Appl. 22.69

 

INTERNATIONAL LABOUR OFFICE

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REPORT FORM

 

FOR THE

 

CERTIFICATION OF SHIPS’ COOKS

CONVENTION, 1946 (No. 69)

 

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The present report form for the use of countries which have ratified the Convention. It has been approved by the Governing Body of the International Labour Office, in accordance with article 22 of the ILO Constitution, which reads as follows: "Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request."

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REPORT

 

for the period . . . . . to . . . . . , made by the Government of . . . . . , in accordance with article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the

 

CERTIFICATION OF SHIPS’ COOKS CONVENTION, 1946

 

ratification of which was registered on . . . . . . . . . . . . . . . . . . . . . . . .

 

I.       Please give a list of the legislation and administrative regulations, etc., which apply the provisions of the Convention. Where this has not already been done, please forward copies of the said legislation, etc., to the International Labour Office with this report.

 

Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit of, or as a result of, ratification.

 

II.      Please indicate in detail for each of the following Articles of the Convention the provisions of the above-mentioned legislation and administrative regulations, etc., or other measures, under which each Article is applied.

 

If in your country ratification of the Convention gives the force of national law to its terms please indicate by virtue of what constitutional provisions the ratification has had this effect. Please also specify what action has been taken to make effective those provisions of the Convention which require a national authority to take certain specific steps for its implementation, such as measures to define its exact scope and the extent to which advantage may be taken of permissive exceptions provided for in it, measures to draw the attention of the parties concerned to its provisions, and arrangements for adequate inspection and penalties.

 

If the Committee of Experts or the Conference Committee on the Application of Conventions and Recommendations has requested additional information or has made an observation on the measures adopted to apply the Convention, please supply the information asked for or indicate the action taken by your Government to settle the points in question.

 

Article 1

 

1. This Convention applies to sea-going vessels, whether publicly or privately owned, which are engaged in the transport of cargo or passengers for the purpose of trade and registered in a territory for which this Convention is in force.

 

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

 

Article 2

 

For the purpose of this Convention the term "ship’s cook" means the person directly responsible for the preparation of meals for the crew of the ship.

 

Article 3

 

1. No person shall be engaged as ship’s cook on board any vessel to which this Convention applies unless he holds a certificate of qualification as ship’s cook granted in accordance with the provisions of the following Articles.

 

2. Provided that the competent authority may grant exemptions from the provisions of this Article if in its opinion there is an inadequate supply of certificated ships’ cooks.

 

Please state whether it has been found necessary to take advantage of the provisions of paragraph 2 of Article 3 to grant exemptions referred to therein.

 

Article 4

 

1. The competent authority shall make arrangements for the holding of examinations and for the granting of certificates of qualification.

 

2. No person shall be granted a certificate of qualification unless-

 

(a)     he has reached a minimum age to be prescribed by the competent authority;

(b)     he has served at sea for a minimum period to be prescribed by the competent authority; and

(c)     he has passed an examination to be prescribed by the competent authority.

 

3. The prescribed examination shall provide a practical test of the candidate’s ability to prepare meals; it shall also include a test of his knowledge of food values, the drawing up of varied and properly balanced menus, and the handling and storage of food on board ship.

 

4. The prescribed examination may be conducted and certificates granted either directly by the competent authority or, subject to its control, by an approved school for the training of cooks or other approved body.

 

Please indicate-

 

(1)     the arrangements made by the competent authority for the holding of examinations;

(2)     the minimum age, and the minimum period of service at sea, which have been prescribed;

(3)     the nature of the examinations (including the practical tests) which are to be passed with a view to obtaining a certificate of qualification;

(4)     by whom the prescribed examinations are conducted and certificates granted in your country.

 

Article 5

 

Article 3 of this Convention shall apply after the expiration of a period not exceeding three years from the date of entry into force of the Convention for the territory where the vessel is registered: Provided that, in the case of a seaman who has had a satisfactory record of two years’ service as cook before the expiration of the aforesaid period, national laws or regulations may provide for the acceptance of a certificate of such service as equivalent to a certificate of qualification.

 

Please state whether use has been made of the relaxation authorised in this Article, and if so on what scale.

 

Article 6

 

The competent authority may provide for the recognition of certificates of qualification issued in other territories.

 

Please indicate whether, and in what measure, certificates issued in other territories are recognised by the competent authority of your country.

 

III.    Please state to what authority or authorities the application of the above-mentioned legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced. In particular, please supply information on the organisation and working of inspection.

 

IV.    Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

 

V.      Please give a general appreciation of the manner in which the Convention is applied in your country including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

 

VI.    Please indicate the representative organisations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organisation.[1] If copies of the report have not been communicated to representative organisations of employers and/or workers, or if they have been communicated to bodies other than such organisations, please supply information on any particular circumstances existing in your country which explain the procedure followed.

 

Please indicate whether you have received from the organisations of employers or workers concerned any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention. If so, please communicate the observations received, together with any comments that you consider useful.