Ministry of Transport on the Implementation of the International Convention for the Safety of Life at Sea, 1974

Notice of the 2015 Amendment to Article VI/2

To All Directly Affiliated Maritime Administrations:

At its 94th session in 2015, the Maritime Safety Committee of the International Maritime Organization adopted an amendment to Article VI/2 of the International Convention for the Safety of Life at Sea 1974 (hereinafter referred to as the “Safety Convention”)—Resolution MSC.380(94). This amendment requires that the weight of cargo containers be verified prior to their delivery for shipment on board vessels, and it will become mandatory effective from July 1, 2016. As a contracting party to the Safety Convention, China is bound by this amendment. To ensure proper implementation of the amendment, we hereby issue the following notice regarding relevant matters:

I. Main Contents of the Amendment

(1) Regulations for verifying the weight of cargo containers.

This amendment requires that the actual weight of cargo containers be verified before they are delivered for shipment by vessel. The shipper of the cargo container shall verify its gross weight and ensure that the verified gross weight is provided as soon as possible—in the form of transport documents—to the captain or his representative and to the terminal operator, for use in preparing the vessel’s stowage plan. If the shipper fails to provide the verified gross weight information for the cargo container, the captain has the right to refuse loading the container onto the vessel, unless the captain and the terminal have already obtained the verified gross weight information through other means.

(2) Method for verifying the weight of cargo containers.

This amendment allows shippers to verify the gross weight of goods and containers by using either of the following two methods:

1. Whole-Container Weighing Method: Use a calibrated and approved weighing instrument to perform a full-container weigh-in for loaded shipping containers.

2. The cumulative calculation method: Weigh all packages and goods inside the container using a weighing method approved by the competent authority of the country where the container was packed, and then add this weight to the weight of the container’s chassis, padding, other securing materials, and the container itself to determine the total weight of the loaded container.

(3) Scope of application for verifying the weight of cargo containers.

The amendment stipulates that the weight verification requirement for cargo containers applies to all cargo containers subject to the 1972 International Convention for Safe Containers and loaded onto vessels covered by Chapter VI of the Safety Convention.

II. Requirements for Shippers of Cargo Containers

(1) Shippers of foreign trade cargo containers scheduled to be shipped from Chinese mainland ports after July 1, 2016, shall verify the gross weight of the cargo containers they are shipping before handing them over for vessel transport. International transshipment cargo containers that were loaded overseas before July 1 and call at Chinese mainland ports after July 1 are exempt from this requirement.

(2) The aforementioned shippers may choose either the overall weighing method or the cumulative calculation method to verify the weight of loaded containers. If using the overall weighing method, the shipper shall, after completing container stuffing and sealing, either independently or through a third party, use weighing equipment that has been certified and verified by a metrological authority to perform an overall weigh of the loaded container. If using the cumulative calculation method, the shipper shall follow the procedures outlined in the “Guidelines for Weight Verification Using the Cumulative Calculation Method for Loaded Containers” (see attachment) to calculate the total weight of the loaded container by cumulative addition.

(3) The aforementioned shipper shall, as soon as possible, provide the captain or his representative with verified gross weight information for the loaded container in the form of a transport document. This document may be part of the carrier’s instructions for loading, or it may be a separate supporting document, and shall include at least the following contents:

1. Method for the shipper to verify the gross weight of the cargo container.

2. Declaration of Verification of the Weight of the Cargo Container Shipped by the Shipper.

For those using the gross weight method, the statement reads: “This shipper declares that the weight information for the cargo container contained in this documentation has been obtained in accordance with the method described in Article VI/2.4.1 of the 1974 International Convention for the Safety of Life at Sea. The weighing equipment used at the weighing point has been certified by a metrological authority and the date on which the weight was obtained falls within the validity period of the certificate.”

For those using the cumulative calculation method, the declaration reads as follows: “This shipper hereby declares that the weight information for the cargo container contained in this documentation has been obtained in accordance with the method described in Article VI/2.4.2 of the 1974 International Convention for the Safety of Life at Sea, and that this method complies with the requirements set forth in the ‘Guidelines for Weight Verification Using the Cumulative Calculation Method for Cargo Containers’ issued and published by the competent authority.”

3. The consignor’s duly authorized representative shall sign to confirm, and this signature may be an electronic signature.

