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 order on shipping from November 20, 1956 (State August 20, 2013) the federal Council Swiss, view the art. 5, 11, 12, 20, 21, 23, 24, 26, 30, 33, 47, 50, 62, 63, 84, 122 and 124 of the Federal law of September 23, 1953 on maritime navigation under the Swiss flag (hereinafter 'law'); seen art. 66 of the Federal law of September 28, 1923, in the register of ships, stop: first chapter: organization I. Organization of authorities 1. Swiss Office of maritime art. 1. the federal Department of Foreign Affairs regulates the Organization of the Swiss maritime navigation Office; It determines the powers and duties of officers and employees of the office in accordance with the federal provisions on the status of officials.

New name according to art. 1 of the ACF of 23 April 1980 concerning the adaptation of the provisions of the federal law to the new names of the departments and offices (unpublished). This mod has been taken throughout the text.

2 Office of the register of ships Swiss art. 2. the Office of the register of ships Swiss management is entrusted to the Registrar of the land registry of the canton of Basel-City.
The Office of the register of ships Swiss is subject to the supervision of the federal Department of justice and police; This fixed in agreement with the federal Department of finance compensation allocated to the Registrar of the land registry of the canton of Basel-City.

New name according to art. 1 of the ACF of 23 April 1980 concerning the adaptation of the provisions of the federal law to the new names of the departments and offices (unpublished). This mod has been taken throughout the text.

3 consulates of Switzerland art. 3 within the meaning of the Act the term of consulate also applies to the embassies which are responsible for Consular Affairs; It covers the consulates general, consulates, and consular agencies. The term of "consul" applies to the head of the consular post or diplomatic mission or their agent.

New content according to chapter I of the O on June 29, 1977, in effect since August 1, 1977 (RO 1977 1338).

II. Civil law tasks art. 4. the federal Department of justice and police shall issue the necessary instructions to the exercise by the captain, civil law tasks vested him by art. 56 of the Act.

Chapter II: the Swiss ship I. Conditions for registration of ships Swiss and controls made by review bodies 1. General conditions art. 5. a ship is registered in the register of ships Swiss than if all of the conditions provided for by the law and by this order are met.

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

2.domicile or seat art. 5A must have their domicile or headquarters in Switzerland: a. the owner of a sole proprietorship; b. three-quarters at least partners or other beneficiaries of shares in a company, partnership, limited partnership or limited liability who have three quarters at least of the company's assets, to the limited partnership or of the social capital; c. the shareholders of a corporation or a company limited by shares , who have a majority, at least, of the share capital and at least two thirds of the votes; d. two-thirds at least of the partners of a cooperative society, which have at least two-thirds of the shares of the share capital at the same time.

3.nationalite and control art. 5b the natural persons referred to in art. 5a must be Swiss nationals.
If a commercial company or a corporation has an interest in the business of the Swiss owner of the ship as a partner, sponsor, shareholder and unitholder or she has rights to that undertaking as usufructuary or to another title, it must have a no doubt Swiss character by its partners, sponsors, shareholders, unit-holders or members by persons responsible for the administration, as well as by its financial means.
If maintaining the Swiss character of the company so requires, the Swiss maritime navigation Office may require that the shareholders or partners who provide the capital required of the company under art. 24 of the Act, be nationals Swiss domiciled in Switzerland or the commercial companies or legal persons in Swiss hands within the meaning of para. 2 4.Administration and management art. 5 c two-thirds at least of the members of the bodies of administration and management of a limited company, limited by shares, cooperative or limited liability must be Swiss nationals.
When one person is responsible for the administration or management, there must be domiciled in Switzerland. If one of these bodies has several members, the majority of the members of each of them must have their domicile in Switzerland.
If maintaining the Swiss character of the company so requires, the Swiss maritime navigation Office can require that other prominent personalities of a company domiciled in Switzerland Swiss nationals.

Financial 5.moyens art. 5 d the owner of the vessel must have own funds of at least 20% of the book value of the ships registered in his name. For each ship whose registration is required, the purchase price is considered to be first book value.
If own funds decrease as a result of losses, they must never be less than 8% of book value during the five annual exercises following the occurrence of loss; If exceptional circumstances warrant, the Swiss maritime navigation Office may extend this period of two years at most.
The Swiss maritime navigation Office may, for the acquisition of vessels, authorize capital remain below the requirements of para. 1 if there is reason to be optimistic that as part of the normal current of affairs, equity will again reach 20% of the book value over the next five years. However, the own funds should never stay below eight per cent of the book value.
The owner must prove, by providing a certificate of full funding, the origin of capital employed in his ship. Subject to the provisions of this article, the full funding of a Swiss ship by foreign funds is possible provided: a. that it is not so brought against the Swiss influence which must be able to practise on the company and the conduct of the vessel, etb. That foreign creditors be forced to accept the refund immediately of their funds at the request of the Swiss maritime navigation Office.

The owner must declare in writing that his company only covers or conceals any foreign influence.

6. art. 5th capital engaged in the business of the owner or the owner of a Swiss ship and grace which he exercises the maritime navigation under the Swiss flag will be specially identified in the balance sheet and in books; they can be passed among the common commitments.
The register of actions, in the case of a corporation, or the register of shares, in the case of a cooperative society, must indicate the name of shareholders or partners, their home, their nationality as well as nature and the importance of their participation.
Are considered equity in the sense of art. 24, al. 1, of the Act: a. in public limited companies, companies limited by shares, limited liability companies and cooperative societies;
1. the capital released (equity capital); 2. participation capital and assets of each shareholder, partner or unitholder, up to a maximum of the non paid-up capital;

b. in partnership and limited partnership companies: capital inflows and assets of the partners whose liability is unlimited, so that sponsorships paid; c. In companies to individual reason: own funds of the owner, engaged in the business; d. In all businesses: open reserves, including the postponement of benefits and allowances that are not intended to cover expenses for the current fiscal year.

Any loss is deducted from own funds.

7.organe revision art. 5F are recognized as bodies of review within the meaning of art. 26 of law companies in revision approved as experts-Auditors in accordance with the law of 16 December 2005 on the supervision of the revision.
The tasks of the review body are derived from art. 728a of the code of obligations. The Auditors also examines if the company covers or conceals a foreign influence.
Moreover, the provisions of the code of obligations applicable to public limited companies reviewing apply by analogy.
The federal Department of Foreign Affairs may exclude some or all Swiss navigation companies control a review company which contravenes the requirements of the present order.

New content according to section II 6 of the appendix to the O of 22 August 2007 on the monitoring of the revision in effect since Sept. 1. 2007 (2007 3989 RO).
RS 221.302 RS 220 7 a. Reservation to subsequent amendments art. 5g


If the owner of a ship no longer meets the conditions for registration of Swiss vessels following a change to the provisions of this order, the provisions of the art. 27 to 29 of the Act apply.

8 shipowner non owner art. 6. If the shipowner is not the owner of the ship, the Swiss maritime navigation Office checks if it satisfies the legal conditions for the Swiss shipowner. The owner may, however, as the owner, for each fiscal year a report of review of an institution of recognized review, whereby cases there is not place for examination by the office.

9.requete of registration art. 7. the request for registration of a ship in the register of ships Swiss shall state: a. the name, business name and seat of the owner; b. The approved name of the ship, its identification measures and its tonnage or its gauge; c. The type of building, its main destination, the building material and the means of propulsion; d. The constructor of the ship and the date and place of construction; e. Applicable, the previous ship Pavilion and owner.

At the support of its application, the owner must: a. produce the consistent statement, admission to the navigation and the approval of the name, issued for the ship to be saved by the Swiss maritime navigation Office, as well as the title of property; b. establish that the ship, if it had been registered previously in another State, has been struck off the register of that State or the radiation effect registration in Switzerland; c. declare in writing that he doesn't not required and does not request registration of the ship in the register of another State; (d) establish that the ship is encumbered no right of lien conventional or, if he is charged, the pledgee agrees to ensure that its claim is entered in the register of Swiss ships, in Swiss francs, and subject to Swiss law and If he is a foreigner, prove that the constitution of the right of pledge is admitted in accordance with art. 5 d, al. 4. the owner is obliged to wear, without delay, any change of the facts listed above to the attention of the Office of the register of Swiss ships, which will inform the Swiss maritime navigation Office.

II. Classification of ships art. 8. the Swiss ships must have the highest rating of a classification society recognized by the Swiss maritime navigation Office.
Are reserved the airworthiness certificates for single trips.

III. arms of ships and safety regulations 1. Application of international agreements art. 9. the following international conventions apply in their most recent content to Swiss ships, their arms and their safety, for the protection 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 on load lines; b. November 1, 1974 International Convention and Protocol of 17 February 1978 for the safeguard of human life in sea; c. 20 October 1972 on the settlement Convention international for prevention of collision at sea; d. the radio regulations annexed to the International Telecommunication on November 6, 1982; e. International Convention of 2 November 1973 for the prevention of pollution by ships within the meaning of the Protocol of 17 February 1978; f. International Convention on July 7, 1978, on the standards of training of seafarers licensing of patents and Eve; g. International Convention of 30 November 1990 on the preparation, control and cooperation in the field of oil pollution; h. Convention of maritime labour of 23 February 2006 on employment conditions in the navigation on the high seas.

