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船上船员食品和膳食公约

分类: 法律英语 
 

第68号公约
颁布日期:19460627 实施日期:19570324 颁布单位:西雅图

[Date of coming into force: 24 March 1957.]

The General Conference of the International Labour Organization,

Having been convened at Seattle by the Governing Body of theInternational Labour Office, and having met in its Twenty-eighth Sessionon 6 June 1946, and

Having decided upon the adoption of certain proposals with regard tofood and catering for crews on board ship, which is the fourth item on theagenda of the Session, and

Having determined that these proposals shall take the form of aninternational Convention, adopts this twenty-seventh day of June of theyear one thousand nine hundred and forty-six the following Convention,which may be cited as the Food and Catering (Ships' Crews) Convention,1946:

Article 1

1. Every Member of the International Labour Organization for whichthis Convention is in force is responsible for the promotion of a properstandard of food supply and catering service for the crews of itssea-going vessels, whether publicly or privately owned, which are engagedin the transport of cargo or passengers for the purpose of trade andregistered in a territory for which this Convention is in force.

2. National laws or regulations or, in the absence of such laws orregulations, collective agreements between employers and workers, shalldetermine the vessels or classes of vessels which are to be regarded assea-going vessels for the purpose of this Convention.

Article 2

The following functions shall be discharged by the competentauthority, except in so far as these functions are adequately dischargedin virtue of collective agreements:

(a) the framing and enforcement of regulations concerning food andwater supplies, catering, and the construction, location, ventilation,heating, lighting, water system and equipment of galleys and othercatering department spaces on board ship, including store rooms andrefrigerated chambers;

(b) the inspection of food and water supplies and of theaccommodation, arrangements and equipment on board ship for the storage,handling and preparation of food;

(c) the certification of such members of the catering departmentstaff as are required to possess prescribed qualifications;

(c) research into, and educational and propaganda work concerning,methods of ensuring proper food supply and catering service.

Article 3

1. The competent authority shall work in close co-operation with theorganizations of shipowners and seafarers and with national or localauthorities concerned with questions of food and health, and may wherenecessary utilise the services of such authorities.

2. The activities of the various authorities shall be dulyco-ordinated so as to avoid overlapping or uncertainty of jurisdiction.

Article 4

The competent authority shall have a permanent staff of qualifiedpersons, including inspectors.

Article 5

1. Each Member shall maintain in force laws or regulations concerningfood supply and catering arrangements designed to secure the health andwell-being of the crews of the vessels mentioned in Article 1.

2. These laws or regulations shall require——

(a) the provision of food and water supplies which, having regardto the size of the crew and the duration and nature of the voyage, aresuitable in respect of quantity, nutritive value, quality and variety;

(b) the arrangement and equipment of the catering department inevery vessel in such a manner as to permit of the service of proper mealsto the members of the crew.

Article 6

National laws or regulations shall provide for a system of inspectionby the competent authority of——

(a) supplies of food and water;

(b) all spaces and equipment used for the storage and handling offood and water;

(c) galley and other equipment for the preparation and service ofmeals; and

(d) the qualification of such members of the catering departmentof the crew as are required by such laws or regulations to possessprescribed qualifications.

Article 7

1. National laws or regulations or, in the absence of such laws orregulations, collective agreements between employers and workers shallprovide for inspection at sea at prescribed intervals by the master, or anofficer specially deputed for the purpose by him, together with aresponsible member of the catering department of——

(a) supplies of food and water;

(b) all spaces and equipment used for the storage and handling offood and water, and galley and other equipment for the preparation andservice of meals.

2. The results of each such inspection shall be recorded.

Article 8

A special inspection shall be made by the representatives of thecompetent authority of the territory of registration on written complaintmade by a number or proportion of the crew prescribed by national laws orregulations or on behalf of a recognised organization of shipowners orseafarers. In order to avoid delay in sailing, such complaints should besubmitted as soon as possible and at least twenty-four hours before thescheduled time of departure from port.

Article 9

1. Inspectors shall have authority to make recommendations to theowner of a ship, or to the master or other person responsible, with a viewto the improvement of the standard of catering.

2. National laws or regulations shall prescribe penalties for——

(a) failure by an owner, master, member of the crew, or otherperson responsible to comply with the requirements of the national laws orregulations in force; and

(b) any attempt to obstruct an inspector in the discharge of hisduties.

3. Inspectors shall submit regularly to the competent authorityreports framed on uniform lines dealing with their work and its results.

Article 10

1. The competent authority shall prepare an annual report.

2. The annual report shall be issued as soon as practicable after theend of the year to which it relates and shall be made readily available toall bodies and persons concerned.

3. Copies of the annual report shall be transmitted to theInternational Labour Office.

Article 11

1. Courses of training for employment in the catering department ofseagoing ships shall be organized either in approved schools or by meansof other arrangements acceptable to both shipowners' and seafarers'organizations.

2. Facilities shall be provided for refresher courses to enablepersons already trained to bring their knowledge and skill up to date.

Article 12

1. The competent authority shall collect up-to-date information onnutrition and on methods of purchasing, storing, preserving, cooking andserving food, with special reference to the requirements of catering onboard ship.

2. This information shall be made available, free of charge or atreasonable cost, to manufacturers of and traders in ships' food suppliesand equipment, ships' masters, stewards and cooks, and shipowners andseafarers and their organizations generally; appropriate forms ofpublicity, such as manuals, brochures, posters, charts or advertisementsin trade journals, shall be used for this purpose.

3. The competent authority shall issue recommendations to avoidwastage of food, facilitate the maintenance of a proper standard ofcleanliness, and ensure the maximum practicable convenience in working.

Article 13

Any of the functions of the competent authority in respect of thecertification of catering department staff and the collection anddistribution of information may be discharged by delegating the work, orpart of it, to a central organization or authority exercising similarfunctions in respect of seafarers generally.

Article 14

The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

Article 15

1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

2. It shall come into force six months after the date on which therehave been registered ratifications by nine of the following countries:United States of America, Argentine Republic, Australia, Belgium, Brazil,Canada, Chile, China, Denmark, Finland, France, United Kingdom of GreatBritain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands,Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including atleast five countries each of which has at least one million gross registertons of shipping. This provision is included for the purpose offacilitating and encouraging early ratification of the Convention byMember States.

3. Thereafter, this Convention shall come into force for any Membersix months after the date on which its ratification has been registered.

Article 16

1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention comesinto force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

Article 17

1. The Director-General of the International Labour Office shallnotify all the Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

2. When notifying the Members of the Organization of the registrationof the last of the ratifications required to bring the Convention intoforce, the Director-General shall draw the attention of Members of theOrganization to the date upon which the Convention will come into force.

Article 18

The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.

Article 19

At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

Article 20

1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides,

(a) the ratification by a Member of the new revising Convention shallipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 16 above, if and when the newrevising Convention shall have come into force;

(b) as from the date when the new revising Convention comes intoforce, this Convention shall cease to be open to ratification by theMembers.

2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

Article 21

The English and French versions of the text of this Convention areequally authoritative

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