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法律法规

YAR对照

发布时间:2013-10-14
YORK/ANTWERP RULES, 1974

YORK-ANTWERP RULES, 1994

YORK-ANTWERP RULES, 2004

RULE OF INTERPRETATION  解释规则

RULE OF INTERPRETATION  解释规则

In the adjustment of general average the following Rules shall apply to the exclusion of any Law and Practice inconsistent therewith.

 

共同海损理算,适用下列规则,凡与这些规则相抵触的法律和惯例都不适用。

In the adjustment of general average the following Rules shall apply to the exclusion of any Law and Practice inconsistent therewith.

 

共同海损理算,适用下列规则,凡与这些规则相抵触的法律和惯例都不适用。

 

 

Except as provided by the Rule Paramount and the numbered Rules, general average shall be adjusted according to the lettered Rules.

首要规则和数字规则已有规定者外,共同海损应按字母规则理算。

Except as provided by the Rule Paramount and the numbered Rules, general average shall be adjusted according to the lettered Rules.

除首要规则和数字规则已有规定者外,共同海损应按字母规则理算。

 

 

RULE PARAMOUNT首要规则

RULE PARAMOUNT首要规则

In no case shall there be any allowance for sacrifice or expenditure unless reasonably made or incurred.

牺牲或费用,除合理做出或支付者外,不得受到补偿。

In no case shall there be any allowance for sacrifice or expenditure unless reasonably made or incurred.

牺牲或费用,除合理做出或支付者外,不得受到补偿。

 

 

RULE A规则A

RULE A规则A

There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.

只有在为了共同安全,使同一航程中的财产脱离危险,有意而合理地做出特殊牺牲或支付特殊费用时,才能构成共同海损行为。

1) There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.

1) 只有在为了共同安全,使同一航程中的财产脱离危险,有意而合理地做出特殊牺牲或支付特殊费用时,才能构成共同海损行为。

 

 

General average sacrifices and expenditures shall be borne by the different contributing interests on the basis hereinafter provided.

共同海损牺牲和费用,应按下列规定,由各分摊方分摊。

2) General average sacrifices and expenditures shall be borne by the different contributing interests on the basis hereinafter provided.

2)共同海损牺牲和费用,应按下列规定,由各分摊方分摊。

 

 

RULE B规则B

RULE B 规则B

There is a common maritime adventure when one or more vessels are towing or pushing another vessel or vessels, provided that they are all involved in commercial activities and not in a salvage operation.

如果船舶拖带或顶推其他船舶而它们都从事商业活动而不是救助作业,则处于同一航程之中。

1) There is a common maritime adventure when one or more vessels are towing or pushing another vessel or vessels, provided that they are all involved in commercial activities and not in a salvage operation.

1)如果船舶拖带或顶推其他船舶而它们都从事商业活动而不是救助作业,则处于同一航程之中。

 

 

When measures are taken to preserve the vessels and their cargoes, if any, from a common peril, these Rules shall apply.

如果所采取的措施是为了使这些船舶及其货物(如果有)脱离共同危险,则应适用本规则。

When measures are taken to preserve the vessels and their cargoes, if any, from a common peril, these Rules shall apply.

如果所采取的措施是为了使这些船舶及其货物(如果有)脱离共同危险,则应适用本规则。

 

 

A vessel is not in common peril with another vessel or vessels if by simply disconnecting from the other vessel or vessels she is in safety; but if the disconnection is itself a general average act the common maritime adventure continues.

如果一艘船舶只要脱离其他船舶便能获得安全,则同其他船舶不处于共同的危险之中,但如果脱离本身是共同海损行为,则共同航程继续存在。

2) A vessel is not in common peril with another vessel or vessels if by simply disconnecting from the other vessel or vessels she is in safety; but if the disconnection is itself a general average act the common maritime adventure continues.

2)如果一艘船舶只要脱离其他船舶便能获得安全,则同其他船舶不处于共同的危险之中,但如果脱离本身是共同海损行为,则共同航程继续存在。

 

 

RULE C规则C

RULE C规则C

Only such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average.

只有属于共同海损行为直接后果的损失或费用,才应作为共同海损。

1) Only such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average.

1)只有属于共同海损行为直接后果的损失或费用,才应作为共同海损。

 

 

In no case shall there be any allowance in general average for losses, damages or expenses incurred in respect of damage to the environment or in consequence of the escape or release of pollutant substances from the property involved in the common maritime adventure.

环境损害或因同一航程中的财产漏出或排放污染物所引起的损失或费用不得认作共同海损。

2) In no case shall there be any allowance in general average for losses, damages or expenses incurred in respect of damage to the environment or in consequence of the escape or release of pollutant substances from the property involved in the common maritime adventure.

2)环境损害或因同一航程中的财产漏出或排放污染物所引起的损失或费用不得认作共同海损。

 

 

Demurrage, loss of market, and any loss or damage sustained or expense incurred by reason of delay, whether on the voyage or subsequently, and any indirect loss whatsoever, shall not be admitted as general average.

不论是在航程中或其后发生的滞期损失、行市损失和任何因迟延所遭受的损失或支付的费用以及任何间接损失都不得认作共同海损。

3) Demurrage, loss of market, and any loss or damage sustained or expense incurred by reason of delay, whether on the voyage or subsequently, and any indirect loss whatsoever, shall not be allowed as general average.

3)不论是在航程中或其后发生的滞期损失、行市损失和任何因迟延所遭受的损失或支付的费用以及任何间接损失都不得认作共同海损。

 

 

RULE D规则D

RULE D规则D

Rights to contribution in general average shall not be affected, though the event which gave rise to the sacrifice or expenditure may have been due to the fault of one of the parties to the adventure, but this shall not prejudice any remedies or defences which may be open against or to that party in respect of such fault.

即使引起牺牲或费用的事故,可能是由于航程中某一方的过失所造成的,也不影响要求分摊共同海损的权利,但这不妨碍非过失方与过失方之间就此项过失可能提出的任何索赔或抗辩。

Rights to contribution in general average shall not be affected, though the event which gave rise to the sacrifice or expenditure may have been due to the fault of one of the parties to the adventure, but this shall not prejudice any remedies or defences which may be open against or to that party in respect of such fault.

即使引起牺牲或费用的事故,可能是由于航程中某一方的过失所造成的,也不影响要求分摊共同海损的权利,但这不妨碍非过失方与过失方之间就此项过失可能提出的任何索赔或抗辩。

 

 

RULE E规则E

RULE E规则E

The onus of proof is upon the party claiming in general average to show that the loss or expense claimed is properly allowable as general average.

提出共同海损索赔的一方应负举证责任,证明所索赔的损失或费用应作为共同海损。

1) The onus of proof is upon the party claiming in general average to show that the loss or expense claimed is properly allowable as general average.

1)提出共同海损索赔的一方应负举证责任,证明所索赔的损失或费用应作为共同海损。

 

 

All parties claiming in general average shall give notice in writing to the average adjuster of the loss or expense in respect of which they claim contribution within 12 months of the date of the termination of the common maritime adventure.

所有提出共同海损索赔的关系方应于共同航程终止后十二个月内将要求分摊的损失或费用书面通知海损理算师。

2) All parties claiming in general average shall give notice in writing to the average adjuster of the loss or expense in respect of which they claim contribution within 12 months of the date of the termination of the common maritime adventure.

2)所有提出共同海损索赔的关系方应于共同航程终止后十二个月内将要求分摊的损失或费用书面通知海损理算师。

 

 

Failing such notification, or if within 12 months of a request for the same any of the parties shall fail to supply evidence in support of a notified claim, or particulars of value in respect of a contributory interest, the average adjuster shall be at liberty to estimate the extent of the allowance or the contributory value on the basis of the information available to him, which estimate may be challenged only on the ground that it is manifestly incorrect.

如不通知或经要求后十二个月内不提供证据支持所通知的索赔或关于分摊方的价值的详细材料,则海损理算师可以根据他所掌握的材料估算补偿数额或分摊价值。除非估算明显不正确,否则不得提出异议。

Failing such notification, or if within 12 months of a request for the same any of the parties shall fail to supply evidence in support of a notified claim, or particulars of value in respect of a contributory interest, the average adjuster shall be at liberty to estimate the extent of the allowance or the contributory value on the basis of the information available to him, which estimate may be challenged only on the ground that it is manifestly incorrect.

