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法律英语|船上厨师证书公约

来源:www.kouyuyingyu.com 2024-06-01

第69号公约
颁布日期:19460627推行日期:19530422颁布单位:西雅图

[Date of coming into force: 22 April 1953.]

The General Conference of the International Labour Organization,

Having been convened1 at Seattle by the Governing Body of theInternational Labour Office, and having met in its Twenty-eighth Sessionon 6 June 1946, and

Having decided2 upon the adoption3 of certain proposals with regard tothe certification of ships' cooks, which is included in the fourth item onthe agenda of the Session, and

Having determined4 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 Certification of Ships' Cooks Convention, 1946:

Article 1

1. This Convention applies to sea-going vessels6, whether publicly orprivately owned, which are engaged in the transport of cargo7 orpassengers for the purpose of trade and registered in a territory forwhich 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

For the purpose of this Convention the term ship's cook means theperson directly responsible for the preparation of meals for the crew ofthe ship.

Article 3

1. No person shall be engaged as ship's cook on board any vessel5 towhich this Convention applies unless he holds a certificate ofqualification as ship's cook granted in accordance with the provisions ofthe following articles.

2. Provided that the competent authority may grant exemptions8 from theprovisions of this Article if in its opinion there is an inadequate9 supplyof certificated ships' cooks.

Article 4

1. The competent authority shall make arrangements for the holding ofexaminations 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 competentauthority;

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

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

3. The prescribed examination shall provide a practical test of thecandidate's ability to prepare meals; it shall also include a test of hisknowledge of food values, the drawing up of varied10 and properly balancedmenus, and the handling and storage of food on board ship.

4. The prescribed examination may be conducted and certificatesgranted either directly by the competent authority or, subject to itscontrol, by an approved school for the training of cooks or other approvedbody.

Article 5

Article 3 of this Convention shall apply after the expiration11 of aperiod not exceeding three years from the date of entry into force of theConvention for the territory where the vessel is registered: Providedthat, in the case of a seaman12 who has had a satisfactory record of twoyears' service as cook before the expiration of the aforesaid period,national laws or regulations may provide for the acceptance of acertificate of such service as equivalent to a certificate ofqualification.Article 6

The competent authority may provide for the recognition ofcertificates of qualification issued in other territories.Article 7

The formal ratifications14 of this Convention shall be communicated tothe Director-General of the International Labour Office for registration15.

Article 8

1. This Convention shall be binding16 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 shipping17. This provision is included for the purpose offacilitating and encouraging early ratification13 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 9

1. A Member which has ratified18 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 10

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 the Members of theOrganization to the date upon which the Convention will come into force.

Article 11

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 12

At the expiration of each period of ten years after the coming intoforce of this Convention, the Governing Body of the International LabourOffice shall present to the General Conference a report on the working ofthis Convention and shall consider the desirability of placing on theagenda of the Conference the question of its revision in whole or in part.

Article 13

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 Conventionshall ipso jure involve the immediate19 denunciation of this Convention,notwithstanding the provisions of Article 9 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 14

The English and French versions of the text of this Convention areequally authoritative20.


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