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1. Background
1.1. The recent shipping casualties
pertaining to the carriage of solid bulk cargo on General Cargo/ Bulk
carrier ships from Indian ports has revealed negligence of Shippers, Ship
Masters and Port Authorities in complying with the applicable International
and National regulations for safe carriage of solid bulk cargo. The
contravention of these regulations may have resulted in shifting of cargo at
sea and even capsizing and sinking of ships in Indian waters. To prevent
these incidents, the applicable IMO instruments such as Safety Conventions,
Codes etc. impose obligations and prescribe guidance to Shippers, Port
Terminals, Ship Masters and Owners for safe carriage of solid bulk cargo on
ship.
2. The applicable International/National regulations in this respect are
as follows:
2.1 SOLAS 1974 as amended
2.1.1 Regulation 2 of Chapter VI, i.e. Declaration by shipper on
information relating to stowage factor, trimming procedures, likelihood of
shifting, including angle of repose and any other relevant special
properties of the cargo.
2.1.2 Regulation 6 of Chapter VI, i.e. Acceptability for shipment for bulk
cargoes
2.1.3 Regulation 7 of Chapter VI, i.e. Loading, Unloading and Stowage of
bulk cargoes in accordance with Code of Practice of Safe Loading, Unloading
of Bulk Carriers (BLU) Code.
2.1.4 Regulation 10 of Chapter XII, i.e. Solid bulk cargo density
declaration in case of heavy density cargo by the Shipper.
2.2 Code of safe practice for solid bulk cargoes – B.C. Code
2.2.1 Section 2 - General precautions recommended when detailed
information is not available for high density bulk materials.
2.2.2- Section 3 – Safety of personal and ship.
2.2.3- Section 4 – Assessment of acceptability for safe shipment
2.2.4- Section 5 – Trimming procedures
2.3 Code of practice for the safe loading and un-loading of bulk carriers-
BLU Code
2.3.1- Section 2 – Suitability of ships and terminals
2.3.2- Section 3 – Procedures between ship and shore prior to ship’s
arrival.
2.3.3- Section 4- Procedures between ship and terminal prior to cargo
handling
2.3.4- Section 5- Cargo loading and handling of ballast
2.4 Cargo Rules framed under M.S. Act. 1958- M.S. (Carriage of Cargo) Rules,
1995 2.4.1- Rule 4- Cargo information
2.4.2- Rule 14- Carriage of solid bulk cargo other than grains
3. Lessons Learnt from the recent cargo related shipping casualties
3.1- Since India is one of the major exporting nations of iron ore and
other solid bulk cargoes listed in the B.C. Code, the Directorate has
examined the issue relating to the carriage of such cargoes by ships in
depth and taking into account some of the following lessons learnt from
recent causalities occurred in Indian waters
3.1.1 Shipper declaration as required by Regulation 6/10 of SOLAS 74 chapter
VI/XII respectively & Rule 2 of M.S. (Carriage of Cargo) Rules was not made
by the Shipper to the Master in advance.
3.1.2 Ship Master/Port Terminal do not generally discharge their obligation
as prescribed in BLU Code section 2, 3 & 4 with respect to loading of cargo
from wet pile lying in the port during the rainy/south west monsoon period.
3.1.3 Ship Master/Port Terminal do not notify the port state authorities in
such event.
3.1.4 Ship Master/Port Terminal do not ensure that vessel sail out in
seaworthy condition as required by section 336/342(unsafe ship) of Indian
Merchant. Shipping Act. 1958.
3.1.5 Ship Master/Port Terminal do not verify the Moisture content prior to
vessel’s departure from the Indian port
3.1.6 Ship owner/Ship Master/Port Terminal do not recognize the serious
consequences of not following the guidelines for loading of bulk cargoes
which has direct impact in terms of pollution, danger to navigation, loss of
life and property.
4. Instructions to Ship Owner,
Ship Master, Shipper and Port Terminal
4.1 In view of the circumstances, the following instructions conforming
to National/International regulations including prevailing International
Practices are prescribed for safe carriage of solid bulk cargo from Indian
ports/Indian waters.
4.2 Ship
4.2.1 Ship-owner Shall comply with additional safety measures for bulk
carriers as specified in Chapter XII of SOLAS 1974
4.2.2 Ship Master shall ensure to obtain Cargo Information and Solid bulk
cargo density declaration from the Shipper in the prescribed format of IMO
as per the National/International Regulations. Where additional details,
such as trimming or continuous measurement of water in the cargo etc. are
required, the Master should inform the terminal accordingly.
4.2.3 The Ship Master should ensure that bilge lines, sounding pipes and
other servicelines within the cargo space are in good order in view of high
velocity at which such heavy density bulk materials are loaded. For this
reason, it is also prudent on part of the Ship’s crew to sound bilges after
the completion of loading.
4.2.4 The Ship owner/Ship Master should ensure that the cargo loaded on
board is trimmed reasonably to the boundaries of the cargo space to minimize
the risk of bulk material shifting.
4.2.5 The Ship owner/Ship Master should ensure to fill up the cargo spaces
as full as practicable without resulting in an excessive mass of the
material on the bottom structure or tween- deck.
4.2.6 The Ship owner/Ship Master should verify the angle of repose/moisture
content. If in any doubt on the cargo information/density declaration
provided by the Shipper the Ship Master shall verify the same by adopting
the procedures as specified in section 4/6 of B.C. Code.
4.2.7 The Ship owner/Ship Master shall has the right to stop the loading or
unloading in case of non compliance with the agreed loading or unloading
plans or any other situation which endanger the safety of ship.
