Section 3.3 Cargo-Specific Documentation (e.g., IMSBC Code requirements)

Beyond the certificates attesting to the vessel’s own fitness and compliance, a critical set of documentation pertains directly to the cargo being carried. For bulk carriers, which transport a vast array of materials with diverse properties and potential hazards, this cargo-specific documentation is paramount for ensuring the safety of the crew, the vessel, and the environment, as well as for fulfilling contractual obligations. The Master bears a significant responsibility for obtaining, scrutinizing, and acting upon this information. The International Maritime Solid Bulk Cargoes (IMSBC) Code is the cornerstone for these requirements.

1. The Importance of Cargo Information:

Ignorance or misinformation about the properties of a bulk cargo can have catastrophic consequences. Incidents such as liquefaction of mineral ores leading to capsize, self-heating and ignition of coal, or oxygen depletion and toxic gas emission from certain concentrates have underscored the absolute necessity for accurate and comprehensive cargo information to be provided to the ship before loading. This information allows the Master and crew to:

1. Assess the suitability of the vessel for the intended cargo.
2. Determine appropriate stowage and segregation requirements.
3. Identify necessary precautions for safe handling and carriage.
4. Implement appropriate emergency procedures.
5. Comply with relevant international and national regulations.

2. The International Maritime Solid Bulk Cargoes (IMSBC) Code:

The IMSBC Code, which is mandatory under SOLAS Chapter VI (Carriage of Cargoes), is the primary international regulatory framework governing the safe stowage and shipment of solid bulk cargoes (excluding grain, which is covered by the International Grain Code).

1. Shipper’s Responsibility: The IMSBC Code places a fundamental obligation on the shipper to provide the Master or his representative with appropriate information on the cargo sufficiently in advance of loading to enable necessary precautions to be taken.
2. Cargo Information Form / Shipper’s Declaration: This is the key document required by the IMSBC Code. It must be provided by the shipper for each consignment of solid bulk cargo and should include, as a minimum:
   1. Proper Bulk Cargo Shipping Name (BCSN): The official name as listed in the IMSBC Code. If the cargo is not listed, it should be identified by its generic type or as “Solid Bulk Cargo N.O.S.” (Not Otherwise Specified), and further detailed information must be provided.
   2. IMSBC Code Group:
      1. Group A: Cargoes which may liquefy if shipped at a moisture content exceeding their Transportable Moisture Limit (TML). Examples include mineral concentrates, nickel ore, fine iron ore.
      2. Group B: Cargoes which possess a chemical hazard that could give rise to a dangerous situation on a ship (e.g., self-heating, emission of flammable or toxic gas, corrosivity, oxygen depletion). Examples include coal, direct reduced iron (DRI), petroleum coke, ammonium nitrate-based fertilizers, some metal sulphide concentrates.
      3. Group C: Cargoes which are neither liable to liquefy (Group A) nor to possess chemical hazards (Group B). Examples include many common ores, sand, gravel, salt, cement. These cargoes still require careful handling to prevent shifting and ensure vessel stability.
   3. IMO Class (if applicable): For cargoes classified as dangerous goods under the IMDG Code but also carried in bulk (e.g., some Group B cargoes).
   4. UN Number (if applicable): For dangerous goods.
   5. Total Quantity of Cargo Offered.
   6. Stowage Factor.
   7. Need for Trimming and Trimming Procedures (if applicable).
   8. Chemical Properties (if not listed in the Code or if Group B): Including information on self-heating, emission of flammable/toxic gases, corrosivity, oxygen depletion, etc.
   9. Specific Hazard Information: Such as liquefaction properties (for Group A), propensity to shift.
   10. Emergency Procedures: Information on procedures to be followed in case of an emergency involving the cargo.
   11. Certificates of Test (as required by the individual cargo schedule in the IMSBC Code): This is a critical component. The shipper must provide certificates issued by a competent authority or laboratory stating the relevant characteristics of the cargo at the time of loading. These include:
       1. For Group A Cargoes:
          1. Moisture Content (MC): The actual moisture content of the cargo to be loaded.
          2. Transportable Moisture Limit (TML): The maximum moisture content considered safe for carriage in ships not specially constructed or fitted to carry liquefiable cargoes. The TML is determined by specific test procedures (e.g., flow plate test, penetration test, Proctor/Fagerberg test).
          3. Angle of Repose (for some Group C cargoes or if relevant to shifting): Though more critical for grain, it can be relevant for some bulk cargoes.
       2. For some Group B Cargoes (e.g., Coal):
          1. Certificates attesting to properties like liability to self-heat, methane emission, etc.
          2. Weathering certificates (for some types of coal, indicating it has been weathered sufficiently to reduce self-heating risk).
   12. Declaration: A signed declaration from the shipper stating that the information provided is correct and the cargo is suitable for shipment according to the IMSBC Code.

3. Master’s Scrutiny of Cargo Documentation (IMSBC Code):

The Master has a duty to carefully scrutinize all cargo information and associated certificates provided by the shipper before commencing loading. This is not a passive receipt of documents.

