1. March 23rd 2017 Port Louis, REPUBLIC OF MAURITIUS
Sensitization workshops on the IMO mandatory container weight verification requirement
March 23rd 2017 Port Louis, REPUBLIC OF MAURITIUS
Winston Lobo
South African Maritime Safety Authority

2. Compliance as a Signatory to SOLAS
As a signatory to SOLAS South Africa is required to comply with the verified gross mass (VGM) amendments which were adopted by Resolution MSC.380(94). 2

3. Local Legislation
The Merchant Shipping Carriage of Cargoes Regulations, 2004, provides as follows
5(1)(b)(i) The cargo information must include in the case of general cargo and cargo carried in cargo units, a general description of the cargo, the gross mass of the cargo or cargo units and any relevant special properties of the cargo;
This requirement was already in National Law
Need for industry to be informed of the amendments, consulted on the implementation and the available methods for ensuring compliance

4. The Approach
SAMSA initially issued a Marine Notice (11 of 2015) in June 2015 advising industry on the amendments and included MSC.1/Circ. 1475, Guidelines Regarding the Verified Gross Mass of a Container Carrying Cargo.
Workshops were organised in the major ports and in Johannesburg to cater for the many shippers located inland.
Consultations held in major ports with terminal operators, shipping lines, shippers, freight forwarders and agents.
Concerns of the parties were noted and guidelines drafted on ensuring compliance with the amendments.

5. Guidelines - Marine Notice 5 of 2016
Marine Notice 5 of 2016 published in Jan 2016, it contained the Guidelines for the implementation of the amendments.
Guidelines first issued in Jan 2016 and revised thrice, current guidelines published in Aug 2016., via Marine Notice 30 of 2016.

6. The Current Guidelines – Marine Notice 30 of 2016
The guidelines were revised and the current guidelines are contained in Marine Notice 30 of 2016 published in Aug 2016.
Guidelines first issued in Jan 2016 and revised thrice, current guidelines published in Aug 2016., via Marine Notice 30 of 2016.
The latest to address the issue of tolerances.

7. Contents of the current guidelines
Concerns regarding containers transhipped through South Africa were raised and the guidelines were revised.

8. Contents of the current guidelines
Concerns regarding containers transhipped through South Africa were raised and the guidelines were revised.

9. Third party entities
Noting available resources, it would be impossible for SAMSA to accredit shippers that intend to use method 2 as means of obtaining VGM and neither would it be practical to have a SAMSA accredited entity monitoring the weighing process of every container in order to verify the gross mass.
SAMSA therefore decided to accredit third party entities who in turn will approve shippers intending to use Method 2 to Verify the Gross Mass of Containers.
The marine notice 25 of 2015 provides a checklist for entities interested in being accredited as third party entities.
The entity will enter into a service level agreement with SAMSA which sets out the terms and conditions of the accreditation.
The accreditation is valid for a period of five years and is subject to ad hoc inspections and or audits to ensure that the accredited third party entities comply with the accreditation requirements.

10. Achieving Compliance through third party entities
The process to accredit third party entities to approve shippers is contained in Marine Notice 25 of 2015.
Neither SAMSA nor the SAMSA accredited third party entities are responsible for declaring the VGM of the container.
It is the process utilised by the Shipper intending to use method 2 for obtaining the VGM that is assessed and authorised.
List of approved third party entities is published in a MN, Latest MN 31 of 2016.
Third party entities only accredit shippers to obtain the verified gross mass of the containers using method 2, they do not declare the VGM of the container.

11. Assessment of shippers by third party entities
Accredited third party entities conduct an assessment of the shipper’s documented processes for verifying the gross mass of a container using Method 2.
Details of the process to authorise shippers who intend to use Method 2 are outlined in Marine Notice 30 of 2016.
This process involves a desk top audit as well as random, physical, onsite inspections.
It is the process utilised for obtaining the verified gross mass that is assessed and authorised.
If a sub-contractor(s) has been utilised, the on-site inspection will be conducted at the subcontractor(s) premises where the weighing and packing function is conducted.
The process and requirements for becoming a authorised shipper is contained in Marine Notice 30 of 2016
Third party entities obtain a accreditation number from SAMSA which is then issued to the Shipper who uses this number on the shipping document. A database of numbers issued is maintained.

12. Two regulatory bodies are involved with weighing equipment,
The National Regulator for Compulsory Specifications (NRCS)
South African National Accreditation System (SANAS)

13. NRCS approve weighing equipment, for commercial purposes.
NRCS governs the Legal Metrology Act and Regulations, which ensures that consumers receive the quantity of goods, as declared by an importer, manufacturer or retailer.
It also ensures that instrument measurements remain accurate, within prescribed limits of error, where measuring instruments are used to conclude a transaction.
NRCS approve weighing equipment, for commercial purposes.
Weighing equipment that is type approved can be found on a database on the NRCS website.

