Verification of the Gross Mass of Containers prior to loading onto a container ship Keith Bradley Hazardous Cargoes Adviser

Background Container collapses, this incident was in 2006, but there were, and still are, other incidents

Background

Loss of containers

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International Maritime Organization IMO is a United Nations specialized agency based in London, UK that deals with matters on sea transport, which are referred to it by its Member Governments. IMO is mainly involved in development of international regulations, on the basis of proposals by Member Governments. The practical design and application is the responsibility of the maritime Administrations concerned

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Background • The sinking of the Titanic was the catalyst for the adoption in 1914 of the first International Convention for the Safety of Life at Sea (SOLAS). • SOLAS regulates all maritime transport matters

Verification of the gross mass of containers • IMO meeting DSC17 (September 2011) generally concurred with the need for developing mandatory weighing  In plenary at DSC the following issues were highlighted: weighing in some parts of the world may not be practicable calculating weight of contents may not be accurate loading into containers is also important may be an additional burden to ship masters • Instructed Working Group to prepare draft SOLAS text and Guidelines

SOLAS VI Amendment Text of amendments to SOLAS regulation VI/2 making the verification of the gross mass of a container mandatory 5 The shipper of a container shall ensure the verified gross mass is stated in the shipping document. The shipping document shall be: .1 signed by a person duly authorized by the shipper; and .2 submitted to the master or his representative and to the terminal representative sufficiently in advance, as required by the master or his representative, to be used in the preparation of the ship stowage plan. 6 If the shipping document, with regard to a packed container, does not provide the verified gross mass and the master or his representative and the terminal representative have not obtained the verified gross mass of the packed container, it shall not be loaded on to the ship.”

DSC 18 (September 2012) • No changes were made to the SOLAS VI text

• MSC.1/Circ.1475 Guidelines regarding the verified gross mass of a container carrying cargo was agreed and submitted to MSC for adoption in June 2014

Container weight verification DSC 18 Guideline drafting • Some countries and the shipping industry advocated one option - weighing. • However, IMO succeeded in reaching consensus on a compromise proposal with two routes for obtaining a verified gross mass of the packed container prior to loading • Method 1 – weigh container • Method 2 – use method approved by the competent authority based on weight of component elements

Container weight verification • It was agreed that the SOLAS amendment would not apply to containers which are “driven” on to a Ro-Ro ship, short international voyages. • The verified weight (gross mass) is the one declared on the signed shipping document prior to loading on a ship after the container is packed/filled and the “doors closed” • Offshore containers are not included but all other types, for example; freight container, tankcontainer, flat rack etc., are included

Time Frames IMO works on a committee structure and adoption process A sub-committee passed SOLAS amendment and circular to parent committee for acceptance and adoption The SOLAS amendment was adopted in November 2014 with a 18 month transition period and it enters into force 1st July 2016

UK Guidance – MGN 534 • SOLAS already required the gross mass to be declared, in the UK this is given force of law through Merchant Shipping (Carriage of Cargoes) Regulations 1999 • It is believed that this new SOLAS requirement does not change that requirement and but expands on how it is achieved that is through verification

UK Guidance – MGN 534 • Prior to discussions at IMO in 2011, the UK had consulted with many sectors of UK industry • Following adoption in November 2014, work started in the UK on determining how the we would implement the new SOLAS provisions • The first meeting reinforced the UK view that there would be many operational practicalities to overcome in its implementation.

UK Guidance – MGN 534 • Essentially 4 named parties involved: Regulator (competent authority), Shippers, Ports (terminal) and Shipping lines (carriers) • Other parties and other government bodies e.g. Customs, Hauliers – road and rail do not have responsibilities under SOLAS

Roles and responsibilities • Shipper to provide verified weight to carrier of container with whom shipper has commercial contract to carry their goods • Carrier not to load the container unless it has a verified weight • Port (terminal) not to load container unless received a verified gross mass but its contract is with carrier not shipper • Competent authority / Regulator

Roles and responsibilities • Regulator – in the UK it is the Maritime and Coastguard Agency (MCA) • Our parent ministry is the Department for Transport but we represent the UK at IMO and enforce maritime Regulations primarily on ships but our powers extend to the load point shore side to prevent non-compliant cargo being loaded • Our role is both one of enforcing Regulations and facilitating UK maritime trade

UK Guidance – MGN 534 • For Method 2, industry wished to have Regulator involvement through assignment of an accreditation number to approved shippers, not a requirement of MSC.1/1475 • The UK guidance mirrors IMO Guidance MSC.1/ Circ. 1475 Guidelines regarding the verified gross mass of a container carrying cargo, but it also reflects UK industry requirements

UK Guidance – MGN 534 • Some of the issues raised were of a commercial nature e.g. carrier-port interface however both the carrier and port must ensure only verified weight containers are loaded • It was felt that such elements should be highlighted in the guidance for the parties to consider but it is not the Regulators role to stipulate how they should be resolved

UK Guidance – MGN 534 • The subject of tolerance was discussed in the context of enforcement and industry wished to have a single value as UK road enforcement uses 5%, a value ±5% was chosen. • This does not derogate the shipper from accurately verifying the gross mass

UK Guidance – MGN 534 • The subject of tolerance was also discussed in the context of weighing equipment, in Europe there is a directive which addresses this.

MGN 534 text • A3.1 Method 1 Weighing the packed container • A3.1.1 The UK common standard for weighbridges is BSEN 45501. The EC Directive on non- automatic weighing instruments 2009/23/EC is implemented through the Non Automatic Weighing Instruments Regulations 2000 SI3236. In the UK the Regulations are enforced by the Local Weights and Measures Authority (LWMA). • A3.1.2 In addition, for the purposes of this guidance, it will be the responsibility of the weighing instrument operator (e.g. weighbridges, load cell sensing technologies etc.) to ensure that the equipment has a documented procedure for maintenance, calibration and testing of the equipment and the associated records should be kept.

Frequently Asked Questions • As new parties joined the development process: trade body seminars etc., asked similar questions to those raised at earlier meetings. • The UK is developing a document giving FAQS (frequently asked questions), this document was discussed informally at CCC2 in September and is being further developed.

In Summary A verified weight is a condition for loading a packed container onto a ship.

No Verified Weight 24 Page  24

No Load

In summary The shipper is responsible for providing the verified weight. “Shipper” = Party identified on carrier’s BoL.* Carriers, shippers, forwarders, and NVOCCs need to prepare for information and communication flow changes, liability, etc. *Bill of Lading 25 Page  25

In summary Contingencies for containers received without a verified gross mass In order to allow the continued efficient onward movement of such containers, the master or his representative and the terminal representative may obtain the verified gross mass of the packed container on behalf of the shipper. This may be done by weighing the packed container in the terminal or elsewhere. The verified gross mass so obtained should be used in the preparation of the ship loading plan. Whether and how to do this should be agreed between the commercial parties, including the apportionment of the costs involved.

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In summary • Whilst recognising that both the new SOLAS provisions will have an impact on the whole of the maritime supply chain, it must be stressed that they have been developed through a spirit of compromise to be commensurate with the risk • Thank you for listening • Any questions?