如不通知或经要求后十二个月内不提供证据支持所通知的索赔或关于分摊方的价值的详细材料,则海损理算师可以根据他所掌握的材料估算补偿数额或分摊价值。除非估算明显不正确,否则不得提出异议。

 

 

RULE F规则F

RULE F规则F

Any additional expense incurred in place of another expense which would have been allowable as general average shall be deemed to be general average and so allowed without regard to the saving, if any, to other interests, but only up to the amount of the general average expense avoided.

凡为代替本可作为共同海损的费用而支付的额外费用,可作为共同海损并受到补偿,无须考虑对于其他有关方有无节省,但其数额不得超过被代替的共同海损费用。

Any additional expense incurred in place of another expense which would have been allowable as general average shall be deemed to be general average and so allowed without regard to the saving, if any, to other interests, but only up to the amount of the general average expense avoided.

凡为代替本可作为共同海损的费用而支付的额外费用,可作为共同海损并受到补偿,无须考虑对于其他有关方有无节省,但其数额不得超过被代替的共同海损费用。

 

 

RULE G规则G

RULE G规则G

General average shall be adjusted as regards both loss and contribution upon the basis of values at the time and place when and where the adventure ends.

共同海损损失和分摊的理算,应以航程终止的时间和地点的价值为基础。

1) General average shall be adjusted as regards both loss and contribution upon the basis of values at the time and place when and where the adventure ends.

1)共同海损损失和分摊的理算,应以航程终止的时间和地点的价值为基础。

 

 

This rule shall not affect the determination of the place at which the average statement is to be made up.

本条规定不影响对编制海损理算书地点的决定。

This rule shall not affect the determination of the place at which the average statement is to be made up.

本条规定不影响对编制海损理算书地点的决定。

 

 

When a ship is at any port or place in circumstances which would give rise to an allowance in general average under the provisions of Rules X and XI, and the cargo or part thereof is forwarded to destination by other means, rights and liabilities in general average shall, subject to cargo interests being notified if practicable, remain as nearly as possible the same as they would have been in the absence of such forwarding, as if the adventure had continued in the original ship for so long as justifiable under the contract of affreightment and the applicable law.

船舶在任何港口或地点停留,而根据规则十和十一的规定将发生共同海损补偿时,如果全部货物或其中的一部分用其他运输方式运往目的地并已尽可能通知了货方,则共同海损的权利和义务,将尽可能地如同没有此一转运而是在运输合同和所适用的法律所许可的时间内可以由原船继续原航程一样。

2) When a ship is at any port or place in circumstances which would give rise to an allowance in general average under the provisions of Rules X and XI, and the cargo or part thereof is forwarded to destination by other means, rights and liabilities in general average shall, subject to cargo interests being notified if practicable, remain as nearly as possible the same as they would have been in the absence of such forwarding, as if the adventure had continued in the original ship for so long as justifiable under the contract of affreightment and the applicable law.

2)船舶在任何港口或地点停留,而根据规则十和十一的规定将发生共同海损补偿时,如果全部货物或其中的一部分用其他运输方式运往目的地并已尽可能通知了货方,则共同海损的权利和义务,将尽可能地如同没有此一转运而是在运输合同和所适用的法律所许可的时间内可以由原船继续原航程一样。

 

 

The proportion attaching to cargo of the allowances made in general average by reason of applying the third paragraph of this Rule shall not exceed the cost which would have been borne by the owners of cargo if the cargo had been forward at their expense.

因适用本条第三款,认作共同海损补偿而由货物分摊的部分不应超过假如由货主承担费用把货物转运至目的港所应支付的费用。

The proportion attaching to cargo of the allowances made in general average by reason of applying the third paragraph of this Rule shall not exceed the cost which would have been borne by the owners of cargo if the cargo had been forward at their expense.

因适用本条第三款,认作共同海损补偿而由货物分摊的部分不应超过假如由货主承担费用把货物转运至目的港所应支付的费用。

 

 

RULE I. JETTISON OF CARGO

规则一 抛弃货物

RULE I. JETTISON OF CARGO

规则一 抛弃货物

No jettison of cargo shall be made good as general average, unless such cargo is carried in accordance with the recognised custom of the trade.

被抛弃的货物, 除非按照公认的海运习惯运送,不得作为共同海损受到补偿。

No jettison of cargo shall be allowed as general average, unless such cargo is carried in accordance with the recognised custom of the trade.

被抛弃的货物, 除非按照公认的海运习惯运送,不得作为共同海损受到补偿。

 

 

RULE II LOSS OR DAMAGE BY SACRIFICES FOR THE COMMON SAFETY

规则二 为了共同安全做出牺牲所造成的损失

RULE II LOSS OR DAMAGE BY SACRIFICES FOR THE COMMON SAFETY

规则二 为了共同安全做出牺牲所造成的损失

Loss of or damage to the property involved in the common maritime adventure by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as general average.

为了共同安全做出牺牲或其后果和为了共同安全进行抛弃而开舱或打洞以致进水,造成共同航程中的财产的损失,应作为共同海损受到补偿。

Loss of or damage to the property involved in the common maritime adventure by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be allowed as general average.

为了共同安全做出牺牲或其后果和为了共同安全进行抛弃而开舱或打洞以致进水,造成共同航程中的财产的损失,应作为共同海损受到补偿。

 

 

RULE III. EXTINGUISHING FIRE ON SHIPBOARD

规则三 扑灭船上火灾

RULE III. EXTINGUISHING FIRE ON SHIPBOARD

规则三 扑灭船上火灾

Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as general average; except that no compensation shall be made for damage by smoke however caused or by heat of the fire.

为了扑灭船上火灾,因水或其他原因使船舶、货物遭受损坏,包括将着火船舶搁浅或凿沉所造成的损坏,均应作为共同海损受到补偿。但由于烟熏或因火引起热烤所造成的损坏除外。

Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be allowed as general average; except that no allowance shall be made for damage by smoke however caused or by heat of the fire.

为了扑灭船上火灾,因水或其他原因使船舶、货物遭受损坏,包括将着火船舶搁浅或凿沉所造成的损坏,均应作为共同海损受到补偿。但由于烟熏或因火引起热烤所造成的损坏除外。

 

 

RULE IV. CUTTING AWAY WRECK

规则四 切除残余部分

RULE IV. CUTTING AWAY WRECK

规则四 切除残余部分

Loss or damage sustained by cutting away wreck or parts of the ship which have been previously carried away or are effectively lost by accident shall not be made good as general average.

因切除由于意外事故原已折断或实际上已经毁损的船舶残留部分所遭受的损失,不得作为共同海损受到补偿

Loss or damage sustained by cutting away wreck or parts of the ship which have been previously carried away or are effectively lost by accident shall not be allowed as general average.

因切除由于意外事故原已折断或实际上已经毁损的船舶残留部分所遭受的损失,不得作为共同海损受到补偿。

 

 

RULE V. VOLUNTARY STRANDING

规则五 有意搁浅

RULE V. VOLUNTARY STRANDING

规则五 有意搁浅

When a ship is intentionally run on shore for the common safety, whether or not she might have been driven on shore, the consequent loss or damage to the property involved in the common maritime adventure shall be allowed in general average.

船舶无论是否势必搁浅,如果为了共同安全有意搁浅,因此所造成的共同航程中的财产的损失应认作共同海损。

When a ship is intentionally run on shore for the common safety, whether or not she might have been driven on shore, the consequent loss or damage to the property involved in the common maritime adventure shall be allowed in general average.

船舶无论是否势必搁浅,如果为了共同安全有意搁浅,因此所造成的共同航程中的财产的损失应认作共同海损。

 

 

RULE VI. SALVAGE REMUNERATION

规则六 救助报酬

RULE VI. SALVAGE REMUNERATION

规则六 救助报酬

(a) Expenditure incurred by the parties to the adventure in the nature of salvage, whether under contract or otherwise, shall be allowed in general average provided that the salvage operations were carried out for the purpose of preserving from peril the property involved in the common maritime adventure.

(1)航程中各有关方所支付的救助费用,不论救助是否根据契约进行,都应认入共同海损,但以使在同一航程中的财产脱离危险而进行的救助为限。

(a) Salvage payments, including interest thereon and legal fees associated with such payments, shall lie where they fall and shall not be allowed in General Average, save only that if one party to the salvage shall have paid all or any of the proportion of salvage (including interest and legal fees) due from another party (calculated on the basis of salved values and not General Average contributory values), the unpaid contribution to salvage due from that other party shall be credited in the adjustment to the party that has paid it, and debited to the party on whose behalf the payment was made.

