International Code For The Safe Carriage Of Grain In Bulk (international Grain Code)

[Sourn Sanneh]

The1991International Code for the Safe Carriage of Grain in Bulk (International GrainCode), adopted by resolution MSC.23(59), has been mandatory under SOLASchapter VI since 1 January 1994. The term "grain" covers wheat, maize(corn), oats, rye, barley, rice, pulses, seeds and processed forms thereof,whose behaviour is similar to that of grain in its natural state. TheInternational Grain Code applies to ships regardless of size, including thoseof less than 500 gross tonnage, engaged in the carriage of grain in bulk and towhich part C of SOLAS chapter VI applies. The purpose of the Code is to providean international standard for the safe carriage of grain in bulk.

TheInternational Grain Code requires a document of authorization to be issued forevery ship loaded in accordance with the Code. The document of authorizationserves as evidence that the ship is capable of complying with the requirementsof the Code and it must be accompanied or incorporated into the grain loadingmanual, which contains information that enables the master to meet the stabilityrequirements of the Code. A copy of the document of compliance together withthe grain loading stability data and associated plans must be carried on boardso that the master, if required, can produce them for the inspectionof the Contracting Government of the country of the port of loading.

This Code applies to ships regardless of size, including those of less than 500 tons gross tonnage, engaged in the carriage of grain in bulk, to which Part C of Chapter VI of the 1974 SOLAS Convention, as amended, applies.

In response to the growing need for broader regulation of the carriage of all cargoes that may pose a hazard to ships or personnel, the Maritime Safety Committee decided to replace the original Chapter Vl of the 1974 SOLAS Convention, which contained detailed regulations on the carriage of grain in bulk, with requirements of a more general nature and to place the detailed provisions on grain in a mandatory code.

Part C of the revised Chapter Vl deals with the carriage of grain, and is supplemented by the International Code for the Safe Carriage of Grain in Bulk, adopted at the same session by the Committee by resolution MSC.23(59) and set out therein. The Code is to take effect on 1 January 1994, the date of entry into force of the amendments to Chapter Vl. For ease of reference, Part C of the revised Chapter Vl is reproduced in the Appendix to this publication.

A??s a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented. ?

In other words, its role is to create a level playing-field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. This approach also encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. And IMO is the forum at which this process takes place.

IMO will soon be publishing the International Maritime Solid Bulk Cargoes Code and Supplement, 2012 Edition, incorporating Amendment 01-11 (IMSBC Code 2012). This update to the original IMSBC Code 2009 is already available for use, in spite of the lack of a published hardcopy. IMSBC Code 2012 will replace IMSBC Code 2009 starting in 2013 when the IMSBC Code 2009 expires.

Starting in 1960, IMO began developing an internationally acceptable code of safe practice to address the problems involved in the shipment of bulk cargoes. This became the Code of Safe Practice for Solid Bulk Cargoes (BC Code), several editions of which have been published since the first edition in 1965. In 2008, the BC Code was renamed to be the International Maritime Solid Bulk Cargoes (IMSBC) Code, and it was established that the code would be updated on a regular basis. The IMSBC Code addresses all solid bulk cargoes except for grain; the requirements for the transport of grain are covered by the International Code for the Safe Carriage of Grain in Bulk (International Grain Code), 1991.

Therefore the primary aim of the IMSBC Code is to provide information on the dangers associated with certain types of solid bulk cargoes and to provide procedures to be followed when shipping solid bulk cargoes.

This publication presents additional information that supplements the IMSBC Code, such as the Code of Practice for the Safe Loading and Unloading of Bulk Carriers (BLU Code, including BLU Manual) and Recommendations on the safe use of pesticides in ships applicable to the fumigation of cargo holds.

Mandatory requirements for shipper information on solid bulk cargoes have existed for quite some time, yet, inaccurate or incomplete cargo declarations are still commonplace in shipments leaving Brazilian ports

Domestic law and international regulations require shippers to provide the master or his representative with adequate written information about solid bulk cargo intended to be shipped well in advance as a condition for commencing loading operations.

