**Executive Summary**
This DGS Order (23 of 2023), dated December 22, 2023, addresses the amendments to Chapter VI of the International Convention for the Safety of Life at Sea, 1974 (SOLAS), and their applicability. It emphasizes the government's commitment to enforcing the SOLAS Convention and its amendments, including the International Maritime Solid Bulk Cargoes (IMSBC) Code and the International Grain Code, within the Indian jurisdiction. The order advises stakeholders to comply with these provisions to ensure the safety of life at sea. Effective 1st January, 2024, there are two amendments to the IMSBC Code: Amendment 06-21 (mandatory) and Amendment 07-23 (voluntary).
**Key Points / Main Content**
* **SOLAS Convention and Amendments:**
* The Government of India has ratified the SOLAS Convention, with compulsory rules in Chapter VI for carrying solid bulk cargo.
* Amendments to the Convention, as issued by the IMO, are in effect and applicable to Indian and foreign vessels sailing within the Indian jurisdiction.
* The Merchant Shipping Act incorporates Chapter VI of SOLAS under Sections 330, 331A, and 332, providing powers to make rules for timber cargo, grain loading, and carriage of grain.
* **IMSBC Code:**
* The IMSBC Code expands on SOLAS rules for carrying solid bulk cargo and became mandatory under SOLAS on January 1, 2011.
* The Maritime Safety Committee (MSC) is authorized to adopt amendments to the IMSBC Code.
* Effective January 1, 2024, there will be two concurrent amendments to the IMSBC Code: Amendment 06-21 (mandatory) and Amendment 07-23 (voluntary).
* **International Grain Code:**
* The International Grain Code has particular rules for carrying cargo of grain in bulk and has been mandatory under SOLAS Chapter VI since January 1, 1994.
* The International Grain Code has been adopted in the Indian Legislation under Section 332 of the Merchant Shipping Act.
* **Guidance and Compliance:**
* Stakeholders are advised to be guided by the order towards compliance with the provisions of the International Convention for the Safety of Life at Sea and the mandatory codes.
**Impact Analysis**
**Stakeholders:** Indian vessels and foreign vessels sailing within the Indian jurisdiction.
**Impact:**
* Must comply with the amendments to Chapter VI of SOLAS, the IMSBC Code, and the International Grain Code.
* Must adhere to the mandatory codes and their amendments to ensure safety during the carriage of cargo.
* Must refer to Annexure-1 for a detailed list of amendments to the SOLAS convention.
**Action Required:**
* Review and understand the amendments to SOLAS, IMSBC Code, and the International Grain Code.
* Ensure operational procedures are updated to reflect the changes.
* Comply with the latest requirements for the carriage of solid bulk cargoes and grain.
* Adhere to the Merchant Shipping Act provisions related to cargo carriage.
Key Entities Referenced
International Convention for the Safety of Life at Sea, 1974 (SOLAS): The primary international maritime treaty concerning safety standards for ships, the document amends Chapter VI related to carriage of cargo.
Merchant Shipping Act, 1958: Indian law that incorporates the SOLAS Convention and provides legal basis for maritime regulations in India.
International Maritime Solid Bulk Cargoes (IMSBC) Code: International code providing guidelines for the safe stowage and shipment of solid bulk cargoes; the document discusses amendments.
Directorate General of Shipping, Mumbai: The issuing authority of the order and the key regulatory body for shipping in India.
International Code for the Safe Carriage of Grain in Bulk (International Grain Code): A code that outlines specific rules for the safe transport of grain in bulk on ships.
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DIRECTORATE GENERAL OF SHIPPING, MUMBAI
F.No. 25153012/4/2023-NT-DGS (26455) D*e:22.12.2023
DGS Order: 23 ot 2023
Subiect: Amendments to ChaDter VI - Car ofCarso of the International Convention
Safetv of Life at Sea. 1974 (SOLAS). and its annlicabilitv- res,
Whereas, the Government of India has ratified the lntemational Convention for the Safety of Life
at Sea, 1974 (SOLAS), and the convention entered into force on 25s May, 1980 through
accession. The Convention as modified by the protocol of 1988 entered into force on 22nd
November,2000 through accession. Article I ofthe Convention mandated the general obligation
of the Govemment to undertake all measures which may be necessary to give eIlect to the
Convention.
