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SOLAS VGM_Supplementary Industry FAQs Jun 2016 (A4 size) WEB

VERIFIED GROSS MASS SUPPLEMENT ARY INDUSTRY FAQS

Implementation of the SOLAS amendments effective from1July2016

CONTENTS

Introduction1 Section A: General2-5 Section B: Method 1 6 Section C: Method 2 7-8 Sponsors 9

The numbering used in this document follows on from that used in the December 2015 Industry FAQs. There are some issues that expand on the answers previously provided, which are denoted with the use of the same number as in the December document and the addition of ‘bis’.

This further guidance should always be read in the context of more detailed information, being:

?the primary source materials published by IMO

(a)The International Convention for the Safety of Life at Sea

(SOLAS),1974, as amended, Chapter VI Carriage of Cargoes and Oil Fuels, Part A General Provisions,Regulation 2 Cargo information (b)MSC.1/Circ.1475 Guidelines Regarding the Veri?ed

Gross Mass of a Container Carrying Cargo (c)MSC.1/Circ.1548 Advice to Administrations, Port State

Control Authorities, Companies, Port Terminals and

Masters regarding the SOLAS Requirements for Veri?ed Gross Mass of Packed Containers ?guidance from Competent Authorities

The relevant Competent Authority within any given signatory to SOLAS may not be easy to identify. Although

promulgated in relation to the IMDG Code, the following IMO Circulars setting out contact information for maritime competent authorities may provide valuable ‘starting point’

data to assist stakeholders where further national guidance is being sought.

(a)MSC.1-Circ.1517 – IMDG (b)MSC.1-Circ.1517 –Corr.1

All should note that ‘Veri?ed Gross Mass’ (VGM)?is a new requirement in relation to packed containers ?uses a clearly de?ned term purely for ship loading purposes (i.e. different from other documentation, such as the bill of lading or customs declarations)

?requires a weighing process (direct weighing for Method 1or summation of all component elements for Method 2),

using calibrated and certi?ed weighing equipment compliant in the state in which the equipment is used

?must be communicated to the carrier/marine terminal, in accordance with speci?ed times and methods, and thereafter used in the ship stowage planning process ?without VGM, a packed container shall not be loaded on to the ship.

If you have speci?c questions that arise from this document,you are invited to approach one of the sponsoring

organisations. It should be noted that some issues may only be resolved with the relevant Competent Authority or commercial counter-party.

INTRODUCTION

These ‘Supplementary Industry FAQS’ have been compiled in response to questions that have been raised by the industry in relation to the revised

SOLAS regulation requiring ‘veri?ed gross mass of packed containers’ further to the publication of ‘Veri?ed Gross Mass Industry FAQS’ in December 2015.

A1.In the event we buy a product from a foreign supplier on FOB terms, we are the party concluding a contract of carriage with the maritime carrier. Due to local

rules, the supplier, who is also packing the container, may be identi?ed as shipper on the bill of lading.

Which entity is responsible for communicating VGM

in a timely fashion?

The shipper named on the maritime carrier’s bill of lading

remains the responsible party under the SOLAS

amendment for VGM. In your example, the supplier is the party responsible for obtaining the VGM and for

providing it to the carrier, since the supplier is named as

shipper on the bill of lading. Y ou are encouraged to

ensure that between yourself and the supplier, the VGM

is obtained using either Method 1 or Method 2 as

appropriate, in accordance with regulations applicable in

the country where the packing takes place.

A2.I understand the VGM must be documented on a shipping document. Is documenting the VGM and

signature on the Commercial Invoice and/or Packing

List suf?cient?

The signed ‘shipping document’ evidencing the VGM

must be a document (which can be electronic) that is

acceptable to the maritime carrier and complies with any

national regulatory requirements. It is strongly

recommended that you contact the relevant maritime

carrier to determine what would be acceptable. There is

no international template for the shipping document to be used for communicating the VGM.

