Frequently asked questions:

1. What about containers being shipped

though SA ports from neighbouring

southern African countries?

The requirement to verify the gross mass

of a container has been communicated

to the Department of International

Relations and Cooperation (Dirco) to

communicate to neighbouring southern

African countries.

2. What about non-conforming

containers under Method 2?

If a shipper is found to have misdeclared

the verified gross mass (VGM) the South

African Maritime Safety Authority (Samsa)

appointed third party will revoke or

suspend the shipper’s Method 2 approval

and it will then be necessary for the

shipper to use Method 1.

Samsa will also investigate where

necessary and this may result in a penalty

(a fine or 12 months’ imprisonment).

3. Will the Method 2 weighing process

of every container be monitored by

the Samsa-appointed third party?

It would be impractical and costly to do

so and it is therefore envisioned that

the verification agency would conduct

an assessment of the shipper’s quality

management system (e.g. ISO 9001 or

similar).This will involve a desktop audit as

well as physical on-site inspections.

4. Is there an agreed format to

communicate verified gross mass?

Solas does not mandate any particular

form of communication between the

parties exchanging the verified gross mass

information.

The information to be provided by the

shipper is the same under Method 1 and

Method 2 and should be signed by the

shipper or a person duly authorised by the

shipper.

The information and signature may

be transmitted electronically, and the

signature may consist of the last name of

the responsible person in capital letters.

5. What about containers shipped

prior to 1 July that are awaiting

transhipment at port terminals?

There has been sufficient communication

with regard to this issue in the past year

for advance planning between the shipper,

shipping line and terminal operator. The

master shipper has the final say and may

arrange for VGM and claim the costs.

6. Does Samsa verify/approve

weighbridges or any weighing

equipment?

No. Weighing equipment must comply

with the requirements of the Legal

Metrology Act 2014, governed by the

National Regulator for Compulsory

Specifications (NRCS).

7. How accurate must the verified gross

mass (VGM) of a container be?

The Solas regulation does not provide

for a margin of error. However, some

cargo products may incur normal, minor

changes in mass from the time of packing

and weighing until delivery (e.g. due to

evaporation or humidity changes) and

some containers’ tare mass may change

over time and vary somewhat from the

tare mass marked on the container.

However, these margins of error should be

minimal and would not normally present

safety concerns.

8. Who is ‘the shipper’ in the context of

this new procedure?

Under the Solas requirements, the

shipper named on the ocean bill of

lading is the party responsible for

providing the maritime (ocean) carrier

(‘master’) and the terminal operator

(‘terminal representative’) with the VGM

of a packed container.

MSC 1 / Circ. 14753 defines ‘the shipper’

as “a legal entity or person named on the

bill of lading or sea waybill or equivalent

multimodal transport document as shipper,

and/or who (or in whose name or on

whose behalf) a contract of carriage has

been concluded with a shipping company.”

Due to the complexity of the international

supply chain, the entity identified as the

‘shipper’ on the bill of lading may not

have direct or physical control over key

elements of the process by which verified

gross mass is determined. A ‘shipper’

in such circumstances should be aware

of his responsibilities and ensure that

arrangements are in place to obtain and

provide a verified gross mass in compliance

with these international and national

regulations.

9. For FCL shipments involving a freight

forwarder there are two different

scenarios:

 where the forwarder is the agent

(putting the carrier and shipper in a

direct contractual arrangement); and

 where the freight forwarder acts as

principal and issues a house bill of

lading, being named as the ‘shipper’

on the maritime carrier’s bill of lading/

contract of carriage.

In either scenario, can the freight

forwarder rely on the mass provided by the

forwarder’s customer using Method 2?

Internationally, the ‘shipper’ is the entity

named on the maritime carrier’s bill

of lading/contract of carriage. It is the

shipper who is responsible for obtaining

the verified gross mass of the packed

container and for providing it to the

maritime carrier and terminal operator; the

preparation of any documentation needs

to be determined between the commercial

parties involved.

10. If goods are put onto a feeder ship

from, for example, Dar es Salaam

(Tanzania) that proceeds to Durban,

will verified gross mass have to be

established in Dar es Salaam, Durban

or both places?

Verified gross mass is required before

loading the packed container on board

a ship at its initial port of loading, unless

driven onto a ro-ro ship on a chassis or

trailer. Thus, in this question, the verified

gross mass must be determined prior to

loading aboard ship at Dar es Salaam.

Sources: Samsa and IMO

CAPTION

The Cape Town Container Terminal, Cape Town harbour