Whereas, the SOLAS Convention of 1974, with its amendments, has cumpt lsory rules in
Chapter VI for carrying solid bulk cargo. The Intemational Maritime Solid Bulk Cargoes
QMSBC) Code expands on these rules and replaces the Code of Safe Practice for Solid Bulk
Cargoes (BC) Code. The IMSBC Code aims to make the stowage and shipment of solid bulk
cargoes safer by providing information on the risks ofcertain kinds of solid bulk cargoes and the
steps to be taken while shipping such cargoes. The IMSBC Code became mandatory underthe
SOLAS Convention on I'r January, 2011, after its adoption by Resolution MSC.268 (85) on 4h
December, 2008.
Furthermore, the Intemational Code for the Safe Caniage of Grain in Bulk (lntemational Grain
Code) l99l has particular rules for carrying cargo ofgrain in bulk. The Intemational Grain Code
was adopted by Resolution MSC. 23 (59), and its application has been mandslory under SOLAS
Chapter VI, since l't January, 1994.
Whereas, the Merchant Shipping Act, 1958, as amended, incorporates the Convention and is
defined at Section 3 (37) as "Safety Convention" which means the Convention for the Safety of
Life at Sea signed in London on the l'r day of November, 1974 as amended from time to time.
Further, the mandatory Codes as indicated in the Convention and its amendments from time to
time are in effect applicable to Indian vessels and foreign vessels sailing within the Indian
jurisdiction.
Whereas, the Merchant Shipping Act, incorporates Chapter Vl-Caniage of Cargo of SOLAS
under Sections 330, 331A, 332. The Merchant Shipping Act, Section 330 provides for powers to
make rules as to timber cargo and Section 331-A provides for Grain-loadil'1 plan and Section
332 provides for carriage of grain. The Merchant Shipping Act, section 436 (l) and (2)
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provides enforcement provisions. The Intemational Grain Code has been adopted in the Indian
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sFl/rel No.: +g1-22-2575 2O4Oht2l3 fiff/F",.., +g1-22-2575 2)2gl35 t-tiI/emait: dgship{gs@nic.in tQ{t{dMebsite: www.dgshipping.gov.inLegislation under Section 332 ofthe Merchant Shipping Act and Rule l7 of Merchant shipprng
(Caniage of Cargo) Rules, 1995.
whereas, the Govemment has issued Merchant Shipping (carriage of cargo) Rules, 1995 &
Merchant Shipping (condition for carriage of Livestocks) Rules, 2020, as a measure to give
effect to the Convention. As a measure to give effect to the Convention and as referred under
Rule 2(c) ofthe Merchant Shipping (carriage ofcargo) Rules, 1995, "BC cor!e,'rreans the code
of safe practice for solid bulk cargoes adopted by the International Maritime Organisation as
amended from time to time, which has been now replaced by Intemational Maritime Solid Bulk
Cargoes (IMSBC) Code.
Furthermore, the Govemment has issued various executive orders, notices and circulars fromtime
to time providing instructions on the caniage of cargo. These include but are not limitedto, DGS
order 06 of 2021 dated 27.01.2021 on Merchant Shipping (conditions for caniage of Livestock)
Rules,2020; DGS order 04 of2019 dated 12.09.2019 on carriage of Livestock by the vessels
registered under The Merchant Shipping Act,l958 - reg.; MS Notice 15 of 2016 dated
29-11.2016 on verified gross mass of container; MS Notice 14 of 2016 dated 29.11.2016 on
Amendments to the IMSBC code and the revised scrutiny sheet for assessment and approval of
laboratories engaged in the testing of cargo for carriage on board merchant siiip, as per the
IMSBC code - reg.; MS Notice 09 of 2016 dated 30.09.2016 on Implementing verified gross
mass of container guidelines; MS Notice 07 of 2016,22.06.2016 on Supplementary/clarificatory
additionalities to the guidelines issued vide this office MS Notice. 04 of20l6 dated 11.05.2016
concerning verified gross mass of containers - reg; MS Notice 04 0f2016 dated I1.05.2016 0n
Guidelines for implementing amendment to Regulation 2 of chapter VI; MS Notice 17 of 2014
dated 03.09.2014 on Approval of Marine Laboratoriesengaged in testing cargo for caniage; MS
Notice 2l of 2010 dated 08.1t.2010 on Safe carriage of cargoes and oil fuels by sea; DGS
Circular 04 of202l dated 25.01.2021on Standard Operating Procedure (SOP) for certification of
vessels for caniage of Livestock, as per Merchant shipping (conditions for carriage of
Livestock) Ruleg 2020.