A4.Where a discrepancy is found in the declared VGM, what are the obligations of the carrier and terminal?

The shipper is responsible for obtaining and providing an accurate VGM to the ocean carrier and terminal operator.

Incorrect VGM information may be subject to penalty

pursuant to applicable national legislation.

Neither the carrier nor the terminal is required to con?rm

the VGM provided by the shipper. In the event a packed

container is weighed at some point during its transport

and found to differ from the declared VGM, national

requirements may exist for how to deal with the situation,

but there is no internationally de?ned requirement to

notify any authority. Clearly, in order to minimise

disruption to the supply chain, the stakeholders should

communicate, plan in advance and agree what should be done in relation to any such container.

If a container is found to be packed beyond the maximum mass permitted on its approval plate, it shall not be

loaded on board a ship or transported by any other

mode; the stakeholders will have to make arrangements

to have the cargo re-packed and for the apportionment of the costs involved.A6.How accurate does the VGM need to be? Is there a percentage +/- or is there +/- mass?

It is important to distinguish between the issue of

accuracy and the issue of government enforcement

tolerance thresholds:

The SOLAS regulations require, for both Method 1 and

Method 2, that the mass be obtained using certi?ed and

calibrated weighing equipment in conformance with

applicable requirements and standards in the jurisdiction

where the weighing takes place. These requirements and standards establish the accuracy with which the mass

will be obtained. Therefore, if such equipment is used to

obtain the veri?ed gross mass, then the shipper is in

compliance with SOLAS and the VGM obtained will have an accuracy that is acceptable – even if, for whatever

reason, the container is weighed again at some other

place and that weighing results in a different gross mass.

In this regard, the expectation should be that in the

overwhelming majority of cases the carrier and the

terminal will rely on the VGM provided by the shipper and no re-weighing would need to take place.

If such certi?ed and calibrated weighing equipment is

used, with the implied accuracy, then the shipper will also normally be within the tolerance thresholds that

governments may establish in relation to any enforcement action. No reasonable government would establish an

enforcement threshold that is more stringent than that

applicable to certi?ed and calibrated weighing

equipment. This would apply also to cases where the

mass of the goods may differ due to atmospheric

conditions or hygroscopic properties of the goods.

A14.Once the container is packed and sent to the nearest weighbridge, what happens if it is found to be

overweight for the national road limits or overloaded

for the vehicle/trailer purposes?

Establishing the veri?ed gross mass of the packed

container after the commencement of transport may

result in ?nding that the unit is overweight for purposes of national road or rail regulations, or indeed overloaded in

terms of the capacity of the container. Where this

happens, it will not be possible to continue the transport

without breaking the law, which the road haulier or rail

operator should not be prepared to do. The shipper will

have to make arrangements to repack the cargo in order

to comply with the applicable regulations.

A15.Mass information is provided already for bill of lading and customs declaration purposes; how does that

information relate to what is now required under

SOLAS?

The veri?ed gross mass that is required under SOLAS

relates to the packed container, including dunnage and

securing, together with the tare mass of the container.

VGM re?ects the mass of the entirety of the consignment presented for loading on board a ship and is distinct

from other trade mass values such as used for bills of

SECTION A: GENERAL

bis

lading (relating to contractual liability) or customs

declarations (for tariff ?ling and customs duties). SOLAS

requires the veri?ed gross mass to ensure that the

correct value is used for ship stowage planning

purposes; this safety requirement necessarily differs from other values used in trade.

See also A25(in relation to showing VGM on bills of

lading).

A16.Is it permissible for a shipper (particularly a cargo seller) to issue a blanket certi?cation stating that all

weights submitted are based on the use of certi?ed

scales using the methodology required by SOLAS?

The SOLAS VGM requirements are clear that the

obligation of the shipper to obtain and communicate the

veri?ed gross mass applies to individual containerised

shipments; no blanket certi?cation is allowed under the

SOLAS regulations.

