IMSML Website Article 46/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 6 of 7), Section 10 - Carriage of Solid Wastes in Bulk, AND Section 11 - Security Provisions

Section 10 - Carriage of Solid Wastes in Bulk

Section 10.1 - Preamble

Waste represents a threat to human health and to the environment due to its transboundary movement, see Section 10.1.1. When transported in bulk by sea, wastes shall be carried in accordance with the relevant international recommendations and conventions, as well as the provisions of this Code, see Section 10.1.2.

Section 10.2 - Definitions

Wastes means contaminated solid bulk cargoes for which there is no direct use and is carried for dumping, incineration or other methods of disposal, see Section 10.2.1.

What is ‘transboundary movement of waste’? It is shipment of waste from an area under national jurisdiction to (see Section 10.2.2):

[1] a country to or through an area under national jurisdiction of another country; OR …

[2] to or through an area NOT under national jurisdiction of any country, provided two countries are involved in the movement.

Section 10.3 - Applicability

Are radioactive materials considered as ‘wastes’ for the purposes of this section of the Code? No, see Section 10.3.2.

Section 10.4 - Transboundary Movements under the Basel Convention

The Code is consistent with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1989. Therefore, movement of waste shall be permitted to commence only when:

[1] Notification has been sent by the competent authority of the country of origin, and the country of final destination (see Section 10.4.1);

[2] The country of the final destination has to consent that the waste will be safely incinerated, or treated by other methods of disposal (see Section 10.4.2).

Section 10.5 - Documentation

What document must accompany the transboundary movement of wastes? A document detailing the point at which transboundary movement commences to the point of disposal. This document shall be available at all times to IMO (and competent authorities) and all persons involved in the management of waste transport operations.

Section 10.6 - Classification of Wastes

Generally, waste can be classified as a particular class of cargo, or as its constituent inherent hazard, see Section 10.6.1.

How is waste containing two or more constituents to be classified? Under the applicable class in accordance with their dangerous characteristics and properties, see Section 10.6.2. Note, refer to Section 10.6.3 and Sections 10.6.4 below.

How is classification according to dangerous characteristics and properties to be carried out? Section 10.6.3 mandates that classification be carried out as follows:

[1] Determine physical, chemical and physiological properties. This can be done by measurement or calculation. It is then followed by classification according to the criteria applicable to the constituents, see Section 10.6.3..1;

[2] Where determination is not practicable, the waste is classified according to the constituents presenting the predominant hazard.

How should the predominant hazard be determined? Section 10.6.4 provides that the following criteria shall be taken into account:

[1] The waste shall be included in a particular class if (see Section 10.6.4.1):

[a] One or more constituents fall within a certain class; AND …

[b] The waste presents a hazard inherent in these constituents.

[2] For constituents falling under two or more classes, classification shall take into account order of precedence of the multiple hazards set out in the IMDG Code (see Section 10.6.4.2).

Section 10.7 - Stowage and Handling of Wastes

Stowage and handling shall be in accordance with Section 1-9 of the Code. Any additional provisions include the individual schedules for cargoes in Group B applicable to the constituents presenting the hazards.

Section 10.8 - Segregation

Segregation of wastes shall be in accordance with Section 9.3.3 and Section 9.3.4 (see above), as appropriate.

Section 10.9 - Accident Procedures

The master shall do the following if during transportation, the waste will constitute a danger to the ship or environment:

[1] Inform the competent authorities of the countries of origin and destination;

[2] Receive advice on the action to be taken.

Section 11 - Security Provisions

Introductory Note

Some substances shipped as bulk cargo may be used for, or to enhance weapons employed in the commission of unlawful acts. Ships may also be used to transport bulk cargoes that may be used as unauthorised weapons, incendiary devices / explosives, irrespective of the nature of cargo carried. National competent authorities may apply additional security provisions. Except for Section 11.1.1 (see below), the provisions of Section 11 remain recommendatory.