(1) 救助款项,包括所生利息和相关的法律费用,应由付款方自行承担而不得认入共同海损,除非与救助有关的一方已支付应由另一方承担的(根据获救价值而不是按共同海损分摊价值计算的)全部或部分救助费用(包括利息和法律费用),在理算中,应由另一方支付但该方未付的救助费用应贷记付款方,借记由他方代其付款的一方。

 

 

Expenditure allowed in general average shall include any salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment such as is referred to in Art.13 paragraph 1(b) of the International Convention on Salvage, 1989 have been taken into account.

认入共同海损的费用应包括1989年国际救助公约第13条第1款(b)所述的考虑到救助人在防止或减轻环境损害中的技艺和努力而付给救助人的任何救助报酬。

 

 

 

(b) Special compensation payable to a salvor by the shipowner under Art. 14 of the said Convention to the extent specified in paragraph 4 of the Article or under any other provision similar in substance shall not be allowed in general average.

2)根据上述公约第14条第4款或任何其他实质上类似的规定由船舶所有人付给救助人的特别补偿不得认入共同海损。

(b) Salvage payments referred to in paragraph (a) above shall include any salvage remuneration in which the skill and efforts of the salvors in preventing or minimizing damage to the environment such as is referred to in Art. 13 paragraph 1(b) of the International Convention on Salvage 1989 have been taken into account.

(2)上述第一段中所指的救助费用应包括1989年国际救助公约第13条第1款(b)所述的考虑到救助人在防止或减轻环境损害中的技艺和努力而付给救助人的任何救助报酬。

 

 

 

(c) Special compensation payable to a salvor by the shipowner under Art. 14 of the said Convention to the extent specified in paragraph 4 of the Article or under any other provision similar in substance (such as Scopic) shall not be allowed in general average and shall not be considered a salvage payment as referred to in paragraph (a) of this Rule.

3)根据上述公约第14条第4款或任何其他实质上类似的规定(SCOPIC)由船舶所有人付给救助人的特别补偿不得认入共同海损,也不被认为是本条第(1)款下的救助报酬。

 

 

RULE VII. DAMAGE TO MACHINERY AND BOILERS

规则七 机器和锅炉的损坏

RULE VII. DAMAGE TO MACHINERY AND BOILERS

规则七 机器和锅炉的损坏

Damage caused to any machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage; but where a ship is afloat no loss or damage caused by working the propelling machinery and boilers shall in any circumstances be made good as general average.

在船舶搁浅并有危险的情况下,如经证明确是为了共同安全,有意使机器、锅炉冒受损坏的危险而设法起浮船舶,由此造成任何机器和锅炉的损坏,应认入共同海损,但船舶在浮动状态下因使用推进机器和锅炉所造成的损失,在任何情况下都不得作为共同海损受到补偿。

Damage caused to any machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage; but where a ship is afloat no loss or damage caused by working the propelling machinery and boilers shall in any circumstances be allowed as general average.

在船舶搁浅并有危险的情况下,如经证明确是为了共同安全,有意使机器、锅炉冒受损坏的危险而设法起浮船舶,由此造成任何机器和锅炉的损坏,应认入共同海损,但船舶在浮动状态下因使用推进机器和锅炉所造成的损失,在任何情况下都不得作为共同海损受到补偿。

 

 

RULE VIII. EXPENSES LIGHTENING A SHIP WHEN ASHORE,AND CONSEQUENT DAMAGE

规则八 减载搁浅船舶所引起的费用和损坏

RULE VIII. EXPENSES LIGHTENING A SHIP WHEN ASHORE,AND CONSEQUENT DAMAGE

规则八 减载搁浅船舶所引起的费用和损坏

When a ship is ashore and cargo and ship's fuel and stores or any of them are discharged as a general average act, the extra cost of lightening, lighter hire and reshipping (if incurred), and any loss or damage to the property involved in the common Maritime adventure in consequence thereof, shall be admitted as general average.

作为共同海损行为而卸下搁浅船舶的货物、船用燃料和物料时,其减载、租用驳船和重装(如果发生)的额外费用和由此造成共同航程中的财产的任何灭失或损坏,都应认作共同海损。

When a ship is ashore and cargo and ship's fuel and stores or any of them are discharged as a general average act, the extra cost of lightening, lighter hire and reshipping (if incurred), and any loss or damage to the property involved in the common Maritime adventure in consequence thereof, shall be allowed as general average.

作为共同海损行为而卸下搁浅船舶的货物、船用燃料和物料时,其减载、租用驳船和重装(如果发生)的额外费用和由此造成共同航程中的财产的任何灭失或损坏,都应认作共同海损。

 

 

RULE IX. CARGO, SHIP'S MATERIALS AND STORES USED FOR FUEL

规则九 作燃料的货物、船用材料和物料

RULE IX. CARGO, SHIP'S MATERIALS AND STORES USED FOR FUEL

规则九 用作燃料的货物、船用材料和物料

Cargo, ship's materials and stores, or any of them, necessarily used for fuel for the common safety at a time of peril shall be admitted as general average, but when such an allowance is made for the cost of ship's materials and stores the general average shall be credited with the estimated cost of the fuel which would otherwise have been consumed in prosecuting the intended voyage.

在遭遇危险时,为了共同安全的需要,作燃料的货物、船用材料和物料,应认作共同海损,但船用材料和物料费用受到补偿时,为完成原定航程本应消耗的燃料的估计费用,应从共同海损中扣除。

Cargo, ship's materials and stores, or any of them, necessarily used for fuel for the common safety at a time of peril shall be allowed as general average, but when such an allowance is made for the cost of ship's materials and stores the general average shall be credited with the estimated cost of the fuel which would otherwise have been consumed in prosecuting the intended voyage.

在遭遇危险时,为了共同安全的需要,用作燃料的货物、船用材料和物料,应认作共同海损,但船用材料和物料费用受到补偿时,为完成原定航程本应消耗的燃料的估计费用,应从共同海损中扣除。

 

 

RULE X. EXPENSES AT PORT OF REFUGE, ETC.

规则十 在避难港等地的费用

RULE X. EXPENSES AT PORT OF REFUGE, ETC.

规则十 在避难港等地的费用

(a)When a ship shall have entered a port or place of refuge or shall have returned to her port or place of loading in consequence of accident, sacrifice or other extraordinary circumstances which render that necessary for the common safety, the expenses of entering such port or place shall be admitted as general average; and when she shall have sailed thence with her original cargo, or a part of it, the corresponding expenses of leaving such port or place consequent upon such entry or return shall likewise be admitted as general average.

(1)船舶因遭遇意外事故、牺牲或其他特殊情况,为了共同安全必须驶入避难港、避难地或驶回装货港、装货地时,其驶入这种港口或地点的费用,应认作共同海损;其后该船舶装载原装货物或其一部分驶出该港口或地点的相应费用,也应认作共同海损。

(a)(i)When a ship shall have entered a port or place of refuge or shall have returned to her port or place of loading in consequence of accident, sacrifice or other extraordinary circumstances, which render that necessary for the common safety, the expenses of entering such port or place shall be allowed as general average; and when she shall have sailed thence with her original cargo, or a part of it, the corresponding expenses of leaving such port or place consequent upon such entry or return shall likewise be allowed as general average.

(1)(i)船舶因遭遇意外事故、牺牲或其他特殊情况,为了共同安全必须驶入避难港、避难地或驶回装货港、装货地时,其驶入这种港口或地点的费用,应认作共同海损;其后该船舶装载原装货物或其一部分驶出该港口或地点的相应费用,也应认作共同海损。

 

 

When a ship is at any port or place of refuge and is necessarily removed to another port or place because repairs cannot be carried out in the first port or place, the provisions of this Rule shall be applied to the second port or place as if it were a port or place of refuge and the cost of such removal including temporary repairs and towage shall be admitted as general average. The provisions of Rule XI shall be applied to the prolongation of the voyage occasioned by such removal.

船舶在某一避难港或避难地不能进行修理而需转移到另一港口或地点时,此第二港口或地点应视作避难港或避难地适用本条的规定。此项转移费用,包括临时修理和拖带费用,应作为共同海损。因此项转移而引起的航程延长,适用规则十一的规定。

(ii)When a ship is at any port or place of refuge and is necessarily removed to another port or place of refuge because repairs cannot be carried out in the first port or place, the provisions of this Rule shall be applied to the second port or place of refuge as if it were a port or place of refuge and the cost of such removal including temporary repairs and towage shall be allowed as general average. The provisions of Rule XI shall be applied to the prolongation of the voyage occasioned by such removal.

