Food and Catering on Board Ship
Transcription
Food and Catering on Board Ship
REPORT IV International Labour Conference TWENTY-EIGHTH SESSION 1946 Food and Catering on Board Ship Fourth Item on the Agenda MONTREAL International Labour Office 1946 CONTENTS Pase INTRODUCTION 1 I. Texts Submitted to the Copenhagen Conference 3 Food and Catering on Board Ship Certification of Ships' Cooks 3 5 II. Proceedings of the Copenhagen Conference 7 Report of the Committee on Food and Catering Discussion in Plenary Sitting III. Proposed Texts PROPOSED DRAFT CONVENTION CONCERNING CATERING FOR CREWS ON BOARD S H I P 7 14 15 FOOD AND PROPOSED DRAFT CONVENTION CONCERNING THE CERTIFICATION OF S H I P S ' COOKS 18 32 INTRODUCTION The question of food and catering for crews on board ship comes before the Conference after having been considered by the Joint Maritime Commission in January 1945 and by the Maritime Preparatory Technical Conference at Copenhagen in November of the same year. The International Labour Office prepared for the Joint Maritime Commission a brief survey of national regulations on food and catering, and this document was incorporated in the Report on this subject to the Copenhagen Conference.1 That Report also contained the preliminary texts of two international instruments on the subject, prepared by the Office and supplemented by explanatory notes to justify the proposals put forward as a basis for discussion. The present Report falls into three parts. Part I contains the texts submitted by the Office to the Maritime Preparatory Conference at Copenhagen on: (I) a central authority to deal with food and catering on board ship, and ( I I ) the certification of ships' cooks. Part II comprises the report of the Copenhagen Committee and the texts adopted by it and by the Conference as a basis on which the Office should prepare two Draft International Conventions. The Office proposals are contained in Part III of the Report. The Copenhagen Conference fully appreciated the importance of this question which, like that of accommodation, is vital to the wellbeing and health of merchant seamen. In the absence of detailed and up-to-date national regulations in many countries, the Preparatory Conference was unable to do more than lay down certain general principles. These, however, if finally approved by the Conference in the form of Draft Conventions and ratified by the various maritime countries, should do much to improve the standards of food and catering services in the merchant navies of the world. Montreal, January 1946. ' Maritime Preparatory Technical Conference, Report IV : Food and Catering (Montreal, 194S), pp. 3-7. I TEXTS SUBMITTED TO T H E COPENHAGEN CONFERENCE FOOD AND CATERING ON BOARD SHIP CONSTITUTION AND POWERS OF A CENTRAL AUTHORITY 1. Every maritime country should set up, or ensure the maintenance of, a central authority charged with the responsibility of promoting a proper standard of food supply and catering service for the crews of its merchant ships. 2. The functions of the central authority should include — (a) the framing and enforcement of regulations concerning food and water supplies and catering; (b) the inspection of food and water supplies and of the accommodation, arrangement and equipment on board ship for the storage, handling and preparation of food; (c) the recruitment, training and certification of catering department staff; (d) research into, and educational and propaganda work concerning, methods of ensuring proper food supply and catering service. 3. The authority should work in close co-operation with the organisations of shipowners and seafarers. 4. The authority should work in close co-operation with other national or local authorities concerned with questions of food and health, and may where necessary utilise the services of such other authorities, but measures should be taken to avoid confusion and diffusion of responsibility due to overlapping or uncertainty of jurisdiction of the various authorities. 5. The authority should have a permanent staff of qualified persons, including inspectors, who should be given such a status and standard of remuneration as to secure their freedom from any improper external influence and should be prohibited from having any interest in any undertaking which, or the products of which, may come under their supervision. 6. The functions of the authority in respect of recruitment, training and certification of catering department staff may be discharged by participation in the work of any central organisation or authority exercising similar functions in respect of seafarers generally. 4 FOOD AND CATERING ON BOARD SHIP NATIONAL REGULATIONS 7. Every country should maintain in force laws or regulations designed to ensure that the food and water supplies for the crews of merchant ships are suitable, having regard to the size of the crew and the duration and nature of the voyage, in respect of quantity, nutritive value, purity, quality and variety for the purposes of health and well-being and that the accommodation, arrangement, equipment and manning of the catering department in every ship are such as to permit of the service of proper meals to the members of the crew. 8. The laws or regulations should be so framed as to permit of their being modified without undue difficulty or delay in order to take account of scientific and technical progress. INSPECTION 9. Provision should be made for systematic inspection of — (a) supplies of water and food, both before and after they are taken on board; (b) all spaces and equipment used for the storage, handling and preparation of water and food ; (c) galley and other equipment for the preparation and service of meals; (d) the qualifications of the members of the catering department of the crew. 10. Special inspections should be made on complaint by a prescribed number or proportion of the crew of a ship or from an organisation of shipowners or seafarers. 11. Inspectors should be authorised to make recommendations to the owner of a ship, or to the master or other person responsible, with a view to the improvement of the standard of catering. 12. Failure by an owner, master or other person responsible to comply with the requirements of the national laws or regulations in force and any attempt to obstruct an inspector in the discharge of his duties should be made an offence entailing liability to prosecution and to penalties as prescribed by national laws or regulations. 13. Inspectors should regularly submit to the central authority reports framed on uniform lines dealing with their work and its results. 