solas amendment
TRANSCRIPT
SOLAS Amendment: Container Weight Verification
Durban9th November 2015
Agenda
1. Introduction: SAMSA | Purpose of the Workshop
2. Legislation: SOLAS amendments | MSC 1 / Circ 1475 |
Domestic Legislation
3. Verification Methods: Methods 1 & 2
4. Weighing Equipment
5. Enforcement & Penalties
6. The Way Forward:
1. Guideline
2. Method 2
1. Outsourcing approval and certification
2. Proving the verified gross mass of a packed
container
3. What must the shipper have in place to be approved
4. Appointment of a 3rd party to certify and approve
shippers
South African Maritime Safety Authority
• SAMSA is an agency of the Department of Transport
• Established on 1 April 1998 in terms of the South AfricanMaritime Safety Authority Act 5 of 1998
• SAMSA is governed by a Board made up of the CEO andsix non-executive members, appointed by the Minister ofTransport
• The current CEO is Commander Tsietsi Mokhele
SAMSA’s Mandate:
• to ensure safety of life and property at sea
• to prevent and combat pollution of the marine environmentby ships
• to promote the Republic’s maritime interests
Purpose
1. Provide guidance for the implementation of SOLAS
Chapter IV, Part A, Regulation 2 in the South African
context.
2. SAMSA will not be involved in:
• Commercial matters or disputes which may arise
from the manner in which containers are planned
and or booked for shipment.
Or
• Contingency planning or management for the
receipt of non-conforming containers at any point in
the logistics chain.
The mis-declaration of container weights has resultedin:
• Numerous vessel casualties.
• The lives of ship’s crew and stevedores being placed
at risk
• Damage to equipment e.g. ships lifting appliances and
shore cranes and lifting gear
As a result the International Maritime Organisation
(IMO):
• Made amendments to SOLAS and,
• In 2014, introduced Guidelines Regarding the Verified
Gross Mass of a Container Carrying Cargo (MSC
1/Circ1475)
Introduction to the SOLAS Amendments
SOLAS Amendments
The recent amendment to SOLAS chapter VI, part A,regulation 2 requires that.
“3. Prior to loading cargo units on board ships, the shippershall ensure that the gross mass of such units is inaccordance with the gross mass declared on the shippingdocuments”.
i.e: the shipper must ensure that the packed containers’gross mass is verified prior to stowage onboard
Guidelines Regarding the Verified Gross Mass of a Packed Container (MSC 1 / Circ 1475)
The purpose of the guideline: Establish a common approach
for the implementation and enforcement of the SOLAS
requirements regarding the verification of the gross mass of a
packed container.
The main principles of the guidelines are as follows:
• The shipper is responsible for providing the verified grossmass of a packed container.
• A container packed with packages and cargo items shouldnot be loaded onto a ship to which the SOLAS Conventionapplies unless the master or his representative and theterminal representative have obtained, in advance of avessel loading, the verified actual gross mass of thecontainer.
Guidelines Regarding the Verified Gross Mass of a Packed Container (MSC 1 / Circ 1475)
The SOLAS requirements regarding the verifiedgross mass of a container carrying cargo areexpected to enter into force in July 2016
The maritime industry was advised of thisrequirement, through Marine Notice 11 of 2015,distributed on 26th June 2015, of the amendments toSOLAS.
5(1)(b)(i) The cargo information must include in thecase of general cargo and cargo carried in cargounits, a general description of the cargo, the grossmass of the cargo or cargo units and any relevantspecial properties of the cargo;
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 inaccordance with the gross mass declared in theshipping documents.
Domestic Legislation: Merchant Shipping Carriage of Cargoes Regulations, 2004
MSC 1 / Circ 1475:“Shipper” means a legal entity or personnamed on the bill of lading or sea waybill orequivalent multimodal transport document asshipper and/or who (or in whose name or onwhose behalf) a contract of carriage has beenconcluded 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
Who is the Shipper?
MSC 1 / Circ 1475 Verification Methods: Method 1
Upon the conclusion of packing and sealinga container, the shipper may weigh, or havearranged that a third party weighs, thepacked container, for example using aweigh bridge.
The shipper (or, by arrangement of the shipper, a third party),may weigh all packages and cargo items, including the massof pallets, dunnage and other packing and securing materialto be packed in the container, and add the tare mass of thecontainer to the sum of the single masses using a certifiedmethod.
5.1.2.3 The method used for weighing the container'scontents under Method No.2 is subject to certification andapproval as determined by the competent authority of theState in which the packing and sealing of the container wascompleted.
5.1.2.3.1 How the certification is to be done will be up to theState concerned, and could pertain to either the procedure forthe weighing or to the party performing the weighing or both.
Competent Authority = SAMSA
MSC 1 / Circ 1475 Verification Methods: Method 2
Weighing equipment used for Method 1 andMethod 2 are subject to the requirements ofthe Legal Metrology Act, 2014.
