It has come to the attention of the Association that exemption certificates issued by some load port competent authorities to satisfy the requirements Section 1.5 of the IMSBC Code may not be finding their way to the relevant authority of the vessel's Flag State or port of discharge.
IMSBC Code Section 1.5 states;
1.5.1 Where this Code requires that a particular provision for the transport of solid bulk cargoes shall be complied with, a competent authority or competent authorities (port State of departure, port State of arrival or flag State) may authorize any other provision by exemption if satisfied that such provision is at least as effective and safe as that required by this Code. Acceptance of an exemption authorized under this section by a competent authority not party to it is subject to the discretion of that competent authority. Accordingly, prior to any shipment covered by the exemption, the recipient of the exemption shall notify other competent authorities concerned.
The Maritime Authority of Panama recently issued the following statement in connection with a Certificate of Exemption issued by the competent authority of Trinidad and Tobago.
We have not been informed/notified by the Republic of Trinidad and Tobago or any other party about the Exemption Certificate.
- The Direct Reduced Iron (C) schedule is a product included in the IMSBC Code, and that it is clear that the moisture content (Maximum 0.3 %) is not a part of the cargo description, but is in fact a carriage requirement;
- That the proposals introduced in IMO meetings Exemptions allowing higher moisture content than specified in the IMSBC Code under ventilation, rather than inert conditions was not accepted in the Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) and the schedule remained unchanged;
- There is not enough technical and supporting information to confirms that the equivalent carriage described in the Exemption Certificate is as least as effective as indicated in the Code, this Administration cannot agree with vessels registered under our flag to transport DRI ( C ) otherwise indicated in the schedule of the Annex I of the Code.
So far, this Administration doesn't agree the carriage of these products on board our vessels if same has not been built for this purpose.
Source: The North of England P&I Club