14. The central authority should publish, and make readily available to all bodies and persons concerned, an annual report, which should be issued as soon as practicable after the end of the year to which the report relates. Copies of these reports should be transmitted to the International Labour Office. TRAINING 15. Courses of training for employment in the catering department of merchant ships should be organised either in special schools TEXTS SUBMITTED TO COPENHAGEN CONFERENCE 5 or by means of special courses in other institutions which have the necessary special equipment and staff. 16. Facilities should be given for refresher courses to enable persons already trained to bring their knowledge and skill up to date. RESEARCH, EDUCATION AND PROPAGANDA 17. The central authority should collect up-to-date information on nutrition and on methods of purchasing, storing, preserving, cooking and serving food with special reference to the requirements of catering on board ship. 18. This information should be made available, free of charge or at reasonable cost, to shipowners, manufacturers of and traders in ships' food supplies and equipment, ships' masters, stewards and cooks, and to shipowners and seafarers and their organisations generally, by means of the publication of manuals, brochures, posters, charts, advertisements in trade journals and other appropriate means. ACCOMMODATION AND EQUIPMENT ON BOARD S H I P 19. In order to avoid wastage of food, facilitate the maintenance of a proper standard of cleanliness, and ensure the maximum practicable convenience in working, the central authority should issue regulations and recommendations regarding the construction, location, ventilation, heating, lighting, water supply and equipment of galleys and other catering department spaces on board ship, including store rooms and refrigerated chambers. CERTIFICATION OF SHIPS' COOKS SCOPE OF INSTRUMENT 1. The instrument should apply to sea-going vessels, whether publicly or privately owned, which are employed in the transport of cargo or passengers for the purposes of trade. EMPLOYMENT CONDITIONAL ON CERTIFICATION 2. After the expiration of x years from the coming into force of the instrument, no person should be employed in a vessel to which the instrument applies as ship's cook directly responsible for the preparation of meals for the crew of the ship unless he holds a certificate of qualification as ship's cook granted in accordance with the instrument. EXAMINATIONS AND CERTIFICATES 3. The- competent authority should make arrangements for the holding of examinations and for the granting of certificates of qualifi- 6 FOOD AND CATERING ON BOARD SHIP cation as a ship's cook in accordance with the provisions of the instrument. 4. The examinations may be conducted by the competent authority directly or, subject to its control, by an approved school for the training of cooks or other approved body. 5. The examination should provide a test of the candidate's knowledge of the nutritive qualities of various foods, the drawing up of varied and properly balanced menus, the handling and storage of food and the preparation of meals, and should include a practical test. CONDITIONS OF GRANTING OF CERTIFICATES 6. A certificate of qualification should not be granted to any person unless he has — (a) passed the examination provided for by the instrument ; (b) attained the prescribed minimum age; (c) served at sea for the prescribed minimum period. 7. The prescribed minimum age should not be less than x years. 8. The prescribed minimum period of service at sea should not be less than y months. II PROCEEDINGS OF T H E COPENHAGEN CONFERENCE REPORT OF THE COMMITTEE ON FOOD AND CATERING The Committee, which consisted of six members from each of the three groups, held meetings under the chairmanship of Admiral Matessis, Greek Government member. The Vice-Chairmen were Mr. Petersen, Denmark, for the Shipowners, and Mr. Booth, United Kingdom, for the Seafarers. Mr. Bourke, Australian Government member, was elected Reporter. The Committee decided to consider the preliminary text submitted by the Office article by article. Except where otherwise indicated below, the Office text was adopted unanimously or with only slight drafting amendments. I. FOOD AND CATERING ON BOARD SHIP In paragraph 1 the term "merchant ships" was considered unsatisfactory as a definition of the scope of the proposed international instrument. The Seafarers' members desired a term which would include all ratings going to sea, whereas the Shipowners' members suggested "sea-going merchant ships" or "ships where food is provided by the owners". The Committee eventually accepted a suggestion by the United Kingdom Government member to say "seagoing ships as defined for this purpose by the central authority". The same modification was subsequently made in the text of paragraph 7. Paragraph 2 gave rise to considerable discussion. The United Kingdom Government member proposed to add after the words: "The functions of the central authority should include" the words "except in so far as these matters are dealt with by industrial agreement". In support of this he pointed out that it was undesirable to burden the legislative machinery of any country by the necessity for introducing regulations when a matter was adequately dealt with by an agreement within the industry. The Seafarers argued that if 8 FOOD AND CATERING ON BOARD SHIP the amendment were accepted certain Governments might claim they did not require to issue regulations because an industrial agreement existed, although in fact the agreement might have been forced on a weak union of seamen and fall far short of the requirements of the instrument. The Committee finally decided to insert the words : "except in so far as these matters are dealt with by industrial agreements which fulfil the requirements of this instrument". The Committee also decided to transfer to paragraph 2(a) the latter part of paragraph 19 of the Office text, which, it was thought, should properly be included among the functions of the proposed central authority. The Committee decided to delete paragraph 8 of the Office text, which appeared to suggest that Governments should modify their legislative machinery; it was agreed that this could not be required of them. On paragraph 9 it was pointed out that "systematic inspection", if strictly interpreted, would call for the services of a very large inspectorate. The term "a system of inspection" was therefore substituted. Some fear was expressed on the Shipowners' side lest the text might permit inspection of ships in a foreign port. It was pointed out in reply that paragraph 1 made the proposed central authority responsible only for conditions on "its" ships. The words "by the competent