from the NMA's administrative practice for ships of less than 24 metres, and for special purpose ships, this was laid down in section 9 sixth paragraph final sentence of the former Accommodation Regulations regarding the location of the accommodation (now section 8 seventh paragraph of the Accommodation Regulations).

To section 29 Sleeping rooms

The section continues for the most part section 14 of the former Accommodation Regulations. Sleeping rooms are only required when the ship's operational pattern necessitates a place to sleep.

Section 14 second paragraph (f) of the former Accommodation Regulations, which set out that catering crew should not share sleeping rooms with watch personnel, has not been continued in the Regulations. See comments to section 20 above.

To section 30 Requirements for size of sleeping rooms

The section continues section 15 of the former Accommodation Regulations on requirements for the size of the accommodation. The section title has been changed to "Requirements for size of sleeping rooms" to better reflect the contents of the section.

First paragraph

The language has been simplified compared to section 15 of the former Accommodation Regulations, and a table has been created with an overview of requirements for size of sleeping rooms depending on ship type, ship size and number of persons per sleeping room. In addition, the special requirements with regard to type of position have been continued.

Third paragraph

In order to facilitate single rooms on cargo ships of less than 24 metres in length (L), the floor area of single rooms may be reduced to 3.75 m². The NMA has consulted with Norwegian shipowners' and seafarers' organisations on this subject.

To section 31 Berths

The section continues section 16 of the former Accommodation Regulations. Berths for all persons working on board are only required when the ship's operational pattern necessitates a place to sleep.

To section 32 Furnishing and other equipment in sleeping rooms

See comments to section 23 above.

To section 33 Bathrooms, etc.

The section continues for the most part section 20 of the former Accommodation Regulations, with certain linguistic specifications with regard to ILO Convention No. 133 article 8 (1).

Sixth paragraph

The sixth paragraph of this section codifies the NMA's administrative practice. In practice, separate bathrooms for men and women are only required when, based on the rules for calculation of numbers of bathrooms, more than one bathroom is required. The new main rule is therefore that ships shall have separate bathrooms for women and men, but exceptions are made for ships engaged on domestic voyages with up to six persons working on board.

The NMA's administrative practice and the Accommodation Regulations now correspond to current law for persons working ashore in Norway. Section 3-6 second paragraph of the Regulations of 6 December 2011 No. 1356 concerning the design and layout of workplaces and work premises (the Workplace Regulations) permits common washrooms under the condition that provisions are made for separate use of these rooms.

To section 34 Laundry facilities

This provision continues section 21 of the former Accommodation Regulations.

Chapter 5 Provisions on accommodation for ships of 50 gross tonnage and upwards, the keel of which was laid or which were at a similar stage of construction before 1 November 1992

To section 35 Scope of application for chapter 5

The section sets out that the chapter applies to ships of 50 gross tonnage and upwards, the keel of which was laid or which were at a similar stage of construction before 1 November 1992.

To section 36 Construction

The section continues section 10 of the former Accommodation Regulations.

First paragraph

The requirement for application for exemption from the required headroom of the former Accommodation Regulations has not been continued in the Accommodation Regulations. In order for lower headroom to be allowed in an area of the accommodation, the company must ensure that the headroom is reasonable and that it will not cause discomfort for the persons working on board. Compliance with the provision will be checked in connection with supervision.

To section 37 Lighting

Some changes have been made to the requirements for lighting in accordance with the NMA's administrative practice.

First paragraph

The description of what is to be considered "sufficiently lit" in section 13 second paragraph (a) of the former Accommodation Regulations has not been continued, as this was considered superfluous compared to the specific requirements for lighting laid down in the section.

The NMA permits sleeping rooms arranged with only artificial light on ships of less than 24 metres, where it is not possible to arrange the sleeping rooms with natural light. This rule previously followed from the NMA's administrative practice for ships of less than 24 metres, and for special purpose ships, this was laid down in section 9 sixth paragraph final sentence of the former Accommodation Regulations regarding the location of the accommodation (now section 8 seventh paragraph of the Accommodation Regulations).

To section 38 Sleeping rooms

The section continues for the most part section 14 of the former Accommodation Regulations. Sleeping rooms are only required when the ship's operational pattern necessitates a place to sleep.

Section 14 second paragraph (f) of the former Accommodation Regulations, which set out that catering crew should not share sleeping rooms with watch personnel, has not been continued in the Regulations. See comments to section 20 above.

To section 39 Requirements for size of sleeping rooms

The section continues section 15 of the former Accommodation Regulations on requirements for the size of the accommodation. The section title has been changed to "Requirements for size of sleeping rooms" to better reflect the contents of the section.