A17.What records are required and for how long should they be retained?

The SOLAS regulations require simply the VGM value

(clearly stated as such) and a signature on the VGM

document. There may be national requirements for the

content of this document, but additional data elements

required by carriers would, as a minimum, include the

container number, the booking number, the name of the

third party submitting the document (if applicable), name of the shipper, and the date on which the VGM is obtained.

The signed VGM document may be provided

electronically in which case the signature may be an

electronic signature or may be replaced by the name in

capitals of the person authorised by the shipper to sign

the VGM shipping document. Certain jurisdictions may

accept a corporate signature.

The commercial parties should retain VGM evidence

(which may include underlying weight certi?cates and

other documentation) at least until the conclusion of the

carriage by sea. Retention for a longer period may also

be advisable. There may be national regulations in place

that should be taken into consideration.

A18.Can the VGM be provided at the time of booking in order to simplify our processes, whether through a

freight forwarder or the entity supplying the cargo for shipment?

Obtaining VGM requires knowledge of either: (1) the

total mass of the packed container, or (2) the

combination of the tare mass of the container plus the

mass of the cargo, dunnage and securing material that is

packed into that container. It is theoretically possible that

this information may be known at the time of booking.

However, in reality, and even where there are standard,

homogenous cargo types involved, all the information

necessary to derive a correct VGM may only be known at some stage after the booking.A19.Does SOLAS care if the VGM is reported incorrectly, but still within limits for the container or carrying by road or rail?

The revision to SOLAS is a safety requirement designed

to give the maritime carrier and the terminal operator the

accurate weight of the packed container. Risk is

increased where the declaration of mass is inaccurate,

whether under or over. Thus, the purpose is more

comprehensive than simply making sure that the

container is not packed beyond its maximum weight

capacity or the road or rail weight limits. An inaccurate

VGM, or one not derived properly using Method 1 or

Method 2 would violate the regulation and may be

subject to penalty under national legislation.

A20.Where a container or its contents become damaged during transit and, as a consequence, have to be

repacked, what responsibility rests with the shipper

under the maritime carrier’s bill of lading?

The maritime carrier concerned will need to have internal

procedures in place to ensure that an accurate gross

mass value is used for any further stow planning

necessary for the repacked container to reach its

destination.

A21.Is it correct that the SOLAS requirement for VGM does not apply to domestic movements even if the

containers are stowed on ships which are subject to

SOLAS chapter VI?

The SOLAS VGM requirements apply to ships on

international voyages, having a gross tonnage of 500

tonnes or more. However, the individual Administration

(?ag state) may subject ships on domestic voyages to

any SOLAS requirements, including in relation to VGM.

It should be recognised that a domestic movement may

be prior to an international movement from a port of

transhipment. It is suggested that the VGM be obtained

at the earliest possible point in the supply chain for safety purposes, also recognising that it will be required in any

event as a pre-condition for ship loading at the

transhipment port where weighing of the packed

container may be impractical, if not impossible.

A22.Containers loaded as ro-ro are exempt; does this also apply where two containers are loaded on top of each other on a chassis?

For the purpose of the VGM regulations, there are

exemptions for packed containers on chassis driven onto

ships engaged in short ro-ro voyages of less than 600

nautical miles and no more than 200 miles from a port of

refuge at any time. However, if such a container is on

such a ro-ro ship for transhipment to a SOLAS

containership (lift on-lift off), it will require a VGM in the

transhipment port.

In some situations, it may be that two containers are

loaded vertically on to a chassis for carriage on a ro-ro

ship. Where this occurs, it is strongly recommended that

the VGM is obtained in advance, since one or both will be lifted at the transhipment port. However, for the short ro-ro voyage there is not strictly any requirement for VGM.

A23.Whichever stakeholder faces a pecuniary penalty, can recovery actions be pursued against the cargo

interests?

