DG MARITIME TRANSPORT (DGMT)

‘Verified gross mass of packed containers’

27 April 2016

Els Claeys

� WEIGHING OF CONTAINERS

IMO history:

12/2008 - SOLAS 2008 amend / chapter VI / reg. 2 adopted

01/2011 – in force – shipper obligation to provide accurate container weights – no req for container t/b weighed

07/2012 - discussion incl incidents involving misdeclared container weights

11/2014 - SOLAS Ch VI reg. 2 para 4-6 adopted (MSC94)

07/2016 – in force

� WEIGHING OF CONTAINERS

International IMO legislation:

SOLAS Chapter VI reg. 2 para 4-6Circular MSC1/Circ.1475

EU legislation: -

National legislation: Transposition in RD Circular

Commercial arrangement: see belowVGM Industry FAQsWSC Guidelines

� BE LEGISLATION

1.Law 5 June 1972 - ship safety; Article 4 (amended by the law of 22 January 2007, Article 9 and Article 30)

2.RD on the verified gross mass of packed containers

3.DGMT Circular

4.Draft law on organisation of administrative fines in application, in case of violations to the maritime laws

BE LEGISLATION

Royal Decree:

RD Article 1 - implementation SOLAS VI/2

•ref DGMT

•ref SOLAS

•ref MSC1/Circ.1475 - terms (ship, container, shipper, terminal representative, packed container, cargo, gross mass, verified gross mass and shipping document)

BE LEGISLATION

RD Article 2 scope of application

•Packed containers • RD 4 June 1984 on the safety of containers • which are loaded on board ships

•Exceptions:• via chassis/trailer on ro-ro ships on short international

voyages (SOLAS III/3)• packing of containers already on board• offshore containers

BE LEGISLATION

RD Article 3 verification of the gross mass

•where the container was sealed

•must be proved in the shipping document

BE LEGISLATION

RD Article 4 - enforcement

Navigation control - Monitoring of the requirements:

•on the quayside •on board

BE LEGISLATION

RD Article 5 - shipping document

Shipper:

•responsible for the verification of the gross weight of the packed container

Shipper or their representative

•prepares the shipping document with VGM and signature

•shipping document given in good time before loading to the master or their representative (unless master passes VGM to the terminal)

BE LEGISLATION

RD Article 5

Master (/rep) and terminal representative:

•Decide about VGM in order to prepare the stowage plan

•Container may not be loaded on the ship before the master (/rep) and the terminal representative have received the VGM

BE LEGISLATION

RD Article 6 authorised methods

•Method 1 - non-automatic weighing apparatus (RD 12 April 2016 on non-automatic weighing equipment)

•Method 1 - automatic weighing apparatus (RD 15 April 2016 on measurement instruments)

•Method 2 - certified measurement method

BE LEGISLATION

RD Article 7 - fees

•Approved measurement method by DGMT: EUR 700•Annually adapted index figure•Due from the applicant

RD Article 8 entry into force1 July 2016

RD Article 9 - competent ministersMinister of Social Affairs and Public Health - Ms De BlockState Secretary for the North Sea - B. Tommelein

END OF RD

CIRCULAR DGMT

Circular:

•officially published on our website via publication of the RD:http://mobilit.belgium.be/nl/scheepvaart

•draft circular explained in presentation

•more details

•more dynamic document

CIRCULAR DGMT

1. Shipping document

Format and layout: to suit commercially

Required content: -VGM -shipper name (shipping bill ref)-shipper signature or their representative (in name of)

Electronic shipping document: -VGM -name shipper (shipping bill ref)-electronic signature or NAME SHIPPER or NAME REPRESENTATIVE

CIRCULAR DGMT

1. Shipping document

On time: -commercial arrangement between parties

-so that the VGM is included in the stowage plan and for the measurement of ship stability

DGMT CIRCULAR

2. Verification of container weight

2.1 Method 1 - weighing

•operator intervention required (weighbridge): ‘RD of 12 April 2016 on non-automatic weighing equipment’, accuracy class III or IV

