IMO DEVELOPMENTS ON MEASURES TO PREVENT THE LOSS OF CONTAINERS

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1 IMO DEVELOPMENTS ON MEASURES TO PREVENT THE LOSS OF CONTAINERS CARIBBEAN SHIPPING EXECUTIVES CONFERENCE CARIBBEAN SHIPPING ASSOCIATION Mr. Colin P. Young Regional Maritime Adviser, Caribbean Technical Cooperation Division 16 May 2016

2 Secretary General Mr. Kitack Lim Page 2 2

3 Presentation topics General process of developing measures at IMO Problems relating to misdeclared container mass Marine casualties and incidents related to misdeclared container mass Current requirements in SOLAS regulation VI/2 The international response and timeline of developments at IMO New requirements under amended SOLAS regulation VI/2 Implementation Page 3 3

4 PROCESS AT IMO 4Page 4

5 IMO MISSION Safe, secure and efficient shipping on clean oceans 5Page 5 5

6 Structure of IMO Assembly 171 Member Governments 7 Sub-Committees SHIP DESIGN AND CONSTRUCTION (SDC) Council 40 Member Governments Facilitation Committee Technical Cooperation Committee SHIP SYSTEMS AND EQUIPMENT (SSE) HUMAN ELEMENT, TRAINING AND WATCHKEEPING (HTW) NAVIGATION, COMMUNICATION AND SEARCH AND RESCUE (NCSR) IMPLEMENTATION OF IMO INSTRUMENTS (III) 5 Committees Legal Committee Maritime Safety Committee CARRIAGE OF CARGOES AND CONTAINERS (CCC) 6 Marine Environment Protection Committee POLLUTION PREVENTION AND RESPONSE (PPR)

7 Development of measures at IMO Casualty/ New technology Proposal to IMO Discuss, agree to refer on Draft text Adoption or approval Proposals for new, or amendments to existing, mandatory instruments - a compelling need for such amendments should be demonstrated by the proponent(s) and an analysis of the implications of such amendments particularly those with far-reaching implications and consequential proposals for other amendments, having regard to the costs to the maritime industry, the legislative and administrative burdens involved and benefits which would accrue therefrom, should be provided Page 7 7

8 Misdeclared gross mass PROBLEMS RELATING TO MISDECLARED CONTAINER MASS Page 8 8

9 Misdeclared gross mass Problems relating to misdeclared container mass: - incorrect vessel stowage decisions; - re-stowage of containers (and resulting delays and costs), if the overweight condition is ascertained; - collapsed container stacks; - containers lost overboard (both those overweight and containers that were not overweight); - cargo liability claims; - chassis damage; - damage to ships; - stability and stress risks for ships; - risk of personal injury or death to seafarers and shoreside workers. Page 9 9

10 Misdeclaration Problems relating to misdeclared container mass: Page impairment of service schedule integrity; - supply chain service delays for shippers of properly declared containers; - last minute shut-outs of confirmed, booked and available loads when the actual mass on board exceeds what is declared and the total cargo mass exceeds the vessel limit or port draft limit; - impairment of vessels' optimal trim and draft, thus causing impaired vessel efficiency, suboptimal fuel usage, and greater vessel air emissions; - liability for accidents and fines for overweight containers on roads, and resulting time and administrative efforts and costs to seek reimbursement from responsible parties; and - lost revenue and earnings: - customs authorities - exporters/importers - ship owners

11 Some of the problems illustrated Notable marine casualties which prompted discussion amongst stakeholders on potential measures for the verification of the gross mass of packed containers Page 11 11

12 Some of the problems illustrated Casualties and incidents related to misdeclared container mass P&O Nedlloyd Genoa - January 2006 Page 12 12

13 Some of the problems illustrated Casualties and incidents related to misdeclared container mass MSC Napoli - January 2007 Page 13 13

14 Some of the problems illustrated Casualties and incidents related to misdeclared container mass MV Limari - Damietta - February 2007) Page 14 14

15 Some of the problems illustrated Casualties and incidents related to misdeclared container mass MV Deneb - Algeciras - June 2011 Page 15 15

16 Some of the problems illustrated Casualties and incidents related to misdeclared container mass MOL Comfort 17 June 2013 Indian Ocean Page 16 16

17 Some of the problems illustrated Casualties and incidents related to misdeclared container mass Tipped-over forklift (May 2011) Page 17 17

18 Some of the problems illustrated Casualties and incidents related to misdeclared container mass Broken shore crane - Beira - January 2011 Page 18 18

19 CURRENT REQUIREMENTS OF SOLAS REGULATION VI/2 19 Page 19

20 SOLAS regulation VI/2 Text of SOLAS regulation VI/2 1 The shipper shall provide the master or his representative with appropriate information on the cargo sufficiently in advance of loading to enable the precautions which may be necessary for proper stowage and safe carriage of the cargo to be put into effect. Such information shall be confirmed in writing and by appropriate shipping documents prior to loading the cargo on the ship. Page 20 20

