Bulk Cargo - Safe Loading and Unloading of Bulk Carriers 2003 - Uk Govt Regulations
Bulk Cargo - Safe Loading and Unloading of Bulk Carriers 2003 - Uk Govt Regulations
Spring Place 105 Commercial Road Southampton SO15 1EG July 2003
SAFE LOADING AND UNLOADING OF BULK CARRIERS EC Directive 2001/96/EC (establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers) entered into force on 5th February 2002. It is being implemented by means of The Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulations 2003 (the 2003 Regulations) which apply the requirements of the Directive from 1st March 2004. This will be done by cross-referring to the requirements set out in this publication. The purpose of this publication is to help ship-owners, masters, crews, terminal operators and industry in general understand and comply with the new requirements. It is based on text of the relevant Articles from the Directive. Where appropriate, explanatory guidance notes relating to the requirements have been included, in addition to extracts from the BLU Code and references to the Directive
The separate sections are colour coded as follows:
Text of General Provisions Text of Requirements, to which cross reference is made in the 2003 Regulations Guidance Notes In the electronic version of this document, hyperlinks for navigation have been introduced throughout the document.
CONTENTS Section 1: Purpose Section 2: Scope Section 3: Definitions Schedule 1: Requirements in relation to the operational suitability of bulk carriers for loading and unloading solid bulk cargoes.
Part 1: General Part 2: Recommended layout for checklist
Schedule 2:
Requirements in relation to the suitability of terminals Part 1: General Part 2: Requirements in relation to the suitability of terminals for loading and unloading solid bulk cargoes Part 3: Terminal information books
Schedule 3:
Responsibilities of the master Part 1: General Part 2: Information to be provided by the master to the terminal Part 3: Duties of the master prior to and during loading or unloading Operations Part 4: Form for required cargo information
Schedule 4:
Responsibilities of the terminal representative Part 1: General Part 2 : Information to be provided by the terminal to the master Part 3: Duties of the terminal representative prior to and during loading and unloading operations
Schedule 5:
Procedures between bulk carriers and terminals Part 1: General Part 2: Loading or unloading plan Part 3 : Guidelines for completing the ship/shore safety checklist Part 4: Ship/shore checklist for loading and unloading dry bulk cargo carriers.
Schedule 6: Schedule 7:
Repair of damage incurred during loading and unloading Role of Competent Authority
SECTION 1 : PURPOSE Purpose The purpose of EC Directive 2001/96/EC and of this MCA document is to enhance the safety of bulk carriers calling at terminals in the Member States in order to load or unload solid bulk cargoes, by reducing the risks of excessive stresses and physical damage to the ship's structure during loading or unloading, through the establishment of: 1. 2. harmonised suitability requirements for those ships and terminals, and harmonised procedures for co-operation and communication between those ships and terminals.
Scope
SECTION 2 : SCOPE This Maritime and Coastguard Agency (MCA) document applies to: 1. 2. all bulk carriers, irrespective of their flag, calling at a terminal for the loading or unloading of solid bulk cargoes in the United Kingdom or in United Kingdom waters; and all terminals in the Member States visited by United Kingdom flagged bulk carriers falling under the scope of this Directive.
This MCA document does not apply to facilities that only in exceptional circumstances are used for loading and unloading dry cargo in bulk into or from bulk carriers, and does not apply in cases where the loading or unloading is carried out solely with the equipment of the bulk carrier concerned. The requirements in this document do not apply to ships which are: Guidance Guidance a) not bulk carriers, by definition b) carrying grain or; c) loading or unloading using shipboard equipment only The MCA considers that the requirements of this document will still not apply, when loading or unloading bulk carriers using only shipboard equipment whether the cargo operations are conducted by the ships crew or shore personnel. The MCA considers that examples of exceptional circumstances are when a ship must discharge its cargo in a port that does not normally handle bulk cargoes due to bad weather or when it enters a Port of Refuge for repair. If the visits to a bulk carrier terminal are planned, even if infrequently, such terminals would still be covered by the Directive. Where there is any doubt regarding exceptional circumstances, the MCA should be contacted and will consider applicability on a case-by-case basis. Terminals or stevedoring companies can write or phone the MCA at the address below for advice as to whether the Directive applies to their particular terminal or operations: Environmental Quality Branch Maritime and Coastguard Agency Spring Place 105 Commercial Road Southampton Hants SO15 1EG Telephone Number: 023 8032 9100 The 2003 Regulations are additional to the Merchant Shipping (Carriage of Cargoes) Regulations 1999 (S.I. 1999/336).