Breach of these regulations will be subject to national

law. The SOLAS regulations do not address penalties or

recovery of pecuniary penalties. It is likely that

counterparties will establish contractual terms that seek

to facilitate recovery or indemnity in certain

circumstances, which will be subject to contractual rules

in the particular jurisdiction concerned.

A24.What if a container is delivered to a port for shipment prior to 1July, for which VGM is not required, but only

loaded on board a ship after1July? Similarly,

containers may be loaded at the initial export port

prior to1July, but transhipped later.

Strictly, under the SOLAS VGM regulation, it is the date

of the loading of the packed container aboard ship that

determines whether a VGM is required. Equally, a packed

container to be transhipped for loading aboard another

ship on or after 1 July, where no VGM is communicated

by the arriving ship to the transhipment terminal, a VGM

must be obtained before the container may be loaded

aboard the departing ship.

Recognising these kinds of potential issues, IMO has

issued MSC.1/Circ.1548 on 25 May 2016 urging

governments to adopt a ‘pragmatic and practical’ approach to enforcement for the ?rst three months, until1October

2016. The Circular speci?cally suggests that enforcement ?exibility should apply to transhipped containers, which

may begin movement (without a VGM) prior to1July

2016, but which are subsequently loaded onto a SOLAS

ship after that date. Nevertheless, IMO stressed the

safety importance of this and similar regulations, and the

expectation should be that all stakeholders take all

reasonable steps to be in compliance from1July 2016.

The Circular is not to be interpreted as a delay or

postponement of the SOLAS VGM requirements.

A25.Will VGM need to be entered on the face of the bill of lading?

SOLAS does not require VGM to be identi?ed in the bill

of lading. See also A15.A26.A container may be packed in one state and loaded at a port in another, or transhipped in yet another.

Which standards will be applied by any enforcement

of?cers?

Enforcement is the prerogative and competence of

national governments.

However, the revised regulation requires VGM to be

obtained in accordance with the rules and requirements

of the state where the packing and sealing of the

container is completed and the weighing equipment is

used (MSC.1/Circ.1475 paragraphs 5.1.2.3 and 7.1).

From a safety perspective, this should be prior to the

packed container commencing its transit. A VGM validly

obtained at that point will meet the purposes of the

SOLAS requirements throughout the supply chain. It is

recognised that weight may differ, apart from margins of

error in the equipment used, by reason of cargo

characteristics and atmospheric conditions. However,

such variations should not present safety concerns.

A27.Do empty containers needs to be weighed?

MSC.1/Circ.1475 paragraph12.1states that empty

containers are not required to be weighed, although

stakeholders are encouraged to have processes to ensure that containers declared as empty are indeed empty.

See response to B8for “empty/dirty” tank containers.

A28.I understand shippers will be responsible to provide the VGM to the carrier and terminal operator. If it is

provided to our freight forwarder, may that entity

communicate the VGM to the carrier and terminal

operator or must the shipper do this?

The party responsible for obtaining and providing the

VGM to the carrier and the terminal operator is the

shipper identi?ed as such on the bill of lading issued by

the maritime carrier. Any other entity, including a freight

forwarder, duly authorised by the shipper to obtain and

sign the VGM may communicate it to the carrier and

terminal operator.

A29.Is our freight forwarder responsible to ensure the VGM documentation follows the container from place

of pick up to place of destination?

The shipper obligations under this SOLAS amendment

are to provide the VGM to the maritime carrier and

terminal operator suf?ciently in advance to be used in the

preparation of the ship stowage plan. It is thereafter the

responsibility of the maritime carrier to use the

information and pass it on to any transhipment port for

use in the ship stowage plan for any subsequent carriage

by sea. Thus, there is no continuing obligation on the

shipper or any freight forwarder.

A30.How does breakbulk cargo ?t within the SOLAS VGM regulation? The regulation speci?cally calls for

containerised freight. Has there been any discussion

on how we will handle breakbulk cargo? Would it be

handled using the same guidelines?

