BLOCKS
CONTENTS
Contents ... 2
1. BILLS OF LADING ... 5
1.1. Definition ... 5
1.2. ISSUING OF BILLS OF LADING ... 5
How to fill a BL ... 5
1.2.1. HEADER info ... 6
1.2.2. Vessel/ voyage details ... 7
1.2.3. Body of the BL ... 8
1.2.4. BL Clauses ... 8
1.2.5. Signed info ... 8
1.3. Signing bills of lading ... 9
1.4. Amending Bills of Lading ... 9
1.5. BILLS OF LADING EXCEPTIONS ... 9
Sea waybill procedure... 9
Definition of a Sea Way Bill ... 10
Use of a Sea Way Bill ... 10
Use of a SWB in Softship... 11
Release cargo booked under a SWB ... 11
SWB allowed or not ... 11
Part-load B/L ... 11
Switch B/L ... 12
Received for shipment B/L ... 12
Combined transport B/L ... 12
Issuing 2nd B/L set ... 13
2. RELEASING OF CARGO ... 14
Cargo release checklist ... 14
Surrendering Bills of Lading ... 15
Releasing cargo without an original BL ... 15
‘Telex Release’ procedure via e-mail ... 15
Returning containers to Origin procedure... 16
3. STORING & DISTRIBUTING B/L’s ... 17
Storage of B/Ls ... 17
Printing & distributing blank B/Ls ... 17
4. MANIFESTS ... 18
CARGO MANIFEST... 18
Use of a Cargo Manifest ... 18
FREIGHT MANIFEST ... 19
TOBACCO MANIFEST ... 19
DANGEROUS CARGO MANIFEST ... 19
OTHER REPORTS ... 20
Reefer list ... 20
List of special cargo ... 20
5. BREAK-BULK CARGO ... 22
6. CARGO BOOKING-LISTS ... 23
7. CARGO TRACERS ... 24
8. Carriage of Dangerous Goods ... 25
Documentation required on board the ship. ... 28
CARRIAGE OF ASBESTOS PRODUCTS: ... 28
CARRIAGE OF VEHICLES OR INTERNAL COMBUSTION ENGINES: ... 29
9. CARRIAGE OF TEMPERATURE-CONTROLLED CONTAINERS ... 31
10. CLAIM PROCEDURES ... 34
1/ On taking delivery of the cargo: ... 34
3/ Mitigate loss... 35
4/ Submit a quantified claim ... 35
5/ Protect against time-bar: ... 36
6/ We will take following steps: ... 36
7/ Preventing loss and damage ... 38
CARGO AUCTIONING BY THE CUSTOMS IN AFRICAN PORTS ... 39
11. MAINTENANCE AND REPAIR COST RECOVERY ... 40
12. COMMUNICATION & REPORTING ... 41
13. EXCEPTIONAL CARGO ... 43
Cigarettes and tobacco ... 43
Coca and Kola nut ... 43
Rare and valuable cargo ... 43
Perishable consignments ... 43
Empty unclean tank containers ... 43
Sawn timber ... 44
Non-operating temperature controlled containers ... 44
Out of gauge cargo ... 44
Flexi tanks in 20’ containers ... 44
Away from heat sources or direct sunlight... 45
14. EXCLUDED AND RESTRICTED CARGO ... 46
13.1. Excluded cargo on NileDutch-operated vessels ... 46
Excluded cargo from transport as per IMDG 3.3 SP900 ... 46
13.2. Restricted cargo on NileDutch-operated vessels ... 47
Restricted non-Hazardous cargo ... 50
15. TIMBER LOGS IN CONTAINERS ... 51
16. SCRAP AND USED CARS IN CONTAINERS ... 52
17. CARRIAGE OF COFFEE AND COCOA... 53
18. OPERATIONS - OTHER DOCUMENTS ... 55
DANGEROUS CARGO LIST: ... 55
REEFER LIST:... 55
HOUSE DELIVERIES: ... 56
TOBACCO MANIFESTS: ... 56
19. SECURITY AND SAFETY RULES ... 57
20. Various - Vessel related procedures ... 60
STOWAWAYS ... 60
STEVEDORE DAMAGES ... 60
LASHING AND SECURING ... 60
OFF-HIRES ... 60 LETTERS OF INDEMNITY ... 61 STATEMENTS OF FACTS, ... 61 NOTICES OF READINESS ... 61 TIME SHEETS ... 61 BOOKING NOTES ... 61
21. IMPORT CONTROL SYSTEM (EU) ... 62
22. China’s Advance Manifest Regulation (Shanghai) ... 63
23. Cargo to the United States………63
Bill of Lading Instructions : ... 64
MANIFESTS FOR CUSTOMS PURPOSES ... 64
OTHER RULES : ... 65
APPENDICES ... 66
APPENDIX 1: OUT OF GAUGE REQUEST FORM ... 66
APPENDIX 2: LETTER OF INDEMNITY FOR THE ACCEPTANCE OF USED VEHICLES AND/OR OTHER USED ARTICLES ... 66
APPENDIX 4: CONTAINER INSPECTION GUIDELINES ... 66 APPENDIX 5: CONTAINER DAMAGE REPORT ... 66
1. BILLS OF LADING
1.1. D
EFINITIONLegal text-books1 traditionally define and analyze the bill of lading by its three distinct functions: • As a receipt which shows what has been loaded on the ship.
• As a document of title, this shows who can demand the goods at the discharge port. • As an evidence of the contract of carriage.
The bill of lading is a contract between an exporter and an international carrier for transportation of merchandise to a specific foreign port. It is not a contract in itself but evidence of the contract. The NileDutch liner bill of lading incorporates the Hague-Visby Rules as referred to in Par. 2 – General Paramount Clause.
One of the most important functions of a bill of lading is that it provides information as to the description and condition of the goods, container used, load/ discharge ports, date of shipment, vessel/voyage, contract parties, where freight is paid and terms of carriage.
It is important that information on a bill of lading is accurate. Failure to ensure accuracy can give rise to liability of the ship owner and the carrier will have no P&I cover in such situations.
1.2. ISSUING
OF
BILLS
OF
LADING
H
OW TO FILL ABL
The front page of the Liner Bill of Lading (Page 1) contains the standard NileDutch terms and conditions the bill of lading is subject to. The back (page 2) of the bill of lading is to be filled in the right manner by entering the correct data in the corresponding fields in Softship.
This paragraph explains the information shown on page 2 of the BL and the rule of thumb how to fill it:
1. 1.2.1. HEADER info: shipper, consignee, notify, BL/ Reference numbers. 2. 1.2.2. Vessel/ voyage details: ports and names of vessels and voyages.
3. 1.2.3. Body of the BL: remarks and numbers, description of goods, weight and measurements.
4. 1.2.4. BL Clauses: Specific details/restrictions the shipment is subjected to.
5. 1.2.5. Signed info: freight payable at, place and date, number of originals, signature. 1.2.1.HEADER INFO
Shipper: The merchant (person) by whom, in whose name or on whose behalf a contract of carriage of goods has been concluded with a carrier or any party by whom, in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage. Synonym: Consignor, Sender.