(ii)船舶在某一避难港或避难地不能进行修理而需转移到另一避难港口或地点时,此第二避难港口或地点应视作避难港或避难地适用本条的规定。此项转移费用,包括临时修理和拖带费用,应作为共同海损。因此项转移而引起的航程延长,适用规则十一的规定。

 

 

(b)The cost of handling on board or discharging cargo, fuel or stores whether at a port or place of loading, call or refuge, shall be admitted as general average, when the handling or discharge was necessary for the common safety or to enable damage to the ship caused by sacrifice or accident to be repaired, if the repairs were necessary for the safe prosecution of the voyage, except in cases where the damage to the ship is discovered at a port or place of loading or call without any accident or other extraordinary circumstances connected with such damage having taken place during the voyage.

2)在装货、停靠或避难港口或地点在船上搬移或卸下货物、燃料或物料的费用,应认作共同海损,如果这种搬移或卸载是共同安全所必需,或者是为了使船舶因牺牲或意外事故所造成的损坏得以修理,而且此项修理是安全地完成航程所必需的。但如果船舶的损坏是在装货或停靠港口或地点发现的,而且航程中没有发生过与此项损坏有关的任何意外事故或其他特殊情况,则不在此列。

(b)(i)The cost of handling on board or discharging cargo, fuel or stores whether at a port or place of loading, call or refuge, shall be allowed as general average, when the handling or discharge was necessary for the common safety or to enable damage to the ship caused by sacrifice or accident to be repaired, if the repairs were necessary for the safe prosecution of the voyage, except in cases where the damage to the ship is discovered at a port or place of loading or call without any accident or other extraordinary circumstances connected with such damage having taken place during the voyage.

2(i)在装货、停靠或避难港口或地点在船上搬移或卸下货物、燃料或物料的费用,应认作共同海损,如果这种搬移或卸载是共同安全所必需,或者是为了使船舶因牺牲或意外事故所造成的损坏得以修理,而且此项修理是安全地完成航程所必需的。但如果船舶的损坏是在装货或停靠港口或地点发现的,而且航程中没有发生过与此项损坏有关的任何意外事故或其他特殊情况,则不在此列。

 

 

The cost of handling on board or discharging cargo, fuel or stores shall not be admissible as general average when incurred solely for the purpose of restowage due to shifting during the voyage, unless such restowage is necessary for the common safety.

只是为了重新积载在航程中移动的货物而产生的在船上搬移或卸下货物、燃料或物料的费用,除非该项重新积载是共同安全所必需的,不得认作共同海损。

(ii)The cost of handling on board or discharging cargo, fuel or stores shall not be allowable as general average when incurred solely for the purpose of restowage due to shifting during the voyage, unless such restowage is necessary for the common safety.

(ii)只是为了重新积载在航程中移动的货物而产生的在船上搬移或卸下货物、燃料或物料的费用,除非该项重新积载是共同安全所必需的,不得认作共同海损。

 

 

(c) Whenever the cost of handling or discharging cargo, fuel or stores is admissible as general average, the costs of storage, including insurance if reasonably incurred, reloading and stowing of such cargo, fuel or stores shall likewise be admitted as general average. The provisions of Rule XI shall be applied to the extra period of detention occasioned by such reloading or restowing.

3)当货物、燃料或物料的搬移或卸载费用可认作共同海损时,该货物、燃料或物料的存储费,包括合理支付的保险费、重装费和积载费也应认作共同海损。规则十一适用于重装或重新积载所引起的额外停留期间。

(c) Whenever the cost of handling or discharging cargo, fuel or stores is allowable as general average, the costs of storage, including insurance if reasonably incurred, reloading and stowing of such cargo, fuel or stores shall likewise be allowed as general average. The provisions of Rule XI shall be applied to the extra period of detention occasioned by such reloading or restowing.

3)当货物、燃料或物料的搬移或卸载费用可认作共同海损时,该货物、燃料或物料的存储费,包括合理支付的保险费、重装费和积载费也应认作共同海损。规则十一适用于重装或重新积载所引起的额外停留期间。

 

 

But when the ship is condemned or does not proceed on her original voyage, storage expenses shall be admitted as general average only up to the date of the ship's condemnation or of the abandonment of the voyage or up to the date of completion of discharge of cargo if the condemnation or abandonment takes place before that date.

但是,如果船舶报废或不继续原定航程,认作共同海损的储存费只应计算至船舶报废或放弃航程之日为止。如果船舶在卸货完毕以前报废或放弃航程,则应计算至卸货完毕之日为止。

But when the ship is condemned or does not proceed on her original voyage, storage expenses shall be allowed as general average only up to the date of the ship's condemnation or of the abandonment of the voyage or up to the date of completion of discharge of cargo if the condemnation or abandonment takes place before that date.

但是,如果船舶报废或不继续原定航程,认作共同海损的储存费只应计算至船舶报废或放弃航程之日为止。如果船舶在卸货完毕以前报废或放弃航程,则应计算至卸货完毕之日为止。

 

 

RULE XI. WAGES AND MAINTENANCE OF CREW AND OTHER EXPENSES BEARING UP FOR AND IN A  PORT OF REFUGE, ETC.

规则十一 驶往和停留在避难港等地的船员工资、给养和其他费用

RULE XI. WAGES AND MAINTENANCE OF CREW AND OTHER EXPENSES PUTTING INTO AND AT A PORT OF REFUGE, ETC.

规则十一 驶和停留在避难港等地的船员工资、给养和其他费用

(a)Wages and maintenance of master, officers and crew reasonably incurred and fuel and stores consumed during the prolongation of the voyage occasioned by a ship entering a port or place of refuge or returning to her port or place of loading shall be admitted as general average when the expenses of entering such port or place are allowable in general average in accordance with Rule X(a).

1)如果船舶驶入避难港、避难地或驶回装货港、装货地的费用依照规则十(1)的规定可认作共同海损,则由此而引起的航程延长期间合理产生的船长、高级船员和一般船员的工资、给养和消耗的燃料、物料,也应认作共同海损。

(a)Wages and maintenance of master, officers and crew reasonably incurred and fuel and stores consumed during the prolongation of the voyage occasioned by a ship entering a port or place of refuge or returning to her port or place of loading shall be allowed as general average when the expenses of entering such port or place are allowable in general average in accordance with Rule X(a).

1  如果船舶驶入避难港、避难地或驶回装货港、装货地的费用依照规则十(1)的规定可认作共同海损,则由此而引起的航程延长期间合理产生的船长、高级船员和一般船员的工资、给养和消耗的燃料、物料,也应认作共同海损。

 

 

(b)When a ship shall have entered or been detained in any port or place in consequence of accident, sacrifice or other extraordinary circumstances which render that necessary for the common safety, or to enable damage to the ship caused by sacrifice or accident to be repaired, if the repairs were necessary for the safe prosecution of the voyage, the wages and maintenance of the master, officers and crew reasonably incurred during the extra period of detention in such port or place until the ship shall or should have been made ready to proceed upon her voyage, shall be admitted in general average.

2)由于意外事故、牺牲或其他特殊情况,船舶驶入或停留在任何港口或地点,如果是为了共同安全的需要,或者是为了使船舶因牺牲或意外事故所造成的损坏得以修理,而且此项修理是安全地完成航程所必需的,则在此种港口或地点额外停留期间,直至该船舶完成或应能完成继续航行的准备工作之时为止合理产生的船长、高级船员和一般船员的工资和给养应认入共同海损。

(b) For the purpose of this and the other Rules wages shall include all payments made to or for the benefit of the master, officers and crew, whether such payments be imposed by law upon the shipowners or be made under the terms of articles of employment.

2)本条和其他各条所称的工资应包括付给船长、高级船员和一般船员或为他们的利益而支付的一切款项,不论这种款项是法律规定由船东支付的或者是根据雇佣条件支付的。

 

 

 

Fuel and stores consumed during the extra period of detention shall be admitted as general average, except such fuel and stores as are consumed in effecting repairs not allowable in general average.

额外停留期间消耗的燃料、物料,应作为共同海损,但为进行不属于共同海损的修理所消耗的燃料、物料除外。

 

 

 

Port charges incurred during the extra period of detention shall likewise be admitted as general average except such charges as are incurred solely by reason of repairs not allowable in general average.

额外停留期间的港口费用也应认作共同海损,但仅为进行不属于共同海损的修理而支付的港口费用除外。

 

 

 

Provided that when damage to the ship is discovered at a port or place of loading or call without any accident or other extraordinary circumstance connected with such damage having taken place during the voyage, then the wages and maintenance of master, officers and crew and fuel and stores consumed and port charges incurred during the extra detention for repairs to damages so discovered shall not be admissible as general average, even if the repairs are necessary for the safe prosecution of the voyage.

