Container Carriage a Selection of Articles Previously
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A selection of articles previously Container carriage published by Gard AS 3 Contents Introduction 4 New cargo reporting requirements in the US 5 New guidance for stuffing containers 7 English law - Has justice finally been done on the calcium hypochlorite cases? 8 Carriage of liquids in flexi-tanks 10 US law - COGSA’s USD 500 per package or customary freight unit limitation 13 Recent container losses from vessels using automatic locks 14 Update: Container losses from vessels using fully automatic container locks 15 Inspection and certification of cargo containers 16 Stability of multi-purpose general cargo and container ships 18 Containers – latent defects 20 Container types and problems 22 Porthole reefer containers 27 Containers overboard close to port limits 29 Will your containers shift - Some points to check 30 Shifting containers 32 Containers 34 Container stack collapse – Overweight and unfit containers 36 Gard’s additional covers – Container and Equipment Cover 38 Recommendations on carriage of Calcium Hypochlorite UN Nos. 1479, 1748, 2208, 2880 by the International Group of P&I Clubs 39 Recommendations on the carriage of calcium hypchlorite 40 Container security moves a step forward 41 Fumigation of cargo on board ships: the invisible killer 43 Disclaimer The information contained in this publication is compiled from material previously published by Gard AS and is provided for general information purposes only. Whilst we have taken every care to ensure the accuracy and quality of the information provided at the time of original publication, Gard AS can accept no responsibility in respect of any loss or damage of any kind whatsoever which may arise from reliance on information contained in this publication regardless of whether such information originates from Gard AS, its shareholders, correspondents or other contributors. © Gard AS, July 2014 4 Introduction This booklet contains a collection of spotting unfit containers. Similarly, containers deserve particular loss prevention material relating to the if the shipper stuffs the container attention. Reference should be carriage of containers, which has been himself, there should be a system in made to the cargo securing manual. published by Gard over the years. place for spot checks on container The securing equipment used on weights. Suspected fraud and/or board should be of the same type/ Container cargo claims account for a breaches of safety, including the design. This is particularly relevant large proportion of all cargo claims, misdeclaration of the contents of to twistlocks, where the locking both in terms of frequency and cost. the containers (particularly where position can differ depending This booklet contains material with undeclared dangerous goods are on type/design. A system should numerous examples of incidents shipped), should be taken seriously also be in place for checking that resulting in large container cargo and contractual carriers are securing equipment is maintained claims. encouraged to share information in good order and condition. on “rogue” shippers with other Records are required to be kept in The following ten points serve as carriers. The securing of contents the Cargo Securing Manual. a reminder of what should assist in within the container is often found avoiding container claims and the to be lacking and the contractual 8. The vessel’s courses and speeds accompanying liability. carrier should be prepared to should be adjusted to minimise work with shippers to ensure the forces on the container stows/ 1. The contractual carrier, who will that securing arrangements can securing arrangements. Weather often face liability to cargo interests adequately withstand the typical forecasts should be checked before in the first instance, needs to be forces encountered during the and regularly during the voyage. satisfied that the operations of carriage. The vessel may also be able to sub-contractors, e.g terminals, and adjust it’s stability so performing carriers, e.g feeder 4. Shippers’ carriage instructions, as to avoid excessive rolling. vessels, are of an acceptable eg set point temperature, should standard. Contractual terms also be checked and cross-referenced. 9. Other checks, documentation need to ensure that ultimate Ambiguous instructions should be and records. Containers should liability falls on the responsible clarified. Carriers should ensure that be fitted with security seals and a party. To meet those liabilities, the instructions can be complied with in system should be in place to check contractual carrier also needs to practice. Instructions also need to the status of the seal and the seal be satisfied that sub-contractors be properly communicated to sub- number each time the container is and performing carriers have an contractors and performing carriers. handled. Documentation issued by acceptable financial standing and the carrier needs to be checked to that their liabilities are covered 5. It is in both the contractual and ensure that it is accurate and that by a financially sound insurance performing carriers’ interests to details are consistent throughout. company. ensure that containers are properly Proper records need to be stowed, taking into account limiting kept for all checks. Contractual 2. The contractual carrier often weights, such as tier and stack obligations can be placed on provides the cargo interests with weights. In general terms, heavy performing carriers to provide the container itself. Clearly, the containers in the upper tiers should their documentation/records to container should be fit for its be avoided. contractual carriers. purpose and in good condition. Cargo care systems, such as 6. Dangerous goods deserve special 10. If an incident does occur, a refrigeration systems, should be in mention. Both the contractual and Gard office and/or the local good working order. There should performing carriers need to be correspondent should be contacted be a system in place for checking satisfied that dangerous goods are to assist. containers before they are used properly declared and documented (e.g. pre-trip inspection) and for and that containers are properly Expanded commentary on the above dealing with containers that suffer labeled. Reference should be points can be found in the material problems during the carriage. made to the IMDG code. Amongst enclosed in this booklet. So please read Contractual duties can be placed other things, dangerous goods on and challenge your operation to on performing carriers, such as have specific stowage/segregation improved container claims record. dealing with a breakdown of a requirements and it container’s refrigeration system. is very important that these are More detailed instructions can be adhered to. issued separately. 7. The securing of containers on 3. If the shipper uses his own board should be checked before container, the contractual carrier departure. Securing arrangements should have a system in place for on vessels not purpose built for © Gard AS, July 2014 5 Gard News 198, New cargo reporting May/July 2010 requirements in the US Vessel operating ocean carriers are loaded aboard the vessel for the US. or collect CSM information. The now required to submit two additional The CBP will use the VSP information carrier must electronically transmit the data elements to the US Customs and to compare with the containers listed information via a CBP-approved sFTP Border Protection for all containerised on the vessel’s manifest in an effort to no later than 24 hours after messages shipments to the US. identify un-manifested containers. The are entered in the carrier’s system. carrier must transmit the VSP for vessels The following are events for which CSM As of 26th January 2010, the US transporting containers no later than 48 are required: Customs and Border Protection (CBP) hours after the carrier departs from the - Booking confirmation is enforcing new cargo reporting last foreign port. For voyages of less - Terminal gate inspection requirements for importers and vessel than 48 hours, the information must be - Container arrives at/departs from a operating ocean carriers who are transmitted prior to the vessel’s arrival facility or terminal port transporting cargo to the US. This at the first port in the US. The VSP must - Loaded or discharged during rule is known as both the Importer be transmitted via Automated Manifest transport (includes ship, barge, rail or Security Filing (ISF) and 10+2. 10+2 is System (AMS), a secure file transfer truck movement) shorthand for the number of advance protocol (sFTP), or e-mail. The VSP - Vessel arrives at/departs from a port data elements CBP is requiring be must include the following information: - Intra-terminal movement submitted. This article will concentrate - Order from container loading or on the “+2” aspect of the rule, as With regard to the vessel: discharge those two requirements apply to - Vessel name (including IMO number) - Confirmation after completed loading carriers.1 However, it should be noted - Vessel operator or discharge that carriers may, in certain instances, - Voyage number - Container being taken out of also be considered importers and circulation for repairs required to file ISFs2 for containerised With regard to the container: cargo, bulk and break-bulk shipments - Container operator arriers may transmit their “global” CSM, including Ro-Ro shipments, and cruise - Equipment number including CSM relating to containers vessels that are required to file cargo - Equipment size and type that