Consignee: The BL will indicate to which consignee the shipment should be delivered to. Bills of lading may be negotiable or non-negotiable and can be registered as following:
To Bearer (not commonly used)
1
2
3
4
Nothing is entered so that each person who holds an original bill of lading to bearer and who presents it to the shipping agent has the right to receive the goods. Usually a bill of lading to bearer is negotiable because it can be transferred from person to person, without endorsement, just like a bank note, which in case of loss represents a certain danger.
To a named Person (only to be used if BL will not be negotiated)
The name of the addressee is entered. Only he has the right to receive the goods. Because it is assigned to a specific party, it is not negotiable and may not be re-assigned to another party. Is also called a straight bill of lading. The only way to negotiate such a bill of lading is by way of cession of an authentic deed. The named person may allow someone else to pick up the shipment. This can be done by:
a) Clearly indicating the new name on the BL and endorse/stamp the BL accordingly,
b) Handing over an official signed letter from the company, naming the person that will pick-up the shipment.
To a named Company (only to be used if BL will not be negotiated)
Similar to consigning the BL to a named Person, but now the name of the company is entered here, which has the right to receive the goods. The person from the company picking up the shipment must identify himself as employed by the named company.
To Order (most used because it is negotiable with the least risks in case of loss)
The words ‘to order’ are entered. The shipper specifies himself, by endorsement on the original bill of lading, the name of the addressee (firm or person). The bill of lading to order can be transmitted to a third person (thus negotiated) either by;
• A full endorsement with name and address of the new holder followed by the date and the signature of the transfer or: "Please deliver to order of (name etc.) + date and signature.
• A blank endorsement i.e. a simple signature ‘Please deliver to ... + date and signature’.
‘To Order’ bills of lading play an important part in international transactions, especially when dealing with Letters of Credit. Letters of Credit call for “on board” bills of lading, which provide proof to the buyer that the shipment has been placed on board of the vessel. We have to underline that in order to obtain a documentary credit the banks will only accept a shipped on board bill of lading and NOT a received for shipment bill of lading. The latter is not supported by NileDutch.
Bills that are consigned ‘to order’ of a named party may be transferred by endorsement. An order bill of lading must also show the party to be notified at destination. The full name and address of the actual receiver (consignee) should always be available.
Notify Address: Address of the party other than the consignee to be advised of the arrival of the goods. 1.2.2.VESSEL/ VOYAGE DETAILS
Pre-Carriage by: When shipping cargo on board of a feeder vessel, the bills of lading must be issued by entering the name of the feeder vessel or alternatively 'Third party feeder vessel’ which is also accepted. The name of the NileDutch sea-going mother vessel can also be added when such is used as pre-carrier from for example Antwerp to Lisbon.
Vessel: Name of the sea (ocean) going mother vessel.
Place of Receipt by pre-carrier (PLOR): Port of loading of feeder vessel.
Port of loading (POL): Port where the cargo is actually loaded on board the sea-going vessel.
Port of discharge (POD): Port where the cargo is actually discharged from the sea (ocean) going vessel.
Place of delivery on-carrier (PLOD): Port of discharge of on-carrying transportation.
In exception to above, customers may request the pre-carrying feeder vessel to be registered on the B/L as the mother vessel. This is allowed as we have liability coverage by the P&I club. For instance if a shipment has a pre-carrying feeder vessel from Jakarta to Singapore and then transshipped to Luanda, port of loading Jakarta and port of discharge Luanda is possible.
In case of Transshipments the booking office must make sure the correct routing is inserted for the pre-carriage and/or on-carriage in the B/L. In case of on-carriage in West–Africa the RTM
If the port-pair is not available please contact the RTM Customer Service desk and they will update the matrix.
1.2.3.BODY OF THE BL
The body of the BL contains marks, seal and container numbers, description of goods, weight and measurements. The shipper provides B/L instructions to the CS desk. Certain guidelines must be followed:
• Seal numbers: Container seal numbers, both the ones applied by the shipper and the ones applied on behalf of NileDutch must always be inserted in the bills of lading.
• Cargo type: Bills of lading issued for FCL cargo must always be marked FCL/FCL. This is automatically done so by Softship so no need to add manually.
• Goods value: In case a shipper at the time of the booking requires the value of the goods to be mentioned in the bill of lading, such question must be put before the line. Send email to
[email protected]. See also chapter “Restricted Cargo”.
• Shipper/ lines’ owned: It shall be clearly stated in all documents if a unit is Shipper’s owned or Line’s owned.
• Line’s owned: In case a B/L concerning line's owned containers is consigned to a bank, make sure the name and address of the final receiver is registered.
• Shipped on deck: NileDutch Rotterdam Operations can decide from the booking list that certain cargo will be shipped on deck. The local office must clause the B/L that cargo is being “Carried on deck for the risk and expense of the merchant”. Except for closed cargo units.
• Said to Contain (stc): As containers are packed by shippers, we can, in the Bill of Lading, only confirm x-number of x-type of containers Said to Contain x-merchandise.
•
1.2.4.BLCLAUSES
All bills of lading must be properly defined with the clauses in accordance with the NileDutch B/L clause list per destination. This list determines which clauses are applicable per destination and container type. Depending on the selected destination these clauses will be automatically added to the B/L. Except for a few circumstances where they have to be manually added to the B/L. Clauses may only be amended after written consent from a NileDutch regional CS desk.
•
When temperature controlled containers are carried, no bills of lading may be issued stating a fixed carrying temperature. Instead ranges of temperatures, expressed in a way which corresponds with what can be performed by the line, shall be inserted. Bills of lading covering this type of containers must be defined with clause ‘Cargo is stowed in a temperature controlled container set at the shipper’s requested carrying temperature of (plus or minus) …- …. degrees Celsius’. No temperature in Fahrenheit shall be inserted!• Shippers may require bills of lading to be marked: “carried under the waterline”. For stow-technical reasons such requests can only be honored and bills of lading issued in accordance with such requests after consultation with the line’s operations department.
• A bill of lading covering ‘GROUPAGE CARGO via NVOCC'S OR FORWARDERS’ shall always show the name of a clearing agent as second party to be notified. In each bill of lading it must be clearly shown that stripping costs are for account of the clearing agent.
1.2.5.SIGNED INFO
Shipped on board: The bill of lading must indicate that the goods have been loaded on board or shipped on a named vessel. A clean bill of lading is a bill of lading without any restrictive clauses. B/L will only be released to customer by the local office after receiving container load confirmation from the terminal.
Number of originals: The originals are marked as ‘ORIGINAL’ on their face and all contain the same information and have the same validity. Although three is the accepted industry standard, NileDutch can issue as many originals as the shipper requires as long as the face of the bill of lading bears the number of originals issued.
Issuing place and date: The place and date of issue of the bill of lading should be correctly registered reflecting the actual situation. This is important because the allowance of a documentary credit often expires on a certain date. The date can also be important in case of import or export licenses. In an incidental occasion the customer may request an office to ante- or post-date the bill of lading. But a local office can only do so after obtaining permission from a NileDutchRegional CS desk. The special
Letter of Indemnity form for this must be filled for this use and signed by the customer. Eventually, the LOI must also be countersigned by a first class bank. The local office bears all responsibility for possible consequences.
