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RS 747.301 Order of 20 November 1956 on maritime navigation

Original Language Title: RS 747.301 Ordonnance du 20 novembre 1956 sur la navigation maritime

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747.301

Marine Navigation Order 1

November 20, 1956 (Status on August 20, 2013)

The Swiss Federal Council,

Having regard to art. 5, 11, 12, 20, 21, 23, 24, 26, 30, 33, 47, 50, 62, 63, 84, 122 and 124 of the Federal Act of September 23, 1953 2 On maritime navigation under the flag of Switzerland (hereinafter referred to as 'the law'); 66 of the Federal Act of 28 September 1923 3 On the register of vessels, 4

Stops:

Chapter I: Organization

I. Organization of authorities

1. Swiss Agency for Maritime Navigation

Art. 1

The Federal Department of Foreign Affairs 1 Rules the organisation of the Swiss Agency for Maritime Navigation; it shall determine the powers and duties of officials and employees of that Office in accordance with federal provisions on the Staff Regulations of Officials.


1 New name in accordance with Art. 1 Er Of the ACF of 23 April 1980 concerning the adaptation of the provisions of federal law to the new names of departments and offices (unpublished). This mod has been taken into account. Throughout the text.

2. Office of the Swiss Ship Registry

Art. 2

1 The management of the Swiss Ship Registry Office is entrusted to the Registrar of the Land Registry of the canton of Basel-Ville.

2 The Office of the Swiss Ship Registry is subject to the supervision of the Federal Department of Justice and Police; it establishes an agreement with the Federal Department of Finance 1 Compensation to the Curator of the Land Registry of the Township of Basel-City.


1 New name in accordance with Art. 1 Er Of the ACF of 23 April 1980 concerning the adaptation of the provisions of federal law to the new names of departments and offices (unpublished). This mod has been taken into account. Throughout this text.

3. Swiss Consulates

Art. 3 1

As defined in the Act, the term consulate also applies to embassies that are responsible for consular affairs; it covers consulates general, consulates and consular offices. The term "consul" applies to the head of the diplomatic mission or consular post or their agent.


1 New content according to the c. I of the O of 29 June 1977, in force since 1 Er August 1977 (RO 1977 1338).

II. 5 Civil law tasks

Art. 4

The Federal Department of Justice and Police shall issue the instructions necessary for the exercise, by the master, of the civil law tasks assigned to him by s. 56 of the Act.

Chapter II: From the Swiss ship 6

I. Conditions for the registration of Swiss ships and controls carried out by review bodies 7

1. General Conditions 8

Art. 5 1

A ship shall be registered in the register of Swiss vessels only if all the conditions laid down by law and by this order are fulfilled.


1 New content according to the c. I of the O of 5 May 1993, in force since 1 Er June 1993 (RO 1993 1710).

2. 9 Home or Seat

Art. 5 A

Must have their home or registered office in Switzerland:

A.
The owner of an individual business;
B.
At least three-quarters of the partners or other beneficiaries of shares of a limited partnership, limited partnership or limited liability company, which have at least three-quarters of the social assets, sponsorship or share capital;
C.
Shareholders of an anonymous corporation or a limited partnership, with a majority, at least, of the share capital and at least two-thirds of the votes;
D.
At least two-thirds of the partners of a cooperative corporation, which at the same time have at least two-thirds of the shares of the capital stock.

3. 10 Nationality and control

Art. 5 B

1 The natural persons referred to in s. 5 A Must be Swiss nationals.

2 If a commercial company or a legal person has interests in the business of the Swiss owner of the ship as a partner, limited partner, shareholder or holder of shares or if it has rights in the said undertaking in quality Of usufructuary or other title, it must be unquestionably Swiss by its partners, sponsors, shareholders, shareholders or members, by the persons responsible for the administration, as well as by its financial means.

3 If the maintenance of the Swiss character of the undertaking so requires, the Swiss Maritime Navigation Office may require that the shareholders or partners who provide the necessary own funds of the undertaking pursuant to Art. 24 of the law, are Swiss nationals domiciled in Switzerland or commercial companies or legal persons in Swiss hands within the meaning of para. 2.

4. 11 Administration and management

Art. 5 C

1 At least two-thirds of the members of the administrative and management bodies of a limited liability company, limited or cooperative, must be Swiss nationals.

2 When only one person is in charge of the administration or management, it must have its domicile in Switzerland. If one of these bodies comprises several members, the majority of the members of each of them must have their domicile in Switzerland.

3 If the maintenance of the Swiss character of the undertaking so requires, the Swiss Maritime Navigation Office may require other officials of a company to be Swiss nationals domiciled in Switzerland.

5. 12 Financial means

Art. 5 D

1 The owner of the ship shall have own funds representing at least 20 % of the carrying value of the vessels registered on its behalf. For each vessel whose registration is required, the purchase price is considered to be the first book value.

2 If the own funds are reduced as a result of losses, they shall never be less than 8 % of the book value during the five annual years following the occurrence of the losses; if exceptional circumstances justify it, the Office shall Switzerland of maritime navigation may extend this period by no more than two years.

3 The Swiss Agency for Shipping may, for the acquisition of ships, authorise that own funds remain below par. 1 if there is every reason to expect that within the normal course of business, the equity will again reach 20 % of the book value over the next five years. However, own funds should never remain below eight per cent of the book value.

4 The owner must justify, by providing a complete funding certificate, the origin of the capital incurred in the vessel. Subject to the provisions of this Article, the full financing of a Swiss vessel by foreign funds shall be possible provided that:

A.
That it is not so detrimental to the Swiss influence which must be able to be exercised on the undertaking and the conduct of the ship, and
B.
That foreign creditors be obliged to accept the repayment of their funds at the request of the Swiss Agency for Maritime Navigation.

5 The owner must state in writing that his business does not cover or conceal any foreign influence.

6. 13 Books

Art. 5 E

1 The capital employed in the business of the owner or shipowner of a Swiss ship and through which he exercises maritime navigation under the Swiss flag must be specially designated in the balance sheet and in the books; they cannot be Past commitments.

2 The register of shares, if it is an anonymous company, or the register of shares, if it is a cooperative company, must indicate the name of the shareholders or partners, their domicile, nationality and nature, and The importance of their participation.

3 Are considered to be equity within the meaning of s. 24, para. 1, of the Act:

A.
In public limited partnerships, limited partnerships, limited liability corporations and cooperative corporations;
1.
Pai-in capital (capital stock, social capital);
2.
The capital-equity and the assets of each shareholder, partner or holder of shares, up to and including unreleased capital;
B.
In partnership and limited partnerships: the contributions of capital and the assets of the partners with unlimited liability, as well as the sponsorships paid;
C.
In individual companies: the owner's own funds, engaged in the business;
D.
In all enterprises: open reserves, including deferral of profits and provisions that are not intended to cover current year costs.

4 A possible carry-over of losses is to be deducted from own funds.

7. 14 Revision Body

Art. 5 F 1

1 Recognized as review bodies within the meaning of s. 26 of the law review undertakings approved as auditors in accordance with the law of 16 December 2005 on the supervision of the revision 2 .

2 The tasks of the review body derive from s. 728 A The code of obligations 3 The review body shall also examine whether the undertaking covers or conceals a foreign influence.

3 Moreover, the provisions of the Code of Obligations on revision applicable to public limited-liability companies shall apply mutatis mutandis.

4 The Federal Department of Foreign Affairs may exclude from the control of certain or all Swiss shipping companies a review undertaking that contravens the requirements of this order.


1 New content according to the c. II 6 of the Annex to the O of 22 August 2007 on the supervision of the revision, in force since 1 Er Seven. 2007 ( RO 2007 3989 ).
2 RS 221.302
3 RS 220

7 A . 15 Reserve for subsequent changes

Art. 5 G

If the owner of a ship no longer fulfils the conditions for the registration of Swiss ships following an amendment to the provisions of this order, the provisions of Art. 27 to 29 of the Act apply.

8. Non-owner shipowner 16

Art. 6

If the shipowner is not the owner of the vessel, the Swiss Maritime Navigation Office checks whether it meets the legal requirements for the Swiss shipowner. However, the shipowner may, as the owner, file for each fiscal year a revision report of a recognized revision institution, in which case there is no need for examination by the Office.

9. 17 Record Query

Art. 7

1 The request for the registration of a ship in the register of Swiss ships shall indicate:

A.
Name, name and seat of the owner;
B.
The approved name of the vessel, its identification measures and tonnage or tonnage;
C.
The type of building, its main destination, the building material and the means of propulsion;
D.
The manufacturer of the vessel and the date and place of construction;
E.
Where appropriate, the previous flag and owner of the vessel.

2 In support of its request, the owner shall:

A.
Produce the declaration of conformity, the admission to navigation and the approval of the name, issued for the vessel to be registered by the Swiss Maritime Navigation Office, as well as the title of property;
B.
To establish that the ship, if it had previously been registered in another State, has been deleted from the register of that State or that the cancellation will take place at the time of registration in Switzerland;
C.
Declare in writing that it has not requested and does not propose to require the registration of the ship in the register of another State;
D.
To establish that the ship is not subject to any conventional lien or, if it is encumbered, that the gaining creditor consents to the fact that its claim is recorded in the Swiss Vessel Register, in Swiss francs, and subject to Swiss law and, if it Is foreign, prove that the constitution of its right of pledge is permitted in accordance with art. 5d, para. 4.

3 The owner is required to carry, without delay, any modification of the facts listed above to the knowledge of the Swiss Ship Registry Office, which shall inform the Swiss Office of Shipping.

II. Ship Classification 18

Art. 8

1 Swiss vessels must have the highest rating of a classification society recognized by the Swiss Agency for Maritime Navigation.

