Date: 2017-05-31Category: DGS CircularState: Union GovernmentCountry: India
Dispensing with the requirement of 100% Port State Control / Flag State Implementation inspection of all vessels loading cargo of iron ore fines / Concentrates and similar cargo (i.e. when loading of Category 'A' cargoes as per the IMSBC Code) - reg.
**Executive Summary**
This document, NT/ENG Circular No. 2 of 2017 from the Directorate General of Shipping, dated 31.05.2017, addresses dispensing with 100% Port State Control/Flag State Implementation inspection for vessels loading specific cargo, namely iron ore fines/concentrates and similar cargoes (Category 'A' cargoes as per the IMSBC code). The circular aims to reduce undue delays and ensures that appropriate risk assessments and safety measures are in place, referencing various SOLAS regulations, the IMSBC Code, and other MS Notices. Non-compliance may lead to action under the MS Act 1958.
**Key Points / Main Content**
* **Applicability:**
* Applies to all ships (Indian or foreign flagged) in Indian ports/anchorages loading/carrying Category A cargoes as defined by the IMSBC Code.
* Is effective from the date of the circular and should be read in conjunction with specified MS Notices/DGS Circulars.
* **Dispensing with 100% Inspections:**
* Mandatory Port State/Flag State inspections are no longer required for carriage of Category 'A' cargoes but may be conducted under the regular PSC/FSI regime.
* Requirement of obtaining clearance/approval from MMD prior loading / sailing out after loading category 'A' cargos per MS Notice 9 of 2010 is now dispensed with.
* **Requirements for Vessels Loading Category A Cargoes:**
* A Master's declaration must be submitted to the nearest MMD prior to loading that:
* The vessel has been inspected per IMO Resolution A.866(20).
* A risk assessment has been carried out as per company policy.
* All necessary precautions for loading Category 'A' cargoes under applicable International Conventions and Codes have been adhered to.
* Loading will not occur during heavy rains, and hatches will remain closed, except during loading.
* An agreed loading/unloading plan has been agreed between Master and Shipper, with a signed copy to be submitted.
* The agent must submit a declaration from the shipper containing:
* The cargo's Bulk Cargo Shipping Name (BCSN).
* Confirmation of whether the cargo poses a liquefaction hazard.
* Individual declarations for each cargo hold (except where the moisture content is uniform).
* The actual moisture content and Transportable Moisture Limit (TML) as per the IMSBC Code determined by an approved laboratory.
* The shipper's declaration must confirm:
* Samples used for moisture content testing are representative.
* The interval between testing and loading is no more than 7 days, with protection from rain.
* The TML test was conducted within six months of loading.
* **MMD Surveyor Authority:**
* The MMD Surveyor may board the vessel in case of non-compliance or information about high moisture content of Category A cargo being loaded. Boarding will occur after informing the Principal Officer.
**Impact Analysis**
**Stakeholder: Ship Owners/Operators**
* **Impact:** Reduced delays due to dispensed mandatory inspections, but increased responsibility for ensuring safety and compliance with regulations.
* **Action Required:** Implement procedures to deal with cargoes which may liquefy. Ensure vessels meet requirements related to risk assessment, declarations, and loading/unloading plans.
**Stakeholder: Masters of Vessels**
* **Impact:** Greater responsibility for safety and compliance during loading of Category A cargoes.
* **Action Required:** Ensure declarations are submitted, adhere to safety precautions, and agree on loading/unloading plans with shippers.
**Stakeholder: Shippers**
* **Impact:** Must provide accurate declarations regarding cargo moisture content, liquefaction hazards, and sampling.
* **Action Required:** Provide necessary declarations to agents and ensure samples for moisture content testing are representative and testing occurs within the specified timeframe.
**Stakeholder: Agents**
* **Impact:** Responsible for submitting declarations from both the Master and the Shipper to the MMD.
* **Action Required:** Collect and submit required declarations to the MMD prior to the commencement of loading.
**Stakeholder: Mercantile Marine Department (MMD)**
* **Impact:** Lessened workload regarding mandatory inspections, but continued oversight responsibility through regular PSC/FSI regime and potential boarding of vessels.
* **Action Required:** Enforce compliance with the circular, conduct PSC/FSI inspections as needed, and board vessels if non-compliance is suspected.
Key Entities Referenced
Merchant Shipping Act, 1958: Indian law regulating maritime activities, referenced for compliance and enforcement related to cargo handling.
SOLAS 74: The International Convention for the Safety of Life at Sea, 1974, as amended; its Chapter 6 is referenced for the safe carriage of solid bulk cargoes.
IMSBC Code: The International Maritime Solid Bulk Cargoes Code, a supplement to SOLAS, dictating safe practices for solid bulk cargo handling; central to the policy's subject matter.
Directorate General of Shipping: The issuing authority for the circular, responsible for maritime regulations in India.
Mercantile Marine Department (MMD): Indian governmental department for maritime affairs; referenced for requirements related to submitting declarations and potential vessel inspections.
7. Further the ISM Code requires potentially hazardous situations to be risk-assessed, and have
procedures in place to mitigate the accessed risks. lt is strongly recommended that Owners whose
vessels are likely to carry cargoes which may liquefy [Group'A'of IMSBC code] put in place
procedures to deal with any issues which may arise.
B. Applicability
1. ln the IMSBC code, the cargoes have been divided into three groups i.e. namely Group A, B & c.