The provisions of the international conventions referred to in para. 1 also apply to ships Swiss of less than 500 gross t; However, the Swiss maritime navigation Office may, in special cases, grant these ships to the waivers as a necessary safety and safety of human life at sea are insured.
It is not allowed to immerse in the sea of radioactive waste from the edge of the Swiss ships.
Are reserved to the company of PTT requirements installation and operating devices of radiotelegraphy and radiotelephony in ships in accordance with the international convention on November 1, 1974 and the Protocol of 17 February 1978 to safeguard human life at sea.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1966 (1966 1525 RO).
RS RS RS RS RS 0.784.16 0.747.363.321 0.747.363.331 0.747.363.33 0.747.305.411. Only the c 422. by. 1 and 725 by. the R of the radio 1 have been published in the RO (RS 0.784.403.1).
RS 0.814.288.2 RS 0.747.341.2 introduced by the I of O ch. Dec. 9. 1996, in force since Feb. 1. 1997 (RO 1997-151).
FF 1995 IV 270 set by section I of the Feb 20 O. 2013, in force since August 20, 2013 (RO 2013 813).
RS 0.822.81 new content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
New name according to point 1 of the appendix to the Act of 21 June 1991 on telecommunications, in force since May 1, 1992 (RO 1992 581). This mod has been taken throughout the text.
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

2. competent authority and control art. 10 when a declared international agreement refers to jurisdiction or to the powers of the Government or the State administration in the registers for which the ship is registered, the competent authority for the Swiss ship is the Swiss maritime navigation Office. Are reserved the powers of the company of PTT relatively to the facilities of radiotelegraphy and radiotelephony.
When a declared international agreement requires the possession of certificates, there is place to check the regularity of their content within the prescribed time.

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

3. means of loading art. 11. the means of loading of a Swiss ship must meet the requirements of a control organization recognized for this purpose in maritime navigation and which take into account the provisions of convention no 32 of the international organization of work concerning the protection of workers engaged in the loading and unloading of ships against accidents (revised 1932).
Periodic inspections of the means of loading must be performed in accordance with the requirements of the organisation of control recognized and taking into account the provisions of the above-mentioned convention. The captain of the Swiss ship must also proceed once a year at least to the revision and perfection of all the means of loading.
The result of the inspections and revisions shall be recorded in a book specially opened for these controls. Certificates and control book must always be kept on board.

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

IV. Composition of the crew art. 12. the number of the crew of a Swiss ship must, by the number and the qualifications, and in view of the practices in force in the maritime navigation, be sufficient to ensure that the safety of the ship and of navigation and the protection of life at sea are insured, so that the ship can be well-ordered that the working time regulations can be met, and all overwork of the crew by additional hours of work to the extent possible be avoided.
2. the Swiss Office of maritime navigation, in implementation of the resolutions of the international organization of the maritime navigation and after heard stakeholders, decides the minimum strength of the crew and then issues a certificate.

New content according to section i. Dec 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

V. 1 crew housing. Application of international agreements art. 13 repealed by no I of O on Feb 20. 2013, with effect from August 20, 2013 (RO 2013 813).

2. powers of the authority art. 14. Turning to the ships built and completed before the year 1953, but already registered, as well as ships of less than 500 gross tons, the Swiss maritime navigation Office can in each particular case, after hearing the interested circles and given the circumstances, order the changes that seem reasonable and feasible as well as the adaptation of the ship to the requirements of the international convention on June 18, 1949, for the accommodation of the crew on board.

Annex II of this order.

Chapter III. The reference and annotation of the rental of the ship and Charter art. 15. the mention of the ship rental under art. 93 of the Act is made for ships as for inland navigation vessels in the column titled "reference" to the Folio of ledger; the date and the tenant (owner) are shown.

The mention of the rental is made without there was held in special justification on written of the owner and the tenant's request or at the request of one of them for justification. Justification to provide is in the production of the original or a legalized copy of the rental contract that contains the authorization for the entry of the mention. For ships, the mention of the rental is also conditional on production of a certificate of the Swiss maritime navigation Office, establishing that the tenant is Swiss shipowner.
The mention is removed upon written request of the owner and the tenant. If the rental contract came to expiration, the tenant and the landlord may each require other than this consent to the removal of the reference. The tenant has even this right when the owner gave up the reference.
The art. 81 and 82 of the order of 23 September 2011 in the land register apply by analogy to the annotation of a lease in accordance with art. 92, al. 4, and a Charter in accordance with art. 94, al. 3, of the Act.

RS 211.432.1 introduced by chapter I of the ACF on nov 4. 1966 (1966 1525 RO). New content according to section 4 of the annex to the O Sept. 23. 2011 in the land register, in effect since Jan. 1. 2012 (1911 4659 RO).

Chapter IV. Regulation of work in sea i. work of the young art. 16. the master must, by the sailors of less than 18 years on the role of the crew, particularly include their date of birth.
People under 16 years cannot be used on a Swiss ship.


New content according to chapter I of the Feb 20 O. 2013, in force since August 20, 2013 (RO 2013 813).
Repealed by no I of O Dec. 22. 1988, with effect from Feb. 1. 1989 (1989 220 RO).

II. review medical 1. Physical fitness certificate art. 17. no person shall be engaged a vessel Swiss if it presents a medical certificate attesting that he is fit for work who will be responsible and that it is free of any disease that could endanger other people who are on board. The certificate must be established by a doctor independent and recognized in the country where the examination is held.
The terms of the medical examination must meet the requirements of the certificate of fitness formula, published by the Swiss maritime navigation Office. The Office of maritime navigation may exceptionally allow derogations to certain minimum requirements laid down in the certificate of fitness, when it is not necessary to meet to perform a function on board.
The first medical examination should take place before the first enlistment a Swiss ship.

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

2. reviews periodicals art. 18. each sailor must undergo a new medical examination every two years at least. Young people of less than 18 years of age must undergo this examination each year.

In addition, a new medical examination meets the circumstances must take place when a sailor suffered serious illness or a serious accident, or when his behavior on board gives reason to suppose that his abilities Visual, auditory or distinction of the colors fell.

New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
Repealed by no I of O Dec. 22. 1988, with effect from Feb. 1. 1989 (1989 220 RO).

3 exceptions and exams at the expense of the person concerned art. 19. in case of emergency, the Consulate of Switzerland or, if this is not available, the local authority may authorize the recruitment of a sailor without prior medical examination to the reserve be asked to the first port where the vessel will call.
If, after examination, certificate of physical fitness is denied to the sailor, it may ask to submit at its expense to a new review by one or more independent doctors.

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

III. capacity certificates 1. Issuance and conditions art. 20. when the conditions are met, the Swiss Office of maritime navigation issues certificates of capacity to the captains and the deck officers and engineer officers, to people working in the operation of boats and liferafts team as well as those performing the service of quarter; the company of PTT does the same for wireless operators of the edge.
Swiss ability certificates may also be issued to foreign nationals employed on board a Swiss ship, when they must possess such documents for the exercise of their activity on board.
Who wants to get a certificate of Swiss capacity must establish that it has reached the maximum age set, he managed the review and that he served on a ship for the duration of the prescribed navigation. The requirements apply only to the adventure in the long-term. For more limited routes, the Swiss maritime navigation Office fixed in each case in view of the provisions in force in the country of vocational training, the less stringent requirements that must be met.
In motivated cases, the Swiss maritime navigation Office may issue a limited validity provisional certificate. In so doing, it takes into account the provisions of the applicable international conventions.

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

2. minimum age and review s. 21. the minimum age is 23 years for the captain and the first engineer officer, 21 for the first officer of the bridge and the second engineer officer and 20 years for all other officers of the bridge and the machines, as well as services for wireless operators.
Examination for each grade must be spent in a school of maritime navigation recognized by the Swiss Office of maritime navigation, this review then being key requirements of this school. For wireless operators and their assistants, the review went with the company of PTT.
The third and the fourth engineer officers are not required to pass an examination; However they must justify: a. on the ground of a proper learning achievement; b. A recommendation of the shipowner as their skills; c. Participation in an accredited practical course of fire fighting.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

3. duration of prescribed navigation art. 22. navigation on a ship of sea required for obtaining a certificate of ability is determined by the requirements of the country where the examination is passed. If such a review includes several ranks for officers of the bridge, the minimum duration of navigation will be however:-for the capacity of master certificate: one year as the first mate or two years as second officer; - for the certificate of ability to Prime the deck officer: one year as third officer of the bridge making the service quarter; - for the certificate of capacity of second officer of the bridge : four years in the bridge staff, including one year at least as qualified sailor, or one year and a half of service on the bridge as an aspiring officer or third officer; - for the certificate of capacity of third officer of the bridge: two and a half years of service personnel of the bridge including a year as qualified sailor or one year of service on the bridge as an aspiring officer.