authority" were added after "inspection" in order to make this clear. In paragraph 9(a) the words "both before and after they are taken on board" were deleted on the grounds that it was unnecessary and impracticable to have two inspections of food and water supplies. In paragraph 9(d) the Shipowners made certain reservations as to the possible duplication of inspection involved in checking the qualifications of cooks, but they agreed to accept the paragraph. On the proposal of the Shipowners, a new paragraph (to become paragraph 9) was inserted to provide for inspection of supplies and of storage spaces and equipment at sea by the master or his deputy and for record of the inspection to be entered in the official log. At the request of the Seafarers, it was added that the chief steward should accompany the inspecting officer. A proposal that the ship's delegate should be present was rejected on the grounds that the system of ship's delegates exists only in certain countries. Paragraph 10 of the Office draft was slightly altered to make it clear that the national authority remained free to specify the number or proportion of the crew entitled to make a complaint leading to special inspection, and that the organisations entitled PROCEEDINGS OF COPENHAGEN CONFERENCE 9 to complain should be "recognised organisations". After a discussion on the danger of the sailing of a vessel being delayed by a frivolous complaint made at the last minute, the Committee, after failing to reach agreement on several proposed texts, adopted by 9 votes to 6 the wording: "In order to avoid delay in sailing, complaints by members of the crew should be submitted as soon as possible, but at least 24 hours before departure from port". In paragraph 12, it was decided that members of the crew, as well as owners and masters, should be subject to penalties for failure to comply with the regulations. Paragraph 15 was amended at the suggestion of the Shipowners to read : "Courses of training for employment in the catering department of sea-going ships should be organised either in special schools or by means of other arrangements agreeable to both sides of the industry". The intention was to leave greater latitude as to the exact method of organising such training, provided always that both sides of the industry agreed. The latter part of paragraph 19 having been transferred to paragraph 2, the first part was redrafted to read : "The central authority should issue recommendations to avoid wastage of food, facilitate the maintenance of a proper standard of cleanliness and ensure the maximum practicable convenience in working". The following text was therefore approved by the Committee as a basis for draft international regulations, which the Committee suggests, by 9 votes to 6, might appropriately take the form of a Draft Convention, to be prepared by the International Labour Office for consideration by the maritime session of the International Labour Conference in 1946: Preliminary Text of an International Instrument concerning Food and Catering on Board Ship Constitution and Powers oj a Central Authority 1. Every maritime country should set up, or ensure the maintenance of, a central authority charged with the responsibility of promoting a proper standard of food supply and catering service for the crews of its sea-going ships, as denned for this purpose by the central authority. 2. The functions of the central authority should include, except in so far as these matters are dealt with by industrial agreements which fulfil the requirements of this instrument — (a) the framing and enforcement of regulations concerning food and water supplies and catering and regarding the construction, location, ventilation, heating, lighting, water supply and 10 FOOD AND CATERING ON BOARD SHIP equipment of galleys and other catering department spaces on board ship, including store rooms and refrigerated chambers; (b) the inspection of food and water supplies and of the accommodation, arrangement and equipment on board ship for the storage, handling and preparation of food; (c) the recruitment, training and certification of catering department staff; (d) research into, and educational and propaganda work concerning, methods of ensuring proper food supply and catering service. 3. The authority should work in close co-operation with the organisations of shipowners and seafarers. 4. The authority should work in close co-operation with other national or local authorities concerned with questions of food and health, and may where necessary utilise the services of such other authorities, but measures should be taken to avoid confusion and diffusion of responsibility due to overlapping or uncertainty of jurisdiction of the various authorities. 5. The authority should have a permanent staff of qualified persons, including inspectors, who should be given such a status and standard of remuneration as to secure their freedom from any improper external influence and should be prohibited from having any interest in any undertaking which, or the products of which, may come under their supervision. 6. The functions of the authority in respect of recruitment, training and certification of catering department staff may be discharged by participation in the work of any central organisation or authority exercising similar functions in respect of seafarers generally. National Regulations 7. Every country should maintain in force laws or regulations designed to ensure that the food and water supplies for the crews of sea-going ships as defined for this purpose by the central authority are suitable, having regard to the size of the crew and the duration and nature of the voyage, in respect of quantity, nutritive value, purity, quality and variety for the purposes of health and well-being and that the arrangement, equipment and manning of the catering department in every ship are such as to permit of the service of proper meals to the members of the crew. Inspection 8. Provision should be made for a system of inspection by the competent authority of — (a) supplies of water and food ; (b) all spaces and equipment used for the storage, handling and preparation of water and food: PROCEEDINGS OF COPENHAGEN CONFERENCE 11 (c) galley and other equipment for the preparation and service of meals; and (d) the qualifications of the members of the catering department of the crew. 9. Provision should be made for inspection at sea by the master, or an officer specially deputed for the purpose by him, together with the chief steward of — (a) supplies of water and food; (b) all spaces and equipment used for the storage, handling and preparation of water and food, and of galley and other equipment for the preparation and service of meals, at intervals prescribed by the central authority. The report of the inspection should be entered in the ship's official log. 10. Special inspections should be made by the representatives of the national authority on written complaint by a number or proportion of the crew prescribed by national laws or regulations or from a recognised organisation of shipowners or seafarers. In order to avoid delay in sailing, complaints by members of the crew should be submitted as soon as possible but at least 24 hours before departure from port. 11. Inspectors should be authorised to make recommendations to the owner of a ship, or to the master or other person responsible, with a view to the improvement of the standard of catering. 