2 Certificates of airworthiness established for isolated voyages are reserved.

III. Armament of ships and safety requirements 19

Application of international conventions

Art. 1

1 The following international conventions apply in their most recent content to Swiss ships, their armaments and their safety, the safeguarding of human life at sea and the protection of the waters of the sea, as well as the training of Seafarers:

A.
International Convention of 5 April 1966 2 On load lines;
B.
International Convention of 1 Er November 1974 3 And Protocol of 17 February 1978 4 For the protection of human life at sea;
C.
Convention of 20 October 1972 5 On the international regulation to prevent collisions at sea;
D.
Radio Regulations annexed to the International Telecommunications Convention of 6 November 1982 6 ;
E.
International Convention of 2 November 1973 for the Prevention of Pollution from Ships within the meaning of the Protocol of 17 February 1978 7 ;
F.
International Convention of 7 July 1978 8 Standards for the training of seafarers, the grant of patents and the day before;
G. 9
International Convention of 30 November 1990 10 The preparation, combating and cooperation in the field of oil pollution;
H. 11
Convention on the Maritime Labour of 23 February 2006 on Conditions of Employment in the High Seas 12 . 13

2 The provisions of the international conventions referred to in para. 1 also applies to Swiss vessels with less than 500 gross tonnes; however, the Swiss Agency for Maritime Navigation may, in special cases, grant such vessels derogations as necessary safety and safeguard Of human life at sea are insured.

3 It is not permissible to dispose of radioactive waste from the Swiss ships in the sea.

4 The requirements of the Enterprise of PTT shall be reserved 14 Relating to the installation and operation of radiotelegraphy and radiotelephony apparatus on board ships in accordance with the International Convention of 1 Er November 1974 and the Protocol of 17 February 1978 for the protection of human life at sea. 15


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1966 (RO) 1966 1525).
2 RS 0.747.305.411
3 RS 0.747.363.33
4 RS 0.747.363.331
5 RS 0.747.363.321
6 RS 0.784.16 . Only c. 422 para. 1 and 725 per. 1 of the radio R were published to the RO (RS 0. 784.403.1 ).
7 RS 0.814.288.2
8 RS 0.747.341.2
9 Introduced by c. I of O du 9 Dec. 1996, effective from 1 Er Feb 1997 (RO 1997 151).
10 FF 1995 IV 270
11 Introduced by c. I of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).
12 RS 0.822.81
13 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
14 New name as per c. 1 of the appendix to the law of 21 June 1991 on telecommunications, in force since 1 Er May 1992 (RO 1992 581). This mod has been taken into account. Throughout the text.
15 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

2. Competent authority and control

Art. 10

1 Where an applicable international convention refers to the jurisdiction or powers of the government or the administration of the State in whose registers the ship is registered, the competent authority for the Swiss ship shall be The Swiss Agency for Maritime Navigation. The responsibilities of the PTT Enterprise are reserved for radio and radiotelephony facilities.

2 Where an applicable international convention requires the possession of certificates, the regularity of their content must be verified within the prescribed time limit. 1


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

3. Loading Means

Art. 11 1

1 The means of loading a Swiss ship shall comply with the requirements of a control organisation recognised to that effect in the field of maritime navigation and which take account of the provisions of the Convention n O 32 of the International Labour Organisation concerning the protection of workers employed in the loading and unloading of vessels against accidents (revised in 1932) 2 .

2 Periodic inspections of the means of loading shall be carried out in accordance with the requirements of the recognised control organisation and taking into account the provisions of the aforementioned Convention. The master of the Swiss ship must also do at least once a year to review and report all the means of loading.

3 The result of inspections and reviews should be recorded in a book specially opened for these controls. The certificates and the control book must always be on board.


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
2 This conv has not been ratified by Switzerland.

IV. Composition of the crew 20

Art. 12

1 The number and qualifications of the crew of a Swiss ship shall be sufficient to ensure that the safety of the vessel and navigation as well as the safety of the vessel, as well as the safety of the vessel, are sufficient. Human life at sea is ensured, so that the service of the ship can be carried out in an orderly manner, that the requirements on the duration of the work can be met, and that any over-menting of the crew by additional working hours Can be avoided to the greatest extent possible.

2 The Swiss Agency for Maritime Navigation, in accordance with the resolutions of the International Maritime Navigation Organisation and after hearing the relevant circles, shall decide on the minimum number of crew and then issue a certificate. 1


1 New content according to the c. I. de l' O du 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

Accommodation of the crew 21

Application of international conventions

Art. 13 1

1 Repealed by c. I of the O of 20 Feb 2013, with effect from 20 August 2013 ( RO 2013 813 ).

2. Powers of authority

Art. 14

With regard to ships built and completed before the year 1953, but already registered, as well as ships with less than 500 gross tons, the Swiss Agency for Marine Navigation may in each particular case, after hearing the circles Taking into account the circumstances, order the modifications that appear reasonable and practicable, and the adaptation of the vessel to the requirements of the International Convention of June 18, 1949 1 Concerning the accommodation of the crew on board.


1 Schedule II to this Order.

Chapter III. The mention and annotation of the rental of the vessel and the charter 22

Art. 15

1 The reference to the rental of the ship under s. 93 of the Act is made for ships as for inland waterway vessels in the column entitled "mention" of the general ledger; the date and the lessee (shipowner) are indicated.

2 The reference to the rental shall be made without special justification on the written request of the owner and the tenant or upon the request of only one of them subject to justification. The justification to be provided consists of the production of the original or a legalized copy of the lease agreement that contains the authorization for the recording of the statement. In the case of ships, the mention of the lease is also subject to the production of a certificate from the Swiss Agency for Maritime Navigation establishing that the tenant is a Swiss shipowner.

3 The statement shall be deleted on the written request of the owner and the tenant. If the lease has expired, the lessee and the owner may each require the other to consent to the cancellation of the statement. The tenant has the same right when the owner renounces the mention.

4 Art. 81 and 82 of the order of 23 September 2011 on the land register 1 Apply by analogy to the annotation of a rental contract in accordance with Art. 92, para. 4, and a charter in accordance with s. 94, para. 3, of the law. 2


1 RS 211.432.1
2 Introduced by ch. I of the ACF of Nov. 4, 1966 (RO 1966 1525). New content according to the c. 4 of the appendix to the O of 23 seven. 2011 on the land register, in force since 1 Er Jan 2012 (RO) 1911 4659).

Chapter IV. Regulation of work at sea

I. Working with young people

Art. 16

1 The captain must, by registering seafarers under 18 years of age on the crew role, report their date of birth in particular.

2 Persons under 16 years of age may not be employed on board a Swiss vessel. 1

3 ... 2


1 New content according to the c. I of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).
2 Repealed by c. I of the O of 22 Dec. 1988, with effect from 1 Er Feb 1989 (RO 1989 220).

II. Medical Examination

1. Physical Fitness Certificate

Art. 17

1 No person shall be engaged on board a Swiss ship if he does not present a medical certificate certifying that he is fit for work and that he is free from any illness which may endanger other persons on board. The certificate must be established by an independent physician and recognized in the country where the examination takes place. 1

2 The terms of the medical examination must comply with the requirements of the physical fitness certificate issued by the Swiss Agency for Marine Navigation. The Office for Marine Navigation may exceptionally allow for derogations from certain minimum requirements laid down in the certificate of physical fitness, where it is not necessary to comply with it in order to carry out a function on board. 2

3 The first medical examination must take place before the first entry on board a Swiss ship.


1 New content according to the c. I of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).
2 New content according to the c. I of the O of 29 June 1977, in force since 1 Er August 1977 (RO 1977 1338).

2. Periodic reviews

Art. 18

1 Every sailor must undergo a new medical examination every two years at least. Young people under the age of 18 are subject to this review each year. 1

2 ... 2

3 In addition, a new medical examination in accordance with the circumstances must take place when a sailor has suffered a serious illness or accident, or when his/her behaviour on board gives rise to the assumption that his visual, hearing or Colour distinction has declined.


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 Repealed by c. I of the O of 22 Dec. 1988, with effect from 1 Er Feb 1989 (RO 1989 220).

3. Exceptions and examinations at the expense of the person concerned

Art. 19

1 In the event of an emergency, the Swiss consulate or, if it is not accessible, the competent local authority may authorise the enrolment of a seaman without prior medical examination on the reserve that the latter is requested at the first port where the ship will Stopover.

2 If, after medical examination, the physical fitness certificate is refused to the seaman, the seaman may apply for a new examination by one or more independent physicians at his/her expense. 1


1 New content according to the c. I of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).

III. Certificates of Capacity

1. Issuance and Conditions

Art.

1 Where the conditions laid down are fulfilled, the Swiss Agency for Maritime Navigation shall issue certificates of capacity to masters and officers of the bridge and to mechanical officers, to persons operating in the operations team of the Vessels and liferafts as well as those engaged in the shift service; the TTP Company does the same for radio-telegraphers on the aircraft. 1

2 Swiss certificates of capacity may also be issued to foreign nationals employed on board a Swiss vessel when they are required to have such documents for the exercise of their activity on board. 2

3 A person who wishes to obtain a Swiss certificate of capacity must establish that he has reached the maximum age set, that he has passed the planned examination and that he has served on a ship during the prescribed sailing time. The requirements apply only for adventure in the long run. For more limited journeys, the Swiss Maritime Navigation Office fixed in each case, taking into account the provisions in force in the country of vocational training, the less stringent requirements which must be met.

4 In justified cases, the Swiss Agency for Maritime Navigation may issue a provisional certificate of capacity of limited validity. In so doing, it takes into account the provisions of the relevant international conventions. 3


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
3 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

2. Minimum age and examination

Art.

1 The minimum age is 23 years for the master and the first engineer, 21 years for the first deck officer and the second engineer and 20 years for all other deck and machine officers, as well as For radiotelegraphers. 1

2 The examination for each grade must be passed to a maritime navigation school recognized by the Swiss Agency for Maritime Navigation, the requirements of that school relating to that examination being decisive. For radiotelegraphers and their assistants, however, the examination has been carried out with the TTP Company.

