IMSML Website Article 41/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 1 of 7), Section 1 - General Provisions
This article on Amendment 07-23 to the IMSBC Code has many parts to it. It ranges from Section 1 on ‘General Provisions’ to Section 13 on ‘References to related information and recommendations’. There are five Appendices, from Individual Schedules of Solid Bulk Cargoes (Appendix 1) to ‘Bulk Cargo Shipping Names in three languages (English, French and Spanish)’ in Appendix 5.
Resolution MSC.539(107) was made by the Maritime Safety Committee (MSC) at its 107th Session. It is applicable in Malaysia via Appendix 1 of the Malaysian Shipping Notice (MSN) 12 / 2023. It is subject-matter Number 8 in Appendix 1 of MSN 12 / 2023.
In summary, Resolution MSC.539(107) adopts Amendments 07-2023 of the IMSBC Code as part of its regular review which includes new individual cargo schedules for:
[1] Celestine concrete;
[2] Crush grandiosity fines;
[3] Ground granulated blast furnace slag powder; AND …
[4] Magnesite fines.
Alignment of the stabilisation requirements are also a part of Amendments, including:
[1] Fish meal with the IMDG Code;
[2] Classification as MHB (SH) instead of class 9;
[3] Alignment of IMBSC Code with SOLAS on the declaration of solid bulk density.
Note, that the amendments to the IMBSC Code will enter into force on 1 January 2025.
Section 1 - General Provisions
Section 1.1 - Introductory Note
The IMBSC Code recognises that the international regulations exist side-by-side with national regulations, and that the latter may recognise all or only parts of the Code. Port authorities and other bodies (and organisation) ‘should’ recognise the Code. It should thus be used as a basis for the storage and handling bye-laws within the loading and discharge areas.
Section 1.2 - Cargoes Listed in the Code
Schedules explaining properties and methods of handling for individual cargoes are not exhaustive, and are intended only for guidance. Prior to loading, it is essential to obtain the current valid information from the shippers on the physical and chemical properties of the cargoes presented for shipment, see Section 1.2.1.
Where solid bulk cargoes are specifically listed in Appendix 1, it shall be transported in accordance with its provisions. Consultation with the port authorities at loading and discharge should be done by the master, see Section 1.2.2.
Section 1.3 - Cargoes NOT Listed in this Code
The shipper is to provide the load port’s competent authority with the characteristics of the cargo. An assessment will then be made whether the cargo is safe for shipment, see Section 1.3.1.
When solid bulk cargo is assessed and determined that it may present hazards, advice is to be sought from the competent authorities at the discharge port and flag state on how to proceed. Preliminary suitable conditions will be set by the competent authorities, see Section 1.3.1.1.
When no specific hazards are identified after assessment, the carriage of the cargo shall be authorised and the discharge port’s competent authorities and flag state shall be advised of this authorisation, see Section 1.3.1.2.
The load port’s competent shall do the following as identified under Section 1.3.2:
[1] Provide the master a certificate stating the characteristics of the cargo;
[2] The certificate should state the required conditions for carriage and handling of this shipment;
[3] An application by the competent authority should be submitted to IMO within one year of the certificate’s issuance;
[4] After [3] above is complete, the cargo can be incorporated in the solid bulk cargo of Appendix 1 of the Code.
Section 1.3.3 provides for the format for the properties of cargoes not listed in this Code and its accompanying conditions of carriage:
[1] Bulk cargo shipping name (this is tentative and should be in capital letters);
[2] Description of the cargo;
[3] Characteristics of the cargo:
[a] Physical properties - Size, angle of repose, bulk density (kg/m3) and stowage factor (m3/t);
[b] Hazard classification - Class, subsidiary hazard(s), MHB and Group.
[4] Clarifying ‘hazards’ of carriage of the cargo;
[5] Stowage and segregation;
[6] Hold cleanliness;
[7] Weather precautions;
[8] Loading;
[9] Precautions;
[10] Ventilation;
[11] Carriage;
[12] Discharge;
[13] Clean-up;
[14] Specify emergency procedures for the cargo, if necessary, for example:
[a] Special emergency equipment to be carried;
[b] Emergency procedures;
[c] Emergency action in the event of fire;
[d] Medical first aid;
Section 1.4 - Application and Implementation of this Code
General rule - mandatory for ships carrying solid bulk cargoes as defined under Regulation 1-1 of Part A, Chapter VI of the SOLAS Convention, see Section 1.4.1.