21 SOLAS regulation VI/2 Text of SOLAS regulation VI/2 2 The cargo information shall include:.1 in the case of general cargo, and of cargo carried in cargo units, a general description of the cargo, the gross mass of the cargo or of the cargo units, and any relevant special properties of the cargo. For the purpose of this regulation the cargo information required in sub-chapter 1.9 of the Code of Safe Practice for Cargo Stowage and Securing, adopted by the Organization by resolution A.714(17), as may be amended, shall be provided. Any such amendment to sub-chapter 1.9 shall be adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable to the annex other than chapter I;.2 in the case of solid bulk cargo, information as required by section 4 of the IMSBC Code. Page 21 21

22 SOLAS regulation VI/2 Text of SOLAS regulation VI/2 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. Page 22 22

23 THE INTERNATIONAL RESPONSE 23 Page 23

24 The international response For some years there was extensive consideration and debate on the matter of container collapses/losses as, generally, an incident is not as a result of single event In 2011, work started at IMO on the Development of Measures to Prevent Loss of Containers following a proposal by Australia, Denmark and the Netherlands (document MSC 89/22/11) and comments by WSC World Shipping Council) and ICS (International Chamber of Shipping) (document MSC 89/22/17). Page Verification of container mass was one element of the above work

25 Discussions at IMO Options for the verification of the gross mass of a packed container Some countries and the shipping industry advocated a single option - weighing. However, a consensus was reached 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 the mass of component elements Page 25 25

26 Discussions at IMO 24 months Page months

27 NEW REQUIREMENTS 27 Page 27

28 Adoption of SOLAS amendments (resolution MSC.380(94)) Text of amendments to SOLAS regulation VI/2 making the verification of the gross mass of a container mandatory 4 In the case of cargo carried in a container, except for containers carried on a chassis or a trailer when such containers are driven on or off a ro-ro ship engaged in short international voyages as defined in regulation III/3, the gross mass according to paragraph 2.1 of this regulation shall be verified by the shipper, either by: 2 METHODS Page weighing the packed container using calibrated and certified equipment; or.2 weighing all packages and cargo items, including the mass of pallets, dunnage and other securing material to be packed in the container and adding the tare mass of the container to the sum of the single masses, using a certified method approved by the competent authority of the State in which packing of the container was completed.

29 Adoption of SOLAS amendments (resolution MSC.380(94)) 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. Page 29 29

30 Adoption of SOLAS amendments (resolution MSC.380(94)) Changes become effective on July 1, Two main new requirements: Verified weight is a condition for loading a packed container onto a ship. Shipper is responsible for providing the verified weight. Page 30 30

31 IMPLEMENTATION 31 Page 31

32 Implementation The IMO confirmed the acceptance of the amendments in Circular Letter No.3624 dated 10 February 2016 Page 32 32

33 Implementation Engagement at the national level to address the following issues: certification and availability of weighing equipment approval requirements for method 2 control and consequences of non-compliance Carriers, ports authorities, container terminals, shippers and exporting companies should exchange information and adjust their contractual arrangements in light of the new requirements Page 33 33

34 Guidance at IMO IMO Website: Cargoes/Containers/Pages/Verificationof-the-gross-mass.aspx Guidelines regarding the verified gross mass of a container carrying cargo (MSC.1/Circ.1475) Page 34 34

35 Industry Guidance Industry guidance UK Maritime and Coastguard Agency (MGN 534) World Shipping Council CEFIC/CLECAT/ESC/GSF Logistics/Best%20Practice%20Guidelines%20-%20General%20Guidelines/Joint- Industry-Guidance-Mandatory-Weighing-of-Containers-Cefic-ESC-CLECAT-GSF.pdf Page 35 35

36 Industry Guidance Frequently Asked Questions provided by a coalition of industry experts World Shipping Council (WSC) TT Club The International Cargo Handling Coordination Association (ICHCA) and the Global Shippers' Forum (GSF) 36

37 Industry Standards IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (CTU Code) (MSC.1/Circ.1497), and Informative material related to the CTU Code (MSC.1/Circ.1498), approved by the Maritime Safety Committee in Draft amendments to ISO 3874 and ISO 1161 developed by ISO/TC 8 ISO 3874 will include design and strength characteristics for automatic twistlocks. The review of the strength requirements of lashing gear and securing devices has also taken into account of the latest generation of container vessels with design capacity in excess of 18,000 TEU. ISO 1161 has been completely revised in order to incorporate the most recent parameters for handling and securing equipment. Page 37 37

38 Page QUESTIONS?