约克安特卫普规则1974,1990年修订
RULE OF INTERPRETATION 解释规则
In the adjustment of general average the following lettered and numbered Rules shall apply to the exclusion of any Law and Practice inconsistent therewith.
共同海损理算,适用下列字母规则和数字规则,凡与这些规则相抵触的法律和惯例都不适用。
Except as provided by the numbered Rules, general average shall be adjusted according to the lettered Rules.
除数字规则已有规定者外,共同海损应按字母规则理算。
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。
RULE B规则B
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。
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。
Loss or damage sustained by the ship or cargo through delay, whether on the voyage or subsequently, such as demurrage, and any indirect loss whatsoever, such as loss of market, shall not be admitted as general average.
不论是在航程中或其后发生的船舶或货物因迟延所遭受的损失,例如船舶滞期损失,以及任何间接损失,例如行市损失,都不得认作共同海损。
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。
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。
RULE F规则F
Any extra 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
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。
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。
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。
RULE II DAMAGE BY JETTISON AND SACRIFICE FOR THE COMMON SAFETY
规则二 为了共同安全抛弃和做出牺牲所造成的损失
Damage done to a ship and cargo, or either of them, 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,造成船舶、货物的损坏,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
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 or heat however caused.
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。但烟熏或热烤所造成的损坏除外。
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。
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 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,因此所造成的损失应认作共同海损。
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。
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。
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。
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 the loss or damage sustained thereby, 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)的额外费用和由此所遭受的灭失或损坏,都应认作共同海损。
RULE IX. SHIP’S MATERIALS AND STORES BURNT FOR FUEL
规则九 当作燃料烧掉的船用材料和物料
Ship’s materials and stores, or any of them, necessarily burnt for fuel for the common safety at a time of peril, shall be admitted as general average, when and only when an ample supply of fuel had been provided; but the estimated quantity of fuel that would have been consumed, calculated at the price current at the ship’s last port of departure at the date of her leaving, shall be credited to the general average.
在遭遇危险时,为了共同安全的需要,当作燃料烧掉的船用材料、物料应认作共同海损,但只限于船上原以备足燃料的情况;其本应消耗的燃料的估计数量,应按该船舶驶离上一港口当日在该港口的价格计价,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
(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。
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。
(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。
(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.
(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。
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。
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
(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。
(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。
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.
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。
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。
(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。
(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遭受的损坏
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.
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,由于各该措施而造成的货物、燃料或物料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
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。
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。
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。
RULE XIV. TEMPORARY REPAIRS.
规则十 四 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。
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。
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。
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。
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
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。
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。
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 s