Freight payable at: Name of location where customer’s freight payments are due to be received.
1.3. S
IGNING BILLS OF LADINGOnce the containers are shipped on board the B/L must be signed “FOR AND ON BEHALF OF THE CARRIER”, as agents only. By signing the bill of lading, the agent states that the carrier has agreed to transport the goods subject to all terms and conditions (appearing on the front as well as on the reverse of the said bill of lading) to which the shipper agrees by accepting the bill of lading, notwithstanding any local privileges and customs. Next to this signature the bill of lading may be signed for “SHIPPED ON BOARD”. Agents sign the B/L ‘on behalf of the Carrier’. But if specifically requested the B/L can be signed on behalf of the Carrier.
The shipper doesn't sign the bill of lading. It is consequently a contract that is signed by only one contracting party and that is so accepted by the other party. In accepting this bill of lading the merchant expressly accepts and agrees to all its stipulations on both pages, whether written, printed, stamped or otherwise incorporated, as fully as if they were all signed by the merchant.
Charter-parties will contain a clause allowing the NileDutch agents to sign a bill of lading on behalf of the Carrierr. In case different arrangements are made, agents will be informed accordingly. Local offices accept all consequences that might result from their signing bills of lading which are not in conformity with the load confirmation and/or instructions received from the line. Therefore before signing the bill of lading it’s the local office’s responsibility to make sure the information is correctly stated on the B/L by checking at least if:
• The goods have actually been shipped on board, • The bill of lading is properly dated,
• The applicable clauses are incorporated in the bill of lading,
• The seal number together with the container number is incorporated,
• The bill of lading is in conformity with the container load confirmation serving as the mate’s receipt.
• The correct equipment details are correctly reflected on the BL like correct reefer temperature, container number, seal number, container type, shippers’ owned or lines’ owned containers.
1.4. A
MENDINGB
ILLS OFL
ADINGAfter bills of lading are issued to the customer, there can be cases when offices are requested to amend the Bill of lading. Amending the BL is only entitled to the party who is holding the original bills of lading. The local office or the party with the BL can manually change information on the BL only when this is properly confirmed as correct by a NileDutch local office following the standard procedure.
1.5. BILLS
OF
LADING
EXCEPTIONS
S
EA WAYBILL PROCEDUREThis procedure is intended to define the standard NileDutch rules to be applied in order to efficiently manage the use of Sea Way Bill (SWB). In this document we use the terms Sea Way Bill, SWB or Way Bill, all describing the same document.
DEFINITION OF A SEA WAY BILL
A sea way bill, like a bill of lading, is a document which contemplates that the goods to which it relates may become deliverable to a person other than the shipper. Unlike a bill of lading however it is not necessary for the document to leave the possession of the shipper before anyone else can take delivery under it. The consignee is named in the way bill or may be nominated by the shipper in accordance with its terms, and where the consignee is named, the waybill may make provision for his identity to be varied. Delivery is made to the consignee without production of the way bill.
Art. 1 (3) of the carriage of goods by sea Act:
References in this Act to a sea way bill are references to any document which is not a bill of lading: But is such a receipt for goods as contains or evidences a contract for the carriage of goods
by sea.
And identifies the person to whom delivery of the goods is to be made by the carrier in accordance with that contract.
The sea way bill is issued by a shipping line to a shipper, which serves as a receipt for the goods and evidence of the contract of carriage. In these respects it resembles a bill of lading but, unlike a bill of lading, it is not a document of title; it bears the name of the consignee who has only to identify himself in order to take delivery of the cargo. Because it is not negotiable, the sea way bill is not acceptable to banks as collateral security. The purpose of the sea way bill is to avoid the delays to ships and cargoes which occur when bills of lading are late in arriving at the discharge port. Because it is not negotiable there can be no doubt when it comes to deliver the cargo to the consignee.
The fact that it is not a document of title and not negotiable is not a disadvantage at all if the consignee has no intention of selling the cargo on and/or if letters of credit are not involved such as trading with a branch office or with a tried and trusted trading partner who will settle the invoice for the goods at the right time.
USE OF A SEA WAY BILL
A SWB is a non-negotiable transport document allowing a quick release to the receiver named on the waybill.
It is a simple receipt of the cargo, incorporating the terms and conditions of the transport contract between the carrier and its customer.
A SWB is only issued upon request of the shipper.
Shippers are entitled to the use of SWB in the following cases: • Shipment between mother and sister companies.
• Buyer and seller are working in current account and payment of goods is not against documents.
• Buyer and seller maintain trusty and regular relationship and thus do not use any documentary credit process.
• No sales contract is involved: removal, personal effects… • For full container loads only.
For a shipment covered by a waybill, the receiver may take delivery of the cargo by justifying his identity (which must match the one on the waybill). Delivery of the cargo is made to the consignee mentioned on the Way Bill without having to produce the SWB.
If a documentary credit is used for the commercial transaction, the shipment is usually covered by a negotiable bill of lading.
USE OF A SWB IN SOFTSHIP
The drafting of a waybill is similar to the one of a bill of lading. In Softship one has to indicate that a SWB has been produced by indicating “yes” in the Liner Sea Waybill field. There is no functionality linked to this specific field, however it will ensure that the receiving country has knowledge that a SWB has been issued.
When a SWB is to be produced, the correct BL hardcopy has to be selected (i.e. put the SWB format in the printer). There is no specific support from Softship indicating the SWB on the OBL, neither is there a remark in the manifest that a SWB is produced.
RELEASE CARGO BOOKED UNDER A SWB
As explained the Way Bill does not have to be produced by the consignee to take delivery of the container. Before we do so there are two main checks which have to be done by the destination office:
1. Ensure that the identity of the consignee is matching with SWB information. 2. Ensure that a SWB has been issued (check Softship).
If both items are verified and correct the container can be released, but when in doubt check with origin office.
SWB ALLOWED OR NOT
Payment conditions:
Given that the release of cargo against a SWB is more flexible, the preferred payment condition needs to be prepaid. This means that the agent/office producing and issuing the SWB is in control and remains responsible for the collection of all the freight and the charges.
As said we do not promote a SWB with payment terms collect or elsewhere. However, if the customer really requires this option (payment collect or elsewhere), the SWB may be issued with these payment conditions, but only after explicit written prior consent from the freight collecting office. Without this agreement the SWB with payment terms collect or elsewhere, may not be issued.
Full container load:
A SWB is possible for full container loads only; therefore part load shipments can’t be covered under this document.
Destinations:
The SWB can be used for almost all the stretches served by NileDutch, however special attention has to be given to destinations that have no or limited access to Softship (Benin, Burkina Faso, Equatorial Guinea). As these countries can’t check in Softship, if a SWB has been issued, it is vital that export office provide a copy of the SWB to the import office. Only this way a speedy release of the cargo can be guaranteed.