如果船舶的损坏是在装货或停靠港口或地点发现的,而且航程中没有发生过与此项损坏有关的任何意外事故或其他特殊情况,则在修理上述损坏的额外停留期间所支付的船长、高级船员和一般船员的工资、给养和消耗的燃料、物料和港口费用不得认作共同海损,即使这项修理是安全的完成航程所必需的。

 

 

 

When the ship is condemned or does not proceed to her original voyage, the wages and maintenance of the master, officers and crew and fuel and stores consumed and port charges shall be admitted as general average only up to the date of the ship's condemnation or of the abandonment of the voyage or up to the date of completion of discharge of cargo if the condemnation or abandonment takes place before that date.

如果船舶报废或不继续原定航程,认作共同海损的船长、高级船员和一般船员的工资、给养和消耗的燃料、物料和港口费用,只应计算至船舶报废或放弃航程之日为止;如果船舶在卸货完毕以前报废或放弃航程,则应计算至卸货完毕之日为止。

 

 

 

(c)For the purpose of this and the other Rules wages shall include all payments made to or for the benefit of the master, officers and crew, whether such payments be imposed by law upon the shipowners or be made under the terms of articles of employment.

3)本条和其他各条所称的工资应包括付给船长、高级船员和一般船员或为他们的利益而支付的一切款项,不论这种款项是法律规定由船东支付的或者是根据雇佣条件支付的。

(c)(i)When a ship shall have entered or been detained in any port or place in consequence of accident, sacrifice or other extraordinary circumstances which render that necessary for the common safety, or to enable damage to the ship caused by sacrifice or accident to be repaired, if the repairs were necessary for the safe prosecution of the voyage, fuel and stores consumed during the extra period of detention in such port or place until the ship shall or should have been made ready to proceed upon her voyage, shall be allowed in general average, except such fuel and stores as are consumed in effecting repairs not allowable in general average.

3(i)由于意外事故、牺牲或其他特殊情况,船舶驶入或停留在任何港口或地点,如果是为了共同安全的需要,或者是为了使船舶因牺牲或意外事故所造成的损坏得以修理,而且此项修理是安全地完成航程所必需的,则在此种港口或地点额外停留期间,直至该船舶完成或应能完成继续航行的准备工作之时为止所消耗的燃油和物料应认入共同海损,但此燃油和物料中为修理的消耗不能认入共同海损。

 

 

 

(ii)Port charges incurred during the extra period of detention shall likewise be allowed as general average except such charges as are incurred solely by reason of repairs not allowable in general average.

(ii)额外停留期间的港口费用也应认作共同海损,但仅为进行不属于共同海损的修理而支付的港口费用除外。

 

 

 

(iii)Provided that when damage to the ship is discovered at a port or place of loading or call without any accident or other extraordinary circumstance connected with such damage having taken place during the voyage, then fuel and stores consumed and port charges incurred during the extra detention for repairs to damages so discovered shall not be admissible as general average, even if the repairs are necessary for the safe prosecution of the voyage.

(iii)如果船舶的损坏是在装货或停靠港口或地点发现的,而且航程中没有发生过与此项损坏有关的任何意外事故或其他特殊情况,则在修理上述损坏的额外停留期间所消耗的燃料、物料和港口费用不得认作共同海损,即使这项修理是安全的完成航程所必需的。

 

 

 

When the ship is condemned or does not proceed to her original voyage, fuel and stores consumed and port charges shall be admitted as general average only up to the date of the ship's condemnation or of the abandonment of the voyage or up to the date of completion of discharge of cargo if the condemnation or abandonment takes place before that date.

如果船舶报废或不继续原定航程,认作共同海损的燃料、物料和港口费用,只应计算至船舶报废或放弃航程之日为止;如果船舶在卸货完毕以前报废或放弃航程,则应计算至卸货完毕之日为止。

 

 

(d) The cost of measures undertaken to prevent or minimise damage to the environment shall be allowed in general average when incurred in any or all of the following circumstances.

(4)为了防止或减轻环境损害采取措施的费用, 如果是在下列情况下产生的,应认作共同海损;

(d) The cost of measures undertaken to prevent or minimise damage to the environment shall be allowed in general average when incurred in any or all of the following circumstances.

(4)为了防止或减轻环境损害采取措施的费用, 如果是在下列情况下产生的,应认作共同海损;

 

 

(i) as part of an operation performed for the common safety which, had it been undertaken by a party outside the common maritime adventure, would have entitled such party to a salvage reward;

i)作为为了共同安全而采取的措施的一部分,而这种措施假如由同一航程以外的第三方所采取,该方本可获得救助报酬的;

(i) as part of an operation performed for the common safety which, had it been undertaken by a party outside the common maritime adventure, would have entitled such party to a salvage reward;

i)作为为了共同安全而采取的措施的一部分,而这种措施假如由同一航程以外的第三方所采取,该方本可获得救助报酬的;

 

 

(ii) as a condition of entry into or departure from any port or place in the circumstances prescribed in Rule X(a);

ii)作为规则十(1)所述的情况下船舶进入或离开任何港口或地点的条件的;

(ii) as a condition of entry into or departure from any port or place in the circumstances prescribed in Rule X(a);

ii)作为规则十(1)所述的情况下船舶进入或离开任何港口或地点的条件的;

 

 

(iii) as a condition of remaining at any port or place in the circumstances prescribed in Rule XI(b), provided that when there is an actual escape or release of pollutant substances the cost of any additional measures required on that account to prevent or mininmise pollution or environmental damage shall not be allowed as general average.

iii)作为规则十一(2)所述情况下船舶在任何港口或地点停留的条件的。但假如实际已有污染物漏出或排放,则为了防止或减轻污染或环境损害而采取任何额外措施的费用,不得作为共同海损受偿;

(iii) as a condition of remaining at any port or place in the circumstances prescribed in Rule XI(b), provided that when there is an actual escape or release of pollutant substances the cost of any additional measures required on that account to prevent or mininmise pollution or environmental damage shall not be allowed as general average.

iii)作为规则十一(2)所述情况下船舶在任何港口或地点停留的条件的。但假如实际已有污染物漏出或排放,则为了防止或减轻污染或环境损害而采取任何额外措施的费用,不得作为共同海损受偿;

 

 

  (iv)necessarily in connection with the discharging, storing or reloading of cargo whenever the cost of those operations is admissible as general average.

iv)为了货物卸载、储存和重装的需要,如果这些措施的费用可以认入共同海损。

  (iv)necessarily in connection with the discharging, storing or reloading of cargo whenever the cost of those operations is allowable as general average.

iv)为了货物卸载、储存和重装的需要,如果这些措施的费用可以认入共同海损。

 

 

RULE XII. DAMAGE TO CARGO IN DISCHARGING, ETC.

规则十二 货物在卸载等过程中遭受的损坏

RULE XII. DAMAGE TO CARGO IN DISCHARGING, ETC.

规则十二 货物在卸载等过程中遭受的损坏

Damage to or loss of cargo, fuel or stores sustained in consequence of their handling, discharging, storing, reloading and stowing shall be made good as general average, when and only when the cost of those measures respectively is admitted as general average.

只有当搬移、卸载、储存、重装和积载货物、燃料或物料的费用可认作共同海损时,由于各该措施的后果而使货物、燃料或物料所遭受的损失才应作为共同海损受到补偿。

Damage to or loss of cargo, fuel or stores sustained in consequence of their handling, discharging, storing, reloading and stowing shall be allowed as general average, when and only when the cost of those measures respectively is allowed as general average.

只有当搬移、卸载、储存、重装和积载货物、燃料或物料的费用可认作共同海损时,由于各该措施的后果而使货物、燃料或物料所遭受的损失才应作为共同海损受到补偿。

 

 

RULE XIII. DEDUCTIONS FROM COST OF REPAIRS.

规则十三    修理费用的扣减

RULE XIII. DEDUCTIONS FROM COST OF REPAIRS.

规则十三    修理费用的扣减

Repairs to be allowed in general average shall not be subject to deductions in respect of "new for old" where old material or parts are replaced by new unless the ship is over fifteen years old in which case there shall be a deduction of one third. The deductions shall be regulated by the age of the ship from the 31st December of the year of completion of construction to the date of the general average act, except for insulation, life and similar boats, communications and navigational apparatus and equipment, machinery and boilers for which the deductions shall be regulated by the age of the particular parts to which they apply.