Definitions
SECTION 3 : DEFINITIONS In this MCA document the following expressions have the following meanings respectively, except where the context requires otherwise. : .1 BLU Code means the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, as contained in the Annex to IMO Assembly Resolution A.862(20) of 27 November 1997, as it stands on 5 February 2002. bulk carrier means any of the following ships which is of 500 gross tonnage or more: a ship constructed with a single deck, top-side tanks and hopper-side tanks in cargo spaces and intended primarily to carry dry cargo in bulk; or an ore carrier, where ore carrier means a sea-going single deck ship having two longitudinal bulkheads and a double bottom throughout the cargo region and intended for the carriage of ore cargoes in the centre holds only ; or a combination carrier means a tanker designed to carry oil or alternatively solid bulk cargo. The definition for a bulk carrier is presently under review at IMO to take account of the fact that the design of new double-side-skin bulk carriers may differ substantially from that of bulk carriers satisfying the current definition. Regulation 3 in Chapter 1 of SOLAS provides that cargo ships of less than 500 gross tonnage are not covered by the Regulations in the Annex to SOLAS, unless expressly provided otherwise. The definition of bulk carrier in the Directive provides for it to have the same meaning as in Regulation 1.6 of Chapter IX of SOLAS (as interpreted by Resolution 6 of the 1997 SOLAS Conference). Regulation 1.6 of Chapter IX does not expressly provide for application to ships of less than 500 gross tonnage (gt). Accordingly, the 2003 Regulations do not apply to ships under 500gt.
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Guidance
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Dry cargo in bulk or solid bulk cargo means any material other than liquid or gas, consisting of a combination of particles, granules or any other large pieces of material generally uniform in composition, which is loaded directly into the cargo spaces of a ship without intermediate form of containment. excluding grain;
Guidance
The 2003 Regulations do not cover terminals that only receive grain cargoes and bulk carriers only carrying grain. IMO are at present considering the inclusion of grain cargoes into the BLU code and this may be reflected in an amendment to Directive 2001/96/EC. .4 .5 grain includes 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. terminal means any fixed, floating or mobile facility equipped and used for the loading or unloading of dry cargo in bulk into or from bulk carriers.
Guidance
Equipped is considered by the MCA to include those terminals that use portable cranes for loading /unloading.
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terminal operator means owner of the terminal, or any organisation or person to whom the owner has transferred the responsibility for loading or unloading operations conducted at the terminal for a particular bulk carrier.
Guidance
In the cases where the responsibility for loading or unloading of bulk carriers has been transferred to a stevedoring company, the stevedoring company will be regarded as the terminal operator for the purpose of the 2003 Regulations. This means that the stevedoring company has the responsibility of appointing the terminal representative and having the quality system required by the 2003 Regulations for the particular terminal used for the particular cargo operation. This will allow the stevedoring company to load or unload solid bulk cargoes at different berths as long as the regulations are complied with. In the case where the equipment used to load or unload a bulk carrier covered by the 2003 Regulations is not owned by the stevedoring company, the company concerned will have the responsibility to ensure that the equipment is safe to use and the requirements to check the equipment are included in their quality system. The MCA may inspect such equipment as required by regulation 11 of the 2003 Regulations and Schedule 2 of this publication.