3 The third and fourth engineer officers are not required to write a test; however, they must justify:

A.
Achievement ashore of appropriate learning;
B.
A recommendation by the shipowner as to their suitability;
C.
Participation in a certified fire fighting practice course. 2

1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
2 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

3. Prescribed navigation time

Art.

1 Navigation on board a vessel required to obtain a certificate of capacity shall be determined by the requirements of the country in which the examination has been carried out. If such a review includes several grades for deck officers, however, the minimum duration of navigation will be:

-
For a master's certificate of proficiency: one year as the first officer of the bridge or two years as a second officer;
-
For the certificate of capacity of the first officer of the bridge: one year as the third officer of the deck making the shift;
-
For the certificate of second officer's capacity of the deck: four years in the deck personnel, including one year at least as a qualified deckhand, or one and a half years of service on deck as an officer or third officer;
-
For the certificate of capacity of the deck officer: two and a half years of service in the deck personnel of which one year as a qualified deckhand or one year of service on the bridge as an officer. 1

2 For mechanical officers, the requirements of the country of professional training or examination shall be applicable to the workshop service and to the required navigation. However, the third officer must have worked at least one year as the fourth officer and at least one year as an assistant engineer on board a ship.


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).

IV. Duration of work on board

1. Normal time.

A. Shift mark on deck, machines and radio-telegraphic service

Art.

1 The normal working hours of the officers and seafarers of the bridge service, the service of the machinery and the radio-telegraphic service which are a quarter is eight hours per day at sea as well as the days of departure and arrival, Sundays and days Public holidays included. On New Year's Day, Good Friday, Easter Monday, Ascension Day, Pentecost Monday, Christmas Day and Christmas Day are considered legal holidays at sea and in ports. 1

2 Working days completed at sea on Sundays or statutory holidays must be compensated for as many days off in a port, at the discretion of the captain. If this compensation is impossible due to lack of time or for other compelling reasons, each day of leave not granted shall be replaced by an allowance in the amount of a thirtieth of the agreed monthly basic salary, housing allowance and Excluded food.

3 At the port and in the harbour, the normal hours of work of the officers and sailors of the bridge service, the machinery and the radio-telegraphic service are eight hours a day from Monday to Friday and five hours on Saturdays.

4 Piquet services at the port and on Sunday and statutory holidays, as well as during the night, shall be compensated by leave of the same duration or by the payment of an indemnity fixed in the commitment contract. 2

5 On the harbour and in the harbour, Sunday and statutory holidays must be offset by overtime payment; is also deemed to be overtime at night in excess of the normal hours of work According to para. 3. 3


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
3 Introduced by ch. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).

B. Marins that are not a quarter

Art. 24

1 The normal working hours of the officers and sailors of the bridge service and of the machines which are not a quarter is, at sea as well as the days of departure and arrival, eight hours a day from Monday to Friday, six hours on Saturday and two hours per day. Hours on Sundays and statutory holidays.

2 On Sundays and statutory holidays at sea, no compensation leave shall be granted for any compensation.

3 At the port and in the harbour, the normal working time is eight hours a day from Monday to Friday and five hours on Saturdays.

4 The services of picket or guard at the port and on Sunday and statutory holidays, as well as during the night, are regulated by the provisions of Art. 23, para. 4 and 5. 1


1 Introduced by ch. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).

C. General Service Marins

Art. 25

1 The normal working time in the general services is nine hours per day, both working days and Sundays and holidays, and whether the ship is at sea only if it is in port or in rade. However, on Sundays and statutory holidays, the necessary work must, as a general rule, be limited to the service and feeding of the crew and potential passengers.

2 For the work provided on Sundays, the general service sailor shall be entitled to at least two days' leave per month. He also has the right to a day off for work provided on a statutory holiday. 1

3 Days of leave shall be granted in a port at the discretion of the master. If such leave is impossible due to lack of time or for other compelling reasons, each day of leave not granted shall be replaced by an allowance in the amount of a thirtieth of the agreed monthly basic salary, housing allowance and Excluded food.


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).

2. Distribute work on board

A. At sea and the days of departure and arrival

Art. 26

1 The service of the officers and sailors of the bridge service and the machines is, at sea and in the long run, divided every day in three quarters.

2 In the large coasting trade, on board ships with no more than 1000 gross tons where the little space does not accommodate three shift crews, the service can be allocated in only two-quarters. Of all vessels in the large cabotage, as well as on vessels with no more than 4000 t gross, independently of the voyages the master may be incorporated into the quarter service. The navigation between all the ports of Europe, the Mediterranean and the Black Sea, as well as the same routes in the overseas areas, is considered to be a major cabotage. 1

3 Sailors who are not divided into quarters and the seamen of the General Service shall provide at sea their working hours within a period of thirteen consecutive hours.

4 Radiotelegraphers are engaged in daily eight-hour services in accordance with the Radio Regulations annexed to the International Telecommunications Convention of 6 November 1982. 2 The Swiss Maritime Navigation Office may, after hearing the interested parties, release them from the watch service when the ship is equipped with additional automatic telegraphic equipment. Once the potential maintenance or repair of electronic equipment has been completed, they may be assigned by the master to writing or other administrative work. 3


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 RS 0.784.16 . Only c. 422 para. 1 and 725 per. 1 of the radio R were published to the RO (RS 0. 784.403.1 ).
3 New content according to the c. I. de l' O du 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

B. At the port and in the harbour

Art. 27

1 At the harbour and in the harbour, all crew members work, as a general rule, at the same time between 6 a.m. and 6 p.m., with the exception of general services, whose work is distributed at the discretion of the specific circumstances.

2 Radiotelegraphers shall not be assigned to the port and shall be assigned by the master to writing or other administrative work only after the maintenance or repair of the radiotelegraphic equipment or the repair of the radiotelegraphic equipment has been completed. Other work concerning their service, and only within the limit of the duration of their remaining work.

C. Young people's work

Art. 28 1

People under the age of 18 cannot be assigned to night work, on the night of 9 o'clock in the evening at 6 a.m.


1 New content according to the c. I of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).

3. Distribution of Work by the Captain

Art.

Where this order does not provide the rule to be followed, the master shall decide on the distribution and duration of the work.

4. Additional work.

A. Obligation of additional work

Art.

1 In certain cases, in particular where the interest of the ship, cargo or persons on board requires it, the captain may extend the duration of the work. The officers and sailors have a duty to provide the additional work demanded of them by the captain.

2 The additional work shall be avoided as far as possible and shall not, as a general rule, exceed four hours per day; each sailor shall have ten hours of rest, six hours in a row, per period of twenty-four hours. Hours. 1


1 New content according to the c. I of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).

B. Obligation to compensate

Art.

1 Work performed outside the normal working time shall be deemed to be additional work and shall be entitled to the compensation provided for in Art. 73 of the law.

2 Even ordered by the master outside the normal working time, the following works shall not be deemed to be additional work and shall not be entitled to compensation:

-
The necessary emergency work for the safety of the ship, cargo and persons on board;
-
Work to rescue and rescue ships or persons in danger of being lost at sea;
-
The necessary calls and exercises for the extinguishment of fire or rescue by boats and all other similar exercises in accordance with the provisions and practices in force for the protection of human life at sea;
-
Additional work required by customs formalities and observation of quarantine or other health police requirements;
-
The work of the officers for the current and necessary determination of the ship's position and for meteorological observations;
-
The time required for the normal shift of the shift;
-
The personal work of each sailor for the maintenance and care of his/her dwelling, clothing and effects.

3 For all seamen, the contract of engagement may provide for a lump sum benefit for the additional work. 1 Increased work within the meaning of s. 75, para. 1, of the Act does not fall under this provision. 2

4 The salary that is allocated within the meaning of s. 75, para. 1, of the law, or which is used for the calculation of remuneration for acts of assistance and rescue within the meaning of s. 75, para. 2, is the basic salary excluding any other allowance. 3


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 Introduced by ch. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
3 Introduced by ch. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).

Marine Food on board

1. Facilities and Equipment

Art. 32

1 Every Swiss ship must have a properly installed and equipped kitchen, clean and large enough, as well as the necessary stores and refrigerated premises.

2 Every Swiss ship must have on board, for the preparation of the crew's food, an experienced professional cook; if the crew has more than twenty-five persons, a cook-aid must be hired.

3 The shipowner shall make available to all members of the crew the necessary utensils and table services. Every sailor has an obligation to take care of the material so made available; in the event of loss or damage caused by his fault, he shall repair the shipowner.

2. Ship's Supply

Art. 33

The shipowner and the master shall be obliged, for the safety and health and welfare of the crew and taking into account the duration and nature of the voyage, to ensure that the Swiss vessel is supplied with safe food and Fresh enough as well as fresh drinking water. Suitable premises and facilities must provide for the care and proper conservation of these foodstuffs and drinking water.

3. Power type and quantity

Art. 34

1 Every sailor is entitled to his food. This food must, as a response to the uses and convenience of shipping, be the same for all crew members.

2 Food shall, taking into account the personnel of the crew, the nature and duration of the voyage, the climatic conditions and the nationality of the mariners, be sufficient and appropriate by its quantity, its nutritional value and its variety; Must be good and prepared expertly.

3 Each sailor receives three meals a day: breakfast, lunch and evening meal at regular times. In case of night work, additional food and, if necessary, hot must be provided.

4. Power Control

Art. 35

1 The cook of the ship or another sailor designated by the master shall each day establish for control a statement of the type and composition of the meals as well as any additional feeding.

2 The master or another sailor by him shall maintain a qualitative and quantitative statement of the various foodstuffs offered during each month or of each voyage to the crew members. This statement must be signed by the captain and by the sailor who established it. 1

3 The statements thus drawn up shall, on his application, be subject to inspection by the Swiss Agency for Marine Navigation.

4 The master shall have the obligation, at least once a week, to inspect the condition of the kitchen, the stores and the refrigerated premises, as well as the equipment and equipment intended for the supply of the equipment; the master shall also supervise the Food preparation. Any defect must be corrected immediately. If the master is not able to do so, he shall immediately inform the shipowner, who shall immediately take the necessary measures.