12. Failure by an owner, master, member of the crew, or other person responsible to comply with the requirements of the national laws or regulations in force and any attempt to obstruct an inspector in the discharge of his duties should be made an offence entailing liability to prosecution and to penalties as prescribed by national laws or regulations. 13. Inspectors should regularly submit to the central authority reports framed on uniform lines dealing with their work and its results. 14. The central authority should prepare and make readily available to all bodies and persons concerned, an annual report, which should be issued as soon as practicable after the end of the year to which the report relates. Copies of these reports should be transmitted to the International Labour Office. Training 15. Courses of training for employment in the catering department of sea-going ships should be organised either in special schools or by means of other arrangements agreeable to both sides of the industry. 16. Facilities should be given for refresher courses to enable persons already trained to bring their knowledge and skill up to date. 12 FOOD AND CATERING ON BOARD SHIP Research, Education and Propaganda 17. The central authority should collect up-to-date information on nutrition and on methods of purchasing, storing, preserving, cooking and serving food, with special reference to the requirements of catering on board ship. 18. This information should be made available, free of charge or at reasonable cost, to shipowners, manufacturers of and traders in ships' food supplies and equipment, ship masters, stewards and cooks, and to shipowners and seafarers and their organisations generally, by means of the publication of manuals, brochures, posters, charts, advertisements in trade journals and other appropriate means. 19. The central authority should issue recommendations to avoid wastage of food, facilitate the maintenance of a proper standard of cleanliness, and ensure the maximum practicable convenience in working. II. CERTIFICATION OF S H I P S ' COOKS Paragraph 1 was amended to bring it into line with the definition of scope adopted for the previous instrument. In paragraph 2, the Committee adopted a Shipowners' amendment to replace: "After the expiration of x years from the coming into force of the instrument" by "After the expiration of a period not exceeding three years from the date on which a country ratifies this instrument". The original amendment suggested five years, but it was pointed out that the necessary supply of cooks could be trained in a much shorter period, possibly in one year. The Shipowners therefore proposed a term of three years, and this compromise was accepted. A further sentence was added, also at the suggestion of the Shipowners, to provide for the recognition as certificated cooks of those who had a satisfactory record of two years' service as cooks at sea. It was pointed out that many existing cooks were giving good service, and that they should not be debarred from employment on account of the new regulations, nor should they be required to pass the test provided for in paragraphs 3 to 5. The suggestion that the two years' service should have taken place before ratification of the instrument caused certain apprehension, and it was therefore decided that the service should be "before the expiration of the period of three years" mentioned in the same paragraph. The Netherlands Shipowners' member drew attention to the difficulty which would arise if it proved necessary to engage a foreign cook from a country which had not ratified the instrument. He subsequently withdrew his amendment on this point in favour of one proposed by the Australian Government member : "The competent PROCEEDINGS OF COPENHAGEN CONFERENCE 13 authority may provide for the recognition of certificates of qualification issued by other countries". This becomes paragraph 2(b) of the final text. On the proposals of the British Seafarers' member, paragraph 5 was rearranged so as to lay chief emphasis on the practical test for cooks rather than on the theoretical knowledge required. The Committee decided that it should be left to the competent authority in each country to decide the minimum age for certificated cooks and the minimum period of sea service to be required before certification. This was made clear in paragraph 6, and paragraphs 7 and 8 were accordingly deleted. The following text was therefore approved by the Committee as a basis for draft international regulations, which the Committee suggests, by 10 votes to 6, might appropriately take the form of a Draft Convention, to be prepared by the International Labour Office for consideration by the maritime session of the International Labour Conference in 1946: Preliminary Text of an International Instrument Making Certification a Condition of Employment as Ship's Cook Scope of Instrument 1. The instrument should apply to sea-going vessels, as defined for this purpose by the central authority, whether publicly or privately owned, which are employed in the transport of cargo or passengers for the purposes of trade. Employment Conditional on Certification 2. (a) After the expiration of a period not exceeding three years from the date on which a country ratifies the instrument, no person should be employed in a vessel to which the instrument applies as ship's cook directly responsible for the preparation of meals for the crew of the ship unless he holds a certificate of qualification as ship's cook granted in accordance with the instrument. Provided always that in the case of a seaman who has had a satisfactory record of two years' service as cook before the expiration of the three years' period mentioned above, a certificate of such service shall be regarded as complying with this instrument. (b) The competent authority may provide for the recognition of certificates of qualification issued by other countries. Examinations and Certificates 3. The competent authority should make arrangements for the holding of examinations and for the granting of certificates of 14 FOOD AND CATERING ON BOARD SHIP qualification as a ship's cook in accordance with the provisions ot the instrument. 