Exception - Section 1.4.2 provides the following parts are recommendations or informative:
[1] Section 11 - Security provisions (except 11.1.1);
[2] Section 12 - Stowage factor conversion tables;
[3] Section 13 - References to related information and recommendations;
[4] Appendices other than Appendix 1 (Individual schedules of solid bulk cargoes);
[5] Appendices other than Appendix 5 (Bulk Cargoes Shipping Names in three languages, ie English, French and Spanish);
[6] Texts in the following Sections:
[a] Description;
[b] Characteristics (other than Hazard classification);
[3] Hazard;
[4] Emergency procedures of individual schedules of solid bulk cargoes in Appendix 1.
For particular prescribed actions that have not been assigned a specific party to carry out the action, Section 1.4.3 provides for the following:
[1] It is not necessary to make the assignment, but to only identify the action itself;
[2] The prerogative to assign this responsibility remains with each Government;
[3] Responsibility may vary according to the laws and customs of different countries.
Section 1.5 - Exemptions and Equivalent Measures
Competent authorities which can provide exemptions include Port State of Departure, Port State of Arrival, or Flag State, see Section 1.5.1. The exemption can be provided if the competent authority is satisfied that it is effective and safe as required by the Code, see Section 1.5.1. Before any shipment, the recipient of the exemption shall notify other competent authorities which did not authorise the exemption, see Section 1.5.1.
Section 1.5.2 provides for procedures post-granting of the exemption:
[1] The competent authority shall send a copy of the exemption to IMO;
[2] The competent authority shall bring the exemption to the Contracting Parties to SOLAS;
[3] The competent authority shall take action to amend the Code to include provisions covered by the exemption.
What is the period of exemption? Not more than 5 years from the date of authorization, see Section 1.5.3.
Does a copy of the exemption (or an electronic copy thereof) need to be maintained on board each ship transporting solid bulk cargoes in accordance with the exemption? Yes !!! See Section 1.5.4.
Contact information for the main designated national competent authorities is given in a separate document issued by IMO, see Section 1.5.5.
Chapter VI - Carriage of Cargoes and Oil Fuels
PART A - General Provisions
Regulation 1 - Application
This regulation applies to cargo ships of less than 500 gross tonnage, unless expressly provided otherwise, see Regulation 1.1. Cargoes not covered include liquids in bulk, gases in bulk and aspects covered by other chapters, see Regulation 1.1. Other effective measures may be taken to ensure the safety of ships where the sheltered nature and conditions of voyage are such as to render specific requirements of the chapter unreasonable or unnecessary, see Regulation 1.1. Additional precautions necessary for the safe carriage of cargoes can be used by Contracting Governments to supplement Parts A and B of this Code, see Regulation 1.2.
Regulation 1-1 - Definitions
‘IMBSC Code’ is a reference to the International Maritime Solid Bulk Cargoes (IMSBC) Code adopted by IMO’s MSC via Resolution MSC.268(85), as amended, see Regulation 1-1.1. ‘Solid bulk cargo’ any cargo (other than liquid or gas, consisting of a combination of particles, granules or any larger pieces of material generally uniform in composition) which is loaded directly into the cargo spaces of a ship without any intermediate form of containment, see Regulation 1-1.2.
Regulation 1-2 - Requirements for the Carriage of Solid Bulk Cargoes Other Than Grain
The IMBSC Code applies to the carriage of solid bulk cargoes other than grain, see Regulation 1-2.
Regulation 2 - Cargo Information
It is mandatory for the shipper to provide the master (or his/her representative) with the appropriate information sufficiently in advance. This ensures precautions for the necessary proper stowage and safe carriage of the cargo to be implemented, see Regulation 2.1.
Regulation 2.2 mandates that cargo information shall include:
[1] Gross mass of the cargo or cargo units, and any special properties (ie applying sub-chapter 1.9 of the Code of Safe Practice for Cargo Stowage and Securing adopted by IMO’s Resolution A.714(17), see Regulation 2.2.1;
[2] Information required by Section 4 of IMSBC Code for solid bulk cargo, see Regulation 2.2.2.
For cargo units, prior to loading, the shipper shall verify that the gross mass is in accordance with declaration on the shipping documents, see Regulation 2.3.