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).

5. Extraordinary events

Art. 36

1 If the journey lasts longer than expected, or if extraordinary events occur, the master is competent to adapt the food to the circumstances and, if necessary, limit it in such a way that the well-being of all members of the The crew can be assured as much as possible until the arrival at the next port.

2 The captain will record in the book why he used that skill and the measures he ordered.

VI. Marine Complaints

Art.

1 Seafarers' complaints concerning inadequate housing and food, non-compliance with minimum age requirements, medical examination, distribution of work, duration of work and additional work, must Be given in writing to the master. The master shall report any complaint filed with the master on the ship's book and indicate what investigative or remedial action it has taken.

2 The sailor may also direct his complaint directly to the Swiss Maritime Navigation Office, in particular if he considers that neither the captain nor the shipowner has taken the necessary corrective measures. 1

3 In the event of a violation of the provisions of the Maritime Labour Convention of 23 February 2006 on conditions of employment in the high seas navigation 2 , the seafarer may lodge a complaint directly with the competent official of the port authority where the vessel has stopped. In such cases, the organizations of employees and employers concerned may apply for mutual legal assistance under s. 59, para. 3, of the Federal Law of 23 September 1953 on Shipping under the Swiss flag 3 . 4


1 New content according to the c. I of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).
2 RS 0.822.81
3 RS 747.30
4 Introduced by ch. I of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).

VII. Right of sailors to vacations

1. Scope of the right to vacation

Art. 38 1

The minimum entitlement to paid vacation is determined by s. 329 A The code of obligations 2 .


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 RS 220

2. Run

Art. 39

1 Sundays and non-working legal holidays cannot be regarded as holiday days, nor can interruptions in the work caused by the illness or accident.

2 Vacation shall be granted to the seaman in a port of the country where he has been enrolled or of which he is from, or in the country where he is domiciled or closest to his home or home country; the most favourable port for the Shall be selected unless the seaman expressly declares acceptance of another solution.

3 Holidays are continuous; if there are valid reasons for the service, however, they may be granted in two or more times, or be carried over in whole or in part in the following year. Exceptionally and in exceptional circumstances, the right to vacation may be satisfied by the payment of compensation on the condition that the sailor remains in the service of the shipowner and consents thereto.

4 The master fixed, in agreement with the shipowner, the beginning of the holidays. The desires and interests of the sailor should be taken into account in an equitable manner.

3. Payment of salary and allowances

Art. 40

1 During the duration of the holidays, including Sundays and statutory holidays falling during this period, the sailor is entitled to the payment of the agreed wage, excluding supplementary and other work allowances, as well as to Appropriate food allowance. If there is a right to vacation at the time of termination of the contract of employment, the same salary and the same food allowance shall be paid for the vacation days for which he or she has not been granted.

2 If not otherwise disposed of in the commitment contract, the daily subsistence allowance shall be equivalent to the amount per day of subsistence, for the purpose of calculating income in kind, as fixed for contributions made to Swiss old-age and survivors' insurance by persons in the non-agricultural category. The food allowance must be paid before the start of the holiday.

3 The right to an accumulated vacation at the time of the loss of the vessel thereafter shall not be counted against the period of actual unemployment during which the crew is entitled to an unemployment benefit, according to Art. 86 of the law. The post-shipwreck unemployment benefit, as provided for in Art. 86 of the law is equivalent to the basic salary increase of the food allowance. 1


1 Introduced by ch. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).

VIII. Accident and sickness insurance

1. Insurers

Art.

1 The insurance against sickness and occupational accidents must be concluded with an insurance company authorized by the Federal Department of Justice and Police to operate in Switzerland. If the shipowner of a Swiss ship has instituted, for his staff, his own disease-sickness fund and that this credit union has been recognised in accordance with the Federal Act of 18 March 1994 on health insurance 1 , the credit union must be allowed to practise the insurance provided for in this order. 2

2 Any shipowner of a Swiss vessel must send a copy of the insurance contract to the Swiss Agency for Marine Navigation. Prior to its approval, this Office will consult with the Federal Financial Market Supervisory Authority 3 Or, where appropriate, the Federal Office of Public Health 4 The insurance companies are required to inform the Swiss Office of Shipping, by registered letter, of the termination or expiration of the contract.


1 RS 832.10
2 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
3 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
4 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).

2. Minimum benefits; standard contract

Art.

1 The Federal Council shall fix in a standard contract, after taking the opinion of the interested parties, the minimum benefits and the detailed requirements to which the insurance contract must comply in order for the shipowner to comply with the obligation Insurance under s. 84, para. 3, of the law; the standard contract shall be annexed to the order and shall be deemed an integral part thereof. 1

2 Insurance benefits will be charged to those which the policyholder may be required to pay.


1 Schedule III to this Order.

3. Occupational Accidents

Art. 43

All accidents suffered by the insured during the performance of his service are deemed to be occupational accidents. Accidents on board the ship, or during vessel traffic from ship to ship or from ship to land and return, are deemed to be in all occupational accidents.

4. ... 23

Chapter V. 24 Amounts of responsibility

I. Limitation of liability of the carrier

Art. 44 1

1 Under s. 105, para. 3, of the law, the carrier's liability is limited to:

A.
666.67 units of account per package or per unit of transport;
B.
2 units of account per kilogram of the gross weight of the goods.

2 The unit of account is the Special Drawing Right as defined by the International Monetary Fund. Conversion into the national currency shall be effected on the day of the judgment or on a date fixed by mutual agreement of the parties.

3 In the field of navigation on the Rhine, the liability of the carrier, in the case of para. 1, let. B, is limited to an account unit.


1 Formerly before chap. V.

II. ...

Art. 44 A 1

1 Repealed by c. I of the O of 3. 1997, with effect from 1 Er Nov 1997 (RO 1997 2186).

Chapter VI. 25 Rules of Procedure

Section I. Limitation of liability with a limitation fund 26

Opening of the proceedings

1. Motion and Order of the Judge

Art. 45 1

1 The shipowner of a seagoing vessel or a vessel of inland navigation which, pursuant to s. 49, para. 1, or 126, para. 2, of the law, intends to limit its liability upon the establishment of one or more limiting funds, requests the judge to open the proceedings and communicates to it the amount of the limitation funds to be constituted, as well as the creditors to In respect of which it intends to avail itself of the limitation of its liability; it shall state the cause and the amount of their claims.

2 If it is likely that the conditions for a limitation of liability are satisfied, the judge shall immediately order the commencement of the proceedings, fix the time limits in which the limitation funds must be constituted, Creditors whose claims, according to the request, must be included in the proceedings and appoint a Commissioner. The judge may, at any time, revoke and replace the Commissioner.

3 If several limiting funds are to be set up, the following provisions shall apply to each limitation fund.

4 The shipowner shall bear the costs of the procedure, including those relating to the Commissioner.


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

2. Effects of commencement of proceedings

Art.

1 From the date of the request of the shipowner and up to the date of the closure or termination of the proceedings, there can be no requisition or continuation of the prosecution for the claims covered by the proceedings. Civil actions and enforcement measures under way are suspended during the same period.

2 The limitation periods and expiry dates shall likewise be suspended until the closure or termination of the proceedings.

3 Once the limitation and advanced funds have been set up, the receivers and seizures made as a result of claims covered by the procedure are raised ex officio, provided that no achievement has yet taken place. 1


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

3. From the Commissioner

Art.

1 The Commissioner shall address to creditors the necessary communications and summons, draw up for each limitation fund the status of collocation and the distribution table, and allocate the amounts of liability among the creditors. 1

2 The Commissioner's decisions may be the subject of a complaint to the supervisory authority within ten days from the day on which the complainant became aware of it; s. 17 et seq. Of the Federal Debt and Bankruptcy Prosecution Act 2 Are applicable.

3 The communications and summons addressed by the Commissioner to the creditors are by registered letter. If the domicile of a creditor is not known or cannot be reached by mail, a notification shall be made by the Official Swiss Trade Sheet And, where appropriate, by foreign publishing bodies. If a creditor resides abroad at an unknown address, the Commissioner shall carry the notification published to the knowledge of the diplomatic or consular representation of the country concerned.


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 RS 281.1

4. Communications to Creditors

Art. 48

1 The order opening the proceedings shall be communicated by the Commissioner to all creditors whose claims are included in the proceedings. The Commissioner will indicate the date of this opening.

2 The communication or public notification of the Commissioner shall contain:

A.
The name and address of the shipowner, as well as the name, nationality and place of registration of the ship;
B. 1
The figure and method of calculation of the limitation funds, as well as the date and the modality of their constitution;
C.
The event or travel to which the claims of creditors relate;
D.
The amount of each creditor's claim based on the request of the creditor;
E. 2
The indication that each creditor may, within sixty days of the delivery of the communication to the post or from the publication of the notification in the Official Swiss Trade Sheet, To bring an application against the shipowner to obtain higher limitation funds from the shipowner, in the absence of which the limiting funds set up by the shipowner will be deemed accepted;
F.
The summons to creditors to have, within the same period, to express themselves on those of their claims that the shipowner has included in the proceedings, failing which the amount indicated by the shipowner will be subject to the procedure;
G.
The recall of the lapse rules contained in s. 49 and 52 of this order;
H.
Name and address of the Commissioner.

3 At the request of the shipowner, the Commissioner must also, in a public notification, indicate to unknown creditors of the shipowner or not named by him, that those of their claims which are supposed to be satisfied on a limitation fund Must be announced within the period specified in para. 2, let. E, with the means of evidence. 3


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
3 Introduced by ch. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

II. Fixing Control Funds 27

1. Fixation by the Judge at the request of the Creditor

Art. 1

1 Within 60 days upon delivery of the communication of the Commissioner announcing the opening of the procedure or, if no personal communication has been made, upon publication of the notification in the Official Swiss Trade Sheet, The creditor whose claim is included in the proceedings may apply to the court to fix more limited funds than the funds set up by the shipowner, failing which these funds will be deemed accepted. 2

2 If the creditor who initiated the action is successful, the additional amount of the limitation fund benefits the creditor to the extent of its increased claim for litigation costs. 3 The potential surplus benefits other creditors. If several creditors have jointly filed the share, the surcharge is allocated, unless otherwise agreed, in proportion to the claims announced.