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terminal representative means any person appointed by the terminal operator, who has the overall responsibility for, and authority to, control the preparation, the conduct and the completion of loading or unloading operations conducted by the terminal for a particular bulk carrier.
Guidance
The MCA does not consider that the terminal representative must be limited to one person throughout the total process of loading/unloading. Account is taken of the need for personnel to be changed to take account of shift patterns and hours of work regulatory requirements. .8 master means the person (except a pilot) who has command or charge of a bulk carrier; and in particular, where a ships officer has command over the loading or unloading operations for a bulk carrier, master in this context means that officer. recognised organisation means an organisation recognised in accordance with Article 4 of Council Directive 94/57/EC (1). administration of the flag State in the UK means the competent authorities of the State whose flag the bulk carrier is entitled to fly. port State control authority means the Maritime and Coastguard Agency. .12 competent authority in the UK means the Maritime and Coastguard Agency, except for: - Schedule 3, Part 3, paragraph 10 - Schedule 4, Part 3, paragraph 11 where it means the Health and Safety Executive (HSE) , or in the case of Northern Ireland, the Health and Safety Executive of Northern Ireland, if the hot work is carried out by shore workers rather than by the crew of the ship.
.9 .10 .11
(1) Council Directive 94/57/EC of November 1994 on common rules and standards for ship inspection and survey organisations and for relevant activities of maritime administrations (OJ L 319, 12.12.1994, p.20). Directive as amended by Commission Directive 2001/105/EC (OJ L 019, 22.01.2001, p.9).
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required cargo information means the cargo information required by regulation 4(1)(b)(ii) of the Merchant Shipping (Carriage of Cargoes) Regulations 1999 (S.I. 1999/336) loading or unloading plan means the plan referred to in regulation 10(3) of the Merchant Shipping (Carriage of Cargoes) Regulations 1999 (S.I. 1999/336) and having the format as contained in Appendix 2 of the BLU Code, which is set out in Part 2 of Schedule 5 of this document. ship/shore safety checklist means the check list having the format as contained in Appendix 3 of the BLU Code, which is set out in Part 4 of Schedule 5 of this document. solid bulk cargo density declaration means the information on the density of the cargo to be provided in compliance with regulation 11 of the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999 (S.I. 1999/1644).
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SCHEDULE 1 Schedule 1
Schedule 1
REQUIREMENTS IN RELATION TO THE OPERATIONAL SUITABILITY OF BULK CARRIERS FOR LOADING AND UNLOADING SOLID BULK CARGOES
Part 1
Part 1: General
Terminal operators shall satisfy themselves as to the operational suitability of bulk carriers for the loading or unloading of solid bulk cargoes by checking that the bulk carriers comply with the following requirements: 1. They shall be provided with cargo holds and hatch openings of sufficient size and such a design to enable the solid bulk cargo to be loaded, stowed, trimmed and unloaded satisfactorily; They shall be provided with the cargo hold hatch identification numbers as used in the loading or unloading plan. The location, size and colour of these numbers shall be clearly visible to and identifiable by the operator of the terminal loading or unloading equipment; Their cargo hold hatches, hatch operating systems and safety devices shall be in good functional order and used only for their intended purpose; List indicating lights, if fitted, shall be tested prior to loading or unloading and proved to be operational; If required to have an approved loading instrument on board, this instrument shall be certified and operational to carry out stress calculations during loading or unloading; Propulsion and auxiliary machinery shall be in good functional order; Deck equipment related to mooring and berthing operations shall be operable and in good order and condition.
2.
3. 4. 5. 6. 7.