Except for containers carried on a chassis or trailer on board a ro-ro ship engaged in short international voyages, when cargoes are carried in a container, under Regulation 2.4, the gross mass shall be verified by the shipper in accordance with the following:
[1] Weighing the packed container using calibrated and certified equipment (see Regulation 2.4.1); OR …
[2] Weighing all packages and cargo items (including the mass of pallets, dunnage and other securing material to be packed in the container) and adding the rare mass of the container to the sum of the single masses. This must be done using a certified method approved by a competent authority of the State where the packaging was completed (see Regulation 2.4.2).
The following shall be done with respect to a document for a container with verified gross mass:
[1] Signed by a person duly authorized by the shipper (see Regulation 2.5.1);
[2] Submitted by the master (or their representative) to the terminal representative sufficiently in advance, to be used in the preparation of the ship stowage plan, see Regulation 2.5.2.
What if the shipping document with respect to a packed container does not provide the verified gross mass, and the master (or their representative) have not obtained the verified gross mass of the packed container? That container shall not be loaded onto the ship, see Regulation 2.6.
Regulation 3 - Oxygen Analysis and Gas Detection Equipment
Under Regulation 3.1, an IMO approved appropriate instrument for measuring the concentration of gas or oxygen in the air shall be used when transporting a solid bulk cargo (complete with detailed instructions for its use):
[1] Liable to emit a toxic or flammable gas; OR …
[2] Cause oxygen depletion in the cargo space.
Note, that IMO shall take steps to ensure that crews of ship are trained in the use of such instruments, see Regulation 3.2.
Regulation 4 - The Use of Pesticides in Ships
Appropriate precautions shall be taken. Particular attention should be paid for the purposes of fumigation.
Regulation 5 - Stowage and Securing
Whether cargo units are carried on or under deck, loading, stowage and securing of the cargo is to prevent (as far as is practicable) the following throughout the voyage (see Regulation 5.1):
[1] Damage to the ship;
[2] Hazard to persons on board;
[3] Loss of cargo overboard.
Cargo units shall be so packed and secured within the unit, so as to prevent [1]-[3] above, see Regulation 5.2.
What is to be done for heavy cargoes or those with abnormal physical dimensions? Additional precautions shall be taken to ensure (see Regulation 5.3):
[1] No structural damage to the ship occurs;
[2] Maintain adequate stability throughout the voyage.
What are the specific appropriate precautions for cargo units on board ro-ro ship? Securing arrangements are to take into account securing points and lashings, see Regulation 5.4.
What is the maximum load for freight containers? It is the maximum gross weight indicate on the Safety Approval Plate under the International Convention for Safe Containers (CSC), as amended, see Regulation 5.5.
What is the role of the Cargo Securing Manual approved by IMO? All cargoes (other than solid and liquid bulk cargoes, cargo units and cargo transport units) shall be loaded, stowed and secured throughout the voyage in accordance with the CSC, see Regulation 5.6. Specifically for or-ro space, securing in accordance with CSC shall be completed before the ship leaves the berth, see Regulation 5.6.
Part B - Special Provisions for Solid Bulk Cargoes
Regulation 6 - Acceptability for Shipment
What comprehensive information shall a master possess prior to loading solid bulk cargo? Regulation 6.1 provides for two things:
[1] Comprehensive information on the ship’s stability; AND …
[2] Distribution of the cargo for standard loading conditions.
Regulation 7 - Loading, Unloading and Stowage of Solid Bulk Cargoes
Who is a ‘terminal representative’? Under Regulation 7.1, this is a person appointed by the terminal (or other facility):
[1] Where the ship is loading or unloading;
[2] A person who has the responsibility for operation conducted by that terminal or facility with regard to the particular ship.
What is the content of the booklet (written in English) provided to the master to prevent excessive stress on the ship’s structure:
[1] Stability data, see Regulation 7.1.1;
[2] Ballasting and deballasting rates and capacities, see Regulation, see Regulation 7.1.2;
[3] Maximum allowable load (per unit surface area of the tank top plating, see Regulation 7.1.3;
[4] Maximum allowable load per hold, see Regulation 7.1.4;
[5] General (un)loading instructions taking into account the strength of the ship’s structure, inclusive of any limitations on the most adverse operating conditions, see Regulation 7.1.5;
[6] Special restrictions, eg limitations on the most adverse operating conditions imposed by IMO (or an IMO recognised organisation), see Regulation 7.1.6;
[7] Maximum permissible forces and moments on the ship’s hull during loading, unloading and the voyage (ie where strength calculations are required), see Regulation 7.1.7.