3 If the judge establishes a higher limitation fund, it shall at the same time indicate the mode and the period of its constitution. 4


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
2 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
3 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
4 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

2. Mode of constitution and calculation of limitation funds 28

Art. 50

1 A person who intends to set up a limitation fund must record the amount with the cantonal depository body designated by the order of the judge in such a way as to ensure that it is of interest. Instead of a cash deposit, the judge may order, in favour of the court, the irrevocable guarantee of a Swiss bank or an insurance company. The amount of the guarantee is then increased by the interest that could be obtained in the case of a deposit. The judge may, on fair grounds, extend the time limit for the establishment of a limitation fund. 1

2 If a limitation fund is fixed in gold franc, special account units or foreign currency, it shall be converted into Swiss francs during the day on which the fund is established. 2

3 If the applicable foreign law limits the shipowner's liability to the value of the ship or to the ship itself, the value of the ship must be determined in view of the procedure in Switzerland and its amount must be deposited.


1 New content according to the c. I. de l' O du 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 New content according to the c. I. de l' O du 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

3. Right to limitation funds 29

Art. 1

1 A limitation fund set up by the shipowner cannot be seized or sequestered because of other claims which must not be satisfied on this fund.

2 The fact that the shipowner falls into bankruptcy after the establishment of a limitation fund, or that it introduces a corresponding procedure, does not alter the course of the limitation of liability procedure.


1 New content according to the c. I. de l' O du 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

III. Audit of claims

1. Declaration of Creditors

Art.

1 Any creditor whose claim is submitted by the shipowner to the proceedings must, if he intends to claim a claim of a higher amount, or whether he intends to withdraw all or part of the debt announced by the shipowner, make the declaration to the Commissioner within the sixty-day period provided for in s. 49.

2 If the creditor does not make a written declaration within that period, the claim shall be subject to the procedure for the amount indicated by the shipowner.

3 Debts announced by creditors under s. 48, para. 3, are subject to the same procedure as those announced by the shipowner, in so far as the shipowner does not oppose within 30 days of the Commissioner's communication. 1

4 The creditor whose claim is subject to the proceedings is not deprived of the right to assert the non-limited liability incurred by the shipowner in the event of misconduct. 2 3


1 Introduced by ch. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 Formerly al. 3.
3 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1966 (RO) 1966 1525).

2. Eligibility and calculation of claims

Art.

1 The claims to be satisfied on each limitation fund become due on the day of their incorporation. Interest shall cease to accrue from that date. 1

2 Claims denominated in foreign currencies shall be converted into Swiss francs during the day on which the procedure is opened.


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

3. Collocation of claims

Art.

1 For each limitation fund, only the claims to be satisfied on the fund are allowed in the statement of collocation, in accordance with the procedure laid down in Art. 52. Claims are colloked according to the provisions of the applicable international conventions referred to in Art. 49 of the Act. 1

2 The condition of collocation must be filed with the court for sixty days, where it can be consulted. The Commissioner announces this filing by publication in the Official Swiss Trade Sheet; It communicates a copy of the collocation status to each creditor by indicating the date of its filing with the court.


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

4. Oppositions

Art.

1 A creditor who intends to set aside the claim of another creditor or objects to his or her participation in the statement of collocation, must take action against that other creditor within sixty days of the filing of the collocation.

2 If the plaintiff wins the case, the amount that is reduced by the defenceman's dividend on a fund is used to satisfy the plaintiff up to the total amount of his claim increased by his litigation expenses. 1 The potential surplus benefits other creditors. If several creditors have brought the action together, s. 49, para. 2, 2 E Sentence, shall apply mutatis mutandis. 2

3 If the creditor claims to establish that the contested claim is not subject to limitation of liability or cannot be colloqued on the same limitation funds, the shipowner may intervene in the case. 3

4 The judgment obtained shall be binding on the shipowner and all creditors covered by the limitation procedure.


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
2 Introduced by ch. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
3 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

5. Withdrawn or unannounced claims

Art. 56

1 If a creditor has withdrawn all or part of its claim as announced by the shipowner, or if it has acknowledged without the shipowner's consent, the merits of another creditor's application within the meaning of s. 55, para. 3, the shipowner may object to any further evocation of the receivable that it is subject to limitation of liability and that it should have been filed in the course of the proceedings. If the shipowner is successful on this point, the creditor's right is out of date.

2 The claims that the shipowner has not included in the proceedings are affected by the limitation of his liability only if their cause resides in any other event in respect of which a separate procedure is possible.

6. Compensation with the shipowner's claims

Art. 57 1

1 The provisions of the applicable international conventions referred to in s. 49 of the Act apply to the clearing of mutual claims arising from the same event and to the termination, by set-off, of other claims before the commencement of the proceedings. 2

2 A claim included in the limitation procedure shall not, after the commencement of that procedure, be offset by a claim by the shipowner, which is not born of the same event, as until the amount of the dividend allocated to it on the Limiting funds. To the extent that such compensation has taken place, the dividend relating to that claim accrues to the shipowner. 3

3 If the creditor affected by compensation objects to the rights of the shipowner, the Commissioner must bring the disputed dividend to court.


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
2 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
3 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

IV. Distribution of limitation funds 30

1. Distribution table

Art.

1 Where a limitation fund has been set and the statement of collocation of the claims admitted has become final, the Commissioner shall draw up the distribution table for each limitation fund. 1

2 The distribution table must be filed with the court for 30 days, where it can be consulted. The Commissioner shall inform each creditor of that deposit and provide him with an excerpt of his dividend.

3 If there is a complaint against the distribution board, it must be filed during its filing.


1 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

2. Payments to Creditors

Art.

1 When the distribution table becomes final, the Commissioner pays the dividends to the creditors.

2 The Commissioner may previously pay creditors in proportion to their dividends.

3. Extinction of claims

Art. 60 1

1 The payment to each creditor of its dividend on the limiting funds shall extinguish its claim. It is reserved for non-limited liability in accordance with the provisions of the applicable international conventions referred to in Art. 49 of the Act. 2

2 The shipowner may also invoke the legal limitation of a claim outside the present proceedings, but he will not benefit from the special advantages resulting from the establishment of the limitation funds. 3


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
2 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
3 New contents of the last part of the sentence as per c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

Closure or termination of the proceedings

Art. 61 1

1 After the distribution of the limiting funds, the Commissioner submits a final report to the judge. 2 The Court shall declare the closure after it has concluded that the procedure has been completed.

2 If the shipowner, within the prescribed period, does not constitute the limitation funds proposed by him or fixed by the judge and does not advance the costs, the judge shall adopt the procedure. The Commissioner shall notify the creditors already informed of the proceedings of the judgment. If a fund had already been set up in part, what remains after deduction of the costs incurred is the responsibility of the shipowner. 3


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
2 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).
3 New content according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

VI. Simultaneous Prosecutions Abroad

S. 62 1

If, for claims covered by an open procedure in Switzerland, the shipowner is also prosecuted abroad, the judge must, at the request of the shipowner, take the measures and the provisions for the limitation of his Liability and to satisfy creditors in a uniform manner. In particular, the judge may lower a limitation fund or give the shipowner the dividend of a creditor, provided that the creditor obtains satisfaction abroad. 2


1 New content according to the c. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).
2 New wording of the last sentence according to the c. I of the O of 22 Dec. 1988, in force since 1 Er Feb 1989 (RO 1989 220).

Section II: Forensic Approval of Dispaches

I. 31 Applicable law

S. 63

The rules of York and Antwerp, in the content of Annex IV 1 In this order, govern the common damage.


1 RO 1993 2284

II. Establishing the Dispache 32

S. 63 A 1

1 In the event of the common damage of a ship of sea or of an inland waterway vessel, the dispache shall be established by an expert (dispachor). The latter may be appointed either by the competent authority of the place where the dispache is to be established, either by the shipowner or the master, or by agreement between those who are interested in the settlement of the common damage.

2 If the dispachor has been designated by the shipowner or the master, and if it is not a dispachor recognized or sworn in the meaning of the law of the country where the dispache is to be established, any interested person may, within ten days from the date on which he or she has been Knowledge of the identity of the dispachor, to oppose before the Swiss judge in the event that the law of the place where the dispache is to be established does not provide any other means of law.

3 If no opposition is made within this period, either in Switzerland or abroad, the designation of the dispachor is approved. If the judge considers the opposition to be justified, he shall designate another dispachor.

4 If the designation of the dispachor or the establishment of the dispache in Switzerland is unduly delayed, any interested party may apply to the judge for the designation of a dispachor or the revocation of the dispachor in arrears.


1 Formerly art. 63.

III. Homologation of the dispache 33

1. Request by Interested Parties

Art. 64

1 Any person who is interested in the settlement of the common damage has the right to apply for judicial approval of a dispache against others. The request shall indicate those of the persons concerned against whom judicial approval is sought.

2 If the conditions of the common damage do not appear to be absent from the outset, the judge shall hold a public debate between the applicant and the persons concerned appointed by the applicant; he shall invite the dispacheur to take part in it. The said debate may not take place less than thirty days after the invitation.

3 The summons shall indicate that, if the person summoned fails to appear in the debate or to make prior written opposition to the judge, he shall be deemed to have given his agreement to the dispache.

4 The Swiss authorities are competent to register a dispache if it has been established in Switzerland or if the person concerned with the settlement of the common damage as an applicant or defendant has his domicile in Switzerland. 1


1 Introduced by ch. I of the ACF of 4 Nov 1966, in force since 1 Er Jan 1967 (RO) 1966 1525).

2. Mutual settlement of oppositions

Art.