用新材料或新部件更换旧材料或旧部件时,如果船龄不超过十五年,列入共同海损的修理费用,不作以新换旧的扣减,否则应扣减三分之一。是否扣减,应按船龄确定,船龄是从船舶建成之年的十二月三十一日起计算至共同海损行为发生之日为止。但绝缘材料、救生艇和类似小艇、通讯和航海仪器和设备、机器和锅炉应按各自使用的年数确定。

(a)Repairs to be allowed in general average shall not be subject to deductions in respect of "new for old" where old material or parts are replaced by new unless the ship is over fifteen years old in which case there shall be a deduction of one third. The deductions shall be regulated by the age of the ship from the 31st December of the year of completion of construction to the date of the general average act, except for insulation, life and similar boats, communications and navigational apparatus and equipment, machinery and boilers for which the deductions shall be regulated by the age of the particular parts to which they apply.

(1) 用新材料或新部件更换旧材料或旧部件时,如果船龄不超过十五年,列入共同海损的修理费用,不作以新换旧的扣减,否则应扣减三分之一。是否扣减,应按船龄确定,船龄是从船舶建成之年的十二月三十一日起计算至共同海损行为发生之日为止。但绝缘材料、救生艇和类似小艇、通讯和航海仪器和设备、机器和锅炉应按各自使用的年数确定。

 

 

The deduction shall be made only from the cost of the new material or parts when finished and ready to be installed in the ship.

扣减应只从新材料或新部件制成并准备安装到船上时的价值扣减。

(b)The deduction shall be made only from the cost of the new material or parts when finished and ready to be installed in the ship. No deduction shall be made in respect of provisions, stores, anchors and chain cables. Drydock and slipway dues and costs of shifting the ship shall be allowed in full.

扣减应只从新材料或新部件制成并准备安装到船上时的价值扣减。供应品、物料、锚和锚链不作扣减。干坞费、船台费和移泊费应全部认入共同海损。

 

 

No deduction shall be made in respect of provisions, stores, anchors and chain cables.

供应品、物料、锚和锚链不作扣减。

 

 

 

Drydock and slipway dues and costs of shifting the ship shall be allowed in full.

干坞费、船台费和移泊费应全部认入共同海损。

 

 

 

The costs of cleaning, painting or coating of bottom shall not be allowed in general average unless the bottom has been painted or coated within the twelve months preceding the date of the general average act in which case one half of such costs shall be allowed.

船底刷洗、油漆或涂层的费用不应列入共同海损,但如在共同海损行为发生之日以前十二月内曾经油漆或涂层,则油漆或涂层费用的半数应作为共同海损。

(c)The costs of cleaning, painting or coating of bottom shall not be allowed in general average unless the bottom has been painted or coated within the twelve months preceding the date of the general average act in which case one half of such costs shall be allowed.

(3)船底刷洗、油漆或涂层的费用不应列入共同海损,但如在共同海损行为发生之日以前十二月内曾经油漆或涂层,则油漆或涂层费用的半数应作为共同海损。

 

 

RULE XIV. TEMPORARY REPAIRS.

规则十 临时修理

RULE XIV. TEMPORARY REPAIRS.

规则十 临时修理

Where temporary repairs are effected to a ship at a port of loading, call or refuge, for the common safety, or of damage caused by general average sacrifice, the cost of such repairs shall be admitted as general average.

如果船舶为了共同安全或对共同海损牺牲所造成的损坏在装货、停靠或避难港进行临时修理,此项修理费用应认入共同海损。

(a) Where temporary repairs are effected to a ship at a port of loading, call or refuge, for the common safety, or of damage caused by general average sacrifice, the cost of such repairs shall be admitted as general average.

(1)如果船舶为了共同安全或对共同海损牺牲所造成的损坏在装货、停靠或避难港进行临时修理,此项修理费用应认入共同海损。

 

 

Where temporary repairs of accidental damage are effected in order to enable the adventure to be completed, the cost of such repairs shall be admitted as general average without regard to the saving, if any, to other interests, but only up to the saving in expenses which would have been incurred and allowed in general average if such repairs had not been effected there.

如果为了完成航程而对意外损坏进行临时修理,无须考虑对于其他有关方有无节省,此项修理费用应认作共同海损,但其数额应以因此所节省的如不在该港进行临时修理本应支付并认入共同海损的费用为限。

(b)When temporary repairs of accident damage are effected in order to enable the adventure to be completed, the cost of such repairs shall be allowed as general average without regard to the saving, if any, to other interests, but only up to the saving in expense which would have been incurred and allowed in general average if such repairs had not been effected there. Provided that, for the purposes of this paragraph only, the cost of temporary repairs falling for consideration shall be limited to the extent that the cost of temporary repairs effected at the port of loading, call or refuge, together with either the cost of permanent repairs eventually effected or, if unrepaired at the time of the adjustment, the reasonable depreciation in the value of the vessel at the completion of the voyage exceeds the cost of permanent repairs had they been effected at the port of loading, call or refuges.

(2)如果为了完成航程而对意外损坏进行临时修理,则无需考虑对于其他方有无节省,此项修理费用应认作共同海损,但其数额应以因此所节省的如不在该港进行临时修理本应支付并认入共同海损的费用为限。但就本段而言,需要考虑的临时修理费用,应以在装货港、停靠港或避难港进行临时修理的费用与最终进行永久修理的费用之和,或如在理算时未进行修理,则与航程完成时船舶的合理贬值之和超过假如在装货港、停靠港或避难港进行永久修理所需费用的数额为限。

 

 

No deductions "new for old" shall be made from the cost of temporary repairs allowable as general average.

可作为共同海损的临时修理费用,不应作以新换旧的扣减。

(c)No deductions "new for old" shall be made from the cost of temporary repairs allowable as general average.

(3)可作为共同海损的临时修理费用,不应作以新换旧的扣减。

 

 

RULE XV. LOSS OF FREIGHT

规则十五 运费损失

RULE XV. LOSS OF FREIGHT

规则十五 运费损失

Loss of freight arising from damage to or loss of cargo shall be made good as general average, either when caused by a general average act, or when the damage to or loss of cargo is so made good.

如果货物的损失是共同海损行为造成的,或者已作为共同海损受到补偿,则由于货物损失所引起的运费损失,也应作为共同海损受到补偿。

Loss of freight arising from damage to or loss of cargo shall be made good as general average, either when caused by a general average act, or when the damage to or loss of cargo is so allowed.

如果货物的损失是共同海损行为造成的,或者已作为共同海损受到补偿,则由于货物损失所引起的运费损失,也应作为共同海损受到补偿。

 

 

Deduction shall be made from the amount of gross freight lost, of the charges which the owner thereof would have incurred to earn such freight, but has, in consequence of the sacrifice, not incurred.

损失的运费总额应扣减其所有人为赚得此项运费本应支付但由于牺牲而无须支付的费用。

Deduction shall be made from the amount of gross freight lost, of the charges which the owner thereof would have incurred to earn such freight, but has, in consequence of the sacrifice, not incurred.

损失的运费总额应扣减其所有人为赚得此项运费本应支付但由于牺牲而无须支付的费用。

 

 

RULE XVI. AMOUNT TO BE MADE GOOD FOR CARGO LOST OR DAMAGED BY SACRIFIC.

规则十六 货物因牺牲所受损失的补偿数额

RULE XVI. AMOUNT TO BE ALLOWED FOR CARGO LOST OR DAMAGED BY SACRIFIC.

规则十六 货物因牺牲所受损失的补偿数额

The amount to be made good as general average for damage to or loss of cargo sacrificed shall be the loss which has been sustained thereby based on the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value at the time of discharge shall include the cost of insurance and freight except insofar as such freight is at the risk of interests other than the cargo.

牺牲的货物,作为共同海损受到补偿的数额,应是以其在卸货时的价值为基础计算出的损失。此项价值应根据送交收货人的商业发票确定;如果没有此项发票,则应根据装运价值确定。货物在卸货时的价值应包括保险费和运费,但不由货方承担风险的运费除外。

(a) The amount to be allowed as general average for damage to or loss of cargo sacrificed shall be the loss which has been sustained thereby based on the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value at the time of discharge shall include the cost of insurance and freight except insofar as such freight is at the risk of interests other than the cargo.

(1)牺牲的货物,作为共同海损受到补偿的数额,应是以其在卸货时的价值为基础计算出的损失。此项价值应根据送交收货人的商业发票确定;如果没有此项发票,则应根据装运价值确定。货物在卸货时的价值应包括保险费和运费,但不由货方承担风险的运费除外。

 

 

When cargo so damaged is sold and the amount of the damage has not been otherwise agreed, the loss to be made good in general average shall be the difference between the net proceeds of sale and the net sound value as computed in the first paragraph of this Rule.