To the following destinations, a SWB cannot be used: Angola
Brazil
P
ART-
LOADB/L
a part-load B/L for a booking with 1 container with 3 cases when in total the container contains 5 cases. In Softship you need to create:
• 1 master B/L for the container with all 5 cases (based on the booking), • 1 part-load B/L for the same container with 3 cases,
• 1 part-load B/L for the same container with the remaining amount of 2 cases.
However, the part-load B/L must refer to the other issued part-load Bs/L by adding the following conditions in the body of the BL:
‘PART-LOAD CARGO MAY ONLY BE RELEASED WHEN THE B/L IS PRESENTED TOGETHER WITH ALL THE ORIGINAL PART-LOAD B/L NRS………....…EX MS …..……. DATED …/…/…’
All part-load BLs must bear the same receiver.
Only the part-load Bills of Lading are to be printed and released to the customer. The original master B/L is not really a B/L, but merely a Softship system requirement. It is not to be released to the customer. See Softship user manual ‘Part-load B/L’.
S
WITCHB/L
A switch bill of lading is usually used where a seller or trader wishes to keep the name of his supplier (named as shipper in the B/L), secret from the ultimate buyer of the goods. It is often called ‘the traders second set’.
All originals of the normal B/L have been surrendered to a local Niledutch office. It is the intention of this B/L to replace the original B/L set. When issuing this new B/L only the name of the Shipper / Consignee / Notify party can be changed from the original BL. The B/L number on the switched B/L remains the same.
Due care and consideration must be exercised when issuing such bills of lading because of inherent exposure to fraud of factual data. If other amendments are required from this new party, this must be requested specifically from NileDutchregional CS desk.
R
ECEIVED FOR SHIPMENTB/L
A received for shipment bill of lading is a B/L but is issued before the container is loaded on board vessel. It is evidencing that the container has been received into the care of the carrier and accepted for shipment on a named vessel, but not yet loaded on board. It also serves as evidence of the contract of carriage and is a document of title, although because the goods have not necessarily been loaded on the ship, this type of bill of lading is not always accepted by banks.
The bills of lading are to be stamped ‘RECEIVED FOR SHIPMENT’ and must be completed with the date of receipt of the goods.
Following the loading of the goods on board of the vessel, the same bills of lading may be completed with ‘ACTUALLY SHIPPED ON BOARD’ plus date of shipment and signed by the agent. The bill of lading will thus bear two different dates it will now also bear the date on which the goods were effectively loaded on board. It now is considered a ‘shipped’ bill of lading.
C
OMBINED TRANSPORTB/L
NileDutch offers combined inland transport deliveries (carrier haulage) per rail/road to and from a wide range of countries under the terms and conditions of the tariff and relevant bill of lading. The complete list of inland transport offerings can be found on the NileDutchCarrier Haulage list. If NileDutch were to accept a combined transport bill of lading with for example final destination Johannesburg 'City Deep' dry port via Durban. Bills of lading should be issued with port of discharge Durban and place of delivery on-carrier Johannesburg (if required: Johannesburg - 'City Deep' dry port). The following procedure applies when issuing such a bill of lading:
The booking office must send a summary per email to the agents not on softship in both port of discharge and place of delivery on-carrier with a copy to NileDutch Regional CS desk stating following details:
• Bill of lading details: vessel name / voyage number / bill of lading number / container number / consignee.
• Place where inland haulage is payable.
I
SSUING2
NDB/L
SETOriginal BL is lost (issuing 2nd set)
In case bills of lading have accidently gone lost, shippers can request a local office to issue a second set of original bills of lading. A second set can only be issued after consent from a NileDutchregional CS desk:
• Offices should obtain explicit authority from the cargo owner wanting to release the cargo without the OBL. The standard P&I club Letter of Indemnity form must be used for this.
• The signed letter of indemnity from the shipper (or his legal representative) must be counter-signed by a first class bank indemnifying NileDutch for delivery. As a rule such a bank guarantee should represent an amount (security) of not less than two hundred (200) percent of the sound market value of the goods.
• The signed Letter of Indemnity must be sent to NileDutch regional CS desk with a copy of this authority. The line will then decide whether to honor such request. Affirmatively, such authority will be given to the local office in writing.
• Only after approval of such a letter of Indemnity may a second set, duly defined with clauses, be issued. A clause must be manually added to the B/L as follows:
“SECOND SET OF ORIGINAL BILLS OF LADING ISSUED UPON REQUEST OF SHIPPERS. THE FIRST SET BEING SAID TO HAVE GONE LOST. THE FIRST SET OF ORIGINAL BILLS OF LADING IS HEREWITH DECLARED NULL AND VOID. SHOULD THE FIRST SET OF ORIGINAL BILLS OF LADING (OR PART THEREOF) REAPPEAR, SAME TO BE IMMEDIATELY RETURNED INTO THE HANDS OF THE CARRIER, OR THEIR AGENT.”
On the face of the bill of lading ‘SECOND SET OF ORIGINALS’ must be printed.
P&I Clubs do not regard delivery of cargo without a bill of lading as a mutual risk. The carrier is therefore ‘off cover’ in respect of misdelivery if he accepts a letter of indemnity. Thus, the letter of indemnity effectively takes the place of the lines’ P&I cover.
2. RELEASING OF CARGO
Before releasing the cargo against an original bill of lading and before issuing a delivery order it shall be thoroughly checked if the document is endorsed to the party to whom the delivery order is being issued, unless it concerns a non-negotiable, sometimes called - straight - bill of lading.
C
ARGO RELEASE CHECKLISTPorts can have specific import procedures which need to be followed. These are listed under the country specific pages on NileDutch Compass and Website.
One of the most important functions performed by local offices is the proper release of cargoes. Cargo is valuable and parties who are not entitled to goods may try to obtain delivery. It is therefore important that import clerks are trained to deal with all sorts of situations. Import clerks should be aware of the areas of great risk. Is the B/L consigned to the order of a shipper or a bank? Has the shipper (or bank) endorsed the bill of lading to the party to whom the delivery order is being issued? Has that party also endorsed it? Is it a straight / non-negotiable bill of lading? If the bill of lading is consigned to a named party and is not “to order” then it is non-negotiable (sometimes called a “straight” bill of lading). To make sure a genuine signed B/L was presented, it must be compared to information registered in Softship (see DocuCopy).
Cargo release checklist:
1. Date and bill of lading number – do they correspond with the manifest?
2. Is it signed? An unsigned bill of lading is not properly issued and could be an amended copy or a forgery.
3. Amendments – what’s the effect of the amendments? Have they been authenticated by stamp and authorized signature?
4. If you have reason to suspect the authenticity of any amendment check the B/L with manifest and issuing office. .
5. Endorsements – do they appear authentic and are they qualified?
6. Container number(s) / seal number(s) – do they correspond with the manifest?
7. Cargo description / number of packages – make sure you are not releasing a container with several cargoes covered by more bills of lading. All part-load BL must be handed in before container can be released.
8. Shipper, consignee, notify party – do they correspond with the manifest?
9. Freight and/or charges – are any due, if so, have they been paid? E.g. voyage ANR to LAD, freight payable elsewhere SG. LAD much check with SG if freight has been paid. If freight is collect LAD, then LAD must check with own local office if payment is secured.
