**Executive Summary**
This Merchant Shipping Notice (No. 09 of 2016), dated September 30, 2016, extends the period for implementing verified gross mass (VGM) of container guidelines up to November 30, 2016. It reiterates the importance of a practical and pragmatic approach during this extension and urges stakeholders to migrate to electronic data transmission. It also clarifies and amends a point in MS Notice No. 4 of 2016, emphasizing automatic capture and transmission of VGM data to shippers.
**Key Points / Main Content**
* **Extension of Implementation Period:**
* The deadline for taking a practical and pragmatic approach to implementing VGM guidelines is extended to November 30, 2016.
* Physical documents will continue to be accepted until November 30, 2016.
* **Transition to Electronic Format:**
* Stakeholders are urged to migrate to electronic data transmission to enhance transparency and accountability.
* Benefits of electronic transmission should be accrued at an early date before 30.11.16
* **Clarification on Weighbridge/Weighing Appliances:**
* Para 15.3 of M.S. Notice No. 4 of 2016 is amended to emphasize that the verified gross mass (VGM) of the container obtained at the weighbridge/weighing appliances shall be automatically captured and transmitted electronically to the shipper (or his representative) directly without any manual intervention. It shall be the responsibility of the shipper.
* **Caution Against Additional Costs:**
* Intermediaries are cautioned against leveraging safety regulations to impose additional burden/cost on the exporter of cargo from India.
* All concerned are urged to ensure the ease of doing business in India improves in a transparent manner and logistic costs are reduced in India.
* Monopolistic practices are to be avoided and fair competition to be ensured.
**Impact Analysis**
**Stakeholder:** Shippers/Exporters
**Impact:**
* The extension allows more time to adapt to VGM guidelines.
* The emphasis on electronic data transmission requires investment and adaptation.
**Action Required:**
* Continue with a practical approach to VGM implementation until November 30, 2016.
* Migrate to electronic data transmission of VGM information.
**Stakeholder:** Weighbridge/Weighing Appliance Operators
**Impact:**
* Requirement to ensure weighbridges/weighing appliances automatically capture and transmit VGM data electronically.
**Action Required:**
* Ensure weighbridges/weighing appliances are equipped to automatically capture and transmit VGM data electronically to the shipper (or his representative) without any manual intervention.
**Stakeholder:** Intermediaries
**Impact:**
* Increased scrutiny on costs charged to exporters.
**Action Required:**
* Avoid imposing additional burdens/costs on exporters related to VGM regulations.
**Stakeholder:** Directorate General of Shipping
**Impact:**
* Responsible for ensuring fair playing field and healthy competition exists for the benefit of the trade
**Action Required:**
* Implement the guidelines to the letter and spirit.
Key Entities Referenced
SOLAS Convention: International Convention for the Safety of Life at Sea, particularly Chapter VI regarding verified gross mass (VGM) of containers.
Merchant Shipping Notice: A type of notice issued by the Directorate General of Shipping to communicate important information and guidelines to stakeholders in the maritime industry.
Directorate General of Shipping: The primary regulatory body in India responsible for maritime affairs, including issuing notices related to shipping regulations and guidelines.
Verified Gross Mass (VGM): The verified weight of a packed container, required by the SOLAS Convention to ensure safe stowage and transport of containers.
Ministry of Shipping: The government ministry responsible for overseeing the maritime sector in India.
qiltr {qi
ETR T SS5R / GOVERNMENT OF INDIA
+d qfud-nd drmq / MrNrsrRy oF sHrppING
dtd-6-d F6rBtRrTorq / DIR E croRATE G EN E RAL o F sH IpprNG
tfrrhtfr : 022 - 2s1 s2o4oI I t2 t3 "kaffiizr,9arifrfr/"BETABUILDING",g'hFLooR Tele: 022- 25752040fin13
Smlr: 022 - 257s2029 r 3s 3{6-Pli6tr-d*eqrrlt-rsnKTEcHNoCAMPUS R,.xz022-25752029 t3s
a 5! -. a.. <{ : !!8!,!!88!I@!!! 6iqrfrtg / KANJUR VILLAGE ROAD E-mail: dss\io-4ss@nic.ip
idt; www;deshipojns.eovrin 6id{Tr46{O /KANJURMARG(EAST; web: ww,w.dqshiooinq.sov.jn
ri<'6 - +oo M2 / MUMBAI - 4oo 042
F. No. 75-NT (4)/2015-Vol - II Dated : 30.09.16
Merchant Shipping Notice No. 09 of 2016
clarifications - reg.
I
This office had issued M.S. Notice No. 04 of 2016 [F.No. 75-NT (4)12015) dated
I1.05.16 setting out guidelines for implementing the amendments to Regulation2 of Chapter-
VI of SOLAS Convention concerning verified gross mass [VGM] of containers. Further, a
supplementary/clarificatory M.S. Notice No. 7 of 2016 dated 24.06.16 was issued thereon by
this office, requiring all stakeholders to ensure that a practical and pragmatic approach was
taken while implementing the guidelines for a period till 30.09.16.
2
Considering that the implementation of the guidelines is still in its initial stages and
remote locations require additional time for gearing up to implement the guidelines, it is
necessary that the practical and pragmatic approach suggested in the International Maritime
Organization's Circular MSC.l/Circ.1548 dated23'd May 2016, be extended for a further
period, so that the export trade of India continues without hindrance. Accordingly, it is
decided that all stakeholders shall continue to ensure that a practical and pragmatic approach
is taken while implementing the guidelines for a further period of two months up to
30.11.2016. During this extended period of practical and pragmatic approach, documents in
physical format shall continue to be accepted.
3 Even though physical documents shall be accepted till 30.11.16, attention of all
concemed is invited to one of the key aspects of the guidelines, which was to improve the
ease of doing business in India by migrating processes from a paper based format to an
electronic format, so that the disadvantages of the paper based approach is overcome and
transparency, accountability, etc., gets enhanced. All concerned are therefore urged to
migrate to the electronic format at an early date before 30.11.16, so that the benefits of using
electronic means of transmission of data can accrue from an early date.
4
While migrating to the electronic format, attention of all concerned is invited to Para
33 of the M.S. Notice 4 of 2016, which states that 'the weighbridge/weighing appliances
sholl have tamper proof mechanism that prevents tampering with the calibration'. It is
therefore essential that the verified gross mass of the container obtained at the
weighbridge/weighing appliances is automatically captufed gnd transmitted electroqicalllr to
.
Accordingly, to
avoid confusion, the first part of Para 15.3 of the said M.S. Notice is amended to read as
follows:
"15.3 The verified gross mass of the container obtained at the weighbridge/weighing
appliances shall be autolnatically capture4 and transmilted electronicallv to the
It shall be the
responsibility of the shipper......
Page 1 of 21
5
This office has also issued M.s. Notice 8 of 2016 dated 23.0g.16 cautioning
intermediaries between the shipper and the ship not to leverage the safety regulation to
impose additional burden/cost on the exporter of cargo from India. This office re-iterates this
aspect and urges all concemed to implement the guidelines in letter aad spirit to ensure that
the ease of doing business in India improves in a transparent manner and logistic costs are
reduced in India. This office also cautions all concemed to avoid monopolistii practices and
to ensure that fair playing field and healthy competition exists for the benefit ofthe trade.
6
This M.s. Notice is issued with the approval of the Director General of Shipping and
comes into force with immediate effect.
C
Deputy Nautical Adviser to the Gorrt. of India
Page 2 of 2