What shall the master and terminal representative agree on the plan for loading and unloading of solid bulk cargo? See Regulation 7.3 - Permissible forces and moments on the ship are not exceeded, taking into account:
[1] Sequence, quantity and rate of loading and unloading (and speed);
[2] The number of pours;
[3] Deballasting or ballasting capacity of the ship.
Who shall ensure that the loading and unloading operations are conducted in accordance with the agreed plan? Both the master and the terminal representative, see Regulation 7.4.
What if the loading and unloading limits of the ship are exceeded, or are likely to become so if the loading and unloading continues? There are three points to note under Regulation 7.5:
[1] The master has the right to suspend the operation;
[2] The master and terminal representative shall ensure that corrective action is taken;
[3] When cargo is unloaded, the master and the terminal representative shall ensure that the unloading method does not damage the ship’s structure.
Chapter VII - Carriage of Dangerous Goods
Part A-1 - Carriage of Dangerous Goods in Solid Form in Bulk
Regulation 7 - Definitions
What does ‘dangerous goods in solid form in bulk’ mean? Under Regulation 7, it means:
[1] any material (other than liquid or gas) consisting of a combination of particles, granules or any larger pieces of material;
[2] Material generally uniform in composition covered by the IMDG Code;
[3] Material loaded directly into the cargo spaces of a ship without any immediate form of containments;
[4] Materials loaded in a barge on a barge-carrying ship.
Regulation 7-1 - Application
This part of the Code applies to ships of less than 500 gross tonnage, unless expressly provided otherwise, see Regulation 7-1.1. There is a prohibition of the carriage of dangerous goods in solid form bulk, unless done so in accordance with this Code, see Regulation 7-1.2. Emergency response and medical first aid for incidents involving dangerous goods in solid form in bulk, have to take into account IMO guidelines, see Regulation 7-1.3, such as Medical First Aid Guide for Use in Accidents involving Dangerous Goods (MFAG) which is reproduced in the Supplement to the IMDG Code.
Regulation 7-2 - Documents
Trade names alone shall not be used in the documentation. The bulk shipping name of the goods shall be used, see Regulation 7-2.1.
What is the role of the ‘special list’? Each ship shall have one that documents what dangerous goods are carried on board and its location, see Regulations 7-2.2.
When must the ‘special list’ be made available? Before departure, it shall be made available to the person or organisation designated by the Port State Authority, see Regulation 7-2.2.
Regulation 7-3 - Stowage and Segregation Requirements
Loading and stowage must be done safely and appropriate in accordance with the nature of the goods, see Regulation 7-3-1. If liable to spontaneously heating or combustion, it shall not be carried, unless adequate precautions have been taken to minimise the likelihood of an outbreak of fire, see Regulation 7-3.2. For goods giving off dangerous vapours, it shall be stowed in well ventilated cargo space, see Regulation 7-3.3.
Regulation 7-4 - Reporting of Incidents Involving Dangerous Goods
What is the master (or other person having charge of the ship) supposed to do when there is loss or likely loss overboard of dangerous goods in bulk into the sea? He/she shall report the particulars of such an incident without delay and to the fullest extent possible to the nearest coastal State, see Regulation 7-4.1. Note, that the report shall be drawn up based on principles and guidelines developed by IMO, see Regulation 7-4.1. If the ship is abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the company (as defined in Regulation IX/1.2) shall assume the obligations placed on the master, to the fullest extent possible, see Regulation 7-4.2.
Regulation 7-5 - Requirements for the Carriage of Dangerous Goods in Solid Form in Bulk
This incorporates the relevant provisions of the IMBSC Code as defined in Regulation VI/1-1.1.
Thank you for reading IMSML Website Article 41/2024
Stay tuned for the next IMSML Website Article 42/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code, Section 2 - General Loading, Carriage and Unloading Precautions
Signing-off for today,
Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT
Professor of Maritime and Transport Law
Faculty of Law
Universiti Teknologi MARA Shah Alam
Selangor, Malaysia
Tuesday, 13 August 2024
Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my