For engineer officers, the country of vocational training or examination requirements are applicable to the service workshop and required navigation. However, the third officer must have worked at least a year as fourth officer and this one at least a year as an Assistant mechanic on a ship.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

IV. hours of work on Board 1. Normal duration.

a. sailors on watch on the bridge, the machines and the radiotelegraphic service article 23. the normal working hours of the officers and sailors of the service bridge, the service of the machines and the radiotelegraphic service who are of shift is eight hours a day at sea and the days of departure and arrival, Sundays and holidays included. The new year, good Friday, on Monday of Easter, Ascension, Pentecost Monday, Christmas day and boxing day are considered legal holidays at sea and in ports.

Working days performed at sea Sunday and legal holidays should be offset by as many days off in a port, according to the captain. If this compensation is not possible due to time constraints or other compelling reasons, each day off right granted must be replaced by an allowance in the amount of one-thirtieth of the agreed monthly basic salary, allowance of housing and food excluded.
In the port and Harbour, the normal hours of work of the officers and sailors of the service bridge, the service of the machines and the radiotelegraphic service is eight hours per day from Monday to Friday and five hours Saturday.
Services of piquet at the port and Harbour on Sunday and public holidays, and during the night, must be offset by leave of the same duration or the payment of compensation fixed in the employment contract.
In the port and Harbour, daycare on Sundays and public holidays must be compensated by the payment of overtime; is also deemed overtime daycare at night beyond the normal hours of work, according to para. 3. new content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).
Introduced by chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

b. seamen who are not art quarter. 24. the normal working hours of the officers and sailors of the service bridge and the machines are not quarter is at sea as well as the days of departure and arrival of eight hours per day from Monday to Friday, from six hours Saturday and two hours on Sundays and public holidays.
Sundays and public holidays at sea not entitle to any leave compensation or no compensation.
In the port and Harbour, the normal hours of work is eight hours per day from Monday to Friday and five hours Saturday.
Services of piquet or guard at the port and stranded Sunday and public holidays, and during the night, are regulated by the provisions of art. 23, al. 4 and 5.

Introduced by chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

c. General services article sailors 25. the normal duration of work in General Service is nine hours a day both days than Sunday and public holidays, and so if the ship is at sea if it is at the port or in the Bay. However, on Sundays and public holidays, necessary work must, as a general rule, be limited to the service and supply of the crew and any passengers.
For the work provided Sunday, marin General Service is entitled to at least two days off per month. There, in addition, right to a day off for the work provided each legal holiday.
Days off are granted in a port according to the captain. If these leaves are impossible due to lack of time or for other compelling reasons, each day off right granted must be replaced by an allowance in the amount of one-thirtieth of the agreed monthly basic salary, allowance of housing and food excluded.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

2 distribution of the work on board a. At sea and the days of departure and arrival art. 26. the service of the officers and sailors of the service bridge and machines is, at sea and in the long course, distributed every day in three shifts.
In great cabotage, aboard the ships don't of over 1,000 gross t where the little place does not accommodate three teams of quarter, the service can be divided into two shifts only. On all ships in great cabotage as well as vessels of not more than 4000 raw t, regardless of the captain trips can be incorporated at the service of quarter. Are deemed great cabotage navigation between all the ports of Europe, the Mediterranean and the Black Sea, as well as similar routes in the vicinity of overseas.
Sailors who are not distributed in the quarter as well as seamen in the General Service provide at sea their hours of work within a period of thirteen consecutive hours.
Wireless operators are we sea of daily services from eight hours in accordance with the radio regulations annexed to the international convention of 6 November 1982 telecommunications. The Swiss maritime navigation Office may, after hearing the interested circles, release them on the watch when the ship is equipped with additional automatic telegraph devices. Once completed the possible work of maintenance or repair of electronic devices, they may be affected by the captain to writing works or other administrative work.

New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
RS 0.784.16. Only the c 422. by. 1 and 725 by. the R of the radio 1 have been published in the RO (RS 0.784.403.1).
New content according to section i. Dec 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

b. at the port and roadstead art. 27 in the port and Harbour, all members of the crew work, as a general rule, at the same time between 6 a.m. and 6 hours in the evening, with the exception of General Service staff, whose work is distributed according to the particular circumstances.
Wireless operators may in the port and Harbour be affected by the captain to writing works or other administrative work upon completion of maintenance or repair of wireless devices work or other work on their service, and only within the limit of the duration of their remaining work available.

c. work of the young art. 28. people under 18 years cannot be assigned to night work, night of 9 o'clock in the evening to 6 o'clock in the morning.

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

3. distribution of the work by the art captain. 29 when this order does not provide the rule to follow, the captain decides the distribution and the length of the work.

4. additional work.

a. duty of overtime art. 30. in some cases, particularly when required in the interest of the vessel, cargo or persons on board, the captain can extend the duration of the work. Officers and sailors have the duty to provide the additional work requested of them by the captain.
Additional work must be avoided to the extent possible and should, as a general rule, not exceed four hours per day; each sailor must have 10 hours of rest, including six straight hours, twenty-four hour period.

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

b. duty to indemnify art. 31. labour provided outside the normal hours of work is deemed extra work and gives the right to the indemnity provided for in art. 73 of the Act.
Even ordered by the captain outside the normal hours of work, the following works are not considered additional work and do not qualify for compensation: - necessary emergency work for the safety of the ship, cargo and persons on board, - efforts to rescue and save ships or people in danger of being lost at sea; - calls and the exercises required of extinction of fire or rescue boats as well as all other similar exercises made in accordance of the provisions and the procedures in force for the protection of human life at sea; - the additional work required by Customs and by observation of quarantines or other requirements of health policy; - the work of officers to determine current and necessary to the position of the vessel as well as for weather observations - the time required for the normal rotation of shifts; - the personal work of every sailor for the maintenance and care of its housing, clothes and its own effects.

For sailors, the contract of employment may provide a lump sum for the extra work. The increased workload within the meaning of art. 75, al. 1, of the Act does not fall under this provision.
The salary that is distributed within the meaning of art. 75, al. 1, of the Act, or which is used for the calculation of compensation for acts of assistance and rescue to the senses of the art. 75, al. 2, is the exclusion of any other compensation base salary.

New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
Introduced by chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).
Introduced by chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

V. food of sailors on Board 1. Facilities and equipment art. 32. all Swiss ship must have a kitchen installed and equipped appropriately, clean and large enough, as well as stores and refrigerated facilities.

All Swiss ship must have on board, for the preparation of the food for the crew, an experienced professional Cook; If the crew has more than 25 people, a Cook must be engaged.
The shipowner must make available to all members of the crew aboard utensils and table services. Each sailor has an obligation to take care of the equipment thus placed at its disposal; in case of loss or damage caused by his fault, he must repair to the shipowner.

2. supply of the ship art. 33. the shipowner and captain are required for backup and the health and the well-being of the crew and given the duration and the nature of the trip, make sure that the Swiss ship be supplied with enough fresh and healthy food, as well as fresh drinking water. Appropriate premises and facilities must allow the guard and the good conservation on these foodstuffs and drinking water.

3. type and amount of food article 34. each sailor on Board gets its food. This food needs, as long as it meets the uses and proprieties of marine navigation, be the same for all members of the crew.
Food should, in view of the downsizing of the crew, the nature and the duration of the trip, weather conditions as well as the nationality of the sailors, be sufficient and appropriate by its quantity, its nutritional value and its variety. It must be good and prepared expertly.
Each sailor receives three meals a day: breakfast, lunch, and a dinner at the usual hours. In case of night work, a corresponding extra food and, if there is place, hot must be offered.

4. control of power supply art. 35. the Cook of the ship or another sailor designated by the captain must each day record of gender and the composition of the meal as well as possible additional power supply for the purposes of control.
The captain or one another sailor designated by him shall keep a record of quality and quantity of different foodstuffs available each month or each trip to the members of the crew. This statement must be signed by the captain as well as the sailor who drew them up.
The thus established will be, on request, subject to inspection of the Swiss maritime navigation Office.
The captain has an obligation, once a week at least, to inspect the State of the kitchen, stores and local refrigerated facilities and equipment intended for the supply of the crew; He must monitor the preparation of food. Any defect must immediately be corrected. If the captain is not able to do so, he must immediately inform the shipowner, which must immediately take the necessary measures.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

5 events extraordinary art. 36 if the hard trip more long than expected or if extraordinary events occur, the captain is responsible for adapting the food to the circumstances and, if there is place, the limit so that the well-being of all members of the crew may as far as possible be assured until the arrival at the next port.
The captain will record in the book the reason why he used this skill and what he ordered.

