SOLAS Amendment

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.

Thank You

Questions

Kirsty Goodwin | T +27 31 307 3006 | C + 27 71 686 9624 | kgoodwin@samsa.org.za