Group'A' consist of cargoes that may liquefy. This Merchant Shipping Notice is applicable to all
ships, whether lndian or Foreign Flag in an lndian PorUanchorage within the tenitorial waters of
lndia, loading/carry 'Category A' cargoes as defined in IMSBC Code.
2. This Merchant Shipping Notice is applicable from the date of issue and should be read in
conjunction with the following MS Notices/DGS Circulars:
-
MS Notice No. 9 of 2010 (except clause 1 & 2), dated 27th August, 2010; Safe loading,
stowage, carriage and discharging of iron ore fines on ships from lndian Ports in fair and foul
season.
-
MS Notice 34 of 2009 dated 25 September 2009: Additional safeguards for carriage solid bulk
cargoes especially iron ore fines from lndian Ports.
-
MS Notice 31 of 2009 dated 23 September 2009; Safe loading of solid butk cargo wilh special
reference to iron ore fines from lndian ports.
c. Detailed Requirements
1. The conduct of a Port StateiFlag State lnspections is no longer a mandatory requirement for
carriage of Category'A' cargoes as per the IMSBC code. The Port State/Flag State inspections
are required to be carried out only in accordance with IOMOU Procedures/MS Act 1958, as
amended and as per the various MS Notices and circulars issued by the Directorate from time to
time.
2. All vessels loading 'Category A' Cargoes need to submit the following to the nearest Mercantile
Marine Department (MMD) at the earliest and in any event prior to the commencement of loading:
a) A declaration from the Master of the loading vessel containing the following aspects:
(i).
That the Vessel has been inspected as per the provisions of "Guidance to ships crew
and terminal personnel for bulk carrier inspections", IMO Resolution A.866 (20);
(ii).
That a risk assessment has been carried out prior loading'Category A'Cargoes in line
with Company policy/Safety Management Systems and/or as per guidelines of the
various P&l insurance clubsiclass societies;
(iii).
That all necessary precautions for loading 'Category A'cargoes required under various
applicable lnternational Conventions and Codes have been adhered to;
(iv).
The declaration should further confirm that loading will not be undertaken during heavy
rains and that the cargo hatches will be kept closed at all times, except for loading. This
declaration may be submitted by the ship agent to the MMD Surveyor on behalf of the
Master of the vessel.
(v).
Loading/ unloading plan to be agreed between Master& Shipper & a signed copy to be
submitted along with the above documents.b) The agent should also submit a declaration containing the following information from the
shipper duly addressed to the concerned MMD/PO/SIC, prior to the commencement of
loading.
(i).
Name of the cargo using the Bulk Cargo Shipping Name(BCSN) as detailed in the
IMSBC Code;
(ii).
The declaration should indicate whether the cargo is associated with liquefaction
hazard:
(iiD.
The declaration has to be individual provided for each cargo hold (except where the
moisture content of cargo is clearly uniform);
(iv)
The actual moisture content and transportable moisture limit as defined by Section 8
of IMSBC Code as amended and determined by a laboratory approved by Director
General of Shipping in accordance with MS Notice 14 of 201 6 dated 28th November
2016.
c) The said declaration in paragraph 2b) above from shipper should state the following in an
un-equivocal term:
(i)
That the samples used to determine the average moisture content are representative
of the whole shipment;
(ii)
The interval between the testing for moisture content and loading of cargo is no more
than 7 days and there is no rain between the time of testing and loading or the cargo
is kept protectively covered from rains as the case may be;
(iii).
The test to determine TML of the cargo has to have been conducted within six months
to the date of loading of the cargo;
J. The requirement of obtaining clearance/ approval from concerned Mercantile Marine
Department prior loading / sailing out after loading category 'A' cargos as per MS Notice 9 of
2010 is now dispensed with.
4. The requirement of 100% Port State Control / Flag State lmplementation inspection of all
vessels loading cargo of iron ore fines / concentrates and similar cargo, as per MS Notice No.
9 of 2010 dated 27th August, 2010 is dispensed with. However, PSC/FSI inspections may be
conducted as part of regular PSC/FSI regime implemented by D.G Shipping vide various
issued M.S Notices, Standard Operating Procedures and IOMOU procedures as amended.
5. Mercantile Marine Department(MMD) Surveyor from the concerned MMD may board the
vessel in case of non-compliance with the requirements of this Circular and/or other applicable
regulations / statutes of law or in case of any information received from any port about the high
moisture content of the Category 'A'(e.g. lron Ore etc.) being loaded. The boarding of vessel
will be only carried out after prior intimation to the jurisdictional Principal Officer and thereby
followed up with a report on the findings of such inspection to the jurisdictional Principal
Officer.D. Non-compliance with this circular by Owner, Master, Agent and/or the Shipper thereof will lead to
appropriate action in accordance with the provisions of MS Act 1958, as amended and/or the
applicable International Conventions.
This Circular is issued with the approval of the Director General of Shipping.
$&'!r
(Vikrant Rai)
Engineer & Ship Surveyor - cum- D-DG (Tech)
To,
1. The Principal Officer, Mercantile Marine department, Mumbai/ Kolkata/ Chennai/ Cochin.
2. The Surveyor-in-charge, Mercantile Marine Department, Goa/ Jamnagar/ port Blair/
Visakhapatanam / Tuticorin/ Delhi/ Haldia/ Paradip/ Mangalore.
3. All Classification Societies.
4.
lndian National Shipowners' Association (INSA), Mumbai
5. All Shipping Companies
6. AdII,D-G/CS/NA/CSS
7.
Sr.PS to DGS
8.
Hindi Cell
9.
Guard file.
'10. Computer Cell.