III. Requirements for Vessels, Carriers, and Terminal Operators

(1) Vessels carrying cargo containers, as well as carriers and their agents and terminal operators, shall obtain weight verification information for cargo containers provided by the shippers prior to loading such containers onto the vessel. For cargo containers for which weight verification information has not been obtained, the carrying vessel, the carrier and its agents shall not accept these containers for loading, and the terminal operator shall not arrange for their loading onto the vessel.

(2) The aforementioned carrier vessels, carriers, and their agents shall inform the terminal operator before loading cargo containers whether the cargo containers have undergone weight verification and provide specific weight information.

(3) The aforementioned carrier vessels, carriers, their agents, and terminal operators shall establish effective information communication channels to ensure that weight verification information for loaded containers is effectively transmitted according to the sequence: shipper—carrier—terminal.

IV. Other Matters

(1) The shipper bears the responsibility and obligation to verify the actual weight of the cargo containers before delivering them for shipment by vessel.

(2) Maritime administration authorities at all levels shall conduct spot checks on the verification of cargo container weights carried by ships. For cargo containers that have not obtained weight verification information, the maritime administration authorities shall require the carrying vessel to rectify the situation; the vessel may only set sail after the rectification has been successfully completed. If the maritime administration authority receives a report or has reasonable grounds to suspect that the weight verification information for a cargo container does not match the actual situation, it may request the shipper of the cargo container to carry out re-verification. The shipper, carrier, their agents, the carrying vessel, and the terminal operator shall all cooperate accordingly.

(3) Port administrative authorities at all levels shall urge port operators to fulfill the responsibilities required by this notice and establish and improve effective channels for information exchange with shipping vessels, carriers, and their agents.

(4) Weighing devices used for verifying the loading of cargo containers via the integral weighing method shall meet the accuracy standards and requirements stipulated in China’s currently valid relevant metrological technical regulations. The operating entities of these weighing devices shall publicly disclose such information in an appropriate manner, so that all parties can access it.

(5) The allowable margin of error between the verified weight provided by the shipper of a cargo container and the verified weight obtained by the maritime administration, the carrying vessel, the carrier, or the terminal operator shall not exceed ±5% or 1 ton—whichever is smaller—and the weight must not exceed the container’s maximum approved carrying capacity. If the weight exceeds this limit, the shipper must re-verify the weight of the cargo container and may only deliver it to the vessel for transport once it meets the requirements.

Attachment: Guidance on Weight Verification Using the Cumulative Calculation Method for Cargo Containers

Ministry of Transport

June 6, 2016

CC: China Foreign Trade and Economic Cooperation Enterprises Association, China Ports Association, China Shipowners’ Association.

Guidelines for Weight Verification Using the Cumulative Calculation Method for Cargo Containers

1 General Provisions

1.1 Purpose

The purpose of this guide is to facilitate the implementation of the amendments to Article VI/2 of the International Convention for the Safety of Life at Sea 1974 (hereinafter referred to as the “Safety Convention”), which pertain to the verification of cargo container weights, and to provide guidance to shippers on how to correctly apply the cumulative calculation method for verifying the weight of cargo containers in accordance with the requirements of the Convention’s amendments.

1.2 Basis

This guide has been prepared in accordance with the amendment to Article VI/2 of the Safety Convention.

1.3 Scope of Application

This guide is intended for shippers using the cumulative calculation method, as defined by the amendment to the Convention, to verify the weight of cargo containers.

1.4 Terms and Definitions

1.4.1 “Shipper” refers to the legal entity or individual designated as the shipper on the bill of lading, sea waybill, or other equivalent multimodal transport document (such as a “bill of lading”), and/or the person who has entered into a transportation contract with the shipping company, or the person who has entered into such a contract with the shipping company in their own name or on their behalf.

1.4.2 “Calibrated and Certified Weighing Instruments” refer to platform scales, truck scales, lifting equipment, or other devices that meet the relevant metrological standards and requirements of our country and are capable of determining the actual gross weight of a cargo container—or the actual gross weight of the container including packaging, cargo components, pallets, cushioning materials, and other packing and securing materials.

1.4.3 “Ship” refers to a ship subject to the provisions of Chapter VI of the Safety Convention.