1. Completeness and Accuracy: Verify that all required information is present as per the IMSBC Code and the specific schedule for that cargo. Check for inconsistencies or ambiguities.
2. Validity of Test Certificates:
   1. Ensure certificates are from a recognized, competent authority or laboratory.
   2. Check the date of testing. For moisture content and TML, the tests should be conducted reasonably close to the loading date, as moisture content can change. The IMSBC Code provides guidance on the interval between testing and loading.
   3. Compare the declared moisture content against the declared TML. If the moisture content exceeds the TML for a Group A cargo, the cargo must not be loaded unless the vessel is specially constructed or fitted for carrying liquefiable cargoes (and even then, strict precautions apply). This is a critical safety decision for the Master.
3. Cargo Properties vs. Vessel Suitability: Assess if the vessel is suitable for the declared cargo, considering its properties (e.g., corrosivity, density affecting tank top strength, need for specific ventilation).
4. Conflicting Information: If information from the shipper conflicts with the IMSBC Code provisions for that cargo, or if the Master has any doubts about the safety of the cargo, clarification must be sought from the shipper. If satisfactory clarification or further information is not provided, the Master has the authority and responsibility to refuse to load the cargo.
5. “Tripartite Agreement” for Unlisted Cargoes: If a cargo is not listed in the IMSBC Code (a “Solid Bulk Cargo N.O.S.”), its carriage is subject to a “tripartite agreement” between the competent authorities of the port of loading, port of discharge, and the Flag State of the vessel. This agreement will specify the conditions for safe carriage, and the Master must have a copy of this approval.

4. Other Cargo-Specific Documentation:

Depending on the cargo, its origin, and destination, other documents may be required:

1. Fumigation Certificate:
   1. For cargoes that have been fumigated (e.g., grains, some agricultural products, logs) to control pests.
   2. The certificate should detail the type of fumigant used, date of application, dosage, exposure time, and safety precautions, including ventilation requirements before entry or discharge.
   3. The Master must ensure adherence to safety procedures outlined (e.g., IMO Recommendations on the Safe Use of Pesticides in Ships).
2. Phytosanitary Certificate:
   1. Often required for plant products (grains, seeds, timber) to certify that they are free from specific pests and diseases, as per the import regulations of the destination country. Issued by the plant protection authority of the exporting country.
3. Certificate of Origin:
   1. States the country where the cargo was produced. May be required for customs or trade purposes.
4. Weight/Quality Certificates:
   1. Shippers or independent surveyors may provide certificates attesting to the weight (e.g., from draft survey or weighbridge) and quality/analysis of the cargo loaded. While primarily for commercial purposes, significant discrepancies might alert the Master to potential issues with the cargo declaration.
5. Export/Import Permits:
   1. For certain controlled commodities or trade routes, specific export or import licenses may be required.
6. Radioactivity Certificate:
   1. For some cargoes like mineral sands or certain industrial raw materials, a certificate confirming that radioactivity levels are within safe limits might be required or prudent.
7. Weathering Certificate (for specific cargoes like some types of coal):
   1. Certifies that the cargo has been stockpiled and exposed to weather for a specified period to reduce its propensity for self-heating or methane emission.

5. Consequences of Inadequate or Incorrect Cargo Documentation:

The ramifications of deficient cargo documentation can be severe:

1. Safety Risks: The most serious consequence is the potential for accidents leading to loss of life, vessel damage/loss (e.g., liquefaction, fire, explosion), or environmental pollution.
2. Vessel Detention: Port State Control authorities can detain a vessel if cargo documentation is missing, incomplete, or clearly incorrect, especially if it relates to safety-critical information under the IMSBC Code.
3. Commercial Disputes and Claims: Incorrect declarations of quantity, quality, or properties can lead to charter party disputes, cargo claims, and financial losses.
4. Legal Liabilities: The Master and the Company can face legal action and penalties for carrying cargoes without proper documentation or for incidents arising from misdeclared cargo.
5. Insurance Invalidation: Failure to comply with regulatory requirements for cargo documentation could potentially invalidate the vessel’s insurance cover in the event of an incident.

Analysis for the Master (Cargo-Specific Documentation): The Master’s role as the final gatekeeper for what comes onboard is absolutely critical.

1. Due Diligence: Exercise thorough due diligence in reviewing all cargo documents. Do not accept them at face value without scrutiny.
2. Right to Refuse Cargo: The Master has the overriding authority and responsibility to refuse to load any cargo if they have reasonable grounds to believe that the information provided is false or insufficient, or that the cargo, as presented, poses an unacceptable risk to the safety of the ship or crew. This right must be exercised judiciously but firmly when necessary.
3. Communication: Maintain clear communication with the shipper, charterer, and the company if there are any concerns about the cargo or its documentation. Document these communications.
4. Training and Familiarization: Ensure deck officers involved in cargo operations are familiar with the IMSBC Code requirements and the importance of verifying cargo documentation.
5. Record Keeping: Maintain a complete file of all cargo documentation received for each voyage. This is essential for compliance, safety audits, and in case of any future disputes or investigations.

In conclusion, cargo-specific documentation, spearheaded by the requirements of the IMSBC Code, forms a vital safety net for bulk carrier operations. The integrity of this documentation, coupled with the Master’s diligent scrutiny, is fundamental to preventing accidents and ensuring compliant and commercially sound voyages.