If the breakbulk cargo is placed on or in a single container of any type, which is regulated by the International

Convention for Safe Containers (CSC), e.g. out of gauge

cargo on a ?atrack, then the shipment is covered by the

SOLAS VGM requirements.

If the breakbulk cargo is loaded on board separately,

whether or not onto a series of ?atrack containers which

are used to provide a temporary supporting platform or

deck, then the shipment is not covered by the SOLAS

VGM requirements.

A31.Shipments may be resold en route. Most frequent is reselling goods whilst on the water. Less frequent is

for goods to be resold prior to loading on board ?rst

ship, but it can happen. How would both of these

scenarios need to be handled in respect to VGM?

In the ?rst scenario, the container must in order to have

been loaded onto the ship in the ?rst place have had a

VGM obtained and provided by the original shipper. The

fact that the goods are subsequently sold while on the

water is immaterial for compliance with the SOLAS

requirement.

In the second scenario, the same requirement applies –

a VGM must be obtained and provided by “the shipper”

in order for the packed container to be loaded aboard

ship. “The shipper” should under the SOLAS VGM

requirements be interpreted to mean the actual shipper.

Therefore, if the goods are resold before they are loaded

aboard ship and this sale results in a new actual shipper

being identi?ed in the maritime carrier’s bill of lading, then

this new entity would be required to provide the VGM

even if the previous shipper had already obtained a VGM.

If the new shipper has con?dence in the previous

shipper, the new shipper can issue a VGM based on the

previous shipper’s documentation.

A32.Is the terminal operator required to obtain the VGM directly from the shipper, or can the carrier transmit

the VGM to the terminal operator after the carrier

receives it from the shipper?

The terminal operator is not required to receive the VGM

directly from the shipper. MSC.1/Circ.1475 paragraph

6.3.1makes clear that the requirement is that both the

carrier and the terminal operator use the VGM in preparing the ship stowage plan, but how the information ?ows and

is shared among the parties is left to the operational and

commercial discretion of the parties in order to allow for

the most ef?cient processes to be used.A33.Do the SOLAS regulations require that the shipper’s weight declaration be certi?ed or approved by a

government agency?

The SOLAS regulations do not require that a competent

authority should certify or approve the signed weight

certi?cate provided by the shipper to the carrier.

However, national rules may, in addition to the

certi?cation and calibration of the weighing equipment,

apply regarding the approval or certi?cation of the

weighing method and/or the shipper obtaining the VGM. A34.Where vehicles are packed in/on containers, can the weight from the vehicle registration documents be

used as VGM weight?

Simply providing the gross mass of the vehicle as

indicated on the registration papers would not qualify as

the VGM; the gross mass of the vehicle would be only

one of the elements that would make up the VGM. For

example, vehicles in containers are sometimes secured

with web lashings, sometimes they are placed in fairly

elaborate frameworks of timber or proprietary systems

that may have considerable mass.

A35.Instead of a freight forwarder being the consolidator,

a maritime carrier may consolidate shipments from

multiple shippers into a container and issue maritime carrier master bills of lading to each of these

shippers. In these situations, who is responsible for

obtaining the VGM?

When the maritime carrier acts as a consolidator and

issues bills of lading to each of the shippers whose cargo is consolidated by it into the container, the maritime

carrier is responsible for obtaining the VGM. The carrier

can obtain the VGM using either Method1or Method 2.

However, there would be no need for the maritime carrier to issue a VGM certi?cate to itself as the carrier is

obtaining the VGM information through its own efforts.

B6. A weighbridge solution for Method 1, unless involving

a process by which the packed container is lifted off

the chassis, requires knowledge of the mass of the

chassis and any variables (such as gensets, other

gear, fuel, etc.). Will it be permitted to estimate these

in order to identify the VGM value?

MSC.1/Circ.1475 paragraph11.1states that these

elements should be subtracted re?ecting ‘the tare mass

of the road vehicle (and, where applicable, the tractor) as indicated in their registration documents as issued by the competent authority of the State where these assets are

registered. The mass of any fuel in the tank of the tractor

should also be subtracted’.