1 If no opposition has been made against the dispache, the judge shall address the dispute against those who are interested in the regulation.

2 If an interested party is opposed in due course, the other parties concerned must determine. If they admit the opposition or otherwise come to an agreement with the opponent, the dispache must be amended accordingly and approved by the judge. If the opposition is not resolved, the dispache must be registered to the extent that it is not challenged by the opposition.

3 If the opposition is concerned with the rights of an individual who has not been absent, the latter shall be deemed not to recognize it.

3. Judicial resolution of objections

Art. 66

1 If an opposition is not admitted in the course of the debate and is not settled by agreement, the opponent has a period of thirty days from the debate to bring action against those concerned whose rights are affected by his opposition.

2 If the time limit for bringing an action is not observed, the opposition loses its validity and the dispache is deemed to be recognised and registered.

3 Once the decisions on oppositions have been entered into force, the dispache must be amended in accordance with the information contained in those decisions and approved by the judge without any other procedure.

4. Rights of the opponent

Art. 67

1 The opponent may bring proceedings against the persons concerned who have declined his opposition to an action in recognition of his right to compensation or for his contribution, or an action in recognition of the right to compensation or the contribution of another Interested.

2 The action will be brought jointly against all those affected in their rights by the opposition. If a number of interested parties take action, the judge must attach the cases.

5. Effects of Judgement

Art. 68

1 The legal registration of the dispache has only effects on the internal legal relations of the parties to the approval procedure. Between these parts, the certified dispache, once entered into force, entices the final release of the oppositions.

2 If, following the request of an opponent, the judge finds that there has been no common damage and no obligation to contribute exists, the judgment shall remain without effect with regard to the other persons who had admitted the dispache.

6. Fees

Art. 69

1 The applicant shall bear the costs of the approval procedure where no opposition is made. If, however, a person has refused his or her contribution to the common damage, but has given up opposition during the proceedings, the judge may charge the costs.

2 When the oppositions are resolved in the course of the debate or following a judgment, the judge, taking into account the solution, decides on the fair distribution of the costs of the approval procedure.

Section III. Common provisions

I. Additional provisions

Art.

1 The provisions of the Federal Act of April 11, 1889 1 On the prosecution of debts and the bankruptcy, as well as those of the orders and instructions which supplement it, shall apply to the extent that neither the law nor the present order provide for any special rules of procedure.

2 The expression of shipowner used in the procedure relating to the limit of liability, subject to the establishment of limitation funds, shall apply mutatis mutandis to any person who, in accordance with Art. 49 and 126, para. 2, of the law and the international conventions referred to therein, may invoke limitation of liability. 2


1 RS 281.1
2 New content according to the c. I of the O of 3. 1997, effective from 1 Er Nov 1997 (RO 1997 2186).

II. Judicial authorities

Art.

1 The canton of Basel-City designates the judicial authorities that are competent to make the decisions and make the orders that this order entruss to the judge. It shall adopt the necessary procedural provisions and the tariff of emoluments.

2 A complaint may be filed in accordance with s. 17 et seq. Of the Federal Act of April 11, 1889 1 On the prosecution of debts and the bankruptcy, against any infringement, in the course of a prosecution, of the provisions of the art. 46 and 51.


III. Adjudication

Art. 72

1 Actions under s. 49, 55 and 66 may be brought before arbitral tribunals.

2 The time limits for proceedings shall be respected if the arbitration agreement has been signed within the time limit for bringing an action, if the applicant has appointed its arbitrator and the defender has been invited to appoint his or her or has requested the appointment of a single arbitrator. A new period of thirty days, in which the application is to be submitted to the arbitral tribunal, shall then begin to run, at the expiration of which the time limit for taking action is deemed to have expired.

Chapter VII. 34 Final provisions

Entry into force

Art.

This order shall enter into force on the same date as the Federal Law of 23 September 1953 on Shipping under the Swiss Flag, 1 Er January 1957.

Annex I

(Art. 9, para. 1)

Rules for Preventing Collisions at Sea 1



Status on August 20, 2013

Annex II 1


1 Repealed by c. II al. 1 of the O of 20 Feb 2013, with effect from 20 August 2013 ( RO 2013 813 ).


Status on August 20, 2013

Annex III 1

(Art. 42)

Type contract for the assurance of crew of seagoing ships 2

Approved by the Federal Council on 23 November 1965

Scope of application

I. Circle of insured persons

Art. 1

1 In accordance with Art. 84 of the Federal Act of 23 November 1953 3 On maritime navigation under the Swiss flag and art. 42 of the order of 20 November 1956, all the crew of the sea ship is insured against sickness and occupational accidents.

2 Crew the captain and other seamen who have a job on board and are inscribed on the crew role.

II. Insurance Coverage

Art. 2

1 Insurance covers occupational accidents and diseases.

2 The insurance against the disease is subject to an entry medical examination.

Art. 3

1. Accident Insurance

1 The following are deemed professional accidents:

-
All accidents suffered by the insured during the performance of his or her service;
-
Accidents on board ship or vessel traffic from ship to ship or ship to land and return;
-
Accidents that occur during an insured person's home journey at the port of embarkation to take his or her work, or, conversely, on the direct journey that he makes from the port to his or her home after leaving work; and Excluded from accidents in the home where the insured person lives or in the immediate vicinity.

2 Determines to define the accident the detailed provisions on compulsory accident insurance and the practice of the Swiss National Insurance Fund in the event of accidents (Caisse Nationale). The insurance of occupational accidents also extends to occupational diseases and diseases produced by the work recognised by the National Fund as giving entitlement to benefits.

Art. 4

2. Health Insurance

1 All diseases are covered, with the exception of the cases referred to in the following paragraph.

2 Not covered:

-
Diseases, disease states and their suites that were already in existence at the time of the conclusion of the contract of engagement and were knowingly made by the insured person;
-
Diseases that occur after the end of the insurance coverage, unless the insured person proves that he or she was infected with the illness while covered by the insurance;
-
Diseases caused by the regular absorption of narcotic drugs or magnets, those caused by the usual abuse of tobacco or alcohol, or punishable acts committed by the insured person.

III. Start and Duration of Insurance

Art. 5

1 The insurance takes effect for the insured on the first day for which he has his salary, but no later than the day of his boarding, and ends at the time of his dismissal, as well as 48 hours after he was taken prisoner, was interned or was Landed by a foreign power.

2 For crew members who are not engaged at the port of embarkation, accident insurance shall take effect at the time of their arrival at their place of residence in the means of transport which shall lead them to the port.

3 For crew members who, after their dismissal, immediately undertake their return journey to their home, the accident insurance shall cease at the exit of the means of transport used for that journey, unless it has already ceased to Due to the fact that the insured person was taken prisoner, was interned or landed.

4 In addition, insurance is automatically terminated as soon as Switzerland is involved in a war, with the restriction, however, that insurance continues to be deployed for the ship at sea until the end of the voyage Started, or until it enters the destination port, or in a backup port, in which case the backup port is considered to be the destination port.

B. Benefits

I. Accident Insurance

Art. 6

1 The amount of insurance benefits is determined solely by the provisions of the Federal Act of June 13, 1911. 4 On insurance in the event of sickness and accidents, subject to para. 2 below. In cases that are not clearly regulated by law, the practice of the National Fund is decisive.

2 In derogation:

A.
In Art. 74 of the above-mentioned Act 5 The daily allowance is equal to 100 % of the salary taken into account in accordance with the letter d;
B.
In Art. 77 of the above-mentioned Act 6 , the disability pension is equal, in the case of total incapacity for work, to 100 % of the salary taken into account in accordance with the letter d. In the case of partial incapacity for work, the pension undergoes a proportionate reduction;
C.
In art. 84 and 87 of the above-mentioned Act 7 , the widow's or widower's pension amounts to 40 %, the single orphan's pension to 20 %, the orphan's pension double to 35 % and the rent from the ascending and sibling together to 25 % of the salary taken into account in accordance with the letter d. Survivors' annuities cannot, in total, exceed 90 % of that wage;
D.
In art. 74, para. 2, and 78 of the above-mentioned Act 8 Is deemed to be a salary taken into consideration only the basic salary with the addition of the amounts to be reported to the Old Age and Survivor Insurance for the maintenance and accommodation, up to the maximum amount of the annual gain for Compulsory accident insurance.

II. Health Insurance

Art. 7 9

The benefits are as follows:

In the event of death:

Reimbursement of funeral expenses up to 600 francs. This amount is due to the shipowner to the extent that he has taken care of the funeral expenses.

In the event of temporary incapacity for work:

A daily allowance equal to 100 % of the daily gain taken into account in accordance with Art. 6, para. 2, let. D, for a maximum of 180 days.

In addition:

80 % of the cost of treatment up to a maximum of 8000 francs per case, however, the participation of a member of the crew does not, within these limits, exceed one-half of his monthly basic salary.

Art. 8

1 The insured person on board the ship shall be entitled to a daily allowance for the duration of his incapacity for work, and in proportion to that incapacity.

2 If the insured person is ashore, he is entitled to the full daily allowance also for the duration of a partial incapacity for work, unless he performs work against payment. In this case, the daily allowance is reduced in proportion to the degree of incapacity established by the doctor.

3 The duration and degree of incapacity for work shall be determined on the basis of a certificate issued by the captain, the attending physician or the company's doctor.

4 The daily allowance is paid for convalescent cures only if the company's doctor considers the cure necessary for the cure of the disease.

Art.

1 The costs of a doctor, medicine, hospital or other treatment up to the maximum amount set out in s. 7, and for one year from the beginning of the disease. The same is true of the artificial replacement costs of a limb (prosthetic costs).

2 In the event of hospitalization, the insured person has the right to be accommodated and maintained at the expense of the company, in a manner corresponding to his grade; during his stay in hospital, the daily allowance will be reduced by 80 % of the amounts to be reported at the hospital. Old Age and Survivor Insurance for Maintenance and Housing.