VI. complaints of marine art. 37 complaints from sailors to the inadequacies of housing and food, to comply with the requirements on minimum age, on medical examination, on the distribution of work, duration and additional work, must be given in writing to the captain. The captain must report any complaint made to him on the log book and indicate what measures of inquiry or relief he has taken.
Marin may also address his complaint directly at the Swiss maritime navigation Office, including if it believes that neither the master nor the owner took the necessary corrective measures.
In case of violation of the provisions of the Convention of the maritime work of 23 February 2006 on employment conditions in the navigation on the high seas, the sailor can complain directly to the competent official of the authority of the port where the ship was. In such cases, the organizations of employees and employers concerned can request mutual legal assistance referred to in art. 59, al. 3, of the Federal law of September 23, 1953 on maritime navigation under the Swiss flag.

New content according to chapter I of the Feb 20 O. 2013, in force since August 20, 2013 (RO 2013 813).
RS 0.822.81 RS 747.30 introduced by section I of the Feb. 20 O. 2013, in force since August 20, 2013 (RO 2013 813).

VII. right of seafarers to the vacation 1. Scope of the right to holiday art. 38. the minimum right to paid holidays is determined according to art. 329a of the code of obligations.

New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
RS 220 2. Performance arts. 39. on Sundays and non-working holidays cannot be considered as holidays, nor the work interruptions caused by disease or accident.
Holiday must be granted to the sailor in a port in the country where it was drafted or where he was born, or in the country where he has his domicile or which is closest to his country of origin or domicile; the most favorable port for the sailor must be chosen, unless the sailor said specifically accept an alternative.
The holidays are continuous; If there is good cause for the service object, they can however be granted in more than two times, or be deferred in whole or in part on the following year. Exceptionally and in extraordinary circumstances, the right to holidays can be satisfied by the payment of compensation on the condition that the sailor remains in the service of the shipowner and consents.
The fixed captain, in agreement with the shipowner, the start of the holiday. There are taken into account equally the desires and interests of the sailor.

3. payment of wages and allowances art. 40 for the duration of the holiday, including Sundays and legal holidays that fall during this period, the sailor is entitled to payment of the agreed salary, excluding allowances for additional and other work, as well as a proper food allowance. If there is a holiday entitlement at the time of the termination of the contract of employment, equal pay and the same compensation of food it will be paid for vacation days that he will not have received.
If it is not otherwise arranged in the employment contract, the daily food allowance is equivalent to the amount per day of living, for the calculation of income in kind, as it is fixed for contributions paid to pension insurance and survivors Switzerland by persons classified in non-agricultural trades. Food allowance must be paid before the beginning of the holiday.
The vacation entitlement accumulated at the time of the loss of the ship then of sinking cannot be counted against the effective unemployment period during which the crew has the right to unemployment compensation, according to art. 86 of the Act. Compensation of unemployment then sinking, expected to art. 86 of the Act, is equivalent to the base salary increased food allowance.

Introduced by chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

VIII. health and accident 1. Insurers art. 41. insurance against illness and the workplace must be concluded with an insurance company authorized by the federal Department of justice and police to operate in Switzerland. If the owner of a Swiss ship instituted its own HMO for its staff, and this Fund has been recognized in accordance with the Federal Act of 18 March 1994 on health insurance, this Fund must be admitted to practice the insurance provided by this order.
Any owner of a Swiss ship must send a copy of the insurance contract to the Swiss maritime navigation Office. Before giving approval, this office will consult with the federal financial market supervisory authority or, where appropriate, the federal Office of public health. Insurance companies are required to inform the Swiss Office of maritime navigation, by registered letter, of the information or the expiry of the contract.

RS 832.10 new content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1).
The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1).

2. minimum benefits; contract type art. 42. the federal Council shall determine in a standard contract, after taking the opinion of interested circles, the minimum benefits and retail prescriptions to which the insurance contract must conform to bring the owner up to the compulsory insurance under art. 84, al. 3, of the Act; the contract type is attached to the order and deemed an integral part of it.

Insurance will be charged to those that the policyholder is eventually required to pay.

Annex III of this order.

3 accidents professional art. 43 are deemed professional accidents all accidents suffered by the insured during the performance of his service. Accidents that occurred on the ship, or when the traffic by boat from one ship to the other or the ship to Earth and back, are in all cases known accidents.

4....

Chapter I. Limitation of liability of the carrier article responsibility V.Montants 44 under art. 105, al. 3, of the Act, the liability of the carrier is limited to: a. 666.67 units of account per package or per unit of transport; b. 2 units of account per kilogram of gross weight of the goods.

The unit of account is defined by the international monetary fund special drawing rights. The conversion into the national currency is the day of judgement or at a date fixed by mutual agreement by the parties.
In the field of navigation on the Rhine, the liability of the carrier in the case of the al. 1, let. b, is limited to a unit of account.

Formerly preceding chapter V.

II....

Art. 44 was repealed by no I of O on Sept. 3. 1997, with effect from Nov. 1. 1997 (RO 1997 2186).

Chapter VI. Procedural provisions of Section I. Of the limitation of liability for constitution of a limitation fund I. opening of procedure 1. Request and order of judge art. 45. the shipowner of a ship to sea or a boat for inland navigation which, under art. 49, al. 1, or 126, al. 2, of the Act, intends to limit its liability by establishing one or more fund limitation, application to the judge the opening of the procedure and shall communicate the amount of the limitation fund to be provided, as well as creditors for which it intends to avail itself of the limitation of liability; It indicates the cause and the amount of their claims.
If it is rendered probable that the conditions for a limitation of liability are met, the judge immediately ordered the opening of the procedure, fixed deadlines in which the limitation fund should be set up, means the creditors whose claims, according to the application, must be included in the procedures and appoint a Commissioner. The judge may at any time revoke and replace this Commissioner.
If several limitation fund should be set up, the following provisions apply to each limitation fund.
The owner bears the costs of the proceedings, including those relating to the Commissioner.

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

2. effects of the opening of the proceedings art. 46. from the date of the request of the shipowner and up to the fence or the termination of proceedings, there may be no requisition or continuation of the pursuit for the claims included in the procedure. Civil actions as well as the current enforcement measures are suspended during the same period.
Limitation and expiry times are similarly suspended until the close or the termination of proceedings.
Once made up of limitation and advanced funds the costs of proceedings, receivers and seized operated because of claims included in the procedure are up Office provided that no achievement has yet been held.

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

3. Commissioner art. 47. the Commissioner address communications and necessary warnings, lists for each limitation fund the scheme of collocation and the table of distribution to creditors and distributes responsibility between creditors amounts.
Decisions of the Commissioner may be the object of a complaint with the supervisory authority within ten days as soon as one where the complainant had knowledge; the art. 17 and following of the Federal law on debt collection and bankruptcy are applicable.
The communications and summons addressed by the Commissioner to the creditors are by registered letter. If the home of a creditor is not known or cannot be reached by mail, a notification is made by the Swiss Official Journal of commerce as well as, as appropriate, by some foreign media of publication. If a creditor resides abroad at an unknown address, the Commissioner carries the notification published in the knowledge of the diplomatic or consular of the interested country representation.

New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
RS 281.1 4. Communications to creditors art. 48. the order saying the opening of the proceedings is communicated by the Commissioner to all creditors whose claims are included in the procedure. The Commissioner tells them that opening date.
Communication or public notification of the Commissioner must contain: a. the name and the domicile of the owner, as well as the name, the nationality and the place of registration of the ship; b. The figure and the method of calculation of the limitation fund, as well as date and the modality of their constitution; c. The event or travel refer to the claims of creditors; d. The amount of the claim of each creditor according to the request of the shipowner; e. An indication that each creditor may, within sixty days from the delivery of communication at the post office or from the publication of the notification in the official Swiss trade journal, introduce against the shipowner a request to provide the higher limitation fund request, failing which the limitation established by the shipowner Fund will be deemed accepted; f. The summons to creditors to have, within the same period, to speak on those of their claims that the shipowner has included in the procedure, otherwise the amount indicated by the shipowner will be subject to the procedure; g. The reminder of the expiration rules contained in art. 49 and 52 of the present order; h. The name and address of the Commissioner.

At the request of the shipowner, the Commissioner must also, in a public notification, indicate to creditors unknown to the shipowner or non-designated by him, those of their claims that are supposed to be met on a limitation fund should be announced within the period specified in para. 2, let. e, and accompanied by the means of evidence.