4. The examinations may be conducted by the competent authority directly or, subject to its control, by an approved school for the training of cooks or other approved body. 5. The examination should provide a practical test of the candidate's ability to prepare meals. It should 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. Conditions of Granting oj Certificates 6. A certificate of qualification should not be granted to any person unless he has — (a) passed the examination provided for by the instrument; (b) attained a minimum age prescribed by the competent authority ; (c) served at sea for a minimum period prescribed by the competent authority. DISCUSSION IN PLENARY SITTING When the report of the Committee on Food and Catering came before the plenary sitting of the Conference there was no discussion on the principles which the Committee put forward. Both the texts submitted in the report as a basis for Draft International Conventions were adopted by the Conference by 45 votes without opposition. m PROPOSED TEXTS The texts submitted by the Office are in the mandatory form of Draft Conventions, in accordance with the suggestions of the Copenhagen Conference. In addition, the wording and arrangement have been slightly altered in certain cases, either in order to bring the text into line with the wording of existing Conventions or in order to clarify the meaning and prevent possible difficulties of interpretation later. The only more substantial changes which the Office has ventured to make in drafting its proposed texts are noted below. I. FOOD AND CATERING ON BOARD S H I P In Article 1 a new paragraph 2 has been added in place of the words "as defined for this purpose by the central authority". This is in line with what has been done in earlier Conventions and does not in any way alter the sense of the Article. Article 2, as drafted in Copenhagen, read: " 1 . The functions of the central authority should include, except in so far as these matters are dealt with by industrial agreements which fulfil the requirements of this instrument . . . ". It was felt that the word "matters" was unsuitable, as the intention of the text clearly was to refer to the functions mentioned in the opening phrase of the paragraph. These functions must be carried out either by the central authority or through some other agency approved by that authority. In order to make this clear the text has been redrafted to read: " 1 . The functions of the central authority shall include the following, except in so far as these functions are adequately discharged in virtue of collective agreements . . . ". Article 6 has been rearranged in what is thought to be a more logical form. As it now stands it first of all enunciates the general principle that the purpose of the proposed regulations is to ensure the health and well-being of the crews of merchant vessels. It then goes on to indicate some of the ways in which this must be done. In paragraph 2 (a) of the Article, the word "purity" is omitted, although it was included in the text adopted in Copenhagen. The 16 FOOD AND CATERING ON BOARD SHIP reason is that the word "purity" has a certain special technical connotation in connection with foodstuffs, implying the absence of preservatives. It was presumably not the intention to insist that foodstuffs used on board ship should be absolutely pure in this sense, and the Office considers that the term "quality" in the text adequately covers the intention of the Copenhagen Committee. The text of Article 8, paragraph 2, has been brought into line with the corresponding provision of the text on crew accommodation. In the Committee dealing with that subject at Copenhagen, it was pointed out that it might not in every country be the ship's log which was the appropriate place for recording the results of inspection ; consequently it was thought sufficient to state that the results of the inspection should be recorded. It will be for the Conference to decide whether the same wording is considered adequate in the present instance. In Article 9 the Copenhagen Committee had made a point of specifying that the inspections there referred to should be carried out by the national authority and not by any foreign inspectorate. The term "national", however, can give rise to difficulties in federal States where it may be used in contradistinction to State or provincial authorities. The Office has therefore ventured to substitute for this term in its proposed text the words "authority of the territory of registration". II. CERTIFICATION OF S H I P S ' COOKS No change in substance has been made in the text adopted at Copenhagen, but it has been entirely rearranged in a more logical order. The principle is first laid down that no-one may be engaged as ship's cook unless he has a certificate. The conditions for granting that certificate and the methods of examination are then specified. Article 4 goes on to provide for the special case of seamen who have a satisfactory record of service as cooks and who on that account may be exempted from the necessity for passing the prescribed examination. Finally, Article 5 provides for the recognition of certificates issued in other territories. It is hoped that the Conference will agree that this is a clearer and more orderly arrangement than that adopted at Copenhagen. PROPOSED TEXTS PROPOSED DRAFT CONVENTION CONCERNING FOOD AND CATERING FOR CREWS ON BOARD SHIP The General Conference of the International Labour Organisation, Having been convened at . . . . by the Governing Body of the International Labour Office, and having met in its Twenty-eighth Session on and Having decided upon the adoption of certain proposals with regard to food and catering for crews on board ship, which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of a Draft International Convention adopts this day of of the year one thousand nine hundred and forty-six the following Draft Convention which may be cited as the Food and Catering (Ships' Crews) Convention, 1946: ARTICLE 1 1. Every Member of the International Labour Organisation for which this Convention is in force shall maintain, or satisfy itself that there is maintained, a central authority charged with the responsibility of promoting a proper standard of food supply and catering service for the crews of its AVANT-PROJET DE CONVENTION CONCERNANT L'ALIMENTATION ET LE SERVICE DE TABLE A BORD