•no intervention necessary (automatic weigh station) RD of 15 April on measurement instruments,

accuracy class Y(a) or Y(b)

Competent authority: FPS Economy, Legal Metrologymetrology.regulation@economie.fgov.be

CIRCULAR DGMT

2. Verification of container weight

2.1 Method 1 - weighing

In accordance with commercial agreements, the container may

be weighed in the terminal, but the

VGM must be included in the stowage plan in good time

CIRCULAR DGMT

2. Verification of container weight

2.2 Method 2 - calculation

No additional certificate is issued.

Three certified calculation methods:

•ISO certification (FPS Economy);

•AEO certification (FPS Finance);

•approved by DGMT (FPS Mobility and Transport).

CIRCULAR DGMT

2. Verification of container weight

2.2 Method 2 - calculation

If VGM is determined with a certified calculation method by a third party,

the shipper remains responsible for accuracy and timely transmission of the VGM

CIRCULAR DGMT

2. Verification of container weight

2.3 Method 2 - calculation method certified by the DGMT

•request to VGM@mobilit.fgov.be

•not adapted for certain bulk cargo (grains, scrap iron, coal, etc)

•describes how the different weights are determined and to what level of accuracy

•can involve the following five steps:

CIRCULAR DGMT

2. Verification of container weight

2.3 Method 2 - calculation method certified by the DGMT

Step 1 - sum of the different weights of the load elements (using certified weighing apparatus, calibrated measuring instruments, weight shown on packaging, etc.)

Step 2 - weight of packaging

Step 3 - weight of pallets, stowage and security equipment

Step 4 - tare weight of the container (CSC, DB shipowner)

Step 5 - sum of results of previous 4 steps

CIRCULAR DGMT

3. List of shippers

shippers provide, on a voluntary basis, the following information to the DGMT:

•shipper name and address;

•method used;

•in case of method 2: ISO or AEO (in case of DGMT certification, the shipper is automatically on the list);

to be made available on the website

CIRCULAR DGMT

4. Accuracy VGM provision

•always as accurate as possible

•weighing equipment: in line with standards that weighing equipment must conform to, whether for weighing containers, or for weighing components separately

•method of calculation: describe the accuracy of the different steps

CIRCULAR DGMT

5. Enforcement

On board (within scope of PSC) - at the quay (at the terminal)

•Has the loading plan with VGMs been received? •Do all the containers on the loading plan have a VGM?•When was the list received?•What happens to containers without a VGM?•Is the stability calculated before the start of the loading operation?•Are there reasons to suspect that the VGM is not correct?•Must a container be “freed” for VGM calculation and weighing?

CIRCULAR DGMT

5. Enforcement

No VGM and still loaded:•Examination of documents & info sequence at terminal•Examination of info sequence to the agent•Fine for the party at fault

Control weighing >5% over the the VGM indicated

•New VGM known - load plan revised - loading OK

•Investigation priority (verification of method, request for confirmation of tare weight of container from the ship-owning business)•Fine possible for the party at fault

CIRCULAR DGMT

6. Sanctions

6.1 Penal sanctions:

Law 5 June 1972 - ship safety (chapter VI - penalty provisions):

•Fine from EUR 500 to 5000;

•Legal proceedings by the public ministry;

•Who? Any party contravening the RD;

•2017: increase in the amount of fines.

CIRCULAR DGMT

6. Sanctions

6.2 Administrative sanctions:

Draft law on organisation of administrative fines in application, in case of violations to the maritime laws (January 2017):

•Administrative proceedings by DGMT;

•The same fines as penal sanctions;

•Who? Any party contravening the RD;

CIRCULAR DGMT

7. Containers already on board prior to 1 July 2016

Packed containers making a sea voyage before 1 July

2016 may be transported to their final destination

without determining the VGM, even if the container is to be

transferred to another seagoing vessel

DG MARITIME TRANSPORT (DGMT)

THANK YOU!

Els Claeys