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

II. determination of the limitation fund 1. Fixation by the judge at the request of the creditor art. 49 within a period of sixty days from delivery to the post office of the Commissioner's communication announcing the opening of the procedure or, if no communication was made, upon publication of the notification in the official Swiss trade journal, the creditor whose debt is included in the proceedings can ask the judge to set a limitation fund higher than the funds established by the shipowner otherwise, these funds shall be deemed accepted.
If the creditor who filed this lawsuit is successful, the additional amount of the limitation fund him benefits up to a maximum of its debt increased his costs of the action. Any surplus benefit to the other creditors. If several creditors brought the action jointly, obtained supplement is distributed, unless otherwise agreed, proportionally to the announced debt.
If the judge sets a higher limitation fund, he shows at the same time the mode and time of its constitution.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

2. mode of the constitution and of the calculation of the limitation fund art. 50. He who hears constitute a limitation fund must record the amount with the cantonal Agency of deposit designated by the order of the judge, so that there is interest. Instead of a cash deposit, the judge may order, in favour of the Court, 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, for good cause, extend the time for the constitution of a limitation fund.
If a limitation fund is fixed in Franconia, in units of account or in foreign currency, it is converted into Swiss francs on the day of the constitution of the Fund.
If the foreign law standards limit the liability of the shipowner to the value of the ship, or the ship itself, the value of the ship must be determined for the procedure in Switzerland and its amount must be deposited.

New content according to section i. Dec 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

New content according to section i. Dec 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

3. right to the limitation fund art. 51. a limitation fund constituted by the shipowner cannot be seized or sequestered because of other claims which cannot be met from the Fund.
The fact that the shipowner goes bankrupt after the constitution of a limitation fund, or it introduces a bankruptcy procedure, does not alter the course of the procedure of limitation of liability.

New content according to section i. Dec 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

III. audit of claims 1. Statement of creditors art. 52. any creditor whose claim is submitted by the shipowner to the procedure must, if he intends to make a claim for a higher amount, or if he intends to withdraw all or part of the claim announced by the shipowner, make a declaration to the Commissioner within the 60 days period provided for in art. 49. If the creditor doesn't have a written statement within this period, the claim is subject to the procedure for the amount indicated by the shipowner.
Claims announced by creditors under art. 48, al. 3, are subject to the same procedure as those announced by the shipowner, insofar as the latter does not opposition within 30 days from the communication of the Commissioner.
The creditor whose debt is subject to the procedure is not private by there of the right to claim no limited liability that incurs the shipowner own fault.

Introduced by section I of O Dec. 22. 1988, in force since Feb. 1. 1989 (1989 220 RO).
Formerly al. 3. new content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1966 (1966 1525 RO).

2 eligibility and calculation of claims art. 53. claims to meet on each limitation fund become due on the day of their constitution. Interests cease to run from that date.
Receivables denominated in foreign currency are converted into Swiss francs on the day of the opening of the procedure.

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

3 collocation of claims art. 54. for each limitation fund, are admitted in the State of collocation as claims to satisfy on the Fund, in accordance with the procedure laid down in art. 52. claims are colloquées according to the provisions of the applicable international conventions to which refers art. 49 of the Act.
The scheme of collocation must be filed for 60 days with the tribunal, where it can be accessed. The Commissioner announced this deposit by a Swiss trade publication in the official journal; copy of the scheme of collocation communicate to each creditor by indicating the date of its filing with the tribunal.

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

4 opposition art. 55. the creditor who intends to dismiss the claim of another creditor or oppose its participation in the scheme of collocation, must bring his action against this other creditor within sixty days from the filing of the scheme of collocation.
If the applicant is successful, the amount is reduced the Defender on a Fund's dividend is used to satisfy the applicant to a maximum of the total of its debt increased his costs of the action. Any surplus benefit to the other creditors. If several creditors brought the action jointly, art. 49, al. 2, 2 sentence, shall apply by analogy.
If the creditor claims to establish that the contested claim is not subject to the limitation of liability or cannot be collocated on the same limitation fund, the shipowner may intervene in the cause.
The judgment obtained binds the shipowner as well as all creditors included in the limitation proceedings.

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

5 claims withdrawn or unannounced art. 56. If a creditor has withdrawn all or part of the claim announced by the shipowner, or else if he recognized the merits of the claim of another creditor within the meaning of art without the consent of the owner. 55, al. 3, the shipowner may oppose any new evocation of the removed claim the fact that she was subject to the limitation of liability and that she should have to be produced during the procedure. If the shipowner is successful on this point, the right of the creditor is out of date.
Claims that the shipowner has not included in the procedure are affected by the limitation of his liability if their cause lies in some other event for which a separate procedure is possible.

6 compensation with the claims of the article owner 57. the provisions of the applicable international conventions to which refers art. 49 of the Act apply to the compensation of mutual claims arising from the same event and extinction, by compensation, other debt obligations before the opening of the procedure.
After the opening of this procedure, a claim included in the procedure of limitation cannot be compensated by a debt due to the owner, who was not born of the same event, as to the extent of the dividend that will be assigned on the limitation fund. Insofar as such compensation took place, related to this debt dividend returns to the shipowner.
If the creditor affected by compensation opposes rights of the shipowner, the Commissioner shall record in fairness, for the right, the contentious dividend.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

IV. Distribution of the limitation fund 1. Switchboard art. 58 where a limitation fund has been set and the scheme of collocation of accepted claims has become final, the Commissioner gives the picture of distribution for each limitation fund.
The switchboard must be filed for thirty days with the tribunal, where it can be accessed. The Commissioner informs each creditor of deposit and him address an excerpt about its dividend.
If there was a complaint against the distribution table, it must be formed during its deposit.

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

2. payments to creditors art. 59 when the switchboard has become final, the Commissioner pays dividends to creditors.
Before the Commissioner may already pay to creditors in proportion to their dividend payments.

3 extinction of claims art. 60 to each creditor of the dividend that is on the limitation fund paid turn off its claim. Is reserved no liability under the provisions of the applicable international conventions to which refers art. 49 of the Act.
The shipowner may also invoke the legal limitation of a claim out of the proceedings, but he will not special benefits benefit resulting from the constitution of the limitation fund.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
New content of the last part of the sentence according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

V. closing or termination of proceedings art. 61. after the distribution of the limitation fund, the Commissioner presents a final report to the judge. It closed after finding that the procedure is complete.
If the owner, within the prescribed period, does not constitute the limitation fund proposed by him or set by the judge and does not advance fees, the judge stop the procedure. The Commissioner shall notify that judgment creditors already informed of the procedure. If a Fund had been set up in part, what he left after deduction of the costs incurred up to the shipowner.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).
New content according to section I of the Dec. 22 O. 1988, in force since Feb. 1. 1989 (1989 220 RO).

VI. concurrent prosecutions abroad art. 62 if, for crases claims in an open procedure in Switzerland, the shipowner is also pursued abroad, at the request of the shipowner, the judge must take the measures and provisions to the limitation of liability and satisfy creditors in a uniform manner. In particular, the judge may lower a limitation fund either assign the shipowner the dividend accruing to a creditor, provided the creditor to get satisfaction from abroad.

New content according to chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

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

Section II: Of the Probate Court of the I.Droit average applicable art. 63 York-Antwerp Rules, in the content of annex IV to the present order, govern the general average.

1993 2284 II RO. Establishment of the Art. adjustment 63a in case of general average of a ship to sea or a boat of inland navigation, the adjustment is established by an expert (Dispatcher). It can be named either by the competent authority of the place where the adjustment should be established, either by the shipowner or master, or agreement between those who are interested in the regulation of general average.
If the adjuster has been designated by the shipowner or master, and if it is not a dispatcher recognized or sworn in the sense of the law of the country where the adjustment is to be established, any interested party may, within ten days from the one where he had knowledge of the identity of the adjuster, appeal in front of the Swiss judge in the case where the law of the place where the adjustment must be established does put at its disposal any means of right.
If no opposition is made within this period nor in Switzerland or abroad, the designation of the adjuster is licensed. If the judge feels the opposition based, it designates an another adjuster.
If the designation of the adjuster, or if the establishment of the adjustment in Switzerland are unduly delayed, all interested may apply to the judge an adjuster designation or the revocation of the adjuster late.

Formerly art. 63 III. Approval of the adjustment 1. Request of the concerned art. 64. anyone who is interested in the regulation of the average has the right to seek judicial approval to an adjustment against others. The request must indicate those individuals against whom the judicial approval is requested.
If the average conditions do not appear to immediately fail, the judge fixed a public debate between the applicant and interested parties appointed by the latter; He invites the adjuster to take part said debate cannot take place less than thirty days after the notice.
The notice must indicate that, if the summoned person is missing to the debate or prior to object in writing to the judge, it will be deemed have given its consent to the adjustment.
The Swiss authorities are competent to certify an adjustment if it has been established in Switzerland or if the interested in the regulation of general average as a claimant or defendant has his domicile in Switzerland.

Introduced by chapter I of the ACF on nov 4. 1966, in force since Jan. 1. 1967 (1966 1525 RO).

2. amicable resolution of opposition art. 65 if no opposition has been made against the adjustment, the judge approves it against those who are interested in the regulation.
If an interested party objected in good time, others must be determined. If they admit the opposition or if they reach an agreement with the opponent in any way, the adjustment must be amended accordingly and approved by the judge. If the opposition is not resolved, the adjustment must be approved where it is not being questioned by the opposition.
If the opposition affects the rights of a person remained missing, the latter is deemed not to recognize.

