SOLAS Amendment: Container Mass Verification

TPT Durban3rd 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 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 acting CEO is Mr Sobantu Tilayi

SAMSA’s Mandate:

• to ensure safety of life and property at sea

• to prevent and combat pollution of the marineenvironment by ships

• to promote the Republic’s maritime interests

Legislation• SOLAS Amendment

• MSC1/Circ1475

• Merchant Shipping Cargo Regulations

SOLAS 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

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

The main principles of the guidelines are:

• The shipper is responsible for providing the verified gross massof 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.

• The SOLAS requirements regarding the verified gross mass ofa container carrying cargo are expected to enter into force inJuly 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”.

Merchant Shipping Carriage of Cargoes

Regulations, 2004

MSC 1 / Circ 1475:

“Shipper” means a legal entity or person named onthe bill of lading or sea waybill or equivalentmultimodal transport document as shipper and/orwho (or in whose name or on whose behalf) acontract of carriage has been concluded with ashipping 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?

Verification Methods:• Method 1

• Method 2

• Appointment of 3rd Parties

• Authorisation of Shippers

Method 1

Upon the conclusion of packing and sealing a container, the shipper mayweigh, 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 bedocumentary proof of this e.g.:

• Verification Certificate with a Type Approval number

• The Verification Certificate is issued by a VerificationLaboratory that is SANAS Accredited and designated by NRCS

• The Type Approval number on the Verification Certificate isissued by NRCS

• Weighing equipment must be calibrated and verified by aVerification Laboratory periodically in accordance with theregulations

• The weight ticket from the weigh bridge or similar must accompany thedeclared 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

• Shippers using Method 2 to verify the gross mass of acontainer must be approved by SAMSA

• SAMSA to outsource the certification and approval ofshippers to a third party in terms of Section 5 of theSAMSA Act to approve shippers on SAMSA’s behalf

• Request for applications for 3rd Parties was initiallycommunicated to industry in August 2015 and again inNovember 2015 by Marine Notice

• Marine Notice 25 of 2015 contains the application form

Method 2 – Appointment of 3rd

Parties

• To date there are ten companies accredited to approveshippers using Method 2.

• Several additional applications are being processed.

• Third Parties accredited by SAMSA for a period of 5 years

• Shippers Authorisation by SAMSA AccreditedCompanies will be valid for a period of 5 years and willbe subject to ad hoc inspections and audits

• Shippers will be provided with a SAMSA number

Method 2 – Appointment of 3rd

Parties

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,

on-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 ofcertificate 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 of 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.za

ABC Kings Ricky Pillay

Clinton PillayNolan Pillay

Nationally 084 227 4259

082 688 2429083 265 5124

ricky@abckings.co.za

clinton@abckings.co.zanolan@abckings.co.za

Supply Chain

Compliance Services

Themba Mkhize

Chris Walden

Bruce MillsAnne Bindoff

Nationally 083 792 5657 themba@sccs.durbaninfo@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 totheir 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 guidancepurposes 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