First paragraph

The language has been simplified compared to section 15 of the former Accommodation Regulations, and a table has been created with an overview of requirements for size of sleeping rooms depending on ship type, ship size and number of persons per sleeping room. In addition, the special requirements with regard to type of position have been continued.

Third paragraph

In order to facilitate single rooms on cargo ships of less than 24 metres in length (L), the floor area of single rooms may be reduced to 3.75 m². The NMA has consulted with Norwegian shipowners' and seafarers' organisations on this subject.

To section 40 Berths

The section continues section 16 of the former Accommodation Regulations. Berths for all persons working on board are only required when the ship's operational pattern necessitates a place to sleep.

To section 41 Furnishing and other equipment in sleeping rooms

See comments to section 23 above.

To section 42 Bathrooms, etc.

The section continues for the most part section 20 of the former Accommodation Regulations, with certain linguistic specifications with regard to ILO Convention No. 92 article 13 (4).

Fifth paragraph

The fifth paragraph of this section codifies the NMA's administrative practice. In practice, separate bathrooms for men and women are only required when, based on the rules for calculation of numbers of bathrooms, more than one bathroom is required. The new main rule is therefore that ships shall have separate bathrooms for women and men, but exceptions are made for ships engaged on domestic voyages with up to six persons working on board.

The NMA's administrative practice and the Accommodation Regulations now correspond to current law for persons working ashore in Norway. Section 3-6 second paragraph of the Regulations of 6 December 2011 No. 1356 concerning the design and layout of workplaces and work premises (the Workplace Regulations) permits common washrooms under the condition that provisions are made for separate use of these rooms.

To section 43 Laundry facilities

The section continues section 21 of the former Accommodation Regulations.

Chapter 6 General provisions on food, drinking water, catering and cleaning, etc.

To section 44 Scope of application for chapter 6

The section lays down that the chapter applies to all ships covered by the Regulations, cf. section 1.

To section 45 Diet and hygiene

The section continues sections 26, 27 and 28 of the former Accommodation Regulations.

First paragraph

This provision refers to the dietary standards laid down by the Norwegian National Nutrition Council. The National Nutrition Council is the expert council for nutrition, whose purpose is to strengthen the authorities' role as expert by giving knowledge-based advice in the work related to diet, nutrition and health in the population and in the health services.

To section 46 Drinking water

The section continues section 30 of the former Accommodation Regulations, with some exceptions.

Section 30 second paragraph of the former Accommodation Regulations set out that the drinking water on board should meet the quality requirements of the Regulations of 4 December 2001 No. 1372 (Drinking Water Regulations), whereas section 46 of the new Accommodation Regulations only refer to the Drinking Water Regulations currently in force in connection with sampling of drinking water. Please note that the Regulations of 22 December 2016 No. 1868 on water supply and water intended for human consumption (Drinking Water Regulations) lay down that "[t]he Regulations apply to units on the Norwegian continental shelf and to Norwegian aircraft and ships, unless the water intended for human consumption on board these is specially regulated by other regulations". This means that the requirements of the Drinking Water Regulations related to quality also apply to ships.

Section 30 fifth paragraph of the former Accommodation Regulations regarding the regulations of the Ministry of Health and Care Services has not been continued. The scope of application for any regulations that the Ministry of Health and Care Services "may issue" will be set out in the provisions on scope of application in such regulations.

To section 47 Manuals and other information

The section continues section 29 of the former Accommodation Regulations.

To section 48 Precautions in the event of the outbreak of disease caused by food or drinking water

The section continues section 31 of the former Accommodation Regulations, but it has been restructured. The requirements for reporting to the Norwegian Board of Health Supervision has furthermore been taken out. The reason for removing this requirement is that it must be up to the Norwegian Board of Health Supervision to decide which reports they require.

To section 49 Cleaning and hygiene in the galley

The section continues section 32 of the former Accommodation Regulations, but requirements for removing food waste has been taken out of the provision, as this is regulated by other regulations.

To section 50 General cleaning and maintenance of rooms for the persons working on board

The section continues for the most part section 33 of the former Accommodation Regulations. However, the detailed regulation of section 33 fifth paragraph of the former Accommodation Regulations, regarding return of bedding, etc., has not been continued. In other words, it is up to the company to decide when bedding, etc. is to be returned. Also, section 33 seventh paragraph of the former Accommodation Regulations regarding deck log-book has not been continued in the Regulations, since requirements for keeping deck log-book with regard to drinking water and diet have been included in section 15 sixth paragraph (a) of the Regulations of 15 September 1992 No. 693 on the form and keeping of log books for ships and mobile offshore units.

