SOLAS Amendment: Container Mass Verification TPT Durban 3rd June 2016
Agenda 1. Introduction to SAMSA 2. Legislation: SOLAS amendment • MSC 1 / Circ 1475 • Domestic Legislation • 3. Verification Methods: Methods 1 • Method 2 • Appointment of 3 rd Parties • Shipper Authorisation • 4. Marine Notices
South African Maritime Safety Authority SAMSA is an agency of the Department of Transport • Established on 1 April 1998 in terms of the South African • Maritime Safety Authority Act 5 of 1998 SAMSA is governed by a Board made up of the CEO and • six non-executive members, appointed by the Minister of Transport The current acting CEO is Mr Sobantu Tilayi • SAMSA’s Mandate: to ensure safety of life and property at sea • to prevent and combat pollution of the marine • environment by ships to promote the Republic’s maritime interests •
Legislation • SOLAS Amendment • MSC1/Circ1475 • Merchant Shipping Cargo Regulations
SOLAS SOLAS Amendment Amendment The mis-declaration of container weights, resulting in vessel casualties, s hip’s crew / stevedores being placed at risk and damage to equipment e.g. ships lifting appliances or shore cranes and lifting gear. This resulted in amendments to SOLAS. The amendment to SOLAS chapter VI, part A, regulation 2 requires that. “ 3. Prior to loading cargo units on board ships, the shipper shall ensure that the gross mass of such units is in accordance with the gross mass declared on the shipping documents” . i.e: the shipper must ensure that the packed containers’ gross mass is verified prior to stowage onboard South Africa is a signatory to the SOLAS Convention
Guide Guideli line nes s Rega garding ding th the V e Ver erif ified ied Gr Gros oss s Mas Mass s of of a a Pac acked ed Co Cont ntain ainer er (MSC 1 (MSC 1 / / Cir Circ 1475) 1475) The purpose of the guideline: Establish a common approach for the implementation and enforcement of the SOLAS requirements The main principles of the guidelines are: The shipper is responsible for providing the verified gross mass • of a packed container. A container packed with packages and cargo items should • not be loaded onto a ship to which the SOLAS Convention applies unless the master or his representative and the terminal representative have obtained, in advance of a vessel loading, the verified actual gross mass of the container. The SOLAS requirements regarding the verified gross mass of • a container carrying cargo are expected to enter into force in July 2016
Mer Mercha hant nt Shipp Shipping ing Car Carria riage ge of of C Car argo goes es Regu gula lation tions, s, 20 2004 04 5(3) In preparing cargo units for carriage by ships, the shipper or the forwarder, as the case may be, must ensure that the gross mass of the units is in accordance with the gross mass declared in the shipping documents. SOLAS: “ 3. Prior to loading cargo units on board ships, the shipper shall ensure that the gross mass of such units is in accordance with the gross mass declared on the shipping documents” .
Who ho is is the the Shipper? Shipper? MSC 1 / Circ 1475: “ Shipper ” means a legal entity or person named on the bill of lading or sea waybill or equivalent multimodal transport document as shipper and/or who (or in whose name or on whose behalf) a contract of carriage has been concluded with a shipping company. Carriage of Cargo Regulations, 2004: “ Shipper " means any person who, whether as principal or as agent for another, consigns goods for carriage by sea
Verification Methods: Method 1 • Method 2 • Appointment of 3 rd Parties • Authorisation of Shippers •
Method 1 Method 1 Upon the conclusion of packing and sealing a container, the shipper may weigh, or have arranged that a third party weighs, the packed container. Method 1 does not require the approval of SAMSA • Weighing equipment must comply with NRCS requirements • SAMSA do not approve / accredit weighing equipment. However: • Weighing equipment must be accurate and there must be • documentary proof of this e.g.: Verification Certificate with a Type Approval number • The Verification Certificate is issued by a Verification • Laboratory that is SANAS Accredited and designated by NRCS The Type Approval number on the Verification Certificate is • issued by NRCS Weighing equipment must be calibrated and verified by a • Verification Laboratory periodically in accordance with the regulations The weight ticket from the weigh bridge or similar must accompany the • declared VGM to the shipping line with the shipping instructions
Method 2 Method 2 The shipper (or, by arrangement of the shipper, a third party), may weigh all packages and cargo items, including the mass of pallets, dunnage and other packing and securing material to be packed in the container, and add the tare mass of the container to the sum of the single masses using a certified method. 5.1.2.3 The method used for weighing the container's contents under Method No.2 is subject to certification and approval as determined by the competent authority* of the State in which the packing and sealing of the container was completed. *Competent Authority = SAMSA
rd Par Method 2 – Appoint Method 2 ppointment ment of of 3 rd arties ties Shippers using Method 2 to verify the gross mass of a • container must be approved by SAMSA SAMSA to outsource the certification and approval of • shippers to a third party in terms of Section 5 of the SAMSA Act to approve shippers on SAMSA’s behalf Request for applications for 3 rd Parties was initially • communicated to industry in August 2015 and again in November 2015 by Marine Notice Marine Notice 25 of 2015 contains the application form •
rd Par Method 2 – Appoint Method 2 ppointment ment of of 3 rd arties ties To date there are ten companies accredited to approve • shippers using Method 2. Several additional applications are being processed. • Third Parties accredited by SAMSA for a period of 5 years • Shippers Authorisation by SAMSA Accredited • Companies will be valid for a period of 5 years and will be subject to ad hoc inspections and audits Shippers will be provided with a SAMSA number •
Method 2: Shipper Authorisation It would be impractical and costly to have a SAMSA accredited company monitoring the weighing of every container in order to verify the gross mass. It is therefore envisioned that the SAMSA appointed third party will conduct an assessment of the shipper’s quality management system e.g. ISO 9001 / documented procedures. This will involve a desk top audit as well as physical, on-site inspections.
Method 2: Shipper Authorisation Guideline Shippers Contact Details: 1. Full company name and head office address. 2. Addresses where container packing and weight verification will be undertaken, inclusive of sub contractors used 3. Name of the person’s authorised to provide the verified gross mass of containers (Letter of Authorisation) Quality Management System 1. Audited : ISO9001 (or similar) certified? If yes, copy of certificate to be provided as well as various documented procedures from the quality manual. 2. Unaudited : If not, the shipper will still have to provide proof that a quality management system is in place by providing various documented procedures
Method 2: Shipper Authorisation Guideline 1. Procedures that will be requested: 1.The procedure for verifying the gross mass of the container and managing discrepancies 2.Safe packing of a container ideally in accordance with IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (this code is currently non-mandatory, but contains best practice) 2. Ensuring the accuracy of weighing equipment: i. Verification certificate endorsed with type approval number; ii. Proof of regular verifications; iii. Verification Laboratories accredited by SANAS and designated by NRCS iv. Verification Officers letter of appointment and scope; v. Maintenance arrangements for weighing equipment; and vi. Reporting and quarantining faulty weighing equipment
Method 2: Shipper Approval Guideline 4. Containers Inspection of containers prior to packing cargo and ensuring CSC safety approvals are valid. 5. Training Proof that personnel have been trained to use weighing equipment (training certificates / attendance registers) 6. Record retention I. How are declarations of weight kept II. Training records of staff III. Weighing equipment: Verifications / calibrations / Maintenance
Method 2: Authorised Shippers Several companies have been authorised to use Method 2: 1. CFR Freight 2. Sappi 3. Thrutainers International 4. Mercedes Benz 5. SJM Flex 6. Global Impex 7. Arysta Lifesciences 8. Volacno Agroscience 9. DOLE SA Companies using Method 2 are encouraged to contact the accredited companies asap.
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