Guidance
The ships master or ship operator/agent should confirm the above, by providing the terminal operator with a checklist, an example of which is contained in Part 2 of this Schedule, before the ship is due to arrive at that terminal. This checklist may be sent by electronic means (XML or EDIFACT), fax or any other suitable method. If it is not practicable then the master should provide this information to the terminal operator as soon as possible. This could either be by VHF/MF/HF radio or as soon as the vessel arrives. The content of this checklist should cover all the matters referred to above. The ship operator is the owner of the ship, to which these requirements apply, or any other organisation or person such as the manager, or the bareboat charterer, who has assumed responsibility for the operation of the ship from the owner. Terminal operators should satisfy themselves that the bulk carrier using their terminal is operationally suitable by checking, as far as is reasonably practical, that the information supplied by the master is correct. If the Terminal operator has any doubts as to the suitability of a particular bulk carrier to load or unload solid bulk cargo at the terminal he should contact the MCA for guidance. There is provision in Regulation 13 of the 2003 Regulations for it to be a defence for a person to prove that they have taken all reasonable steps to ensure compliance with the Regulations. This
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defence may be relevant if the terminal operator has taken all reasonable steps to obtain a completed checklist from the master or ship operator. Compliance with these provisions will be checked by the MCA during inspections carried out for purposes of these Regulations. Part 2
Part 2: Recommended Layout of Checklist CHECKLIST TO SHOW THE SUITABILITY OF * FOR LOADING AND UNLOADING SOLID BULK CARGOES (* name of ship)
Cargo holds and hatch openings are suitable for cargo handling operations Holds are clearly numbered.(e.g. 1 4) on the hatch covers / coamings (*
please delete as appropriate)
Diagram
Cargo hold hatches, hatch operating systems and safety devices are in good functional order and used only for their intended purpose List indicating lights have been tested prior to arrival and are operational (N.B. only answer if fitted) Loading instrument is certified and operational to carry out stress calculations during cargo handling operations (N.B. only answer if required) Propulsion and auxiliary machinery is in good functional order Deck equipment for mooring and berthing operations is operable, in good order and condition Signed: (ship operator / master (* please delete as appropriate) Date
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Part 1: General
Terminal operators shall ensure that, as concerns terminals for which they assume responsibilities: 1. 2. 3. the terminals comply with the provisions of Part 2; terminal representative(s) is (are) appointed; information books are prepared containing the requirements of the terminal and competent authorities and information on the port and terminal as listed in Appendix 1, paragraph 1.2, of the BLU Code, which is reproduced in Part 3 below, and that these books are made available to the masters of bulk carriers calling at the terminal for loading or unloading solid bulk cargoes; and
Guidance
The 2003 Regulations make the terminal information book containing the BLU code mandatory but they do not make the Port information book mandatory. The MCA does however recommend that the ship be supplied with the port information book where available. 4. a quality management system is developed, implemented and maintained. Such quality management system shall be certified in accordance with the ISO 9001:2000 standards or an equivalent standard fulfilling at least all aspects of ISO 9001:2000, and it shall be audited in accordance with the guidelines of the ISO 10011:1991 or equivalent standard fulfilling all aspects of ISO 10011:1991. Directive 98/34/EC 1 shall be complied with in relation to the said equivalent standards.
Guidance
See the guidance contained under the definition for terminal operator with regard to the loading and unloading of bulk carriers by stevedoring companies working at different berths within the same or other ports. The Directive uses the word certified in respect of the QMS system, so the MCA considers that this means the ports QMS must be approved by an appropriate accreditation body. A transitional period of three years from 5th February 2002 shall be granted to set up the quality management system and one additional year to obtain the certification of the system. If required, the MCA can provide details of organisations that offer services for setting up QMS and audits. Please contact MCA at the address on page 5 for further advice. With regard to the second part of paragraph 4, the effect of the 2003 Regulations will be that a QMS system is to be in place by 5 February 2005 and certification is to be completed by 5 February 2006.
Guidance
5.