3. judicial resolution of opposition art. 66 if an opposition is not admitted during the debate, nor resolved conventionally, the opponent has a period of thirty days from the debate to bring action against individuals whose rights are affected by its opposition.
If the time for bringing action is not observed, the opposition loses its validity and the adjustment is deemed to be recognized and approved.
Once entered into force decisions on oppositions, the adjustment should be amended according to the indications contained in these decisions and approved by the judge without further procedure.

4. rights of the opponent art. 67. the opponent can sue the individuals who declined his opposition a recognition of his right to compensation or his contribution, or an action in finding the right to compensation or the contribution of another interested person.
The action will be brought jointly against all affected stakeholders in their rights by the opposition. If several interested parties take action, the judge must join the cases.

5 effects of the judgment art. 68. judicial approval of the adjustment only has effects on the internal legal relations of the parties to the probate process. Between these parties, the adjustment approved, once in force, gives right to the final release of the oppositions.
If, following the application of an opponent, the judge finds that there been no joint damage and that no obligation to contribute is, the judgment remains without effect on others who had admitted the adjustment.

6. fees art. 69. the applicant bear the costs of the approval procedure when no opposition is made. If a person has refused its contribution to general average, but renounced opposition during the proceedings, the judge may put these charges to its load.
When objections are resolved during the discussion or as a result of a judgment, the judge, taking into account the reached solution, decides of the equitable distribution of the costs of the approval procedure.

Section III. Provisions Commons i. provisions complementary art. 70. the provisions of the Federal law of April 11, 1889, on debt collection and bankruptcy as well as those of the orders and instructions that complement are applicable insofar as neither the Act nor this order do provide for special rules of procedure.
Shipowner idiom used for the procedure to the limit of the liability for constitution of limitation fund is applicable by analogy to any person who, in accordance with the art. 49 and 126, al. 2, of the law and international conventions to which there is a reference, be able to invoke the limitation of liability.

RS 281.1 new content according to section I of the Sept. 3 O. 1997, in force since Nov. 1. 1997 (RO 1997 2186).

II. authorities legal art. 71. the canton of Basel-City refers to the judicial authorities which are competent to make decisions and make the orders that this order entrusts the judge. He keeps the necessary procedural provisions as well as the tariff of fees.
It can be lodged a complaint, in accordance with the art. 17 and following of the Federal law of April 11, 1889, on debt collection and bankruptcy, against any violation, in the course of further proceedings, provisions of the art. 46 and 51.

RS 281.1 III. Arbitration art. 72. the actions provided for in art. 49, 55 and 66 are exercisable before arbitral tribunals.
The procedural time-limits are respected if the compromise of arbitration was signed within the time limit for filing an action, if the applicant has appointed its arbitrator and if the defender was asked to name his or else requested the appointment of a single arbitrator. A new period of 30 days, during which the application must be submitted to the arbitral tribunal, then begins to run, at the expiration of which time useful for Act is deemed expired.

Chapter VII. Final provisions entry into force art. 73. this order comes into force on the same date that the Federal law of September 23, 1953 on maritime navigation under the Swiss flag, on January 1, 1957.

Annex I (Art. 9, para. 1) rules for prevention of collision at sea RS 0.747.363.321 State August 20, 2013 annex II repealed by section II al. 1 Feb 20 o. 2013, with effect from August 20, 2013 (RO 2013 813).

State August 20, 2013 Appendix III (Art. 42)-contract for the insurance of the crew of sea vessels approved by the federal Council on November 23, 1965 A. scope I. circle of insured persons art. 1 in accordance with art. 84 of Act of November 23, 1953 on maritime navigation under the Swiss flag and art. 42 of the order of November 20, 1956, the entire crew of the ship is insured against illness and the workplace.
Belong to the crew the captain and the other sailors who have a job on board and are registered on the role of the crew.

II. scope of insurance art. 2. insurance extends to the suites of professional accidents and diseases.
Insurance against disease is dependent on a medical examination of entry.

Art. 3-1. Accident insurance are deemed professional accidents: - all accidents suffered by the insured person during the performance of his service; - accidents that occurred on the ship or when traffic by boat to a ship to another or the ship to land and back; - accidents that occurred during the live trip does the insured from his home to the port of embarkation to take his work , or, conversely, on the direct trip he does port at his home after having quit her job; excludes accidents that occurred in the same house where the insured or in the immediate vicinity.


Are decisive to define the accident detailed provisions on mandatory accident insurance and the practice of the Swiss national health insurance in case of accidents (National Health Fund). Professional accident insurance also extends to disease professional and disease produced by the work recognized by the National Fund as giving entitlement to benefits.

Art. 4-2. Health insurance all diseases are covered, with the exception of the cases mentioned in the following paragraph.
Not covered: - diseases, the sickly States and their suites which existed already at the time of the conclusion of the employment contract and who have been silent consciously by the insured; - disease occurring after the end of the insurance coverage, unless the insured proves that it has been reached of the disease while it was covered by insurance; - diseases caused by regular narcotics or painkillers absorption those which are due to the usual abuse of tobacco or alcohol, or punishable acts committed by the insured.

III. beginning and duration of insurance art. 5. the insurance takes effect for the insured of the first day for which he has his salary, but no later than the day of boarding, and ends at his dismissal, as well as 48 hours after that he was taken prisoner, was interned or landed by a foreign power.
The crew members who are not committed to the port of embarkation, accident insurance takes effect at the time where it total, their place of residence, in the means of transport which should lead audit port.
For the members of the crew who, after their dismissal, immediately began their trip back to their home, accident insurance stops at the exit of the means of transport used for this trip, unless it has already stopped beforehand because the insured was taken prisoner, was interned, or has been landed.
In addition, the insurance automatically ends the moment where the Switzerland would be involved in a war, with the restriction however insurance continues to deploy its effects for the ship at sea, until the end of the trip started, until his entry in the port of destination, or in a port of rescue, whereby relief port is regarded as destination port.

B. benefits I. insurance - accidents art. 6. the amount of the insurance benefits is determined solely by the provisions of the Federal law of June 13, 1911, on the insurance in case of illness and accidents, subject to para. 2 below. In cases that are not clearly regulated by law, the practice of the National Fund is crucial.
As an exception: a. art. 74 of the Act, the daily allowance is equal to 100% percent of the salary taken into account in accordance with the letter d; b. At art. 77 of the Act, the disability pension is equal to 100% of the salary taken into account in accordance with the letter d in cases of total incapacity for work. In the event of partial incapacity for work, the pension is reduced proportional; c. To the art. 84 and 87 of the Act, the widow's pension or widower is 40%, the simple pension to 20%, the double pension at 35% and annuities to parents and siblings together to 25% of the salary taken into account in accordance with the letter d. Survivors pension cannot, in total, exceed 90% of such salary; d. To the art. 74, al. 2, and 78 of the Act is deemed salary taken into account only the basic salary with the addition of the amounts to report on old-age insurance and survivors for the maintenance and housing, up to the maximum amount of valid annual gain for compulsory accident insurance.

II. health insurance art. 7. benefits are the following: death: funeral expenses up to a maximum of 600 francs. This amount is due to the shipowner insofar as it has supported the funeral expenses.

In the event of temporary incapacity for work: A per diem rate equal to 100% of the daily gain taken into account in accordance with art. 6, al. 2, let. d, and this for a maximum of 180 days.

In addition: bonus of 80% of treatment costs up to a maximum of 8000 francs per case, the participation of a member of the crew of however, within these limits, more than half of his monthly basic wage.

Art. 8. an insured person who is on board the ship is entitled to a per diem for the duration of his inability to work, and in proportion to this inability.
If the insured is on the ground, he is entitled to the full daily allowance also for the duration of a partial incapacity for work, unless he fulfill a work against payment. In this case, diem is reduced proportionally to the degree of disability found by the doctor.
The duration and degree of incapacity for work are fixed according to a certificate established by the captain, the attending physician or the company doctor.
The daily allowance is paid for convalescence cures if the company doctor feels the cure necessary for healing of the disease.
Art. 9 are considered costs of treatment costs doctor, medicines, hospital or other treatment up to the maximum amount provided for in art. 7, and one year from the beginning of the disease. It is similarly of the costs of artificial replacement of a member (costs of prosthesis).
In case of hospitalization, the insured has the right to be housed and maintained at the expense of the company, in a manner corresponding to his rank. During his stay in the hospital, DSA will be reduced to 80% of the amounts to report on old-age insurance and survivors for the maintenance and housing.
In respect of dental treatment, only teeth extractions are supported.