S
URRENDERINGB
ILLS OFL
ADINGOne original bill of lading must be surrendered duly endorsed in exchange for the delivery order. When the above checks are finished then mark the original bill of lading accordingly. If more than one original has been issued as stated in that document, the surrender of one original will suffice and the other originals cease to have any effect or validity.
Still if there is any doubt as to whether a bill of lading is genuine, then advice should be sought from the issuer of the document, either through the port of loading or NileDutchregional CS desk.
Do not accept instructions directly from the office in the port of loading to release goods without original bills of lading or against a letter of indemnity or personal guarantee. Confirmation from NileDutch regional CS desk is always needed. The consequences of misdelivering cargo can be particularly severe for carriers. Importantly, liability arising from misdelivery is not recoverable as of right under the rules of the P&I Club.
R
ELEASING CARGO WITHOUT AN ORIGINALBL
There can be situations where the agent is requested by cargo interests to deliver cargo without surrendering the OBL (in cases a Sea Waybill was not issued). Great care is needed, as there is considerable risk involved in this practice. Delivery of cargo to a party not holding the original bill of lading is a breach of contract and the legal holder of the bill of lading can sue the ship owner, the carrier or the party who has wrongly delivered the cargo. The legal holder of the bill of lading could be the shipper, the receiver, a bank, or another party to whom the bill of lading has been negotiated. However the line may decide to honor a request without presentation of the OBL.
• Offices should obtain explicit authority from the cargo owner wanting to release the cargo without the OBL. The standard P&I club Letter of Indemnity form must be used for this.
• The signed letter of indemnity from the shipper (or his legal representative) must be counter-signed by a first class bank indemnifying NileDutch for delivery. As a rule such a bank guarantee should represent an amount (security) of not less than two hundred (200) percent of the sound market value of the goods.
• The signed Letter of Indemnity must be sent to NileDutch regional CS desk with a copy of this authority. The line will then decide whether to honor such request. Affirmatively, such authority will be given to the local office in writing.
‘TELEX RELEASE’ PROCEDURE VIA E-MAIL
In some cases Bills of Lading are presented before an office other than the one in the port where the goods shall be delivered to the consignee. The so-called ‘TELEX RELEASE’ procedure needs to be performed to allow the office to release the cargo to consignee, however this is done today per email. The office where the OBL is presented has to request NileDutch regional CS to instruct POD to release the container. The Regional CS desk will check if the conditions have been fulfilled cq. Shipper has agreed to surrender the OBL.
R
ETURNING CONTAINERS TOO
RIGIN PROCEDUREShould a shipper ask for full containers to be returned to the original port of loading the following procedure must be followed:
• Inform NileDutch Operations, Commercial & Container departments, • the full set of original bills of lading must be surrendered,
• check if sea-freight has been paid,
• Inform the port of discharge office (later: loading), • Rate for (return) sea-freight shall be obtained,
• Before re-shipment may take place all local charges plus sea-freight must have been paid, • Container seal must be checked. After the OBL is issued to the customer and the seal went
missing or when the container has been inspected by the local authorities who affixed another seal, the bill of lading must be claused in accordance with the line's instructions by adding a remark to the BL.
• Bills of lading and manifests must be issued in the usual way.
3. STORING & DISTRIBUTING B/L’S
S
TORAGE OFB/L
SBlank, printed and signed bills of lading shall be kept under lock and key overnight, during weekends and at times when your office may be empty. There is a need for tight supervision and a security presence required to safeguard them against people with wrong intentions.
Various methods are used to create a forged bill of lading. The use of modern technology to reproduce credible documents is of huge benefit to the fraudster. The line’s main concern, however, still focuses on the apparent ease in which these people can obtain possession of blank original bills of lading which are all too often left unprotected in offices. Combining this with poor administrative practices or even corruption provides all of the essential ingredients to create a fraudulent document. Any document used in an international trade transaction can be forged, therefore it is important to know your client and if in doubt, undertake independent checks.
P
RINTING&
DISTRIBUTING BLANKB/L
SThe new original NileDutch bills of lading are printed on specially-commissioned security paper characterized by a NileDutch watermark and other security features. The originals are having a yellowish color. Copies are clearly indicated as “COPY” on the BL.
Printing of the documents will take place in three locations only, i.e. Rotterdam, Shanghai and Santos. No other agent is authorized to have blank bills of lading printed. Distribution will be arranged from these offices.
The distribution scheme is reading as follows:
Brazil: contact Joao Rodolfo Duarte - [email protected] will take care of the South American agents.
China: contact Jean Sun - [email protected] for China offices and will supply Singapore for further distribution to offices in the Middle East, Indian Sub-Continent, South East Asia.
Rotterdam: contact Lubertha van der Zwaag - [email protected] will supply all European local offices and all other West-African local offices.
4. MANIFESTS
A manifest is a summary of the Bills of Lading on board a vessel. In the past manifests were used to inform other offices about these particulars. But now we have the global Softship system which can be consulted by offices and Rotterdam for this information instead. So it is not required to send manifests per email anymore.
Manifests are used to inform third parties about the Bills of Lading on board a vessel which provides an easy summary. But there are a few NileDutch offices that are not on Softship, and therefor still need to receive manifests per email.
There are various types of manifest each summarizing different aspects of the Bills of Lading explained in the next paragraphs.
CARGO
MANIFEST
A cargo manifest summarizes the cargo particulars of the bills of lading per vessel/voyage. These cargo particulars must be completed in Softship according to the ‘Final manifest’ procedure for each shipment. Items to be mentioned on the Cargo manifest are:
• Name of Shipper • Consignee
• Name of party to be notified (if applicable) • Marks and numbers
• Container number and seal number • Quantity, type of packing
• Description of the goods • Gross weight in kilo's
• Measurement in cubic meters
A recapitulation of the number of containers and total weight can be retrieved from Softship by printing the “Recap Manifest” report.
USE OF A CARGO MANIFEST
Once the Exporting office has completed all shipment data in Softship they transfer the ownership of the BL to import side. The Import office can prepare the cargo manifest to be submitted to the Custom Authorities respecting the local deadlines. Generally, import offices submit the cargo manifest electronically or per hardcopy to customs 3 days prior to the ETA of the mother vessel at the discharge port.
Example: Angola import procedure
For Angola the manifest has to be submitted 8 days prior to the ETA to customs. The reason 8 days are required is mainly commercially, as an early declaration allows our customer to also start their import procedures earlier as well. A timely and consistent import declaration is part of our excellent customer service program in Angola. The consequences for Export offices are that they have to ensure Softship is updated before these 8 days and that the ownership of the BL has been transferred.
Angola office can run the final manifest procedure without the transfer of ownership, but we request Exporting offices to ensure timely ownership transfer. This because Angola will be hesitant to run the final manifest if majority of the ownership is still at export.
Reason for this is that we will be fined for every (!) amendment made to the manifest, after it has been submitted to customs.
The fines in Angola are:
• $ 95 – for amendments after manifest submission until 2 workdays before ETA • $ 950 (!) – for amendments after thereafter
Obviously we want to avoid the fines as much as possible however we have to consider the commercial consequences of late manifest submission.