4.2.8 The Ship Master is responsible at all times for the safe loading or
unloading of the ship. In doing so, the Master shall ensure that terminal
representative is made aware of the cargo trimming requirements.
4.2.9 The Ship Master should also ensure that there is agreement between the
ship and the shore as to the action to be taken in the event of rain or
other change in the weather, which may cause the nature of cargo to change
posing hazards to the ship.
4.2.10 The Ship owner should closely monitor the loading/unloading
operations and provide adequate resources and shore based support to Master
and it should be so prescribed in the Company’s Safety Management System
developed, implemented and maintained under the ISM Code.
4.2.11 The Ship Master, in the event of any interference by the external
sources should not hesitate to use his overriding authority provided under
the Safety Management System and discretion as specified in Regulation 34-1
of SOLAS Chapter V.
4.2.12 The Ship owner/Ship Master shall ensure that the ship is suitable for
loading solid bulk cargo and weather tight, efficient in all respect for the
normal perils of the sea and the intended voyage
4.2.13 The Ship owner/Ship Master shall ensure that the ship is provided
with approved stability of loading booklet written in a language understood
by ship’s officers concerned and using standard expressions and
abbreviations.
4.2.14 The Ship owner/Ship Master shall ensure that a copy of the agreed
loading or unloading plan and any subsequent amendments to it is lodged with
the appropriate authority of the port state as notified by the D.G.
Shipping.
4.2.15
The Ship owner/Ship
Master should not hesitate in notifying the nearest Port State Control
Authority for timely intervention, in case of any breach of the provisions
of BLU Code or SOLAS is apprehended.
4.2.16
The Ship Owner/Ship
Master are encouraged to participate in the prevailing ship reporting system
such as INDSAR and others prior to the departure of their vessel/s from
Indian ports and during the intended voyage.
4.3 Shipper
4.3.1
The Shipper shall provide the Master or his representative with appropriate
information on the cargo sufficiently in advance of loading to enable the
precautions which may be necessary for proper stowage and safe carriage of
the cargo to be put into effect.
4.3.2
The Shipper shall
confirm such information in writing (this does not preclude the use of
Electronic Data Processing - EDP and Electronic Data Inter change- EDI) to
the Master in appropriate shipping document prior to loading cargo on the
ship.
4.3.3
The Shipper shall
provide cargo information on the stowage factor of the cargo, the trimming
procedure, likelihood of shifting including angle of repose and any other
relevant special properties.
4.3.4
The Shipper shall
provide an additional information in the case of concentrate or other cargo
which may liquefy in the form of a certificate on the moisture content of
the cargo and its transportable moisture limit.
4.3.5
The Shipper shall
verify the moisture content, transportable moisture limit and the density of
solid bulk cargoes and declare such information in the IMO standard format
for cargo information as prescribed in MSC/Circ.663.
4.3.6
The Shipper shall
ensure that the cargo information with regard to moisture
content/transportable moisture limit and cargo density is verified by an
accredited testing organization i.e. in accordance with MSC/Circ.908.or
laboratories enlisted with National Accreditation Board for Testing and
Calibration Laboratories (NABL) or prevailing customary practices in the
solid bulk cargo trade.
4.4
Port Terminal
4.4.1 The Port Authorities shall ensure that shipper gives the latest
and accuratecargo information along with moisture content , transportable
moisture limit, cargo density declaration and other details as specified in
Para 2 of this Notice.
4.2.2
If such shipments
(solid bulk cargo) are transported in ships other than bulk carriers, then
Port terminal should ensure that the ship has proper documentation (approved
stability booklet and a copy of applicable codes/conventions for reference)
issued by the flag state and complies with the applicable provisions of the
BC Code prior to the commencement of loading of cargo and, during loading of
cargo and care required of the cargo during transit.
4.4.3 The Port terminal shall ensure that the applicable provisions of the
(safe Loading and Unloading of bulk carrier) under BLU Code with regard
to ships and terminals are strictly complied with.
4.4.4
The Port terminal
should ensure that the stockpile of such cargoes in port areas is covered to
the extent possible in the wet weather to avoid excessive moisture content
in the cargo which may exceed the transportable moisture limit at the time
of loading.
4.4.5
The Port authorities
shall have the right to stop the loading or unloading of solid bulk cargoes
when the safety of the ship carrying such cargoes is endangered.
4.4.6
The Terminal operators
shall be required to comply with the relevant IMO Codes and recommendations
on ship/ port co-operation.
4.4.7
The Port terminal
personnel should be trained in all aspects of safe loading and unloading of
bulk carriers, commensurate with their responsibilities.
4.4.8
The Port terminal
representative should monitor the weather conditions and provide the Master
with the forecast of any local adverse weather condition.
4.4.9
The Port authority
should not hesitate in notifying the nearest port state control authority
for timely intervention, in case of any beach of provisions of BLU Code or
SOLAS 1974 is apprehended.
4.4.10
The Port should advise
the Master of such vessels (vessels loading solid bulk cargoes) to
participate in the prevailing Ship Reporting System such as INDSAR and
others during their intended voyage.
All concerned in the safe carriage of solid bulk cargoes from Indian ports
or places are urged to comply with these directives and failing which an
appropriate legal action as prescribed in Indian M.S. Act, 1958 and Rule 23
(a)/(b) of M.S. (Carriage of Cargo) Rules, 1995 shall be taken.
Sd/-
(Capt. Deepak Kapoor)
Nautical Surveyor-cum-DDG (Tech) |