3 For dental treatment, only tooth extractions are supported.

C. Disaster obligations

Art. 10

1 In the case of an accident which is likely to result in the death of the insured person or a permanent disability, the captain is required to address immediately, in the form of minutes, a report on the facts to the Swiss consulate that can be reached on More quickly or, if this is not possible, to the port authorities that can be reached as quickly as possible, by making possible use of witnesses to the accident. This report shall provide information in accordance with the truth about the cause and circumstances, the location and timing of the accident, the nature and suspected consequences of the injuries, the activity of the insured at the time of the accident, and the name of the Persons who could still be cited as witnesses. A certified copy of this report should be sent immediately to the company.

2 In the event of death following an accident, whether it survives immediately or in the future, the company must be notified immediately by telegram. When the captain is aware of the death of the insured, it is up to him to notify the company telegraphically. Where survivors refuse or prevent an autopsy desired by the company, or the assistance of a medical adviser, the company is entitled to decline any benefit if, from a medical point of view, other causes of death, foreign to The accident, or the influence of disease or infirmity, is taken into account.

3 For accidents involving only temporary incapacity for work, as well as for diseases, the master will have to complete the claim form issued by the company by giving information on the facts (Minutes Signed by the captain or excerpt from the logbook) and ship it to the company upon arrival at the next port.

Art. 11

The insured person shall be required, on pain of lapse in the event of omission or refusal, to provide the company, within fourteen days, upon request in writing and indicating the consequences of the delay, any information on the disaster, the development As a result of the accident or illness, and the current and previous health status; it is also required to submit to the company's physician and, if a period of observation is required, to enter a hospital. It must, in addition, allow all doctors who have given it care during the disaster, or other accidents or illnesses, or during the medical examination of entry, to provide all the information required by the company on these cases.

Art. 12

1 If the insured person or, in his place, the master or his or her replacement are prevented from fulfilling the above obligations, they shall be the responsibility of the persons claiming entitlement to insurance benefits.

2 All communications to the company mentioned above may also be made to the policyholder, who undertakes to forward them immediately to the company.

D. Final provisions

Art. 13

If the company terminates the contract on the basis of s. 42 of the Federal Act of 2 April 1908 on the insurance contract 10 , its liability shall cease 14 days after it has notified the policyholder of the termination. If the ship is still at sea, the contract remains valid until the end of the voyage, that is, until the entry into the port of destination or in a relief port, in which case the emergency port is considered to be the port of Destination.

Art. 14

The company's communications to the insured or entitled persons are legally valid if they are sent to the last known address.

Art. 15

In the event of a dispute arising under this contract, only the Swiss courts shall have jurisdiction. In principle, the court of the company is at its principal place of business in Switzerland; moreover, the company acknowledges the jurisdiction of the courts of the Swiss domicile of the insured person or of the persons entitled, as well as of the Swiss domicile of the policyholder.

Art. 16

In addition, this contract is governed by the Federal Act of 2 April 1908 on the insurance contract 11 .


1 Update by ch. II al. 2 of the O of 20 Feb 2013, in force since 20 August 2013 ( RO 2013 813 ).
2 RO 1965 1027
3 RS 747.30
4 [RS 8 283; 1959 888, 1964 961, 1968 66, 1971 1461 hp. II art. 6 hp. 2 disp. End. And trans. Tit. X, 1977 2249 ch. I 611, 1978 1836 Annex c. 4, 1982 196 1676 Annex c. 1 2184 art. 114, 1990 1091, 1991 362 ch. II 412, 1992 288 Annex c. 37, 1995 511. RO 1995 1328 Annex c. 1]. See currently the PMQ of 20 March 1981 on accident insurance (RS 832.20 ).
5 Currently " Aux art. 16 and 17 of the PMQ of 20 March 1981 on accident insurance " (RS 832.20 ).
6 Currently " A l' art. 20 of the PMQ of 20 March 1981 on accident insurance " (RS 832.20 ).
7 Currently " Aux art. 28 to 33 of the PMQ of 20 March 1981 on accident insurance " (RS 832.20 ).
8 Currently " Aux art. 15 and 17 of the PMQ of 20 March 1981 on accident insurance " (RS 832.20 ).
9 New content according to the c. I of O du 10 Dec. 1973, effective from 1 Er Jan 1974 (RO) 1974 73).
10 RS 221.229.1
11 RS 221.229.1


Status on August 20, 2013

Annex IV 1

(art. 63)

Rules of York and Antwerp 1974

Adopted by the International Maritime Committee (Hamburg Conference 1974)

Interpretive Rule

In the Common Regulations, the following Rules preceded by letters and numbers shall apply to the exclusion of any law and practice incompatible with them.

With the exception of what is provided for in the numbered Rules, the common damage shall be settled in accordance with the Rules preceded by letters.

Rule A

There is an act of common damage when, and only when, intentionally and reasonably, an extraordinary sacrifice is made or an extraordinary expense incurred for the common salvation, in order to preserve the committed properties of a peril. In a common maritime adventure.

Rule B

The sacrifices and expenses of common damage will be borne by the various interests called upon to contribute on the basis set out below.

Rule C

Only damages, losses or expenses which are the direct consequence of the act of common damage shall be admitted in common damage.

The loss or damage suffered by the ship or cargo, as a result of delay, either during the journey or later, such as unemployment, and any indirect loss such as the difference of course, shall not be accepted in the future Common.

Rule D

Where the event giving rise to the sacrifice or the expense has been the consequence of a fault committed by one of the parties involved in the adventure, there shall be no less contribution, but without prejudice to the actions or defences May concern this part because of such misconduct.

Rule E

Evidence that a loss or expense must actually be accepted in the common sense is the responsibility of the person claiming the admission.

Rule F

Any additional expenditure incurred in substitution for another expenditure which would have been eligible for common damage shall be deemed to be common and accepted as such, irrespective of the economy which may have been carried out by other interests, but Only up to the amount of the common damage expenditure so avoided.

Rule G

The settlement of the common damage must be established, both for the estimation of losses and for the contribution, on the basis of the values at the time and place where the adventure ends.

This rule has no influence on the determination of the place where the regulation is to be established.

Rule I

Cargo Jet

No consignment of cargo shall be admitted in common damage unless the cargo has been transported in accordance with the accepted uses of the trade.

Rule II

Damage caused by jet and sacrifice for common salvation

Will be admitted in common damage to the damage caused to the ship and to the cargo, or to one of them, by a sacrifice or as a result of a sacrifice made for the common greeting, and by the water entering the hold by the open hatches or by any other Opening to operate a jet for the common salvation.

Rule III

Fire Extinction on Board

Will be admitted in common damage to the damage caused to the ship and to the cargo, or to any of them, by water or otherwise, including damage caused by submerging or scutting a burning vessel, with a view to extinguishing a fire on board; however, none Bonus shall not be made for damage caused by the smoke or heat of any cause.

Rule IV

Debris layer

The loss or damage suffered by cutting debris or parts of the vessel that have been removed or are effectively lost by accident will not be enhanced in common damage.

Rule V

Voluntary wilful

When a ship is intentionally put on the coast for the common greeting, whether or not it is to be drilled, the resulting loss or damage will be accepted in common damage.

Rule VI 2

Assistance

(a)
The expenses incurred by the parties engaged in the adventure and having the character of assistance, either under a contract or otherwise, shall be admitted in common damage, provided that the assistance operations have been carried out for the purpose of To protect the properties involved in the common maritime adventure.

Expenditure in common damage shall include any remuneration for assistance in the fixation of which the skill and efforts of assistants to prevent or limit damage to the environment, as set out in Art. 13, para. 1, let. B, of the 1989 International Convention on Assistance, were taken into account.

(b)
The special allowance payable to the assistant by the shipowner under the art. 14 of the said Convention, under the conditions indicated by s. 4 of this Article, or any other provision of similar scope, shall not be accepted in common damage.

Rule VII

Damage to machinery and boilers

The damage caused to any machine and boiler of a ship failed in a perilous position by the efforts made to replenish it, shall be admitted in common damage, when it is established that it makes the actual intention to refloat the vessel for the Common greeting at the risk of such damage; but when a ship is afloat, no loss or damage caused by the operation of the propulsion machinery and the boilers shall under any circumstances be accepted in common damage.

Rule VIII

Expenses to alleviate a ship's failure and damage resulting from this measure

When a ship is failed and the cargo, as well as the fuel and supplies of the ship, or one of them, are unloaded in circumstances such as this measure constitutes an act of common damage, the additional expenditure Relieving, leasing and, where applicable, reembarkation, as well as the resulting loss or damage, shall be admitted in common damage.

Rule IX

Ship's objects and supplies burned as fuel

The objects and supplies of the ship, or one of them, that it has been necessary to burn as a fuel for the common greeting in the case of peril, shall be admitted in common damage when, and only when, the ship has been filled with ample Fuel supply. However, the estimated quantity of fuel that would have been consumed, calculated at the current price at the last port of departure of the vessel and at the date of departure, will be credited to the common damage.

Rule X

Expenses at the port of refuge, etc.

(a)
When a ship enters a port or place of refuge or is returned to its port or place of loading as a result of an accident, sacrifice or other extraordinary circumstances which have made such a measure necessary for the common salvation, The expenditure incurred to enter this port or place shall be accepted in common damage; and, when it will be departed from all or part of its primitive cargo, the corresponding expenditure to leave that port or place which has been the consequence thereof Of this entry or return shall be admitted in common damage.

When a ship is in any port or place of refuge and is necessarily moved to another port or place because the distributions cannot be made at the first port or place, the provisions of this Rule shall apply to the The second port or location, as if it were a port or place of refuge, and the cost of travel, including interim repairs and towing, will be allowed in common damage.

The provisions of Rule XI shall apply to the extension of the journey occasioned by that displacement.

