SOLAS Chapter VI / 2 Verified Gross Mass of loaded shipping containers A broker s guide RSA Marine Risk Management - June 2016
WHAT IS IT? It s the 2 nd regulation of the 6 th chapter of the International Convention for the Safety of Life at Sea (SOLAS) 1974. The original regulation, relating to general cargo, obliged the shipper of goods to: Provide the carrier with appropriate information about the cargo to enable its proper stowage and safe carriage. To provide the information in writing and by appropriate shipping documents. To provide it sufficiently in advance of loading that the carrier can effect proper stowage and safe carriage of the cargo. To include, in the cargo information, the following data: o A general description of the cargo o The gross mass of the cargo or of the cargo units o Any relevant special properties of the cargo. To ensure, prior to loading of a cargo unit to a vessel that the gross mass of the unit matches the gross mass declared on the shipping documents. WHY IS IT CHANGING? Over recent years it has become apparent that container ships face serious hazards arising from misdeclaration of cargo misdeclaration both of the contents (deliberately or accidentally failing to declare hazardous goods) and of the total weight (gross mass) of the containers. The miscdeclaration of gross mass has been identified as a contributory factor in a number of maritime casualties including: Deneb Algeciras, 2011 MSC Napoli English Channel, 2006 Navid Asaluye, 2007 MOL Comfort Indian Ocean, 2013
SO WHAT S NEW? From 1 July 2016, SOLAS Chapter VI / Regulation 2 has been amended to place new obligations on the shipper of cargo and others in the supply chain. The new obligations are, in effect, that the shipper must: Obtain and document the verified gross mass (VGM) of a packed container. Communicate the VGM to the carrier in a shipping document or other approved notice or by electronic data interchange (EDI) Ensure that the document or transmission declaring the VGM is signed (whether analog or digitally) by a named individual, duly authorised by the shipper. Ensure that the VGM is communicated to the master of the vessel and the loading terminal sufficiently in advance of loading to the vessel, so that the VGM is used for proper load-planning. The crucial requirement is that the shipper in the form of a person with legal responsibility for the declaration and legal responsibility for any misdeclaration must declare the actual weight of the fully laden container. There are only two permitted methods by which the VGM can be determined: 1. Weighing the packed and sealed container using calibrated and certified weighing equipment such as a vehicle weighbridge or load cell sensing technologies, including those fitted to some container handling equipment. A certificate of the VGM must be issued. 2. Weighing all packages and cargo items, including pallets, dunnage and securing, going into the container and adding the plated tare mass of the container using a certified method approved by (in the UK) the Maritime & Coastguard Agency (MCA) or its authorised body. For a company to use method 2, they must demonstrate their method to the MCA and obtain an approval number. The MCA will keep a database of approved shippers for Method 2 and shipping lines may only accept Method 2 declarations from those approved shippers. WHAT DOES THIS MEAN FOR SHIPPERS & FORWARDERS? From 1 July 2016, no vessel may load a container that does not have a VGM declaration signed by the shipper and calculated by one of the two approved methods. The vessel and (by implication) the loading terminal will be obliged to reject the container. Rejection of containers will result in additional costs haulage, storage, demurrage, repacking and weighing being the most obvious. Rejection or delay of perishable or other time-critical cargo might lead to more serious consequences. There are also criminal penalties for misdeclaring the VGM a statutory fine, two years imprisonment or both. Parties liable to prosecution will include the named signatory on the declaration and any combination of the officers of the shipper, forwarder, terminal or shipping line. HELP? Solutions exist, but time is of the essence for anyone that has not yet acted. The MCA has produced a very helpful FAQ (click here) that addresses many questions faced by shippers and by forwarders or other parties in the supply chain. There is also helpful guidance, together with official regulatory notices in the MCA s Marine Guidance Note 534 (click here) Freight Forwarders might be well advised to invest in certified weighing scales at warehouses so that Method 2 can be implemented for the benefit of customers that have not made their own arrangements. Shippers, who load their own containers, might well take similar action.
For shippers, there are potential shortcuts to Method 2 accreditation if you hold certain classes of Approved Economic Operator (AEO) status or if you have an ISO9001 quality or ISO28000 Security Management System that incorporates auditable weight records of the goods you ship. The MCA can advise you about those options in more detail and you can reach their dedicated team at container.weight@mcga.gov.uk We also recommend early dialogue with your logistics partners freight forwarders, haulage operators, shipping lines and ports or terminals. Haulage operators will be able to arrange certified weighing at weighbridge facilities. So far, DP World (operators of London Gateway and Southampton ports) and Hutchison Port Holdings (operators of Felixstowe, Thamesport and Harwich International ports) have confirmed that they will offer certified container weighing at their terminals. The service will have to be booked in advance and containers will have to be delivered early enough to be weighed, so forward planning is necessary. For further information or advice please contact: Rod Johnson Marine Risk Management Director 020 7337 5287 or 07881 264833 rod.johnson@uk.rsagroup.com Royston Ford Senior Risk Control Consultant 020 7337 5520 or 07881 353099 royston.ford@uk.rsagroup.com