Since the shipper remains responsible for procuring the

VGM, that entity will need to establish due diligence

checks to ensure that an accurate value is obtained. Use

of a certi?ed weighbridge or scale that complies with

applicable requirements and standards in the state where the weighing occurs will ensure that the resulting

calculation of the gross mass of the packed container

can be relied upon as being in compliance with the

SOLAS requirements.

B7.It is recognised that bulk cargoes (such as scrap metal or ISO tank containers) are required to adopt

Method1for VGM of the packed container. Where a

shipper has a process by which the mass of the

vehicle and empty container is established on entry

to the premises, and the packed/?lled container and

vehicle are weighed again on exit, is it acceptable to

calculate the VGM?

Assuming that the vehicle remains the same and the

mass will not have changed, the following is considered

an appropriate Method1process:

(a)weigh truck, chassis and container ‘empty’;

(b)weigh truck, chassis and container ‘full’;

(c)subtract ‘empty’ mass from ‘full’ mass to obtain the

packed cargo weight (including any dunnage,

securing etc); and

(d) add tare mass as marked on the container or as

provided by the container operator.

This would be in compliance with the SOLAS Method1,

provided that the weighing equipment used is certi?ed

and calibrated in accordance with the applicable

standards and rules in the state where the equipment is

being used. In simple form VGM = (b) – (a) + tare.B8.Tank containers are often transported ‘empty/dirty’for a return leg. Does MSC.1/Circ.1475 paragraph

12.1exempt such containers?

See response to A27regarding empty containers in

general.

However, ‘empty/dirty’ tank containers are not considered empty in the same manner and will have to be weighed

using Method1in order to obtain a VGM. It should be

noted that this is consistent with other cargo related

declarations, including in relation to dangerous goods.

B9.As a shipper I would prefer if my packed containers could be weighed at the marine terminal. Is that

possible and would this meet the SOLAS VGM

requirements?

A shipper may, subject to any national rules and

requirements regarding approval and/or certi?cation,

contract with any third party offering weighing services to

obtain and provide VGM, including marine terminals.

Such a VGM would be valid provided the weighing

equipment meets applicable standards and requirements

in the state where the equipment is used.

While many marine terminals will offer VGM weighing

services, not all are able or willing to do so. It is incumbent on the shipper to ensure that arrangements are in place

to obtain and provide VGM, including satisfying any 'cut

off' time established by the carrier before the packed

container may arrive at the marine terminal.

C5.It is possible for a freight forwarder to act as a principal, without being named as ‘shipper’ on the

maritime carrier’s bill of lading; does this absolve the

freight forwarder from the legal responsibility to

provide VGM?

It is recognised that there are innumerable permutations

for the contracts between the parties. The SOLAS VGM

amendment and guidelines state that the ‘shipper’ for these purposes is the entity shown as such on the maritime

carrier’s bill of lading. In all circumstances, that entity needs to put in place a mechanism by which VGM is obtained

and provided to the carrier and the terminal, regardless of

whether it is relying on third party providers for any part

of the supply chain services. Where a freight forwarder is

involved in any capacity, it is important that the freight

forwarder thoroughly understands the obligations of these (and other) regulatory requirements and communicates

appropriately to the client to ensure compliance.

C6.Who is responsible for tare mass of containers?

In relation to the Method 2 process, shippers are

required to use the tare mass of the container as marked

on the container door or provided by the container

operator. However, the responsibility for the tare mass

remains solely with the container owner/operator, in

accordance with the International Convention for Safe

Containers, 1972 (CSC) as amended.

C8.Where a container is consolidated with cargo from more than one shipper, which entity is responsible to

obtain and communicate VGM?

The entity responsible for obtaining and communicating

the VGM to the carrier and the terminal is the shipper

identi?ed as such on the maritime carrier’s bill of lading.