By way of derogation from the requirements of paragraph 4, a temporary authorisation to operate, valid for no more than 12 months, may be issued by the MCA for newly established
Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p. 37). Directive as amended by Directive 98/48 (OJ L 217, 5.8.1998, p. 18). 12
terminals. The terminal must however demonstrate its plan to implement a quality management system in accordance with the ISO 9001:2000 standard or equivalent standard, as set out in paragraph 4.
Part 2
Part 2: Requirements in relation to the suitability of terminals for loading and unloading solid bulk cargoes
1. Terminals shall only accept bulk carriers for loading or unloading of solid bulk cargoes at their terminal that can safely berth alongside the loading or unloading installation, taking into consideration waterdepth at the berth, maximum size of the ship, mooring arrangements, fendering, safe access and possible obstructions to loading or unloading operations. Terminal loading and unloading equipment shall be properly certified and maintained in good order, in compliance with the relevant regulations and standards, and only operated by duly qualified and, if appropriate, certified personnel. Terminal personnel shall be trained in all aspects of safe loading and unloading of bulk carriers commensurate with their responsibilities. The training shall be designed to provide familiarity with the general hazards of loading and unloading of solid bulk cargoes and the adverse effect improper loading and unloading operations may have on the safety of the ship.
2.
3.
Guidance
There are at present no established national or international training requirements for terminal personnel involved in the loading and unloading of bulk carriers. Until there is such a scheme, the MCA will accept existing appropriate training that takes place within the framework of existing health and safety legislation. 4. Terminal personnel involved in the loading and unloading operations shall be provided with and use personnel protective equipment and shall be duly rested to avoid accidents due to fatigue.
Guidance
The Health and Safety Executive (HSE) (or in Northern Ireland, the HSE of Northern Ireland) have responsibility for the areas covered by paragraphs 2 4. The legislation concerning this is Regulations 4 and 10 of the Personal Protective Equipment at Work Regulations 1992 (No. 2966) and Regulations 19(2), (3) and (5) of the Docks Regulations 1988 (No. 1655). Avoidance of fatigue is addressed in Regulation 8 of the Working Time Regulations (No. 1833) and Regulation 11(2) of the Docks Regulations 1988 (No. 1655). As the HSE have legislation that covers these requirements, only a limited legal requirement relating to paragraphs 2 4 is imposed under the 2003 Regulations (see regulation 12 of the 2003 Regulations). MCA surveyors will carry out all inspections, for the purposes of the 2003 Regulations, including areas for which HSE have responsibility . Should any deficiencies be found, the HSE will be informed and they will take appropriate action as necessary.
Part 3
4. 5. 6. 7. 8. 9.
water density at the berth the minimum and maximum size of ship which the terminals facilities are designed to accept, including the minimum clearance between deck obstructions mooring arrangements and attendance of mooring lines loading or unloading rates and equipment clearances loading or unloading procedures and communications cargo weight determinations by weightmeter and draught survey
10. conditions for acceptance of combination carriers 11. access to and from ships and berths or jetties 12. terminal emergency procedures 13. damage and indemnity arrangements 14. landing location of accommodation ladder 15. information on waste reception facilities
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Schedule 3 Part 1
SCHEDULE 3
Guidance
Schedule 4 Part 1.2 requires the terminal operator to be satisfied that the master has been advised as early as possible of the information contained in the cargo declaration.
4.
Prior to the start of and during loading or unloading the master shall discharge the duties listed in Part 3.
Part 2
c) d) e)
f) g) Guidance
The master has responsibility for ensuring that there is safe access to and from the ship. Generally the ship provides the access and the master and terminal operator confirm it is safe and suitable. Where the ships own gangway is not suitable, the terminal may provide one. However, the master is still obliged to ensure it is safe (see the Merchant Shipping (Means of Access) Regulations 1988 (S.I. 1988/1637)).