DES NAVIRES La Conférence générale de l'Organisation internationale du Travail, Convoquée à par le Conseil d'administration du Bureau international du Travail, et s'y étant réunie le 1946 en sa vingt-huitième session, Après avoir décidé d'adopter diverses propositions relatives à l'alimentation et au service de table à bord des navires, question qui constitue le quatrième point à l'ordre du jour de la session, Après avoir décidé que ces propositions prendraient la forme d'un projet de convention internationale, adopte, ce jour de mil neuf cent quarante-six, le projet de convention ci-après, qui sera dénommé Convention sur l'alimentation et le service de table (équipages des navires), 1946: ARTICLE 1 1. Tout Membre de l'Organisation internationale du Travail pour lequel la présente convention est en vigueur doit maintenir, ou s'assurer qu'il est maintenu, une autorité centrale chargée de faciliter l'établissement d'un niveau satisfaisant d'alimentation et de service de table pour les équipages 20 FOOD AND CATERING ON BOARD SHIP 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 shall determine when vessels are to be regarded as sea-going vessels for the purpose of this Convention. ARTICLE 2 The functions of the central authority shall include the following, except in so far as these functions are adequately discharged in virtue of collective agreements : (a) The framing and enforcement of regulations concerning food and water supplies, catering, and the construction, location, ventilation, heating, lighting, water supply and equipment of galleys and other catering department spaces on board ship, including store rooms and refrigerated chambers; (b) The inspection of food and water supplies and of the accommodation, arrangements and equipment on board ship for the storage, handling and preparation of food; (c) The recruitment, training and certification of catering department staff; (d) Research into, and educational and propaganda work concerning methods of ensuring proper food supply and catering service. PROPOSED DRAFT CONVENTION 21 de ses navires de mer, de propriété publique ou privée, qui sont affectés, pour des fins commerciales, au transport de marchandises ou de passagers et qui sont immatriculés dans un territoire pour lequel la présente convention est en vigueur. 2. La législation nationale définira les navires qui seront réputés navires de mer pour l'application de la présente convention. ARTICLE 2 L'autorité centrale exercera les fonctions suivantes, sauf dans la mesure où celles-ci sont remplies de manière adéquate en vertu de conventions collectives: a) élaboration et application de règlements concernant les provisions de vivres et d'eau et le service de table, ainsi que la construction, l'emplacement, l'aération, le chauffage, l'approvi-. sionnement en eau et l'équipement de la cuisine et des autres locaux du bord affectés au service général, y compris les soutes aux vivres et les compartiments frigorifiques ; b) inspection à bord des provisions de vivres et d'eau, ainsi que des locaux, aménagements et équipement pour l'emmagasinage, la manutention et la préparation des denrées d'alimentation; c) recrutement et formation professionnelle du personnel de cuisine et de table et délivrance de diplômes de capacité à ce personnel ; d) étude de méthodes propres à assurer aux équipages une alimentation et un service de table satisfaisants et diffusion d'informations éducatives sur ces méthodes. 22 FOOD AND CATERING ON BOARD SHIP ARTICLE 3 1. The central authority shall work in close co-operation with the organisations of shipowners and seafarers and with national or local authorities concerned with questions of food and health, and may where necessary utilise the services of such authorities. 2. The activities of the various authorities shall be duly co-ordinated so as to avoid overlapping or uncertainty of jurisdiction. ARTICLE 4 1. The central authority shall have a permanent staff of qualified persons, including inspectors. 2. The staff of the authority shall be given such a status and such a standard of remuneration as to secure their freedom from any improper external influence. 3. No member of the staff shall have any interest in any undertaking which, or the products of which, may come under his supervision. ARTICLE 5 The functions of the central authority in respect of the recruitment, training and certification of catering department staff may be discharged by participation in the work of any central organisation or authority exercising similar functions in respect of seafarers generally. PROPOSED DRAFT CONVENTION 23 ARTICLE 3 1. L'autorité centrale doit exercer son activité en étroite collaboration avec les organisations d'armateurs et de gens de mer et avec les autorités nationales ou locales qui s'occupent des questions d'alimentation et d'hygiène publique; elle peut, en cas de besoin, utiliser les services des autorités susmentionnées. 2. Les activités de ces diverses autorités doivent être coordonnées en vue d'éviter tout chevauchement ou incertitude de compétence. ARTICLE 4 1. L'autorité centrale doit disposer d'un personnel permanent pleinement qualifié, comprenant des inspecteurs. 2. Ce personnel jouira d'une situation et d'une rémunération suffisantes pour le soustraire à toute influence extérieure nuisible à l'accomplissement loyal de ses fonctions. 3. Aucun membre dudit personnel ne doit avoir d'intérêt, de quelque nature que ce soit, dans une entreprise sur laquelle ou sur les produits de laquelle il pourrait avoir à exercer sa surveillance. ARTICLE S L'autorité centrale peut s'acquitter de ses fonctions relatives au recrutement et à la formation professionnelle du personnel de cuisine et de table et à la délivrance de diplômes de capacité à ce personnel en participant aux travaux de toute organisation centrale ou autorité centrale qui exerce, pour l'ensemble des gens de mer, des fonctions analogues aux siennes. 24 FOOD AND CATERING ON BOARD SHIP ARTICLE 6 1. Each Member shall maintain in force laws or regulations concerning food supply and catering arrangements designed to secure the health and well-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 regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety ; (b) the arrangement, equipment and manning of the catering department in every vessel in such a manner as to permit of the service of proper meals to the members of the crew. ARTICLE 7 National laws or regulations shall provide for a system of inspection by the competent authority of — (a) supplies of food and water ; (b) all spaces and equipment used for the storage and handling of food and water ; (c) galley and other equipment for the preparation and service of meals; and (d) the qualifications of the members of the catering department of the crew. ARTICLE 8 1. National laws or regulations shall provide for inspection PROPOSE» DRAFT CONVENTION 25 ARTICLE 6 1. Tout Membre doit maintenir en vigueur une législation sur l'alimentation et le service de table visant à sauvegarder la santé et à assurer ie bien-être des équipages des navires mentionnés à l'article premier. 