In many instances, this will be the entity involved at the

completion of the packing process, at which point all

masses of cargo, dunnage and securing material can be

summed, together with the tare mass of the container.

C9.Cargo may be palletised and transported by truck from one state to another, prior to being packed into

a container. Equally, a shipper under the maritime

carrier’s bill of lading may be located in one state,

whereas the packer is located in another. Which

state’s regulations apply in relation to the container

packing using a Method 2 process?

In both cases, it is the regulations of the state in which

the packing and sealing of the container is completed

that apply. Such regulations may pertain to the process

used or the shipper or both.

Thus, while the contracts may involve parties from other

states, effective due diligence and appropriate service

contracts setting out the obligations between the parties

will be required to ensure that compliance is achieved. C10. MSC.1/Circ.1475 states that Method 1 should be used for ISO tank container bulk cargo, but

volumetric measurement devices are surely

suf?ciently accurate to obtain VGM.

Volumetric measurement would require an auditable

process that records additionally the speci?c gravity and

temperature of the cargo at the time of ?lling in order to

calculate a valid VGM. However, the IMO guidance

makes no permission for this and an ISO tank container

(or ?exitank) should be weighed using Method1.

C11.As a consolidator, there are frequently multiple entities placing cargo in the same container; who is

responsible for VGM?

The shipper named on the maritime carrier’s bill of lading

remains responsible. There are many permutations by

which the cargo is presented and packed; it is

recognized that the ‘shipper’ may ultimately have no

physical control over the packing at any point.

Consequently, the shipper, that in this case is also the

consolidator, will need to implement a process and

supporting contractual arrangements to ensure that all

elements required under Method 2 are taken into

account. This will involve ensuring that the entities

presenting the constituent cargoes understand the

obligations to provide accurate mass and take

contractual responsibility for doing so. Furthermore, any

third party service provider actually packing the container will have to maintain a documented process to sum

cargo, pallets, dunnage and securing material, plus

adding in the tare mass of the container being packed.

Such a shipper/consolidator will need to consider:

(a) communication with counterparties about the new

obligations;

(b) due diligence as to what capability a counterparty,

particularly one on whom the shipper may rely to

provide information, has in relation to physically

weighing and carrying out required processes; and

elements of the cargo handled.

Ultimately, the consolidator who is named as the shipper

on the maritime carrier’s bill of lading should be checking, though contractual and practical arrangements, that the

?nal entity who puts the last cargo inside the container,

closes the door and seals it, satisfactorily obtains and

communicates the VGM to the carrier and terminal.

bis bis

C12.As a shipper, I wish to use Method 2 to obtain the VGM. However, my government has not promulgated

any requirements on how to become designated a

Method 2 shipper. Does the absence of such

requirements mean that I may not use Method 2?

Although the SOLAS VGM amendments grant authority

for States to impose additional requirements for shippers

in relation to Method 2, the amendments at the same

time set forth the basic requirements such that a State

may choose not to promulgate any additional national

legislation. The exercise of discretion not to impose

additional requirements is as valid as an exercise of

discretion to impose additional requirements. If a State

chooses not to impose additional requirements, Method 2 remains an acceptable alternative for that State and,

further, shippers within its jurisdiction may be regarded,

and act, as Method 2 shippers, so long as they meet the

basic requirements of the SOLAS VGM amendments of

using calibrated and certi?ed weighing equipment in

conformance with applicable national standards and

requirements, and adopt a documented procedure to

calculate the total gross mass as set forth in the SOLAS

VGM amendments.C13.Does Method 2 require the shipper weighing the packages, also to mark the gross mass on each

package, which in our case would the pallet mass?

There is no obligation for a shipper, using Method 2, to

indicate the gross mass of each package/pallet being

packed into the container. It is the total VGM of the

container with all its contents and including the container tare weight that must be obtained and provided to the

maritime carrier and the terminal operator.