[约克-安特卫普规则]

 

YORK-ANTWERP RULES, 1994

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YORK-ANTWERP RULES, 1974 AS AMENDED 1990

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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)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.

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。

 

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.

(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.

 

(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。

 

 

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。

 

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.

(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 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.

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 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.


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 BEARING UP FOR AND IN A? PORT OF REFUGE, ETC.

规则十一

(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 admitted as general average when the expenses of entering such port or place are allowable in general average in accordance with Rule X(a).

(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)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.

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。

 

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 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.

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 on her original voyage, wages and maintenance of the master, officers and crew and fuel and stores consumed 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 take 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,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

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。

 

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。

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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。

(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。

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(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.

(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.

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;?

(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 X(a), 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。

 

(d) When overtime is paid to the master, officers or crew for maintenance of the ship or repairs, the cost of which is not allowable in general average, such overtime shall be allowed in general average only up to the saving in expense which would have been incurred and admitted as general average had such overtime not been incurred.

4)为保养或修理船舶付给船长、高级船员或一般船员加班费时,如果这种保养或修理费用不可认入共同海损,认入共同海损的加班费的数额,仅以加班所节省的如不支付此项加班费本应支付并认入共同海损的费用为限。

RULE XII. DAMAGE TO CARGO IN DISCHARGING, ETC.

规则十二货物在卸载等过程中的遭受的损坏

 

RULE XII. DAMAGE TO CARGO IN DISCHARGING, ETC.

规则十二? 货物在卸载等过程中的遭受的损坏


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 caused in the act of 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.

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