Chapter 7 Concluding provisions

To section 51 Exemptions

Section 4 of the former Accommodation Regulations on exemptions has not been continued. A new general provision on exemptions has instead been laid down in line with the NMA's new guidelines for regulatory work.

Please note that the Regulations also include provisions on exemptions in the following sections:

  • section 7 fifth paragraph
  • section 11 fifth paragraph
  • section 18 ninth paragraph
  • section 20 sixth paragraph
  • section 24 eighth paragraph

The following provisions also include the possibility for special exemptions following consultation with Norwegian shipowners' and seafarers' organisations:

  • section 13 second and eighth paragraphs
  • section 20 fifth, seventh, eighth and ninth paragraphs
  • section 21 fourth paragraphsection 25 fourth paragraph

First paragraph

The Norwegian Maritime Authority may permit other solutions than those required by these Regulations when it is documented that such solutions are equivalent to the requirements of the Regulations. The company must submit a written application for exemption to the Norwegian Maritime Authority, who will then conduct a discretionary evaluation of the application. The provision makes it possible for the company to use an equivalent solution other than the solution set out in a given regulatory requirement.

Second paragraph

Pursuant to the second paragraph, the Norwegian Maritime Authority may exempt a ship from one or more of the requirements of the Regulations when the company applies for an exemption in writing and establishes that the conditions of either (a) or (b) is met. The company must send a written application for exemption to the Norwegian Maritime Authority. The application shall include all relevant information for the assessment of whether the conditions for exemptions have been met. See more details below under the description of subparagraphs a) and b) of the provision.

It is also a condition that the exemption must not contravene the Maritime Labour Convention (MLC), which applies to ships operating in trade area 3/Class D or greater trade areas. For ships the keel of which was laid or which were at a similar stage of construction before 20 August 2013, the requirements relating to ships' construction and outfitting of ILO Convention Nos. 92 and 133 apply instead of the requirements related thereto of MLC chapter 3, cf. MLC regulation 3.1 paragraph 2.

The NMA presupposes that it will take more to be granted an exemption from requirements of the Regulations that are a concretisation of binding minimum standards in MLC A3.1 paragraphs 6 to 17, than it will take to be granted exemptions from regulatory requirements not based on the MLC's binding minimum standards. Nonetheless, we would like to underline that the main rule in all cases is that only exceptional circumstances may warrant granting exemptions from the requirements of these Regulations.

Subparagraph a)

Subparagraph a) provides the legal basis for exemptions from requirements that are not essential, when the exemption is considered justifiable in terms of safety. That a regulatory requirement is not essential means that it is considered to be less essential when compared to the extraordinary reasons forming the basis for the exemption. During the processing of such applications for exemption, it will be natural to take socioeconomic consequences into account. An exemption pursuant to (a) may only be granted if an exemption from the requirement concerned will still provide a solution considered overall justifiable in terms of safety. The term "justifiable in terms of safety" means that assessments must take into account the safety of life and health, environment and material values.

Subparagraph b)

Subparagraph b) provides the legal basis for exemptions from requirements of these Regulations where compensating measures will maintain the same level of safety as the requirement of these Regulations. The term "compensating measures" is relatively broad, and may comprise a number of measures that imply that the Regulations' level of safety is maintained.

Third paragraph

A provision has been included in the third paragraph, which sets out that the NMA shall carry out consultations with Norwegian shipowners' and seafarers' organisations before exemptions may be granted from section 7 on general requirements for the accommodation. The reason for the obligation to consult, is a wish to look after the interests of the employers' and employees' organisations when the NMA is considering exemptions from section 7; a provision which in the opinion of the NMA looks after the interests of both the companies and the persons working on board in a balanced way.

Fourth paragraph

The fourth paragraph continues section 35 of the former Accommodation Regulations regarding the possibility for exemption for ships with a "crew with different national habits and customs". The provision has been simplified in accordance with MLC standard A3.1 paragraph 19. The company must send a written application for exemption to the Norwegian Maritime Authority, and exemptions may only be granted following consultation with Norwegian shipowners' and seafarers' organisations.

 

Footnotes

  1. RSV 03-2015 Circular on accommodation on ships of less than 24 metres in length
    RSV 13-2014 Placement of floor in accommodation below the summer load line mark on cargo ships of less than 24 metres
    Instruction to class (IC) 1/2015 Accommodation on Special Purpose Ships.