Weighing Equipment: Method 1 & 2
Enforcement
SAMSA will enforce the amended SOLAS requirements and Merchant
Carriage of Cargo Regulations through:
Port State Control Inspections | Ad hoc inspections | Continuous
auditing of SAMSA appointed third parties | Reporting of non-
conforming containers and or cargo information by third parties
Penalties
The Merchant Shipping Carriage of Cargoes Regulations, 2004 states
the following:(6) Every shipper or forwarder commits an offence who—
(a) fails to provide appropriate cargo information as required by this regulation;
(b) furnishes cargo information that he or she knows to be false; or
(c) recklessly furnishes cargo information that is false.
The penalty for contravening the above is a fine or 12 months
imprisonment
Enforcement & Penalties for Non Compliance
Should SAMSA identify that a shipper has mis-declared the gross
mass of a packed container through a Port State Control Inspection
or by any other means, the Authority may:
1. Require that the SAMSA appointed third party, suspend or
revoke the shipper’s approval. It will then be necessary for the
shipper to use Method 1 to verify the gross mass of a packed
container.
Or
2. Require an Admission of Contravention to be signed and paid,
failing which the alleged contravention will be prosecuted.
Enforcement & Penalties for Non Compliance
Way Forward - Guideline
• SAMSA will be publishing a guideline outlining RSA’srequirements for the implementation of themandatory amendments to SOLAS.
• The guideline will be published as a Marine Notice.
• Publication subject to feedback from stakeholderengagements.
• The guideline will include annexes indicating:
• What the SAMSA appointed third party will haveto have in place in order to be accredited bySAMSA (Method 2).
• What shippers need to have in place in order to beapproved (Method 2).
Way Forward: Method 2
• SAMSA expect that most shippers will use Method 2to verify the gross weight of a packed container dueto challenges accessing weigh bridges.
• SAMSA to outsource the certification and approval ofshippers to a third party in terms of Section 5 of theSAMSA Act, due to the vast number of exporters /shippers in South Africa
(Initially going to appoint an organisation to conductthe work as a Recognised Organisation. MarineNotice 16 of 2015)
Method 2: How will the Shipper prove the verified gross mass of a packed container?
It would be impractical and costly to have a SAMSA appointed
third party monitoring the weighing process 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 or similar. This will involve
a desk top audit as well as physical, on-site inspections.
Method 2: How will the Shipper prove the verified gross mass of a packed container?
QMS Assessment: By SAMSA appointed third party
Approved Shippers: SAMSA appointed third parties on the
successful completion of an assessment of a shipper, must obtain
from SAMSA, an accreditation number that will be recorded on the
certificate of approval. The shipper will then be entered into the
SAMSA database of approved shippers. The database of approved
shippers will be published in a Marine Notice periodically. Note:
Without the SAMSA accreditation no. transporters will not be able to
access TPT.
Validity of Certification: The approval will be valid for a period not
exceeding 5 years and will be subject to ad hoc inspections and
audits.
Administrative Fees: Third parties approved by SAMSA may
charge fees to conduct certifications and approvals - Requires further
investigation and consultation with industry
Method 2: What must the Shipper have in place to be approved
Documentation to be Provided:
1. Full company name and head office address and addresses
where container packing and weight verification will be undertaken
2. Name of authorised person at the company
3. Letter of authorisation granting permission to state the verified
gross mass of a packed container.
4. Quality Management System certification e.g. ISO9001, if
implemented
5. Following procedure/s from the quality management system to be
provided:
1. Method used for verifying the gross mass of a packed container
2. Safe packing of a container in accordance with IMO/ILO/UNECE
Code of Practice for Packing of Cargo Transport Units (non-
mandatory)
Method 2: What must the Shipper have in place to be approved
Documentation wrt weighing equipment to be used which includes:
1. Type approvals
2. Calibration information / certificates
3. Maintenance arrangements for weighing equipment
4. Reporting and quarantining of faulty weighing equipment
5. Management of weight discrepancies
Other information:
1. CSC safety approvals to be valid
2. Training of personnel on weighing equipment and training records.
3. Record retention e.g. training records, calibration records,
certificates, maintenance etc
4. Management of third parties used to pack containers
Appointment of a 3rd Party to Certify & Approve Shippers Using Method 2
1. Completion and return of the SAMSA Checklist inclusive of providing the
following information / documentation:
Letter of application | Mandate | Shipper application procedure |
Inspection and Assessment of Shipper procedure | Quality Assurance
System | Competence of inspectors
2. Inspection of Facilities, which will include:
Inspection of premises | Inspection of documentation e.g. record keeping
| interview with inspectors
3. To assess and inspect the company’s application and premises will result
in a pro rata charge of R820.00 per hour (as per Fees Regs (as
amended))
4. The company will be expected to enter into a service level agreement
with SAMSA.
5. SAMSA reserves the right to conduct ad hoc inspections and or audits on
approved third parties to ensure a continued high level of work is
maintained.