In this respect Angola will stick to the 8 days deadline as much as possible, but must double check with Export office if a large percentage of the ownership has not been transferred.
FREIGHT
MANIFEST
Another type of manifest is a freight manifest which also is a summary of all Bills of Lading on board of a vessel. It summarizes the freight particulars of the bills of lading and is for internal use only. It can be retrieved from Softship by all relevant offices for the shipment (POL/ POD/ Invoicing/ Payment/ Booking) wanting to see these freight details per vessel/voyage. Therefore is not necessary to be sent per email to other agents or NileDutch Rotterdam.
Another report with freight details is the Freight Recap report. This is used by invoicing agents wanting to know the freight amounts per vessel/ voyage that must be invoiced, collected and remitted to NDAL by their own office. The ‘Freight Recap’ report is a recapitulation/ summary of the correct freight amounts per place of invoicing in Softship. It plays a key role forming the basis for freight remittance by local offices to NDAL. The tools are available for local and regional offices to check if the input of Softship data is correct:
• Container deviation report: Load office can compare if all expected containers (with booking status: firm/documented) were actually confirmed as loaded by the Terminal.
• Freight deviation report: Local CS/Doc dept. can check if the approved rates by Trade were correctly applied in the Documentation (B/L).
The ‘Freight recap sign-off’ procedure explains the use of these reports and was implemented to assure that Softship reflects the correct turnover per vessel/ voyage.
TOBACCO
MANIFEST
Whenever tobacco - either leaves or elaborated - is booked for shipment to West Africa on a vessel calling at a Spanish port (including the Canary Islands in case of a bunker call), a manifest legalized by the Spanish Consulate in the port (country) of loading must be dispatched by courier to the agent in the Spanish port of call. This manifest should be in the hands of the agent 24 hours before arrival of the vessel. It will be a summary of all Bills of lading containing tobacco on board a vessel.
Copy of this document must be sent to NileDutch Rotterdam Operations.
A confirmation of the dispatch of the documents must be sent to the Spanish agent stating all relevant details.
When booking tobacco, NileDutch Rotterdam Operations must be informed by separate e-mail.
DANGEROUS
CARGO
MANIFEST
Each ship carrying dangerous goods must have a manifest on board containing all relevant I.M.O. details, such as:
• Port of loading/discharge • Booking / B/L nr.
• Container nr. + Type
• Number + Type of Inner and Outer packing • Proper Shipping Name/ Technical name • IMO class / UN nr. / Packing Group • Subsidiary risk (if applicable) • Gross weight and net weight
• Ems No. (Emergency Procedures) / Flashpoint (in degrees Celsius) • Emergency tel. number / Marine Pollutant / Limited Quantity remark.
This list must be handed to the master upon arrival in the respective port. Ship's command shall be informed of any changes. An updated list stating full details of dangerous goods effectively loaded must be handed to the master before departure.
Also see under CARRIAGE OF HAZARDOUS GOODS.
OTHER
REPORTS
REEFER LIST
A reefer list including all temperature controlled containers loaded must be dispatched to the agent in port of discharge stating:
• Vessel / Voyage / Port of Load /
• Port of Discharge / B/L nr. / Container nr. • Container type
• Shipper’s owned : Yes/no • Commodity
• Gross weight / Humidity % / Ventilation setting • Temperature : Set point / Min / Max
• Name of shipper
• Full style of receiver including telephone number and/or e-mail address
To allow ship's command to check carrying temperatures upon loading, the master must be handed a copy of this list on arrival at the respective port of loading. An updated list stating full details of all temperature controlled containers must be handed to the master before departure.
Immediately following vessel’s departure from the port of loading a copy of this list shall be dispatched to the line’s office.
Also see under TEMPERATURE CONTROLLED CONTAINERS. LIST OF SPECIAL CARGO
To facilitate the Operations departments at destination the List of Special Cargo must be sent to the NileDutch office at destination by e-mail immediately following departure of subject vessel from the port of loading. Such list shall include the under mentioned items:
All temperature controlled containers carried, summarizing:
• Bill of Lading no / Container no / Shipper's owned or Line's owned • Name of shipper
• Full style of receivers including telephone number or e-mail address • Carrying temperature
Perishable cargo, like:
• Potatoes, Garlic, Onions • Yoghurt in dry-vans
Cigarettes and tobacco, items for which express permission must be obtained from NileDutch Rotterdam before accepting.
Brewery tanks (‘cuves’) and alike big units like boats on cradles and so on. Shipment of big units or special units.
Units (these can be either containers or flat-racks) of which the center of gravity is known to be not central with regard to length and breadth of the unit.
Housing accommodation or living containers, having a 20’ standard dimension or having other dimensions.
The above mentioned information shall be completed with following details: • Bill of Lading number
• Full style of receivers including telephone number or e-mail address • Dimensions and weight if applicable
• Details about deviating specifications
5. BREAK-BULK CARGO
Basically all break-bulk cargo has to be unitized for carriage under FCL/FCL conditions.
Any Out of Gauge cargo has to be submitted to [email protected] + Trade Manager for acceptance, before the booking can be accepted.
Agents should complete the OOG or BB application form with all relevant information: - Targeted vessel/voyage
- POL / POD
- Number of pieces + description - Weights
- Length(s) x Width x height
- If possible accompanied by a picture or drawing - Lashing scheme
- Etc.
Project cargo, bulky projects etc. should similarly by submitted to [email protected] + Trade managers for eventual acceptance, on a case by case basis.
No cargo shall be accepted to be carried under Captain’s care without express authorization of NileDutch Rotterdam.
6. CARGO BOOKING-LISTS
As a rule the first booking-list for a specific sailing must be sent to the line two weeks prior to arrival of the vessel at its first port of loading.
The booking-lists must constantly be kept updated in the Softship system. When provisional bookings are made, these must be indicated on the booking-list as ‘
PENDING
’.To allow our ship planners to prepare a pre-stowage plan and to make stability calculations on the basis of realistic figures, agents must endeavor to obtain from shippers correct weights, dimensions etc.
Also see Chapter SECURITY AND SAFETY RULES.
Any enquiry for out of gauge cargo and IMO cargo shall only be accepted when approval will have been received from the line by means of a confirmation in the system.
Requirements for special stowage shall be put before NileDutch timely.
In case shippers of specific goods like for instance cocoa products (butter, paste and so on) require cargo to be carried under the waterline, for stow-technical reasons the NileDutch operations department shall be informed and remarks placed in the relevant SoftShip data fields.
7. CARGO TRACERS
Whenever it is ascertained that cargo is short landed or over landed, immediately following departure of subject vessel the agent at the port of discharge must send a message to NileDutch stating following details:
In case of cargo being short landed: • Vessel + voyage number • Bill of lading number(s) • Number and type of container
• Number and type of packages + marks + weight(s)
In case of cargo being over landed: • Vessel + voyage number
• Number and type of container + equipment + seal number(s)
• Number and type of packages + marks + weights + any marks pertaining to receivers and/or shippers.
The message must always include port, ship’s name, voyage number and date. They must be addressed to: [email protected] latest within 24 hours following sailing of subject vessel.
