Recent large fires on container ships has set the alarm bells ringing across the industry. Some of the vessels which experienced fire are Maersk Honam, MSC Daniela, MSC Flaminia, CCNI Arauco, Yantian Express, Yantian Express, Wan Hai 307, Maersk Kensington, KMTC Hong Kong.
ICHCA International estimates annual volume as 60 million packed containers with 10% or 6 million as declared dangerous goods. Out of which 20% is badly packed boxes which means 1.3 million unstable dangerous goods containers moving across the oceans. Findings of Cargo Incident Notification System (CINS) estimates 21% of containers with misdeclared goods. Hapag Lloyd estimates more than 150,000 containers with misdeclared dangerous goods moving in the supply chain annually.
Penalty
When a port state observes infringement of provisions of IMDG Code they will penalize the master of the vessel under SOLAS and MARPOL conventions. SOLAS Chapter VII Part A Regulation 3 says “The carriage of dangerous goods in packaged form shall be in compliance with the relevant provisions of the IMDG Code.” MARPOL Annex III Regulation 2 says “The carriage of harmful substances is prohibited, except in accordance with the provisions of this Annex.”
Port states who observes infringement of IMDG Code can inform such infringements to the competent authority from whose territory the cargo was originated.
Some container lines will start imposing penalty to shippers who mis declare dangerous goods. Evergreen US$ 35,000 Hapag Lloyd and HMM US$ 15,000.
To know more about the background of these developments read the below article by Hariesh Manaadiar
Shipping lines get tough on dangerous goods misdeclaration
Responsibilities
Consignor means any person, organization or Government which prepares a consignment for transport. Shipper has the same meaning as consignor. IMDG Code section 2.0.0.1 places the responsibility of classification on shipper/consignor “The classification shall be made by the shipper/consignor or by the appropriate competent authority where specified in IMDG Code.”
Competent Authority is responsible for explosives, certain self-reactive substances and organic peroxides which are currently not authorized for transport. For all other dangerous goods classification is the responsibility of shipper/consignor.
Training
Those who classify dangerous goods must be trained to do so under IMDG Code. They should at least receive training in
- the structure of the description of substances
- the classes of dangerous goods and the principles of their classification
- the nature of the dangerous substances and articles transported (their physical, chemical and toxicological properties)
- the procedure for classifying solutions and mixtures
- identification by proper shipping name
- use of Dangerous Goods List
They should have sufficient knowledge in referring and applying provisions of below regulations
- International Maritime Dangerous Goods (IMDG) Code
- United Nations Model Regulations
- United Nations Manual of Tests and Criteria
- MARPOL