2. Cette législation doit exiger : a) un approvisionnement en vivres et en eau suffisant — compte tenu de l'effectif de l'équipage et de la durée et du caractère du voyage — sous le rapport de la quantité, de la valeur nutritive, de la qualité et de la variété; b) un aménagement, un équipement et un personnel du service de cuisine et de table à bord de tout navire qui permettent de fournir des repas convenables aux membres de l'équipage. ARTICLE 7 La législation nationale doit prévoir un système de contrôle par l'autorité compétente: a) des provisions de vivres et d'eau ; b) de tous locaux et équipement utilisés pour l'emmagasinage et la manutention des vivres et de l'eau; c) de la cuisine et de toute autre installation utilisée pour la préparation et le service des repas ; d) des aptitudes professionnelles du personnel de cuisine et de table affecté au service de l'équipage. ARTICLE 8 1. La législation nationale doit prévoir l'inspection à la mer, à 26 FOOD AND CATERING ON BOAHD SHIP at sea at prescribed intervals by the master, or an officer specially deputed for the purpose by him, together with the chief steward of— (a) supplies of food and water; (b) all spaces and equipment used for the storage and handling of food and water, and galley and other equipment for the preparation and service of meals. 2. The results of each such inspection shall be recorded. ARTICLE 9 Special inspection shall be made by the representatives of the authority of the territory of registration on written complaint made by a number or proportion of the crew prescribed by national laws or regulations or on behalf of a recognised organisation of shipowners or seafarers. In order to avoid delay in sailing, complaints by members of the crew should be submitted as soon as possible but at least twentyfour hours before departure from port. ARTICLE 10 1. Inspectors shall have authority to make recommendations to the owner of a ship, or to the master or other person responsible, with a view to the improvement of the standard of catering. 2. National laws or regulations shall prescribe penalties for — PROPOSED DRAFT CONVENTION 27 des intervalles de temps prescrits.. par le capitaine, ou par un officier spécialement désigné par lui à cet effet, accompagné du maître d'hôtel : a) des provisions de vivres et d'eau; b) de tous locaux et équipement utilisés pour l'emmagasinage et la manutention des vivres et de l'eau, ainsi que de la cuisine et de toute autre installation utilisée pour la préparation et le service des repas. 2. Les résultats de chaque inspection doivent être consignés par écrit. ARTICLE 9 Les représentants de l'autorité du territoire d'immatriculation procéderont à des inspections spéciales sur toute plainte écrite portée par un nombre ou une fraction des membres de l'équipage fixé par la législation nationale, ou formulée au nom d'une organisation reconnue d'armateurs ou de gens de mer. Afin de ne pas retarder le départ du navire, les plaintes émanant de membres de l'équipage devraient être déposées aussitôt que possible, et au moins vingt-quatre heures avant que le navire quitte un port. ARTICLE 10 1. Tout inspecteur a la compétence de faire des recommandations à l'armateur ou au capitaine d'un navire ou à toute autre personne responsable, en vue de l'amélioration des conditions du service de cuisine ou de table à bord. 2. La législation nationale doit prévoir des sanctions à l'égard de: 28 FOOD AND CATERING ON BOARD SHIP (a) failure by an owner, master, member of the crew, or other person responsible to comply with the requirements of the national laws or regulations in force ; and (b) any attempt to obstruct an inspector in the discharge of his duties. 3. Inspectors shall submit regularly to the central authority reports framed on uniform lines dealing with their work and its results. ARTICLE 11 1. The competent authority shall prepare an annual report. 2. The annual report shall be issued as soon as practicable after the end of the year to which it relates and shall be made readily available to all bodies and persons concerned. 3. Copies of the annual report shall be transmitted to the International Labour Office. ARTICLE 12 1. Courses of training for employment in the catering department of sea-going ships shall be organised either in special schools or by means of other arrangements acceptable to both shipowners' and seafarers' organisations. 2. Facilities shall be provided for refresher courses to enable persons already trained to bring their knowledge and skill up to date. PROPOSED DRAFT CONVENTION 29 a) tout armateur, capitaine, membre de l'équipage ou autre personne responsable qui ne se conforme pas aux stipulations de la législation nationale en vigueur ; b) toute personne qui tente d'empêcher un inspecteur d'exercer ses fonctions. 3. Les inspecteurs doivent soumettre à l'autorité centrale des rapports périodiques, établis suivant un cadre déterminé, sur leur activité professionnelle et ses résultats. ARTICLE 11 1. L'autorité compétente établira un rapport annuel. 2. Ce rapport sera publié le plus tôt possible après la fin de l'année sur laquelle il porte, et il devra être mis librement à la disposition de toutes les organisations ou personnes intéressées. 3. Des exemplaires du rapport susmentionné seront transmis au Bureau international du Travail. ARTICLE 12 1. Des cours de formation professionnelle à l'intention des personnes qui se destinent au service de table ou de cuisine à bord des navires de mer seront organisés soit dans des établissements spéciaux d'enseignement, soit à l'aide d'autres moyens agréés d'un commun accord par les organisations des armateurs et les organisations des gens de mer. 2. Toutes facilités devront être prévues pour l'organisation de cours spéciaux destinés à permettre aux personnes qui possèdent déjà une formation professionnelle de perfectionner leurs connaissances théoriques et pratiques. 30 FOOD AND CATERING ON BOARD SHIP ARTICLE 13 1. The central authority shall collect up-to-date information on nutrition and on methods of purchasing, storing, preserving, cooking and serving food, with special reference to the requirements of catering on board ship. 2. This information shall be made available, free of charge or at reasonable cost, to manufacturers of and traders in ships' food supplies and equipment, ships' masters, stewards and cooks, and shipowners and seafarers and their organisations generally; appropriate forms of publicity, such as manuals, brochures, posters, charts or advertisements in trade journals shall be used for this purpose. 