Although requirements for disclosing cargo information have been around for decades, it is still common to find shippers or superintendent companies acting on their behalf providing shipowners and masters with wrong or incomplete cargo information for mineral and agricultural products carried in bulk.

The Brazilian Civil Code establishes that cargo delivered to the carrier must be characterised according to its nature, value, weight, quantity, and whatever is necessary to avoid confusing it with other shipments. The Commercial Code, in its part still in force, stipulates that the bill of lading must describe the quality, quantity, weight and, if applicable, marks of the cargo received for transport. Neither statute requires a specific cargo declaration form.

The International Convention for the Safety of Life at Sea, 1974 (SOLAS), generally addresses various aspects of maritime safety. Chapter VI specifically deals with provisions for the safe carriage of solid bulk cargo.

The International Maritime Organization (IMO) expanded SOLAS provisions in the form of the International Maritime Solid Bulk Cargoes Code, 2008 (IMSBC Code), which introduced a set of procedures to be adopted when shipment of listed solid bulk cargoes is contemplated. It became mandatory in 2011 under the SOLAS Convention.

Where a solid bulk cargo is not listed, the Code requires shippers to provide the competent national authority, before loading, with the data on the characteristics and properties of the product proposed to be carried in bulk so that that authority can assess its acceptability for safe transport, issue the relevant approval documents and follow the reporting procedures outlined in the IMSBC.

If the loading port authority determines that the intended unlisted cargo presents hazards, such as those of Groups A, B or A and B of the Code, the flag State and the competent authority at the discharge port should be consulted to dispense advice and impose conditions for safe carriage.

The Grain Code is mandatory for all ships covered by the SOLAS Convention but does not prescribe a specific format for the shipper to relay cargo information. Some shippers and superintendent companies adopt the same form mandated by the IMSBC Code and only fill in the applicable fields of the document.

While SOLAS broadly regulates cargo carriage by sea, IMO Code of Practice for the Safe Loading and Unloading of Bulk Carriers, 1997 (BLU Code) specifically guides shipmasters, terminals and stakeholders towards the safe handling, loading and unloading of solid bulks concerning structural and operational aspects of the vessel.

In 2005, IMO approved the Manual on Loading and Unloading of Solid Bulk Cargoes for Terminal Representatives (BLU Manual) to supplement the BLU Code. As its title suggests, the BLU Manual is aimed at terminal personnel to improve the ship-terminal interface for the smooth operation of bulk carriers.

Most of the liability when loading and carrying solid bulk cargo falls on the shoulders of the carrier through the master. He must satisfy all requirements of relevant local regulations and IMO codes.

The master must refuse to transport cargo that is visibly in poor condition or that may pose a hazard to human health or the safety of the vessel and property on board. He must also reject any cargo not accompanied by legally required documents or whose appearance, order or condition does not correspond to the information stated by the shipper. Otherwise, the master remains responsible for the safe loading, stowage, safekeeping, and cargo delivery to the rightful consignee at the agreed discharge port.

Under domestic and international regulations, the shipper is legally responsible for providing the carrier with all necessary descriptions of the cargo intended for transport, ensuring that all legal requirements and procedures are fulfilled before loading. It includes compliance with rules and norms issued by the Ministry of Agriculture, Livestock and Supply (MAPA) and other federal regulatory bodies, such as the National Mining Agency (ANM).

The operator of the port terminal or facility is legally liable for ensuring that the loading and stowage of cargo are carried out as agreed with the master or his duty officer and for unloading any cargo whose carriage is prohibited or whose apparent order and condition deviates from the information furnished by the shipper.

Even though the regulations covering cargo declarations have been around for some time, it is still usual to see Brazilian shippers and superintendent companies furnishing inaccurate or incomplete cargo information and declaration forms to the master.

3a8082e126