(b)
The cost of handling on board or unloading the cargo, fuel or supply, either at a port or at a place of loading, stopover or refuge, shall be admitted in common damage if the handling or unloading was Necessary for the common greeting or for the repair of damage to the ship caused by sacrifice or by accident if such repairs were necessary to permit the continuation of the voyage in safety, unless the damage to the ship is Discoveries in a port or place of loading or stopover without any accident or other circumstances Extraordinary in relation to these damage occurred during the course of the trip.

The cost of handling on board or unloading the cargo, fuel or supplies shall not be accepted in common condition if they have been incurred for the sole purpose of remeding the unstowage which occurred during the voyage, unless That is necessary for the common salvation.

(c)
All times the cost of handling or unloading the cargo, fuel or supply will be eligible in common condition, the costs of their shopping, including insurance if reasonably concluded, of Their reloading and stowage will also be accepted in common damage.

However, if the ship is condemned or does not continue its primitive voyage, the costs of shopping shall only be accepted in common damage until the date of the conviction of the ship or the abandonment of the voyage or until the date of completion of the Unloading of cargo in case of conviction of the ship or of abandonment of the voyage before that date.

Rule XI

Crew wages and maintenance and other expenses to reach the port of refuge, and in this harbour, etc.

(a)
The wages and maintenance costs of the master, the officers and the crew reasonably incurred, and the fuel and supplies consumed during the travel extension caused by the entry of the ship into a port of Or by way of return to the port or place of loading, must be admitted in common damage when the expenses to enter that port or place are admissible in common damage by application of Rule X, (a).
(b)
When a ship has entered or has been held in a port or place as a result of an accident, sacrifice or other extraordinary circumstances which have made it necessary for the common salvation, or to permit the distribution of the damage caused to the Ship by sacrifice or accident when the repair is necessary for the continuation of the safety voyage, the wages and maintenance costs of the master, officers and crew reasonably incurred during the additional capital period in That port or place until the ship is or should have been upgraded to continue its voyage, Will be accepted in common damage.

However, if damage to the ship is found in a port or place of loading or stopover without any accident or other extraordinary circumstance in connection with the damage occurred during the journey, then the wages and expenses Maintenance of the master, officers and crew, and the fuel and supplies consumed during the additional downtime for the repair of the damage thus discovered, shall not be accepted in common damage even if the Repair is necessary for the continuation of the safe journey.

When the ship is condemned or does not carry on its primitive voyage, the wages and maintenance costs of the captain, officers and crew and the fuel and supplies consumed shall be accepted in common damage until the date of the Conviction of the ship or the abandonment of the voyage or until the date of completion of the unloading of the cargo in the event of a conviction of the ship or of the abandonment of the voyage before that date.

Fuel and supplies consumed during the additional period of detention shall be admitted in common damage with the exception of fuel and supplies consumed by carrying out repairs that are not eligible for damage Common.

Shipping costs incurred during this additional period of detention shall likewise be admitted in common damage, with the exception of costs which are incurred only as a result of repairs, which are not admissible in common damage.

(c)
For the purposes of this rule as well as other rules, wages shall include payments made to, or for the benefit of, master, officer and crew, whether these payments are imposed on the shipowners by law or as a result of Terms and conditions of employment contracts.
(d)
When overtime is paid to the master, officer or crew for the maintenance of the ship or for repairs where the cost is not admissible in common damage, these additional hours shall not be accepted in common Up to the expenditure which has been avoided and which would have been incurred and accepted in common damage if the expenditure of these additional hours had not been exposed.

Rule XII

Damage caused to the cargo by unloading, etc.

The damage or loss suffered by the cargo, fuel or supplies in the handling, unloading, storage, reloading and stowage operations shall be admitted in common damage when the respective cost of such operations Will be admitted in common damage and in this case only.

Rule XIII

Deduction of cost of repairs

Repairs to be accepted in common damage will not be subject to deductions for difference from "old to old" when old equipment is, in whole or in part, replaced by new equipment, unless the ship is more than fifteen years old; in the same The deduction will be one-third.

Deductions shall be fixed according to the age of the ship from 31 December of the year of completion of the construction until the date of the common act of damage, except for insulators, lifeboats and the like, apparatus and equipment of Communications and navigation, machinery and boilers, for which deductions will be determined according to the age of the different parties to which they apply.

Deductions will be made only on the cost of the new equipment, or parts thereof, at the time it is machined and ready to be put in place in the ship.

No deduction will be made for supplies, consumables, anchors and chains.

The costs of dry dock, underwear and ship travel will be accepted in full.

The cost of cleaning, painting or coating the hull shall not be accepted in common damage unless the hull has been painted or coated in the twelve months preceding the date of the act of common damage; in such a case, such costs shall be allowed Half of them.

Rule XIV

Interim Repairs

When interim repairs are made to a ship, in a port of loading, stopover or refuge, for the common greeting or for damage caused by a sacrifice of common damage, the cost of such repairs will be enhanced in damage Common.

Where the interim repair of incidental damage is carried out in order to permit the completion of the voyage, the cost of such repairs shall be admitted in common damage, irrespective of the economy which may have been carried out by other interests, but Only to the extent of the economy on the expenditure that would have been incurred and accepted in common damage, if such repairs had not been carried out in that place.

No deduction for difference from "old to old" will be made of the cost of eligible interim repairs in common damage.

Rule XV

Loss of cargo

The loss of cargo resulting from a loss or damage suffered by the cargo shall be accepted in common damage, if it is caused by a common act of damage, unless such loss or damage is thus admitted.

Should be deducted from the amount of the gross freight lost, the expenses that the owner of that fact would have incurred in order to win it, but which he did not incur as a result of the sacrifice.

Rule XVI

Value to be admitted for lost or damaged cargo by sacrifice

The amount to be admitted in common damage for damage or loss of consigned cargo shall be the amount of the proven loss of this fact by taking the price at the time of unloading verified according to the commercial invoice given to the receiver or, In the absence of such an invoice, based on the embedded value. The price at the time of unloading will include the cost of insurance and freight, unless this cargo is not at risk of the cargo.

Where a good so damaged is sold and the amount of the damage has not been otherwise agreed, the loss to be admitted in common damage will be the difference between the net proceeds of sale and the net value in a healthy state, as it is Calculated in the first paragraph of this Rule.

Rule XVII

Contribution values

The contribution to the common damage will be determined on the actual net values of the properties at the end of the journey, except that the value of the cargo will be the price at the time of unloading verified according to the commercial invoice given to the receiver or, In the absence of such an invoice, based on the embedded value. The value of the cargo will include the cost of insurance and freight, unless this cargo is not at risk of the cargo, and is subject to loss or damage to the cargo before or during unloading. The value of the vessel shall be estimated without taking into account the added value resulting from the bare boat charter or the time it may be.

To these values will be added the amount allowed in common damage of the sacrificed properties, if not already included. The costs and wages of the crew, which would not have been incurred to earn the cargo if the vessel and the cargo were totally lost at the time of the act of common damage and which have not been incurred, will be deducted from the freight and the safe passage price. Was admitted into common damage. The value of the properties will also be deducted all the additional costs related thereto, subsequent to the event which gives opening to the common damage but only so that they will not have been admitted into common damage.

When a shipment is sold during the course of travel, it contributes to the net proceeds of sale increased by the amount allowed in common damage.

Passengers' luggage and personal effects for which no knowledge is established will not contribute to the common damage.

Rule XVIII

Vessel Avaries

The amount to be admitted in common damage for damage or loss suffered by the ship, its machinery and/or its apparals, as a result of a common act of damage, shall be as follows:

(a)
In the case of repair or replacement, the actual and reasonable cost of the repair or replacement of the damage or loss, subject to the deductions to be made under Rule XIII;
(b)
If not, the reasonable impairment resulting from such loss or loss up to the estimated cost of the repairs.

However, where there is a total loss or the cost of repairing the damage would exceed the value of the vessel once repaired, the amount to be admitted in common damage will be the difference between the estimated value of the vessel and the cost of the repairs. The value of the vessel in its condition of damage, the value of which may be determined by the net proceeds of sale, if any.

Rule XIX

Unreported or falsely reported goods

The loss or damage caused to the goods loaded without the knowledge of the shipowner or his agent, or to those who have been the subject of a deliberately false designation at the time of boarding, shall not be accepted in common damage, but these goods Will be required to contribute if they are saved.

The loss or damage to the goods that have been falsely reported at boarding for less than their actual value will be allowed on the basis of the declared value, but these goods will have to contribute to their actual value.

Rule XX

Fund advances

A two percent commission on common damage disbursements other than the wages and maintenance costs of the master, officers and crew and the fuel and supplies that have not been replaced during the trip will be Admitted in common damage, but where the funds have not been provided by one of the interests involved, the costs incurred to obtain the necessary funds, by means of a loan to the large or otherwise, as well as the loss incurred By the owners of the goods sold for this purpose shall be admitted in common damage.

The cost of insurance of advanced money to pay for common damage will also be accepted in common damage.

Rule XXI

Interest on allowable losses in common damage

Interest shall be allocated on expenditure, sacrifices and subsidies classified in common damage, at the rate of seven per cent per annum, up to the date of the settlement of the common damage, taking into account, however, the reimbursements that have been made in The interval between those who are called upon to contribute or taken from the pool of deposits of common damage.

Rule XXII

Treatment of cash deposits

Where cash deposits have been cashed as a guarantee of the contribution of the cargo to the common damage, to the cost of rescue or special costs, such deposits shall be paid, without any delay, to a special joint account with the names of a Designated representative for the shipowner and a designated representative for depositors in a bank approved by them two. The amount thus deposited increased, if any, of interest, shall be retained as security for the payment to the rightholders by reason of the common damage, the cost of rescue or special charges payable by the cargo and in view of which The deposits were made. Deposit payments or deposit refunds may be made with the written authorization of the dispachor. Such deposits, payments or refunds shall be made without prejudice to the final obligations of the parties.


1 Formerly Annex IX of the PMQ on maritime navigation (see RO 1993 2284).
2 Amended by the International Maritime Committee (Paris Conference 1990).


Status on August 20, 2013