Further, guidance on'to the satisfaction of the Administration' is issued vide MS Notice 15 of
2023 on09.11.2023.
whereas, the Recognised organizations (Ro) were notified vide notification dated 26h
December, 2014, and as indicated, an agreement is entered into with each Ro to carryout surveys
and certification as per the Convention.
Noting that, IMo has issued various amendments to the convention from time to time, which is
annexed 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 the Indian jurisdiction.
Additionally, the Maritime Safety Committee (MSC) is authorized by the IMO to
Adopt
amendments to the IMSBC code. The IMSBC code is amended on a two-year cycle and with
effect from lst January, 2024, therc will be two amendments to the IMSBC Code running
concurrently with each other: Amendment 06-21 (mandatory) and Amendment 07-23
(voluntary). The amendments from time to time to the code shall be effective and applicable to
Indian vessels and foreign vessels sailing within the Indian jurisdiction. k"-
The stakeholders are therefore advised to be guided by this order towards compliance with
the provisions to give full effect to the Intemational Convention for the Safety of Life at Sea and
the mandatory Codes.
(Shyam
Director General of Shipping
To,
AII Stakeholders through DGS WebsiteI
Annexure -
chapter vI ofthe International convention for the safety of Life at Sea, 1974, as
modified by the protocol of 1988 relating thereto
Adopted
Amcndurrnts t0 Chnptcrs
Amefidxrerlts
Effectivc
By Dntc Date \,,I Appcntliir
1981 Amendments Res.MSC.1 (4s) 20.Nov.1981 01.Sep.1984 l, Part B/ Sec.V/
(A), (B)(a)(ii)
Res.MSC.22 (59) 23.May.1991 0l.Jan.l994 l-9 (Comolet"ly
1991 Amendments
revised)
Res.MSC.42 (64) 09.Dec.1994 0l.Jul.1996
1994 Amendments 2.1,5,6
SOLAS/CON 29.Nov.1995 01.JuI.1997
1995 Amendments
5.6
F.3/46
Res.MSC.47 (66) 04.Jun.1996 01.JuI.1998
1996 Amendments )) 1
Res.MSC.69 (69) 20.May.1998 01.JuI.2002
1998 Amendments
5.6
2002 Amendments Res.MSC.l23 (75) 24.May.2002 0l .Jan.2004 Certificates
2,5,2
to 74 SOLAS (Form P, Form R)
Res.MSC.l94 (80), 20.May.2005 01.Jan.2009
2005 Amendments
Annex 2 7 Certificates (PS)
2007 Amendments Res.MSC.239 (83) 12.Oct.2007 01.JuI.2009 Certificates
5-1
(PS,PNUC,CNUC)
Res.MSC.269 (85), 04.Dec.2008 0l.Jan.201l
2008 Amendments t-t,r-2,2,3,6,7
Annex 2
Certificates
Res.MSC.282 (86) 05.Jun.2009 0l.Jan.20l I
2009 Amendments l, (Form P, Form E,
5-1
Form PNUC, Form
CNUC)
Res.MSC.325 (90) 24.May.2012 01.Jan.2014
2012 Amendments 5-2 (new)
2014 Amendments Res.MSC.380(94) 21.Sep.2014 01.JuI.2016 Certificate (SE)
2