When NileDutch instructs the agent to have a physical check carried out on the terminal they should see to it that such will be effectively carried out, preferably by own personnel rather than leaving it up to stevedores.
8. CARRIAGE OF DANGEROUS GOODS
The carriage of dangerous goods by international maritime transport is regulated mandatory as per SOLAS 1974 and amendments in chapter VII of the SOLAS convention. The mandatory requirements for the carriage of dangerous goods is as per SOLAS Chapter VII, further detailed in the IMDG Code. In addition to the carriage of dangerous goods, the IMDG Code was extended as regards regulations for dangerous goods which can be harmful to the marine environment (marine pollutants).
The IMDG Code is a publication issued by IMO in two yearly intervals / editions. Each edition enters into force on a voluntary basis one year after the edition date, whereas the subject edition becomes mandatory (for a 2-year period) 2 years after the edition date.
This means that IMDG Code edition 2014 may be applied voluntary as from 1 January 2015. As from 1 January 2016, this edition becomes mandatory for two years (until 1 January 2018).
Parties involved in the (chain of) carriage of dangerous goods and / or marine pollutants shall adhere to the applicable edition of the IMDG Code.
According to the SOLAS regulation nr. 54, containing special requirements for ships carrying dangerous goods the Administration shall provide the ship with an appropriate document as evidence of compliance of construction and equipment with the requirements of this regulation.
This "Document of Compliance" determines which IMO classes may be carried under deck. All other IMO cargo shall be carried on deck.
Any enquiry for shipment of dangerous goods put before you, should meet following requirements: # IDENTIFICATION:
To ensure that dangerous substances, materials or articles can be readily identified during transport, it is necessary that the packaging of the goods have been provided with the correct technical name (proper shipping name) and the assigned United Nations number.
Moreover, in the case of a substance harmful to the marine environment (Marine pollutant) the addition Marine pollutant has also to be included.
# MARKING:
Each package containing a dangerous substance, material or article must be durably marked with its proper shipping name, and when assigned, the corresponding U.N. number. Trade names alone shall not be used. Packages containing substances harmful to the marine environment must also bear the Marine Pollutant mark.
# LABELLING:
It is a standard rule that all packaging, portable tanks, freight containers and all other transport units should be identified in a durable way with distinctive labels.
# PLACARDS:
Whenever required on account of the contents, a container shall be provided with enlarged labels (placards) denoting not only the danger of the goods, but also, when it concerns marine pollutants, the risk for the marine environment.
All placards must be removed from cargo transport units as soon as both the dangerous goods and their residues are discharged.
This document is to be prepared by the shipper of the goods. It shall accompany every shipment of dangerous goods and should contain the following basic items which are considered necessary for each dangerous substance offered for transport by sea:
1 – THE UN NUMBER PRECEDED BY THE LETTERS “UN”
2 - THE PROPER SHIPPING NAME INCLUDING THE CORRECT TECHNICAL NAME
3. – THE PRIMARY HAZARD CLASS, OR, WHEN ASSIGNED, THE DIVISION OF THE GOODS.
4. – SUBSIDIARY HAZARD CLASS OR DIVISION NUMBER(S) CORRESPONDING TO THE SUBSIDIARY RISK LABEL(S) REQUIRED TO BE APPLIED, WHEN ASSIGNED, SHALL BE ENTERED FOLLOWING THE PRIMARY CLASS OR DIVISION AND SHALL BE ENCLOSED IN PARENTHESES.
5. - PACKING GROUP (WHERE ASSIGNED)
6 - REFERENCE TO MARINE POLLUTANT IF APPLICABLE 7 - NUMBER AND TYPE OF PACKAGING
8 - QUANTITY BY VOLUME OR MASS 9 - FLASHPOINT
10. - EMERGENCY RESPONSE INFORMATION (EMS).
10- ANY OTHER NECESSARY INFORMATION TO ENSURE A SAFE TRANSPORT
This document should include a statement, signed by the shipper that the cargo offered can be accepted for shipment and that it is properly packed, marked and labelled, and in proper condition for carriage in accordance with the operative regulations.
Without such a declaration the dangerous goods shall not be accepted for shipment. # LIMITEDQUANTITIES:
With the sea-transport regulations it is possible to exempt small amounts of dangerous goods from certain requirements.
Whenever limited quantities are offered, a full specification shall be given, stating maximum quantity per inner packaging plus gross mass.
# MARINEPOLLUTANTS:
Every Marine Pollutant should only be offered for transport under its proper shipping name given in the appropriate individual schedule. It should also be identified as Marine Pollutant in the transport documents including the Dangerous Goods Declaration.
# CONTAINER/VEHICLEPACKINGCERTIFICATE:
Every shipment of dangerous goods in freight containers should be accompanied with a declaration. In this declaration the person responsible for loading the dangerous goods into the unit declares that:
- THE CONTAINER WAS CLEAR, DRY AND APPARENTLY FIT TO RECEIVE THE GOODS
- FOR TRANSPORT OF GOODS OF CLASS 1, SUBDIVISION 1.1 AND 1.2 THE CONTAINER IS STRUCTURALLY FIT ACCORDING TO THE INTRODUCTION TO CLASS 1
- NO INCOMPATIBLE SUBSTANCES HAVE BEEN LOADED INTO THE CONTAINER
- ALL PACKAGES ARE SOUND AND ARE PROPERLY PACKED AND SECURED INTO THE CONTAINER - THE CONTAINER AND PACKAGES ARE PROPERLY MARKED AND LABELLED
- WHEN DANGEROUS GOODS ARE TRANSPORTED IN BULK PACKAGING, THE CARGO HAS BEEN EVENLY DISTRIBUTED IN THE CONTAINER
- WHEN SOLID CARBON DIOXIDE (DRY ICE) IS USED FOR COOLING PURPOSES, THE CONTAINER IS EXTERNALLY MARKED OR LABELLED IN A CONSPICUOUS PLACE AT THE DOOR END, READING "DANGEROUS CO2 GAS (DRY ICE) INSIDE, VENTILATE THOROUGHLY BEFORE ENTERING" - THAT THE DANGEROUS GOODS DECLARATION FOR EACH DANGEROUS GOODS CONSIGNMENT,
PACKED INTO THE CONTAINER IS PROVIDED
# DOCUMENTS:
In all documents relating to the carriage of dangerous goods, the correct technical name of the goods shall be used (trade names alone shall not be used) and the correct description given in accordance with the classification set out below. If required Marine Pollutant must be added. The shipping documents prepared by the shipper shall include, or be accompanied by a signed certificate or declaration, confirming that the shipment offered for carriage is properly packed and marked, labelled or placard and is in proper condition for carriage.
Before departure, on board each vessel carrying dangerous goods, a special list or manifest shall be given specifying all dangerous cargo on board.
A detailed stowage plan, which identifies by class and sets out the location of all dangerous goods on board, may be used instead.
# CLAUSES:
Each Bill of Lading covering hazardous cargo, subject to IMO regulations shall be defined with clause as follows:
“DANGEROUS CARGO IS ACCEPTED FOR DIRECT DELIVERY TO RECEIVERS ONLY. RECEIVERS HAVE THE OBLIGATION TO RECEIVE THE CARGO IMMEDIATELY UPON ARRIVAL OF THE VESSEL”.