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h) i) j) k) l)
air draught; details and capacities of ships cargo-handling gear, if any; number and type and size of mooring lines; specific requests, such as for trimming or continuous measurement of the water content of the cargo; details of any necessary repairs which may delay berthing, the commencement of loading or unloading, or may delay the ship sailing on completion of loading or unloading; Any other information related to the ship requested by the terminal.
m) Guidance
The information above must be supplied by the master in addition to any written confirmation of compliance, referred to in the guidance for Schedule 1. Terminals may request other information in addition to that set out above, but the aim of the Directive is to harmonise procedures.
Part 3
Part 3: Duties of the Master Prior to and During Loading or Unloading Operations
Prior to and during loading or unloading operations the master shall ensure that: 1. 2. 3. 4. 5. the loading or unloading of cargo and the discharge or intake of ballast water is under the control of the ships officer in charge; the disposition of cargo and ballast water is monitored throughout the loading or unloading process to ensure that the ships structure is not overstressed; the ship shall be kept upright or, if a list is required for operational reasons, it shall be kept as small as possible; the ship remains securely moored, taking due account of local weather conditions and forecasts; sufficient officers and crew are retained on board to attend to the adjustment of the mooring lines or for any normal or emergency situation, having regard to the need of the crew to have sufficient rest periods to avoid fatigue;
Guidance
The Merchant Shipping (Hours of Work) Regulations 2002 (S.I. 2002/2125) require the companies to ensure that they have adequate crew onboard a ship and that they be adequately rested. 6. the terminal representative is made aware of the cargo trimming requirements, which shall be in accordance with the procedures of the IMO Code of Safe Practice for Solid Bulk Cargoes last published in 2002, ISBN 92-801-5129-0. the terminal representative is made aware of the requirements for harmonisation between de-ballasting or ballasting and cargo loading or unloading rates for his ship and of any deviation from the de-ballasting or ballasting plan or any other matter which may affect cargo loading or unloading;
7.
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8.
the ballast water is discharged at rates which conform to the agreed loading plan and does not result in flooding of the quay or of adjacent craft. Where it is not practical for the ship to completely discharge its ballast water prior to the trimming stage in the loading process, he agrees with the terminal representative on the times at which loading may need to be suspended and the duration of such suspensions; there is agreement with the terminal representative as to the actions to be taken in the event of rain, or other change in the weather, when the nature of the cargo would pose a hazard in the event of such a change;
9.
10. no hot work is carried out on board or in the vicinity of the ship while the ship is alongside the berth, except with the permission of the terminal representative and in accordance with any requirements of the competent authority; In paragraph 10 the competent authority is the HSE, under the requirements of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (No. 2776) and Regulations 3(6), (9) and (11) of the Provision and Use of Work Equipment 1998 (No. 2306) if work is carried out by the shore-workers. Hotwork undertaken by crew onboard ship, that does not affect shore workers, falls under the responsibility of the MCA. This is detailed in the Code of Safe Working Practices for Merchant Seamen. Hotwork undertaken by the shore workers on board the ship is the responsibility of the HSE. As the HSE has legislation that already covers the requirements in paragraphs 10 and 15 of this Schedule the 2003 Regulations only cover hot work onboard ship when undertaken by the crew and no shore workers are involved (see regulation 12 of the 2003 Regs.). 11. close supervision of the loading or unloading operation and of the ship during final stages of the loading or unloading; 12. the terminal representative is warned immediately if the loading or unloading process has caused damage, has created a hazardous situation, or is likely to do so; 13. the terminal representative is advised when final trimming of the ship has to commence in order to allow for the conveyor system to run-off; 14. the unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the ships structure; 15. when ballasting one or more holds, account is taken of the possibility of the discharge of flammable vapours from the holds and precautions are taken before any hot work is permitted adjacent to or above these holds.
Guidance Guidance
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Port / place of destination General description of the cargo (Type of material / particle size)* *For solid bulk cargo Specification of bulk cargo* Stowage factor Angle of repose Trimming procedures * if applicable, e.g., IMO class, UN No. or BC No. and EmS No. Relevant special properties of the cargo Additional certificate(s)*