SOLAS Amendment: Container Mass Verification TPT Durban 3rd June - - PowerPoint PPT Presentation

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 3rd 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

• f

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, ship’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

• ss

s Mas Mass s

• f
• f 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
• f 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

• f

the container.

• The SOLAS requirements regarding the verified gross mass of

a container carrying cargo are expected to enter into force in July 2016

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”.

Mer Mercha hant nt Shipp Shipping ing Car Carria riage ge of

• f C

Car argo goes es Regu gula lation tions, s, 20 2004 04

MSC 1 / Circ 1475: “Shipper” means a legal entity or person named on the bill

• f

lading

• r

sea waybill

• r

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

Who ho is is the the Shipper? Shipper?

Verification Methods:

• Method 1
• Method 2
• Appointment of 3rd 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

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

Method 2 Method 2

• 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 3rd 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

Method 2 Method 2 – Appoint ppointment ment of

• f 3rd

rd Par

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 Method 2 – Appoint ppointment ment of

• f 3rd

rd Par

arties ties

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,

• n-site inspections.

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

• f

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 Authorisation 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: Shipper Approval Guideline

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.

Method 2: Authorised Shippers

SAMSA Accredited Companies

Company Contact Person Operating Contact No. Email Address General & Marine Surveyors Dave Johnson Magda Harding Nationally 083 625 8480 dave@marinesurveyors.co.za magda@marinesurveyors.co.z a ABC Kings Ricky Pillay Clinton Pillay Nolan Pillay Nationally 084 227 4259 082 688 2429 083 265 5124 ricky@abckings.co.za clinton@abckings.co.za nolan@abckings.co.za Supply Chain Compliance Services Themba Mkhize Chris Walden Bruce Mills Anne Bindoff Nationally 083 792 5657 themba@sccs.durban info@sccs.durban PPECB Shubesco Heilbron Nationally 082 441 2503 vgmassessment@ppecb.com B&L Export Consultants Cobus Leibbrandt Nationally 084 501 5737 cobus@b-l.co.za CWM Survey & Inspection Frank Veenstra Nationally 073 724 5963 Africa@Cwminternational.com Verimet Inspection Services Ross Clarke Gauteng / Mpumalanga 083 326 4164 verimet.ops@gmail.com DS Oliver CC Margot De Villiers Nationally 083 661 3635 margot@dsoliver.com LCL Logistics Southern Africa Daniel Bosman Nationally 078 149 4314 vgmaudit.za@lclog.com SGS Darren Diederiks Nationally 072 346 82 83 darren.diederiks@sgs.com

Marine Notices

• Marine Notice 18 of 2016 has been replaced by Marine Notice 25 of

2016, which is more comprehensive. The main amendments include:

• For a period of three consecutive months after the 1st July 2016 i.e. up to

and including 30th September 2016, containers loaded prior to 1st July 2016 and then transshipped on or after 1st July 2016 may be shipped to their final load port of discharge without the verified gross mass specified in SOLAS Regulations VI/2.4 to VI/2.6.

• A 2% enforcement tolerance will be implemented strictly for guidance

purposes only. It will be used and considered on a case by case basis. The enforcement threshold should not be confused with the issue of accuracy and the underlying issue that the verified gross mass of the container, arrived at by using either Method 1 or Method 2, should be accurate

• This

is an evolving document and there may be further amendments

Marine Notice 25 of 2016: Guidelines

Thank You

Kirsty Goodwin | T +27 31 307 3006 | kgoodwin@samsa.org.za