3. The central authority shall issue recommendations to avoid wastage of food, facilitate the maintenance of a proper standard of cleanliness, and ensure the maximum practicable convenience in working. 31 PROPOSED DRAFT CONVENTION ARTICLE 13 1. L'autorité centrale recueillera des informations aussi récentes que possible sur l'alimentation et les méthodes d'achat, d'emmagasinage et de conservation des vivres, ainsi que sur la préparation et le service des repas, en tenant compte spécialement des conditions particulières du service de cuisine et de table à bord. 2. Ces informations seront mises gratuitement ou à peu de frais à la disposition des fabricants et des commerçants spécialisés dans la fourniture de vivres ou de matériel de cuisine et de table pour les navires, des capitaines, maîtres d'hôtel et cuisiniers de navire, et des armateurs et gens de mer et de leurs organisations en général. A cette fin, seront utilisés des moyens de vulgarisation, tels que l'édition de manuels, de tracts, d'affiches ou de graphiques ou l'insertion d'annonces dans des périodiques syndicaux. 3. L'autorité centrale fera toutes recommandations utiles en vue d'éviter le gaspillage de vivres, de faciliter le maintien d'un état convenable de propreté et d'assurer la commodité maximum du travail. PROPOSED DRAFT CONVENTION CONCERNING THE CERTIFICATION OF SHIPS* COOKS The General Conference of the International Labour Organisation, Having been convened at . . . . by the Governing Body of the International Labour Office, and having met in its Twenty-eighth Session on 30 May 1946, and Having decided upon the adoption of certain proposals with regard to the certification of ships' cooks, which is included in the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of a Draft International Convention adopts this day of June of the year one thousand nine hundred and forty-six the following Draft Convention which may be cited as the Certification of Ships' Cooks Convention, 1946: 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 AVANT-PROJET DE CONVENTION CONCERNANT LE DIPLÔME D E CAPACITÉ PROFESSIONNELLE DES CUISINIERS DE NAVIRE La Conférence générale de l'Organisation internationale du Travail, Convoquée à par le Conseil d'administration du Bureau international du Travail, et s'y étant réunie le 1946 en sa vingt-huitième session, Après avoir décidé d'adopter diverses propositions relatives au diplôme de capacité professionnelle des cuisiniers de navire, question qui constitue le quatrième point à l'ordre du jour de la session, Après avoir décidé que ees propositions prendraient la forme d'un projet de convention internationale, adopte, ce jour de mil neuf cent quarante-six, le projet de convention ci-après, qui sera dénommé Convention sur le diplôme de capacité des cuisiniers de navire, 1946: ARTICLE 1 1. La présente convention s'applique à tout navire de mer, de propriété publique ou privée, qui est affecté, pour des fins commerciales, au transport de marchandises ou de passagers et qui 34 FOOD AND CATERING ON BOARD SHIP for which this Convention is in force. 2. National laws or regulations shall determine when vessels are to be regarded as sea-going vessels for the purpose of this Convention. ARTICLE 2 No person shall be engaged for employment on board any vessel to which this Convention applies as ship's cook directly responsible for the preparation of meals for the crew of the ship unless he holds a certificate of qualification as ship's cook granted in accordance with the provisions of the following articles. ARTICLE 3 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 pro- PROPOSED DRAFT CONVENTION 35 est immatriculé dans un territoire pour lequel la présente convention est en vigueur. 2. La législation nationale définira les navires qui seront réputés navires de mer pour l'application de la présente convention. ARTICLE 2 Nul ne peut être engagé à bord d'un navire auquel s'applique la présente convention pour y être employé en qualité de cuisinier directement responsable de la préparation des repas de l'équipage s'il n'est titulaire d'un diplôme attestant son aptitude à exercer la profession de cuisinier de navire, délivré conformément aux dispositions des articles ciaprès. ARTICLE 3 1. L'autorité compétente prendra toutes dispositions utiles pour la tenue d'examens professionnels et la délivrance de diplômes de capacité. 2. Nul ne peut obtenir un diplôme de capacité : a) s'il n'a atteint un âge minimum qui sera fixé par l'autorité compétente ; b) s'il n'a servi à la mer pendant une période minimum qui sera fixée par l'autorité compétente ; c) s'il n'a subi avec succès l'examen prescrit par l'autorité compétente. 3. L'examen prescrit doit comporter une épreuve pratique portant sur l'aptitude du candidat à préparer des repas; il doit également comprendre des épreuves portant sur la valeur nutritive 36 FOOD AND CATERING ON BOARD SHIP perly balanced menus, and the handling and storage of food on board ship. 4. The prescribed examination may be conducted by the competent authority directly or conducted, subject to its control, by an approved school for the training of cooks or other approved body. ARTICLE 4 Article 2 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, a certificate of such service shall be accepted as equivalent to a certificate of qualification. ARTICLE 5 The competent authority may provide for the recognition of certificates of qualification issued in other territories. PROPOSED DRAFT CONVENTION 37 des denrées alimentaires, sur l'établissement de menus variés et bien composés et sur la manutention et l'emmagasinage des vivres à bord. 4. L'examen prescrit peut être assuré soit directement par l'autorité compétente, soit, sous le contrôle de celle-ci, par une école de cuisine agréée ou toute autre institution agréée. ARTICLE 4 L'article 2 ci-dessus prendra effet à l'expiration d'un délai ne dépassant pas trois ans à compter de la date de l'entrée en vigueur de la présente convention pour le territoire dans lequel le navire est immatriculé; toutefois, dans le cas d'un marin qui a accompli deux années de service satisfaisant en qualité de cuisinier avant l'expiration de la période susmentionnée, un certificat attestant cet emploi sera reconnu comme l'équivalent d'un diplôme de capacité. ARTICLE 5 L'autorité compétente peut prévoir la reconnaissance des diplômes de capacité délivrés dans d'autres territoires.