C. Obligations disaster art. 10. in the case of an accident that is likely to result the death of the insured 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 can be reached more quickly or, if this is not possible, to the authorities of the port which can be achieved more quickly, if possible by appeal to witnesses to the accident. This report must provide consistent information to the truth about the cause and circumstances, on the place and the time of the accident, the nature and suites alleged injuries, the activity of the insured at the time of the accident, and the names of people who could still be cited as witnesses. A certified copy of this report shall be sent immediately to the company.
In case of death resulting from an accident, that it occur immediately or subsequently, the company must be notified immediately by telegram. When the captain is aware of the death of the insured, it is responsible to notify the company briefly. When the survivors refuse or prevent either the autopsy desired by the company, or the assistance of a medical consultant, the company is entitled to decline any benefits if, from the medical point of view, other causes of death, foreign to the accident, or the influence of diseases or infirmities are taken into account.
For injuries that a temporary incapacity to work, as well as for diseases, the captain must complete the claim form issued by the company by providing information on the facts (minutes signed by the captain or extract from the log book) and mail it to the company on arrival at the next port.
Art. 11. the insured shall, under penalty of forfeiture in the event of failure or refusal to provide to the company, within a period of fourteen days, on written request and indicating the consequences of the delay, any information on the disaster, the evolution of the consequences of the accident or disease, and the current and prior health status. It is also required to submit to the review of the company doctor and, if a period of observation is necessary, to enter a hospital. Furthermore, it must allow all physicians who provided care during the disaster, or other accidents or diseases, or by the medical examination of entry, to provide all the information desired by the company on these cases.
Art. 12. If the insured, or in its place, the captain or his replacement are prevented to fulfil the above-mentioned obligations, these are the responsibility of those who assert rights to insurance benefits.
All communications to the company, mentioned above, can also be made to the policyholder, who undertakes to forward them immediately to the company.

D. provisions final art. 13. If the company terminates the contract based on art. 42 of the Federal Act of 2 April 1908 on insurance, liability ceases 14 days after it has notified the termination to the policyholder. If the ship is still at sea, in any case, the contract remains valid until the end of the trip started, i.e. until the entry in the port of destination or in a port of rescue, whereby relief port is regarded as destination port.
Art. 14

Communications of the company to the insured or to rights holders are legally valid if they are sent to the last address which is known to him.
Art. 15 in case of dispute arising from the present contract, only the Swiss courts are competent. In principle, for the company is the main seat of it in Switzerland; In addition, the company recognizes the jurisdiction of the courts of the home Swiss of the insured or of rights holders, as well as of the Swiss domicile of the policyholder.
Art. 16 in addition, this agreement is governed by the Federal Act of 2 April 1908 on insurance contract.

Updated by ch. II al. 2 Feb 20 o. 2013, in force since August 20, 2013 (RO 2013 813).
1965 1027 RS 747.30 RO [RS 8 283; RO 1959 888, 1964 961, 1968 66, 1971 1461 ch. II art. 6 ch. 2 disp. end and trans. little. 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 ch. 37, 1995-511. [RO 1995 1328 annex c. 1]. See the Federal Act of 20 March 1981 on accident insurance (RS 832.20) currently.
Currently "in art. 16 and 17 of the Federal Act of 20 March 1981 on accident insurance' (RS 832.20).
Currently "has the art. 20 of the Federal Act of 20 March 1981 on accident insurance' (RS 832.20).
Currently "in art. 28 to 33 of the Federal Act of 20 March 1981 on accident insurance' (RS 832.20).
Currently "in art. 15 and 17 of the Federal Act of 20 March 1981 on accident insurance' (RS 832.20).
New content according to section I of the Dec. 10 O. 1973, in force since Jan. 1. 1974 (1974 73 RO).
RS 221.229.1 RS 221.229.1 State on August 20, 2013 Appendix IV (art. 63) rules of York and Antwerp 1974 adopted by the international maritime Committee (Conference of Hamburg 1974) rule of interpretation in the average adjustment, the following rules preceded by letters and numbers must apply exclusion of any law and practice inconsistent with them.
Except as is provided by the numbered rules, general average should be set in accordance with the letters preceded.
Rule A there is Act average when, and only when, intentionally and reasonably, an extraordinary sacrifice is made or an extraordinary expense incurred for the common safety, in order to preserve the properties involved in a common maritime adventure peril.
Rule B sacrifice and general average expenses will be borne by various interests called to contribute on the bases specified below.
Rule C only damage, losses or expenses which are the direct consequence of the general average Act, will be allowed in general average.
Loss or damage to the ship or cargo, as a result of delay, either during travel, or later, such as unemployment, and any indirect loss any such that the difference of course, will not be allowed in general average.
Rule D when the event which gave rise to the sacrifice or expenditure has been the consequence of a fault committed by one of the parties involved in the adventure, there is not less place to contribution, but without prejudice remedies or defenses that may relate to this part with such a mistake.
Rule E proof that a loss or expense must actually be admitted as general average is one that calls for this admission.
Rule F any additional expenses incurred as a substitute for another expense but which would have been eligible in general average will be deemed itself damage common and accepted as such, regardless of the economy possibly carried out by other interests, only up to the amount of the expenditure of general average thus avoided.
Rule G General average rules must be established, both for the estimate of losses for the contribution, on the basis of the values at the time and place where ends the adventure.
This rule does not affect the determination of the place where the rules must be established.

Rule I cargo Jet no jet cargo will be allowed in general average unless this cargo has been transported in accordance with the recognized practice of trade.

Rule II damage caused by jet and sacrifice for the common salvation will be admitted as general average the damage caused to the ship and the cargo, or one of them, by a sacrifice or as a result of a sacrifice made for the common safety, and water entering the hold by the open hatches or any other openings to operate a jet for the common salvation.

Rule III fire suppression aboard will be admitted as general average damage caused to the ship and the cargo, or one of them, by water or otherwise, including damage caused by submerging or sabordant a ship on fire, to put out a fire on board; However, no bonus will be made for damage caused by smoke or heat regardless of the cause.

Rule IV. debris readiness loss or damage experienced by cutting debris or parts of the ship that have been removed or are actually lost by accident, will not be improved in general average.

Rule V voluntary grounding when a ship is intentionally put there be driven to the coast for the Salvation common, that he had or not, loss or damage resulting will be allowed in general average.

Rule VI Assistance (a) the expenses incurred by the parties involved in adventure and nature of assistance, either under a contract or otherwise, will be allowed in general average, provided that assistance operations are made in order to preserve the properties involved in the common maritime adventure of the peril.
Allowable as general average expenses will include any remuneration for assistance in determining which the skill and efforts of the assistants to prevent or limit damage to the environment, as outlined in art. 13, al. 1, let. b, of the International Convention of 1989 on the assistance, have been taken into account.
(b) the special allowance payable to the wizard by the shipowner under the empire of art. 14 of the said Convention, in the conditions stated by the by. 4 of this article, or any other provision to similar effect, will not be allowed in general average.

Rule VII damage to machinery and boilers damage to any machine and boiler of a ship wrecked in a perilous position by efforts to raise her, will be admitted as general average, where it will be established that it proceeds from the real intention to refloat the vessel for the common safety at the risk of such damage; but when the ship is afloat, no loss or damage caused by the operation of the propulsion and boilers will be under no circumstances allowed in general average.

Rule VIII expenses to alleviate a wrecked ship and damage resulting from this measure when a vessel is aground and that the cargo, and the fuel and supply ship, or one of them, are unloaded in circumstances such as this measure is an average, the costs of relief Act, rental of fat and, where appropriate, those of re-embarkation and loss or damage resulting will be allowed in general average.

Rule IX objects of the ship and supplies burned as fuels objects and supplies of the ship, or one of them, it will have been necessary to burn as fuel for the salvation that is common in the case of risk, will be admitted as general average when, and only when, the ship will be equipped with an ample supply of fuel. But the estimated amount of fuel that would have been consumed, calculated at the current price at the last port of departure, the ship and the date of departure will be credited to the general average.

Rule X expenses at port of refuge, etc.

(a) when a ship enters a port or place of refuge or it will be returned to the port or place of loading as a result of accident, sacrifice or other extraordinary circumstances which rendered this measure necessary for the common safety, the expenses incurred to enter this port or place will be allowed in general average. and, when he will be back with all or part of its primitive cargo, the costs to exit this port or place that will have been the consequence of this entry or return will be similarly allowed in general average.
When a ship is at a port or place of refuge any and that it is necessarily moved to another port or place because the distributions can be made at the first port or place, the provisions of this rule apply to the second port or place, as if he were a port or place of refuge, and the cost of travel including the temporary repairs and towing, will be allowed in general average.
The provisions of Rule XI apply to the extension of travel occasioned by this move.

(b) the fee for handling on board or to unload the cargo, fuel or supplies, either at a port, a place of loading, call or refuge, will be admitted as general average if the handling or unloading was necessary for the common safety or to repair the damage to the ship caused by sacrifice or by accident if these repairs were necessary to allow to continue the journey safe except if the damage to the ship are discovered in a port or place of loading or port of call without any accident or other extraordinary circumstance in connection with such damage occurred during the trip.
Fees for handling on board or to unload the cargo, fuel or supplies will not be allowed in general average, if they were incurred solely addressing an undocking occurred during the voyage, unless such a measure is necessary for the common safety.
(c) whenever the costs of handling or unloading of cargo, fuel or supplies will be eligible in general average, shopping, including insurance costs if it was reasonably concluded, their reload and their stowage will be also admitted as general average.
But if the ship is condemned or does not continue his primitive trip, shopping expenses will be admitted in general average up to the date of conviction of the ship or the abandonment of the journey or well up to the date of the completion of the unloading of the cargo in case of conviction of the ship or abandonment of the trip before this date.