14. This includes the accreditation of calibration,
SANAS
SANAS is the national body responsible for carrying out accreditations.
This includes the accreditation of calibration,
testing and verification laboratories amongst other accreditations.
SANAS accredits verification laboratories. The verification laboratories are responsible for
verifying weighing equipment periodically in accordance with the regulations pertaining to the type of equipment being used. .

15. accredited by SANAS according to SANS 10378.
Verification Laboratories, may be suppliers or manufacturers of weighing equipment, they must be
accredited by SANAS according to SANS
Verification Laboratories must be accredited by SANAS and designated by NRCS to conduct the
verification of weighing equipment.
The SANAS website lists all the accredited verification laboratories.

16. Mandatory requirements for weighing equipment
All weighing equipment must have a Verification Certificate, issued by a Verification Laboratory and endorsed with a Type Approval Number obtained from NRCS.
Verification Officers conducting verifications for the Verification Laboratories must be appointed in writing, must be competent to conduct the required tasks and within their listed scope of work.

17. Method 1 for shipper domiciled in SA
Upon the conclusion of packing and sealing a container, the shipper may weigh, or have arranged that a third party weighs, the packed container.
Weighing to be done at the shippers facility if the facility is accredited or at a facility that is compliant with NRCS and SANAS requirements.
Where the shipper weighs the container at his premises the following documentation pertaining to verification, accreditation, appointment of verification officers, calibration, training records, service and maintenance and should, be available at all times to indicate that the weighing equipment is accurate.

18. Method 1 for shipper domiciled in SA
Option 1:
Weigh the entire vehicle and container = Gross Mass
Weigh the vehicle without the container = Tare Mass
Gross Mass – Tare Mass = Mass of Container
Option 2:
Weigh the empty container on the truck (A)
Weigh the packed container on the truck (B)
Deduct (A) from (B) and add the tare weight of the container as marked on it
Weigh Bridge Tickets that are produced by the weigh bridge should contain the following information as a minimum:
Name and physical address of the weigh bridge facility
Container number
Container seal number
Date and time the container was weighed
The name of the shipper
Gross mass of the container

19. Method 1 for shipper domiciled in SA
Option 3:
Weigh the entire vehicle and container = Gross Mass
Ascertain the tare mass of the entire vehicle as indicated in their registration documents issued
by the competent authority
Gross Mass – Tare Mass of vehicle as per registration documents = Mass of Container
The following, but not limited to, may influence the accuracy of obtaining the verified gross mass of a container when using a weigh bridge:
1. Fuel on board
2. Whether the driver or passengers remain in or out of the truck during the weighing process;
3. Distribution of the load on the weigh bridge; and
4. Tyre pressure
5. Additions made to the vehicle, subsequent to registration, eg. Bull bars etc.
Road tolerance to bear in mind.

20. Method 2 for shipper domiciled in SA
The shipper (or, by arrangement of the shipper, a third party), may weigh all packages and cargo items,
including the mass of pallets, dunnage and other packing and securing material to be packed in the
container, and add the tare mass of the container to the sum of the single masses using a certified
method.
The use of Method No. 2 is subject to the shipper being assessed by a third party and issued with a unique number by SAMSA.
Upon satisfactory assessment of a shipper, the third party entity will inform SAMSA and obtain a unique number for the Shipper.
This number will be printed on the Shippers certificate and is to be used on the port information system.

21. Recognition of Sub-contractors
The SOLAS regulations place the responsibility for providing the verified gross mass of a container on the shipper. The shipper may outsource the weighing and packing of containers to a sub-contractor.
A shipper utilising the services of a sub-contractor should formally appoint the sub-contractor in writing.
SAMSA recognises that the sub-contractor may weigh and pack containers on behalf of several
Shippers, the requirements for sub contractors is detailed in Marine Notice 30 of 2016.
Details of the process of recognising Sub-contractors is detailed in MN 30 of 2016.
A sub- contractor appointed in writing will be assessed at his/her premises and the shippers certificate will include an addendum of all sub-contactors that have been appointed by shipper.
Sub-contractors may be liable to multiple audits due to the nature of packing for various shippers, to avoid this the sub-contractor may apply to a third party entity to be recognised as a sub-contractor on the database and a single audit will thereafter suffice for the products declared and the procedures assessed. Valid for 5 years.

22. Method 1 for shipper domiciled outside SA
The scale, weighbridge, lifting equipment or other devices used to verify the gross mass of the
container, in accordance with either Method No.1 & 2, should meet the applicable accuracy standards and requirements of the State in which the equipment is being used.
The container is packed and weighed in a state party requirements of that state party must be complied with.

23. Method 1 for shipper domiciled outside SA
If the cargo is transported into South Africa and stored in a local warehouse and subsequently
packed into a container for shipment, the entire packed and sealed container is weighed in South
Africa, the shipper must delegate the authority in writing to a nominated local representative.
The appointed person(s) can be a representative of the locally appointed party, appointed by the shipper to weigh the container in South Africa.
In the event of a dispute, SAMSA will address the matter with the appointed local representative.
The documentation as required by the Maine notice should be available at all times from the local representative to prove that the weighing equipment being utilised is legal and accurate.