如果受损货物已经出售,而其损失数额未经另行议定,则作为共同海损受到补偿的数额,应根据出售净得数额与按照本条第一款计算的完好净值之间的差额确定。

(b)When cargo so damaged is sold and the amount of the damage has not been otherwise agreed, the loss to be allowed in general average shall be the difference between the net proceeds of sale and the net sound value as computed in the first paragraph of this Rule.

(2)如果受损货物已经出售,而其损失数额未经另行议定,则作为共同海损受到补偿的数额,应根据出售净得数额与按照本条第一款计算的完好净值之间的差额确定。

 

 

RULE XVII. CONTRIBUTORY VALUES.

规则十七    分摊价值

RULE XVII. CONTRIBUTORY VALUES.

规则十七    分摊价值

The contribution to a general average shall be made upon the actual net values of the property at the termination of the adventure except that the value of cargo shall be the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value of the cargo shall include the cost of insurance and freight unless and insofar as such freight is at the risk of interests other than the cargo, deducting therefrom any loss or damage suffered by the cargo prior to or at the time of discharge. The value of the ship shall be assessed without taking into account the beneficial or detrimental effect of any demise or time charterparty to which the ship may be committed.

共同海损的分摊,应以航程终止时财产的实际净值为基础,但货物应以卸货时的价值为基础,此项价值应根据送交收货人的商业发票确定;如果没有此项发票,则应根据装运价值确定。货物的价值应包括保险费和运费(但不由货方承担风险的运费除外),并扣减卸货前和卸货时所遭受的损失。确定船舶的价值时,无须考虑该船因订有光船或定期租船契约而产生的有利或不利影响。

(a)(i) The contribution to a general average shall be made upon the actual net values of the property at the termination of the adventure except that the value of cargo shall be the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value.

(ii) The value of the cargo shall include the cost of insurance and freight unless and insofar as such freight is at the risk of interests other than the cargo, deducting therefrom any loss or damage suffered by the cargo prior to or at the time of discharge.

(iii) The value of the ship shall be assessed without taking into account the beneficial or detrimental effect of any demise or time charterparty to which the ship may be committed.

(1)(i) 共同海损的分摊,应以航程终止时财产的实际净值为基础,但货物应以卸货时的价值为基础,此项价值应根据送交收货人的商业发票确定;如果没有此项发票,则应根据装运价值确定。

(ii) 货物的价值应包括保险费和运费(但不由货方承担风险的运费除外),并扣减卸货前和卸货时所遭受的损失。

(iii) 确定船舶的价值时,无须考虑该船因订有光船或定期租船契约而产生的有利或不利影响。

 

 

To these values shall be added the amount made good as general average for property sacrificed, if not already included, deduction being made from the freight and passage money at risk of such charges and crew's wages as would not have been incurred in earning the freight had the ship and cargo been totally lost at the date of the general average act and have not been allowed as general average; deduction being also made from the value of the property of all extra charges incurred in respect thereof subsequently to the general average act, except such charges as are allowed in general average or fall upon the ship by virtue of an award for special compensation under Art. 14 of the International Convention on Salvage, 1989 or under any other provision similar in substance.

上述价值如果没有包括牺牲的财产作为共同海损受到补偿的数额,则应加上这一数额。有风险的客、货运费,应扣减假如船舶和货物在共同海损行为发生之日全部损失就无须为赚得该项费用而支付的、不属于共同海损的费用和船员工资。财产价值还应扣减在共同海损行为发生以后所支付的一切额外费用,但已作为共同海损的费用或根据1989年国际救助公约第14条或任何其他实质上类似的规定裁决应由船舶承担的特别补偿除外。

(b)To these values shall be added the amount allowed as general average for property sacrificed, if not already included, deduction being made from the freight and passage money at risk of such charges and crew's wages as would not have been incurred in earning the freight had the ship and cargo been totally lost at the date of the general average act and have not been allowed as general average; deduction being also made from the value of the property of all extra charges incurred in respect thereof subsequently to the general average act, except such charges as are allowed in general average or fall upon the ship by virtue of an award for special compensation under Art. 14 of the International Convention on Salvage, 1989 or under any other provision similar in substance.

(2)上述价值如果没有包括牺牲的财产作为共同海损受到补偿的数额,则应加上这一数额。有风险的客、货运费,应扣减假如船舶和货物在共同海损行为发生之日全部损失就无须为赚得该项费用而支付的、不属于共同海损的费用和船员工资。财产价值还应扣减在共同海损行为发生以后所支付的一切额外费用,但已作为共同海损的费用或根据1989年国际救助公约第14条或任何其他实质上类似的规定裁决应由船舶承担的特别补偿除外。

 

 

In the circumstances envisaged in the third paragraph of Rule G, the cargo and other property shall contribute on the basis of its value upon delivery at original destination unless sold or otherwise disposed of short of that destination, and the ship shall contribute upon its actual net value at the time of completion of discharge of cargo.

在规则G第三款所述的情况下,货物和其他财产,除非在运达目的地以前售出或另作处理,应以其在原目的地交货时的价值为基础参加分摊;船舶则应以其在卸货完毕时的实际净值参加分摊。

(c) In the circumstances envisaged in the third paragraph of Rule G, the cargo and other property shall contribute on the basis of its value upon delivery at original destination unless sold or otherwise disposed of short of that destination, and the ship shall contribute upon its actual net value at the time of completion of discharge of cargo.

(3)在规则G第三款所述的情况下,货物和其他财产,除非在运达目的地以前售出或另作处理,应以其在原目的地交货时的价值为基础参加分摊;船舶则应以其在卸货完毕时的实际净值参加分摊。

 

 

Where cargo is sold short of destination, however, it shall contribute upon the actual net proceeds of sale, with the addition of any amount made good as general average.

如果货物在运达目的地以前出售,应按出售净得的数额加上作为共同海损受到补偿的数额参加分摊。

(d)Where cargo is sold short of destination, however, it shall contribute upon the actual net proceeds of sale, with the addition of any amount allowed as general average.

(4)如果货物在运达目的地以前出售,应按出售净得的数额加上作为共同海损受到补偿的数额参加分摊。

 

 

Mails, passengers' luggage, personal effects and accompanied private motor vehicles shall not contribute in general average.

邮件、旅客行李、私人物品和随带的机动车辆,不参加共同海损分摊。

(e) Mails, passengers' luggage, personal effects and accompanied private motor vehicles shall not contribute to general average.

(5)邮件、旅客行李、私人物品和随带的机动车辆,不参加共同海损分摊。

 

 

RULE XVIII. DAMAGE TO SHIP.

规则十八    船舶损坏

RULE XVIII. DAMAGE TO SHIP.

规则十八    船舶损坏

The amount to be allowed as general average for damage or loss to the ship, her machinery and/or gear caused by a general average act shall be as follows:

(a)When repaired or replaced,

The actual reasonable cost of repairing or replacing such damage or loss, subject to deductions in accordance with Rule XIII;

共同海损行为造成的船舶、机器和船具的损失,应作为共同海损的数额如下:

1)如已经修理或更换,按该项损失的修理或更换的实际合理费用,并根据规则十三的规定进行扣减。

The amount to be allowed as general average for damage or loss to the ship, her machinery and/or gear caused by a general average act shall be as follows:

(a)When repaired or replaced,

The actual reasonable cost of repairing or replacing such damage or loss, subject to deductions in accordance with Rule XIII;

共同海损行为造成的船舶、机器和船具的损失,应作为共同海损的数额如下:

1)如已经修理或更换,按该项损失的修理或更换的实际合理费用,并根据规则十三的规定进行扣减。

 

 

(b)When not repaired or replaced,

The reasonable depreciation arising from such damage or loss, but not exceeding the estimated cost of repairs. But where the ship is an actual total loss or when the cost of repairs of the damage would exceed the value of the ship when repaired, the amount to be allowed as general average shall be the difference between the estimated sound value of the ship after deducting therefrom the estimated cost of repairing damage which is not general average and the value of the ship in her damaged state which may be measured by the net proceeds of sale, if any.