Rule XI. wages and maintenance of the crew and other expenses to get to the port of refuge, and in this port, etc.

(a) the wages and maintenance of the master, officers and crew reasonably costs incurred as well as fuel and supplies consumed during the extension of trip caused by the entry of the ship in a port of refuge, or by returning to the port or place of loading, must be admitted as general average when expenses to enter this port or place are eligible in general average by application of the rule X (, (a) .b) when a ship enters or has been accepted in a port or place as a result of an accident, sacrifice or other extraordinary circumstances that made it necessary for the common safety, or to allow the distribution of the damage caused to the ship by sacrifice or accident when the repair is necessary continue the trip in security, wages and costs of maintenance of the captain officers and crew reasonably incurred during the additional period of immobilization in this port or place until the ship is or should be in condition to continue his trip, will be allowed in general average.

However, if damage to the ship are discovered in a port or place of loading or port of call without any accident or other circumstances extraordinary in connection with such damage occurred during the trip, then the wages and maintenance of the captain, officers and crew, fuel, and supplies consumed during immobilization to repair the damage thus discovered needs will not be admitted as general average even if the repair is required continue the trip safe.
When the ship is condemned or does not pursue his original trip, the wages and maintenance of the captain, officers and crew and fuel and supplies consumed will be admitted as general average until the date of the conviction of the ship or the abandonment of the trip or the date of completion of the unloading of the cargo in case of conviction of the ship or abandonment of the trip before this date.
Fuel and supplies consumed during the additional period of immobilization will be admitted as general average with the exception of the fuel and supplies consumed not eligible repairs in general average.
Shipping costs incurred during this additional period of immobilization will be similarly admitted as general average, with the exception of expenses incurred at the rate of repair, not allowed in general average.
(c) for the purposes of this rule as well as other rules, wages include payments made to the captain, officers and crew or for their benefit, that these payments be taxed to shipowners by law or that they result from the conditions and terms of the contracts of travail.d) when overtime hours are paid to the captain, officers and crew for maintenance of the ship or for repairs costing is not eligible in general average overtime will be allowed in general average common until competition of the expenditure that has been avoided and that would have been incurred and allowed in general average if the expense of overtime was not exposed.

Rule XII. damage to cargo in discharging, etc.

The damage or loss sustained by the cargo, fuel or supplies in material handling, unloading, storage, reloading and stowing will be admitted as general average when the respective cost of these operations will be allowed in general average, and in this case only.

Rule XIII. Deduction of the cost of repairs repairs to admit in general average will be not subject to deductions for the "new for old" difference when old hardware, in whole or in part, replaced by new, unless the vessel has more than fifteen years; in such cases, the deduction will be a third party.
The deductions shall be determined according to the age of the ship since 31 December of the year of completion up to the date of the general average act common, except for insulation, lifeboats and similar, devices and equipment for communications and navigation, machinery and boilers, for which deductions will be fixed according to the age of the parts to which they apply.
The deductions will be made only on the cost of new equipment, or its parts, at the point where it will be machined and ready to be implemented in the ship.
No deduction will be made on supplies, consumables, anchors and chains.
Drydock, slip and displacement of the vessel costs will be allowed in full.
The costs of cleaning, painting or coating the hull will not be allowed in general average unless the hull has been painted or coated in the twelve months preceding the date of the general average act; in such cases, these fees will be admitted for half.

Rule XIV. temporary repairs when the interim repairs to a ship, a port of loading, port of refuge, for the common safety or for damage caused by a general average sacrifice, the cost of these repairs will be enhanced in general average.
When the interim a coincidental damage repairs to allow completion of the travel, the cost of these repairs will be allowed in general average, regardless of the economy possibly carried out by other interests, but only to the extent of the economy on expenditures that would have been incurred and allowed in general average, if those repairs had not been done in this place.
No difference in the "new for old" deduction will be made of the cost of eligible temporary repairs in general average.

Rule XV. loss of freight loss resulting cargo loss or damage suffered by the cargo will be allowed in general average, if it is caused by a general average act unless this loss or damage is thus admitted.
Must be deducted from the amount of the lost gross freight, expenditures that the owner would have thereby incurred to win, but he has not exhibited as a result of the sacrifice.

Rule XVI value to admit for cargo lost or damaged by sacrifice the amount to admit in general average for damage or loss of cargo sacrificed will be the amount of the loss that's proven by taking for base price at the time of unloading checked based on the commercial invoice delivered to the recipient or, failing such a Bill based on the value shipped. The price at the time of unloading will include the cost of insurance and freight, except if the cargo is not at the risk of the cargo.
When a so damaged goods is sold and the amount of the damage has not been otherwise agreed, to admit in general average loss will be the difference between the net proceeds of the sale and the net value to the healthy state, as it is calculated in the first paragraph of this rule.

Rule XVII. contributory values


The contribution to the average will be based on the actual net values of the properties at the end of the trip except that the value of the cargo will be the price at the time of unloading checked based on the commercial invoice delivered to the recipient or, failing such a Bill, according to the embedded value. The value of the cargo will include the cost of insurance and freight unless this freight is not at risk of the cargo, and under deduction of losses or damage sustained by the cargo before or during the unloading. The ship will be valued without taking into account the more or less value resulting from the bareboat charter or time under which it can be found.
These values will be added the amount allowed in general average properties sacrificed, if it is not already included. Freight and fare in risk will be deducted the expenses and the wages of the crew who would not have been incurred to earn the cargo if the ship and cargo were totally lost at the time of the general average Act and who have not been admitted as general average. The value of properties will also be deducted all additional costs are related, subsequent to the event which gives rise to the general average, but as far was only that they will not admitted as general average.
When a shipment is sold during the trip, she contributes on the net proceeds of sales increased from the amount allowed in general average.
Passengers luggage and personal effects for which it has not been established knowledge will not contribute in general average.

Rule XVIII damage to the ship the amount to admit in general average for damage or loss suffered by the ship, its machinery and/or its gear, as the result of a general average Act, will be the following: a) in the case of a repair or replacement, the actual and reasonable cost of repair or replacement of the damage or loss subject to the deductions to be made by virtue of rule XIII; b) in the case the reasonable depreciation resulting of such damage or loss up to the estimated cost of repairs.

But when there is total loss or the cost of repairs of the damage would exceed the value of the once-repaired ship, to admit in general average amount will be the difference between the estimated value of the ship to the healthy state under deduction of the estimated cost of repairs of the damage not having the average character, and the value of the ship in its damaged state This value can be determined by the net proceeds of sale, if any.

Rule XIX goods non-reported or falsely reported the loss or damage to goods loaded without the knowledge of the shipowner or his agent, or to those who have been the subject of a deliberately false at time of boarding designation, will not be allowed in general average, but these goods will continue to be required to contribute if they are saved.
Loss or damage to the goods that were falsely reported to boarding for a lesser value that their real value will be admitted on the basis of the declared value, but these goods will have to contribute on their real value.

Rule XX advances a commission of two percent on general average disbursements other than wages and costs of maintenance of the captain, officers and crew and fuel and supplies that have not been replaced during the trip, will be admitted as general average, but when funds have not provided by one of the interests that are called to contribute , incurred costs incurred to get the necessary funds, a loan to the big or otherwise, similarly the loss suffered by owners of goods sold for that purpose will be allowed in general average.
The insurance costs of the money advanced to pay the average expenses will be also admitted as general average.

Rule XXI interest on losses allowed in general average commune one interest will be allocated on expenditures, sacrifices and bonuses classified in general average, at the rate of seven percent per year, up to the date of the general average rules, taking into account however payments that have been made in the meantime by those who are called upon to contribute or Fund of deposits of general average.

Rule XXII treatment of cash deposits when cash deposits will have been cashed in guarantee of the contribution of the cargo to the common, at the expense of rescue or fresh damage special, these deposits will be paid, without any delay, to a special joint account in the names of a designated representative for the shipowner and a representative for depositors in a Bank approved by both of them. The augmented sum so deposited, if there is place, interests, will be retained as security for the payment to rights holders because of general average, costs of rescue or special fees payable by the cargo and for which deposits were made. On-account payments or refunds of deposits can be made with the written permission of the adjuster. These deposits, payments or refunds, will be carried out without prejudice to the final obligations of the parties.

Formerly annex IX of the Federal Act on maritime navigation (see RO 1993 2284).
Amended by the international maritime Committee (Conference of Paris 1990).

State August 20, 2013

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