Amendements to Chapter VII-Carriage of Dangerous Goods under International Convention for the Safety of Life at Sea, 1974 (SOLAS), and its applicability

ffi ffi qlff, (r6R / GOVERNMENT OF rNDrA G2@ L rf,{, td cft-crfi,*{ qR{Ff {xrtq ffi*,*****,, MINISTRY OF PORTS, SHIPPING AND WATERWAYS fi-d6-{ rorfrtnrcq, Iiq{ DIRECTORATE GENERAL OF SHIPPING, MUMBAI F. No.25-53011/3/2023-NT-DGs(26453) Date:22112/2023 DGS Order: 26 of 2023 Subiect: Amendments to Chanter Vll-Carriase ofDanserous Goods under International Convention for the Safetv of Life at Sea. 1974(SOLAS), and its aoolicabilitv- res. Whereas, the Govemment of India has ratified the International Convention for the Safety of Life at Se4 1974 (SOLAS), and the Convention entered into force on 25'h May, 1980 through accession. The Convention as modified by the protocol of 1988 entered into force on 22nd November, 2000 through accession. Article 1 of the Convention mandrtes the general obligation ofthe Govemment to undertake all measures which may be necessary to give effect to the Convention. Chapter Vll of SOLAS outlines mandatory regulations for transporting dangerous goods in packaged form. Moreover, the Government of India has acceded to the Annexure III of the Intemational Convention for the Prevention of Pollution from Ships, 1973 (MARPOL), modified by the 1978 Protocol, which includes in its obligatory measures to prevent pollution from harmful substances transported by sea in packaged form. Whereas, the IMDG Code was developed as an international code for the transport of dangerous goods in packaged form. in order to enhance and harmonize the safe, caniage of dangerous goods and to prevent marine pollution. The General Assembly at its 77rn Session in 2002 adopted Resolution A.716 (17), giving the IMDG Code a mandato4'. starus under the umbrella of SOLAS Convention, from l't January, 2004. Whereas, compliance with these regulations involves adhering to the pertinent instructions stipulated under the Intemational Maritime Dangerous Goods (IMDG) Code, which is viewed as an extension of the provisions outlined in SOLAS Chapter VII' MARPOL Annexure III further extends the IMDG Code and contains general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications. Whereas, the Merchant Shipping Act, 1958, as amended incorporates the Convention and is defined at Section 3 (37) as "Safety Convention" means the Convention for the Safety of Life at Sea signed in London on the l't day ofNovember, 1974 as amended from time to time. Further, the mandatory Codes as indicated in the Convention and its amendqents from time to time is in effeOt and applicable to Indian vessels and foreign vessels sailing within Indian jurisdiction. Whereas, The Merchant Shipping Act, incorporates Carriage of Dangerous Goods under Section 331 and provides enforcement provisions under Section 436 Clauses (1) and (2). Whereas, the Government has issued Merchant Shipping (Carriage ofCargo) Rules, 1995 as a l} edi qt.sm, drcr frfu.r, 3id Pi6 2dr *q{, 6igt.fis fu, digrqFf (f,{) 1ffi- aooo+z 9th Floor, BETA Building, l-Think Techno Campus, Kanjur Village Road, Kanjurmarg (E), Mumbai400042measure to give effect to the Convention and as referred under Rule 2(s), "Intemational Maritime Dangerous Goods (IMDG) code" means the Intemational Maritime Dangerous Goods code adopted by the Intemational Maritime Organisation as amended from time to time. Additionaily, under Part III, Rule 9 states that every ship carrying Dangerous goods in packaged form, unless expressly provided otherwise, shall comply with the requirements ofthe IMDG Code. Furthermore, the Government has issued various notices and circulars from time to time providing instructions on the Caniage of Dangerous Goods. These include but are not limited io, MS Notice 06 of 2023,02.05.2023 on Interim Requirements for Ships Carrying Liquefied Hydrogen; MS Notice 04 of2018, 25.07.2018 on Process for approval of Dangerous Goods pickaging Test Centre's; MS Notice 02 of 2016 on Issuance of Document of Ccmpliance for the carriage of dangerous goods on Indian flag cargo ships-reg; MS Notice 21 of 2010, 08.11.2010 on Safe Carriage of cargoes and oil fuels by sea; DGS Circular 0l of 2020, 07.08.2020 on Maritime advisory for the Safe Preparation, Storage, handling and shipment of dangerous goods-reg. Further, guidance on 'to the satisfaction of the Administration' is issued vide MS Notice 15 of 2023 on 09.11.2023. whereas, the Recognised organizations (Ro) were notified vide notification dated 26fi December, 2014, and as indicated, an agreement is entered into with each RO to carryout surveys and certification as per the SOLAS. Noting that, IMo has issued various amendments to the SoLAS from time to time, which is anneied to this Order at "Annexure- 1". As defined in the Merchant Shipping Act, such amendments to the Convention are already in effect and applicable to Indian vessels and foreign vessels sailing within Indian jurisdiction. Furthermore, the IMDG Code is amended on a two-year cycle and the current IMDG Code, 2022 Edition (inc. Amendment 4l-22) comes into force on l't January, 2024 and may be applied voluntarily as from l't January, 2023. Additionally, the IMDG Code Supplement, 2022 E'd'ition renders obsolete the previous 2020 edition. The amendments from time to time to the IMDG Code shall be effective and applicable to Indian vessels and foreign vessels sailing within Indian jurisdiction. The stakeholders are therefore advised to be guided by this Order towards compliance with the provisions to give full effect to the Conventions and the mandatory Codes. ,.nr",,k*Ii Director General of Shipping To, All Stakeholders through DGS WebsiteAnnexure-l Chapter VII ofthe International Convention for the Safety of Life at Sea, 1974' as modified by the protocol of 1988 relating thereto Adoptcd Amcndmcnls to thc ( hapter flectivc E Amendme[ts Date Appendix },II By Date l-13 I 7.Jun.1983 01.Ju1.1986 1983 Amendments Res.MSC.6(48) (Compl et:,ly revised) Res.MSC.l3(57) I LApr.1989 01.Feb. 1992 1989 Amendments 7 Res.MSC.22(59) 23.May.l99l 01.Jan.1994 1991 Amendments 5 7 I(new) Res.MSC.42(64) 09.Dec.1994 01.JuI.1996 1994 Amendments 5.6,6.1 Res.MSC.57(67) 05.Dec.1996 0l.Jul.l998 2,7.t.5 1996 Amendments Res.MSC.69(69) 20.May.1998 0l.Ju1.2002 1998 Amendments 5.6(uel),6 Res.MSC.87(71) 27.May.1999 0l.Jan.200l 1999 Amendments 1.3,14- l6 (new) Res.MSC.l l7(74) 06.Jun.2001 01.Jan.2003 2001 Amendments t4.2 Certificates 2002 Amendments Res.MSC.l23(75) 24.May.2002 01.Jan.2004 t-6,7-74, (Form P, to 74 SOLAS l4 Form R) Res.MSC.l70(79) 09.Dec.2004 01.Jul.2006 t0 2004 Amendments Res.MSC.269(85),An 04.Dec.2008 0l.Jan.20l I 7-1,7-5 2008 Amendments nex2 Res.MSC.325(90) 24.May.2012 0l.Jan.20l4 2012 Amendments 4