Section 11.1 - General Provisions for Companies, Ships and Port Facilities

Chapter XI-2 of SOLAS 1974 (as amended) and Part A of the ISPS Code mandatorily apply to companies, ships and port facilities engaged in handling and transport of solid bulk cargoes. Guidance given in Part B of the ISPS are applicable and have to be taken into account, see Section 11.1.1.

Which security-related provisions should be given ‘due consideration’? Section 11.1.2 identifies the following:

[1] ILO/IMO Code of Practice on Security in Ports, AND …

[2] IMDG Code (as appropriate).

Are there any additional security requirements in addition to those specified in the ISPS Code? Any shore-based company, ship-based personnel and port facility security personnel engaged in handling and transportation of bulk cargoes should be aware of any security requirements commensurate with their responsibilities, see Section 11.1.3.

Is ‘training’ included as part of the elements of security awareness? Yes, in particular training related to the nature of bulk cargoes and where such cargoes are hazardous only in bulk, see Section 11.1.4.

Should ‘all’ (as opposed to personnel mentioned in Section 11.1.4) shipboard personnel and port facility personnel be familiar with the relevant security plans? Yes, especially those related to bulk cargoes, commensurate with their responsibilities, see Section 11.1.5.

Section 11.2 - General Provisions for Shore-Side Personnel

Which individuals who are ‘shore-side personnel’ covered in Section 11.2.1? Individuals covered include those who:

[1] Prepare transport documents for bulk cargoes;

[2] Offer bulk cargoes for transport;

[3] Accept bulk cargoes for transport;

[4] Handle bulk cargoes;

[5] Prepare bulk cargoes’ loading/stowage plans;

[6] Load/unload bulk cargoes into/from ships; AND …

[6] Enforce / survey / inspect for compliance with applicable rules and regulations; OR …

[7] Are otherwise involved in the handling and transport of bulk cargoes as determined by the competent authority

Are there exceptions where Section 11.2 does not apply to? Yes, the following are exempted:

[1] The company security officer and appropriate shore-based personnel mentioned in Section A/13.1 of the ISPS Code;

[2] The ship security officer and the shipboard personnel mentioned in Sections A/13.2 and A/13.3 of the ISPS Code;

[3] The port facility security officer, the appropriate port facility security personnel and the port facility personnel having specific security duties mentioned in Section A/18.1 and A/18.2 of the ISPS Code.

Note:

[a] Training of those officers and personnel (see above) are governed by the ISPS Code, see Section 11.2.1;

[b] Shore-side personnel engaged in transport by sea of bulk cargoes should consider security provisions for the transport of bulk cargoes commensurate with their responsibilities, see Section 11.2.2.

Section 11.2.3 - Security Training

What should the security training of shore-side personnel entail? Section 11.2.3.1 stipulates that it should include:

[1] Security awareness;

[2] The need to control access to cargoes and ships;

[3] General guidance on the types of bulk cargoes of security significance.

What should security awareness training address? Section 11.2.3.2 provides for the following:

[1] Natural of security risks;

[2] Recognising security risks;

[3] Methods to address and reduce risks;

[4] Actions to be taken in the event of a security breach;

[5] Awareness that security plans should be commensurate with the responsibilities of individuals and their part in implementing security plans.

Should security training be provided or verified upon employment in a position involving transport of bulk cargoes by sea? Yes, and it should be periodically supplemented with re-training, see Section 11.2.3.3.

Who should keep records of all security training? The employer, and it should be made available to the employee if requested, see Section 11.2.3.4.

What are the elements of a security plan? Section 11.3.4 identifies the following elements:

[1] Specific allocation of responsibilities for security;

[2] Records of bulk cargoes with high security implications;

[3] Review of current vulnerabilities;

[4] Meaures and resources to be used to reduce security risks;

[5] Effective and up-to-date reporting and response procedures;

[6] Testing an evaluation of security plans and procedures;

[7] Security of transport information contained in the security plan;

[8] Limits to the distribution of transport information.

Thank you for reading IMSML Website Article 46/2024

Stay tuned for the next IMSML Website Article 47/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code, Section 12 - Stowage Factor Conversion Tables, AND Section 13 - 13 References to Related Information and Recommendations

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

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Tuesday, 17 September 2024

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my