VGM transhipment dilemma

As the July 1 deadline for
implementation of the
new Solas regulations
approaches, one of the
questions that has arisen
amongst FTW readers
is: What if a container
(or containers) to be
transhipped en-route is
loaded before the July 1
deadline, but only leaves
the transhipment port
after that deadly date?
The answer sounds
simple in theory, but
may prove a trif le more
complicated in practice.
Such a container must
have its verified gross
mass (VGM) – regardless
of having been loaded
possibly well before July 1.
And if the shipper hasn’t
arranged for that VGM
prior to the deadline then
it will have to be obtained
(at the shipper’s expense)
by the ship’s captain in the
transhipment port.
This is clearly indicated
in the Solas guidelines,
Peter Lamb, senior
associate at legal firm
Norton Rose Fulbright SA
told FTW.
“Clause 8.1.2 of the
guidelines,” he said,
“states that, if a packed
container is delivered to
a port terminal facility
by a ship to which the
Solas regulations apply,
for transhipment onto a
ship to which the Solas
regulations also apply,
each container being
delivered is required to
have had a VGM before
loading onto a delivery
ship.”
All packed containers
discharged in the
transhipment port should,
therefore, already have a
VGM and further weighing
in the transhipment port
facility is not required.
And the delivering ship
is obliged to inform
the port facility in the
transhipment port of the
VGM of each delivered
packed container.
“By way of example,”
Lamb added, “if a packed
container (without the
VGM) is loaded onto a
vessel which departs from
the Port of Shanghai
around June 15 (before
the Solas regulations are
in force), and arrives in
Durban on July 6 (after the
Solas regulations come into
play), that vessel needs to
supply the VGM to the port
facility in the transhipment
port of Durban.”
But, if the delivering
vessel does not have
the VGM of the packed
containers on board, then
the master of the ship
onto which the packed
containers are to be loaded
will need obtain one.
“No doubt this situation
was not envisaged by the
Solas regulations,” said
Lamb. “It will be
extremely difficult for
the delivery ship and
transhipment ship to
determine the VGM of
the packed container. In
practice, the only option
will be to use Method 1 and
to weigh a container on a
suitable weighbridge.
“The SA Maritime Safety
Authority (Samsa) – which
is overseeing the Solas
issue – and Transnet will
need to urgently deal with
this aspect of the Solas
regulations.”
But these two bodies are
already well on the way
to solving this problem,
according to Darren
Fraser of the Transnet Port
Terminals (TPT) strategy
division.
He told FTW that TPT
had already discussed this
with other stakeholders at
National Port Consultative
Committee (NPCC)
meetings. And TPT’s
first move was to find
out if Samsa had any
transitional arrangement
to deal with this problem,
something like exempting
transhipment containers
loaded before the deadline
from needing a VGM.
“But the Samsa response
was a strict no,” said
Fraser. “They felt that there
had been sufficient time
between the release of the
Solas guidelines and their
implementation, and all
parties should have a VGM
in place before the deadline
to overcome this problem.”
But it still remained that
the various parties involved
in transhipment should all
be playing the same tune.
And TPT is very alert to
this requirement, Fraser
told FTW.
“In the next two weeks,
TPT and the shipping
lines will be getting
together to discuss this
issue,” he said. “We intend
to be totally organised to
be able to handle such a
matter when it arises.”