1.4.4 “Gross weight” refers to the total weight of a loaded container, including its own tare weight as well as all packaging and cargo components (including pallets, dunnage, and other packing and securing materials).

1.4.5 “Cargo components” are synonymous with “cargo” as defined in the 1972 International Convention for Safe Containers (hereinafter referred to as the “Container Convention”), and refer to any type of cargo, goods, and articles carried in containers. However, ship equipment and supplies loaded in containers—including spare parts and provisions for ships—are not considered cargo.

1.4.6 “Transportation Contract” refers to the contract under which a shipping company collects freight charges and undertakes to transport goods from one place to another.

1.4.7 “Container” is synonymous with “container” as defined in the Container Convention and does not include any type of vehicle, but does include containers transported on chassis. It also does not include “offshore containers” that are exempt from the application of the Container Convention pursuant to IMO Circular MSC/Circ.860.

1.4.8 “Transport Document” refers to the document used by the shipper to transmit the verified weight of the loaded container. This document may be part of the shipping company’s loading instructions submitted to the carrier, or it may be a separate supporting document, such as a statement containing the verified weight issued by the weighing station.

1.4.9 “Tare weight” refers to the weight of the container, excluding packaging and cargo components, chassis, padding, and other packaging materials.

2. Cumulative Calculation Method for Verifying the Weight of Loaded Containers

2.1 The shipper is responsible for verifying the weight of the cargo container.

2.1.1 The shipper is responsible for verifying the gross weight of the cargo container.

2.1.2 If the container is a consolidated shipment involving multiple shippers, the party that completes the packing, applies the seal, and delivers the loaded container to the ocean carrier shall be responsible for verifying the gross weight of the entire container and its contents, including pallets, padding, and other securing materials.

2.2 Shipper’s Internal Control Measures

The shipper shall establish internal control measures and develop a management system for verifying the weight of loaded containers, formulate measures to accurately determine the weight of loaded containers, and implement measures to ensure that personnel involved in these calculations receive adequate training and perform their duties effectively. It must be ensured that the cargo capacity of the container does not exceed the maximum gross weight indicated on the safety compliance plate required by the Container Convention.

2.3 Calculation Process for Gross Weight of Cargo Containers Using the Cumulative Calculation Method

2.3.1 Step 1: Calculate the weight of the goods

The weight of the cargo components to be transported is obtained by summing the weights of the individual components. The weight of bulk cargo can be calculated during the production process using a calibrated filling machine or determined by weighing the entire batch of cargo.

2.3.2 Step 2: Calculate the weight of the packaging

The weight of the packaging can be obtained from the packaging material manufacturer.

2.3.3 Step 3: Calculate the weight of the pallet, securing materials, and padding.

The weights of securing devices such as pallets, packaging materials, support rods, and padding can be obtained from the manufacturer.

2.3.4 Step 4: Calculate the tare weight of the empty container

The shipper shall use the tare weight indicated on the container body.

2.3.5 Step 5: Calculate the gross weight of the cargo container.

The gross weight of a cargo container is obtained by adding the weights determined in sections 2.3.1 through 2.3.4 above.

2.4 Accuracy of Calculating the Gross Weight for Verified Cargo Containers

2.4.1 Possible Errors

2.4.1.1 In this calculation method, the total gross weight obtained by summing different weights will vary. For example, the weight of wooden pallets, padding, and end panels can change depending on the humidity of the air.

2.4.1.2 All weighing equipment used to determine the weight of individual components, as well as even slight differences in the tare weights of empty containers and cargo assemblies, can lead to variations in weight.

2.4.2 Handling of Errors

2.4.2.1 The allowable margin of error between the verified weight provided by the shipper and the verified weight of the container obtained by the maritime administration, the carrying vessel, the carrier, or the terminal operator shall not exceed ±5% or 1 ton, whichever is smaller.

2.4.2.2 There is a potential bias in the method used to determine the verified weight of loaded containers; the shipper’s internal control measures should document this bias.

2.4.2.3 Although there may be potential deviations in the verified weight of cargo containers, shippers must not violate the requirements of the amended Safety Convention regarding their responsibility to obtain accurate verified weights for cargo containers.

CC: China Foreign Trade and Economic Cooperation Enterprises Association, China Ports Association, China Shipowners’ Association.

General Office of the Ministry of Transport

Issued on June 1, 2016