24. Method 2 for shipper domiciled outside SA
The method used for weighing the container's contents under Method No.2 is subject to certification and approval as determined by the competent authority of the State in which the packing and sealing of the container was preformed.
However,

25. Method 2 for shipper domiciled outside SA
If the cargo is transported via road vehicle, into South Africa, stored at a local warehouse and then
packed into a container for shipment, using Method 2, the following applies:
The mass of the cargo, packaging and securing materials should be ascertained in South Africa, using weighing equipment that meets the requirements of the Legal Metrology Act.

26. Method 2 for shipper domiciled outside SA
Delegation of authority:
Formal written appointment by the shipper nominating a local representative to assist with obtaining the verified gross mass of the container.
Where applicable, the formal written appointment by the shipper who is domiciled outside South Africa, must name a person(s) who is authorised to sign the document declaring the VGM of the container. The appointed person(s) can be a representative of the local representative who is appointed by the shipper to weigh the container in South Africa.
In the event of a dispute, SAMSA will address the matter with the appointed local representative.

27. Method 2 for shipper domiciled outside SA – Approval process
The SAMSA accredited entity will assess the documented processes and conduct on-site
inspections of the local representative appointed by the shipper, where the weighing and packing is conducted.
The local representative where the packing and weighing is conducted will be entered into the
SAMSA Database of Authorised Shippers.
It is the same process that is for a shipper domiciled in SA, except that the shipper appoints a local representative to conclude the and declare the weight of the container.
However the shipper is still fully liable for the declaration of the weights and SAMSA will address concerns with the local representative.

28. Method 2 for shipper domiciled outside SA – Approval process
The local representative appointed by the shipper will be issued a certificate which will be valid for a period not exceeding five years and will be subject to ad hoc inspections by the SAMSA accredited entities and or SAMSA.
The local representative will only be able to use the unique SAMSA number for a specific shipper and not all shippers.
Should there be more than one shipper domiciled outside of South Africa, utilising the services of the same facility, the local representative will have to apply for separate SAMSA numbers

29. Shippers domiciled in countries not signatories to SOLAS
Shippers that are domiciled in countries not signatories to the SOLAS convention that ship
cargo through South African ports are required to comply with the SOLAS Regulations by providing
the VGM of the container using Method 1 or Method 2.
The shipper will need to comply with the requirements for shippers domiciled outside South Africa as discussed before.
A container may not be accepted on-board a vessel if the verified gross mass is not provided.

30. Discrepancies in gross mass
Any discrepancy between a VGM of a packed container obtained prior to the container's delivery to the port terminal facility and a VGM of that container obtained by that port facility's weighing of the container should be resolved by use of the latter VGM obtained by the port terminal facility.

31. Port State Control Inspections; Ad hoc inspections;
Enforcement
SAMSA will enforce the amended SOLAS requirements and Merchant Shipping Carriage of Cargo Regulations through:
Port State Control Inspections;
Ad hoc inspections;
Continuous auditing of SAMSA accredited entities; and
Reporting of non-conforming containers and/or cargo information by SAMSA accredited entities.

32. using either Method 1 or Method 2, should be accurate.
Tolerance
A 2% enforcement tolerance will be implemented strictly for guidance purposes only. It will be used
and considered on a case by case basis. The enforcement threshold should not be confused with the issue of accuracy and the underlying issue that the verified gross mass of the container, arrived at by
using either Method 1 or Method 2, should be accurate.

33. “5. (6) Every shipper or forwarder commits an offence who—
Penalties
The Merchant Shipping Carriage of Cargoes Regulations, 2004 states the following:
Cargo information
“5. (6) Every shipper or forwarder commits an offence who—
(a) fails to provide appropriate cargo information as required by this regulation;
(b) furnishes cargo information that he or she knows to be false; or
(c) recklessly furnishes cargo information that is false”

34. Penalties and Defences (as amended)
The Merchant Shipping Carriage of Cargoes Regulations, 2004 states the following:
Penalties and Defences (as amended)
15. (1) A person who commits an offence in terms of these regulations is liable on conviction to a
fine or to imprisonment for a period not exceeding 12 months
(2) In proceedings for an offence in terms of these regulations it is a defence to prove that the
accused took reasonable precautions and exercised due diligence to avoid the commission of the
offence.

35. mass of a packed container, SAMSA may:
Penalties
If SAMSA or one of the SAMSA accredited entities identifies that a shipper has mis-declared the gross
mass of a packed container, SAMSA may:
Require that the SAMSA accredited entity suspend or revoke the shipper’s approval. It will then be necessary for the shipper to use Method 1 to verify the gross mass of a packed container; and/or
Require an Admission of Contravention to be signed and paid, failing which, the alleged contravention will be prosecuted.

36. Thank you for listening
Questions ?