2)如未经修理或更换,按该项损失引起的合理贬值,但不得超过估计的修理费用。如船舶遭受实际全损或修理费用超过修复后的船舶价值,则作为共同海损的数额应为该船的估计完好价值减去不属于共同海损的损失的估计修理费用和船舶在受损状态下的价值(如果售出则为出售净得)的余额。

(b)When not repaired or replaced,

The reasonable depreciation arising from such damage or loss, but not exceeding the estimated cost of repairs. But where the ship is an actual total loss or when the cost of repairs of the damage would exceed the value of the ship when repaired, the amount to be allowed as general average shall be the difference between the estimated sound value of the ship after deducting therefrom the estimated cost of repairing damage which is not general average and the value of the ship in her damaged state which may be measured by the net proceeds of sale, if any.

2)如未经修理或更换,按该项损失引起的合理贬值,但不得超过估计的修理费用。如船舶遭受实际全损或修理费用超过修复后的船舶价值,则作为共同海损的数额应为该船的估计完好价值减去不属于共同海损的损失的估计修理费用和船舶在受损状态下的价值(如果售出则为出售净得)的余额。

 

 

RULEXIX. UNDECLARED OR WRONGFULLY DECLARED CARGO

规则十九 未经申报或申报不实的货物

RULEXIX. UNDECLARED OR WRONGFULLY DECLARED CARGO

规则十九 未经申报或申报不实的货物

Damage or loss caused to goods loaded without the knowledge of the shipowner or his agent or to goods willfully misdescribed at time of shipment shall not be allowed as general average, but such goods shall remain liable to contribute, if saved.

未通知船舶所有人或其代理人而装载的货物或装运时故意谎报的货物所遭受的损失,不得作为共同海损。但此项货物如果获救,仍有参加共同海损分摊的责任。

(a)Damage or loss caused to goods loaded without the knowledge of the shipowner or his agent or to goods willfully misdescribed at time of shipment shall not be allowed as general average, but such goods shall remain liable to contribute, if saved.

(1)未通知船舶所有人或其代理人而装载的货物或装运时故意谎报的货物所遭受的损失,不得作为共同海损。但此项货物如果获救,仍有参加共同海损分摊的责任。

 

 

Damage or loss caused to goods which have been wrongfully declared on shipment at a value which is lower than their real value shall be contributed for at the declared value, but such goods shall contribute upon their actual value.

装运时不正当地以低于实际价值申报的货物遭受损失时,应按申报价值受到补偿,但应按实际价值参加分摊。

(b)Damage or loss caused to goods which have been wrongfully declared on shipment at a value which is lower than their real value shall be contributed for at the declared value, but such goods shall contribute upon their actual value.

(2)装运时不正当地以低于实际价值申报的货物遭受损失时,应按申报价值受到补偿,但应按实际价值参加分摊。

 

 

RULE XX. PROVISION OF FUNDS

规则二十    提供的款项

RULE XX. PROVISION OF FUNDS

规则二十    提供的款项

A commission of 2 percent. on general average disbursements, other than the wages and maintenance of master, officers and crew and fuel and stores not replaced during the voyage, shall be allowed in general average.

除船长、高级船员和一般船员的工资、给养以及不是在航程中补充的燃料、物料外,按共同海损费用百分之二计算的手续费,应认入共同海损。

 

 

 

The capital loss sustained by the owners of goods sold for the purpose of raising funds to defray general average disbursements shall be allowed in general average.

为筹款支付共同海损费用而变卖货物致使货主遭受的资本损失,均应认入共同海损。

(a)The capital loss sustained by the owners of goods sold for the purpose of raising funds to defray general average disbursements shall be allowed in general average.

(1)为筹款支付共同海损费用而变卖货物致使货主遭受的资本损失,均应认入共同海损。

 

 

The cost of insuring general average disbursements shall also be admitted in general average.

共同海损费用垫款的保险费,也应作为共同海损。

(b)The cost of insuring general average disbursements shall also be allowed in general average.

(2)共同海损费用垫款的保险费,也应作为共同海损。

 

 

RULE XXI. INTEREST ON LOSSES MADE GOOD IN GENERAL AVERAGE.

规则二十一 共同海损利息

RULE XXI. INTEREST ON LOSSES ALLOWED IN GENERAL AVERAGE.

规则二十一 共同海损利息

Interest shall be allowed on expenditure, sacrifices and allowances in general average at the rate of 7 per cent. per annum, until three months after the date of issue of the general average adjustment, due allowance being made for any payment on account by the contributory interests or from the general average deposit fund.

对于共同海损费用、牺牲和受补偿项目,应给予年利率百分之七的利息,计算至共同海损理算书发出日后三个月之日止;对由各分摊方预付或从共同海损保证金内先行拨付的一切款,也应给予利息。

(a)Interest shall be allowed on expenditure, sacrifices and allowances in general average at the rate of 7 per cent. per annum, until three months after the date of issue of the general average adjustment, due allowance being made for any payment on account by the contributory interests or from the general average deposit fund.

(1)对于共同海损费用、牺牲和受补偿项目,应给予年利率百分之七的利息,计算至共同海损理算书发出日后三个月之日止;对由各分摊方预付或从共同海损保证金内先行拨付的一切款,也应给予利息。

 

 

 

(b)Each year the Assembly of the Comite Maritime International shall decide the rate of interest which shall apply. This rate shall be used for calculating interest accruing during the following calendar year.

(2)国际海事委员会每年将决定将适用的年利率。该年利率用于计算下一年度的利息。

 

 

RULE XXII. TREATMENT OF CASH DEPOSITS

规则二十二 保证金的处理

RULE XXII. TREATMENT OF CASH DEPOSITS

规则二十二 保证金的处理

Where cash deposits have been collected in respect of cargo's liability for general average, salvage or special charges such deposits shall be paid without any delay into a special account in the joint names of a representative nominated on behalf of the shipowner and a representative nominated on behalf of the depositors in a bank to be approved by both. The sum so deposited together with accrued interest, if any, shall be held as security for payment to the parties entitled thereto of the general average, salvage or special charges payable by cargo in respect of which the deposits have been collected. Payments on account or refunds of deposits may be made if certified to in writing by the average adjuster. Such deposits and payments or refunds shall be without prejudice to the ultimate liability of the parties.

如果就货物应负担的共同海损、救助或特殊费用收取了保证金,此项保证金应以船舶所有人和保证金交付者所分别指定的代表的联合名义,立即存入经双方认可的银行的特别帐户。此项存款连同可能产生的利息,作为有关货方向应收回上述费用的有关方的担保。如经理算师书面证明,可用保证金进行预付或将保证金退还。保证金的提供、支用或退还不影响各有关方的最后责任。

Where cash deposits have been collected in respect of cargo's liability for general average, salvage or special charges such deposits shall be paid without any delay into a special account in the joint names of a representative nominated on behalf of the shipowner and a representative nominated on behalf of the depositors in a bank to be approved by both. The sum so deposited together with accrued interest, if any, shall be held as security for payment to the parties entitled thereto of the general average, salvage or special charges payable by cargo in respect of which the deposits have been collected. Payments on account or refunds of deposits may be made if certified to in writing by the average adjuster. Such deposits and payments or refunds shall be without prejudice to the ultimate liability of the parties.

如果就货物应负担的共同海损、救助或特殊费用收取了保证金,此项保证金应以船舶所有人和保证金交付者所分别指定的代表的联合名义,立即存入经双方认可的银行的特别帐户。此项存款连同可能产生的利息,作为有关货方向应收回上述费用的有关方的担保。如经理算师书面证明,可用保证金进行预付或将保证金退还。保证金的提供、支用或退还不影响各有关方的最后责任。

 

 

 

RULE XXII TIME BAR FOR CONTRIBUTIONS TO GENERAL AVERAGE

规则二十三 共同海损分摊的时效

 

(a) Subject always to any mandatory rule on time limitation contained in any applicable law:

(i)Any rights to general average contribution including any rights to claim under general average bonds and guarantees, shall be extinguished unless an action is brought by the party claiming such contribution within a period of one year after the date upon which the general average adjustment was issued. However, in nocase shall such an action be brought after six years after the date of termination of the common maritime adventure.

(1)在服从所适用的法律中任何关于时效的强制性规定的前提下:
(i)除非要求共同海损分摊的一方在共同海损理算书作出后一年内提起诉讼,要求共同海损分摊的权利,包括基于共同海损保证书和担保函的索赔权归于消灭。但是,共同航程结束之日起六年后将不得提起诉讼。

 

 

 

(ii) These periods may be extended if the parties so agree after the termination of the common maritime adventure.

(ii)如果共同航程结束后有关方同意,上述期限可以延长。

 

 

 

(b) This rule shall not apply as between the parties to the general average and their respective insurers

(2)本条不适用于共同海损的有关方同各自的保险人之间。

 

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