# SEGREGATION:
Dangerous goods that have to be segregated from each other should not be carried in the same cargo transport unit. However, dangerous goods that should be segregated "away from" each other may be carried in the same cargo transport unit with the approval of the Competent Authority. In such cases an equivalent standard of safety must be maintained.
SOLAS 1974 requires that incompatible goods shall be segregated from one another. For the implementation of this requirement, two substances or articles are considered mutually incompatible when their stowage may result in undue hazards in case of leakage or spillage, or any other accident.
# CLASSIFICATION:
Dangerous goods shall be divided into the following classes:
CLASS 1 - EXPLOSIVES
CLASS 2 - GASES, COMPRESSED / LIQUEFIED OR DISSOLVED UNDER PRESSURE
CLASS 3 - FLAMMABLE LIQUIDS
CLASS 4.1 - FLAMMABLE SOLIDS
CLASS 4.2 - SUBSTANCES LIABLE TO SPONTANEOUS COMBUSTION CLASS 4.3 - SUBSTANCES WHICH, IN CONTACT WITH WATER, EMIT
FLAMMABLE GASES CLASS 5.1 - OXIDIZING SUBSTANCES CLASS 5.2 - ORGANIC PEROXIDES
CLASS 6.1 - POISONOUS (TOXIC) SUBSTANCES CLASS 6.2 - INFECTIOUS SUBSTANCES
CLASS 7 - RADIOACTIVE MATERIALS
CLASS 8 - CORROSIVES
CLASS 9 - MISCELLANEOUS DANGEROUS SUBSTANCES. THAT IS ANY OTHER SUBSTANCE, WHICH EXPERIENCE HAS SHOWN, OR MAY SHOW, TO BE
OF SUCH A DANGEROUS CHARACTER THAT THE PROVISIONS OF THIS PART SHALL APPLY TO IT.
Whenever requests for the carriage of dangerous goods are being put before you, such a request should be entered in the booking.
Obviously no dangerous goods should be accepted without consent of the line.
In addition to the above instruction a copy of the dangerous goods manifest, together with a copy of the dangerous goods declaration for each shipment must be sent to NileDutch at least 24 hours prior to the arrival of subject vessel at the port of loading. It shall include ship’s name, port of loading, port of discharge and voyage number. This is applicable not only for hazardous goods booked on NileDutch vessels but it also includes cargo booked by our agents on ships owned by carriers the line concluded a vessel sharing agreement with. It shall also include hazardous cargo booked on our vessels by the agents of our partners.
Particulars must be imported in Softship.
DOCUMENTATION REQUIRED ON BOARD THE SHIP.
a) Upon arrival of the vessel a list stating full details of dangerous goods booked must be handed to the master.
b) A stowage-plan giving detailed information about the stowage of dangerous cargo will be handed to the master by the vessel planner.
c) Each ship carrying dangerous goods should have a special list or manifest on board containing all relevant details including Ems No. (Emergency Response Information). Reference shall be made to Marine Pollutant.
This list must be handed to the master before departure of the vessel from the respective port. Copies of the IMO Dangerous Goods Declaration form and/or container-packing certificate and/or T.E.C. (transport emergency card) must be attached.
Copy of this list (mentioned under sub c) must be sent to the agents in the next ports of call as well as to agents in port of destination. In case transshipment cargo is involved, copy to be sent to agents in port of transshipment too.
CARRIAGE
OF
ASBESTOS
PRODUCTS:
See also Excluded and Restricted Cargo
In case containers stuffed with goods containing asbestos IMO class 9 – U.N. nr. 2590 – Chrysotile (white) Asbestos - ceramic tiles, roof tiles, fibro cement or (white) asbestos – are carried, because of the hazard of the cargo precautions shall be taken.
NileDutchwants to avoid people being exposed to the dust of asbestos fibers, inhalation of which is dangerous.
Following instructions will be applicable in this respect:
[1] Shippers will provide a full specification of the product in case it is containing Chrysotile (white) asbestos,
[2] White asbestos is classified under the IMDG code and must be treated as such. A dangerous cargo application form stating full particulars shall therefore be put before the line before accepting the cargo.
[3] A guarantee shall be signed by shippers, confirming that all containers containing asbestos will be cleaned and washed scrupulously before being returned empty to the NileDutch terminal at destination.
[4] In case containers are returned un-cleaned, such will be arranged by NileDutchstill and cost will be for account of shippers. The cleaning-cost for a container with asbestos residues amounts to around 400.00 Euro.
[5] Obviously the agent in the port of discharge shall see to it that subject containers are inspected whilst being returned empty on the terminal. In case containers will not have been cleaned, receivers shall be asked to rectify that situation. It shall be reported to NileDutch immediately.
[6] Might, after the empty return, a container be traced in one of the ports of loading that still contains residues, it will be cleaned and shippers of the full unit will be debited for the cleaning cost as yet.
CARRIAGE
OF
VEHICLES
OR
INTERNAL
COMBUSTION
ENGINES:
Articles with an internal combustion engine will fall within the scope of the IMDG Code and must be notified as dangerous goods, UN 3166, Class 9. A dangerous goods declaration and document will be required.
UN 3166 can apply to a wide range of articles including cars, vehicles, plant, boats and any equipment with an internal combustion engine that has either a connected battery or fuel tank containing flammable liquid (petrol or diesel) or flammable gas such as propane.
For IMDG/ADR hazard classification UN 3166, Class 9, Special Provisions 312, 356 and 961, 962 and 970 are applicable in the IMDG Code and assist in determining the classification requirements for various types of equipment.
To make a correct planning based on the details as per the IMDG Code, Dangerous Cargo Applications shall be sent to the line for their approval latest three days before arrival of the vessel in subject port. They must be checked first by agents.
Since also within NileDutch it is felt that handling and shipping of hazardous cargo sometimes is underestimated they strongly recommend their agents to appoint one person in their office who has sufficient knowledge of this important subject who will be regularly following courses in order to be kept well informed about the latest developments. The level of dangerous goods transported continues to rise, already 10 percent or more of containers contain dangerous goods!
When towards the end of a voyage four seamen on a ship were sent to check lashings little did any of them realize what the future held in store. Unbeknown to anybody on the ship, a shipment of cylinders of deadly gas had been placed inside a freight container which had been loaded aboard. Although the gas was properly packaged and the cylinders were properly labeled, they had not been declared to the shipping company. The container was not placarded and the cylinders were either badly secured or not at all.
Furthermore, the ocean had caused the cylinders to roll, damaging the valves and letting the gas escape. A declared shipment would have gone on deck, but nobody knew so there it was under deck – and this particular gas was much heavier than air.
If only this story were the product of a fevered imagination. However, regrettably, it was a tragic real-life case and two lives were eventually lost but it serves to dramatically underline how vulnerable the ship and its crew can be, even with packaged dangerous goods. In fact, despite the millions of man hours spent in discussing, devising, updating, publishing, training and implementing the dangerous goods rules at international, national and company level, if the cargo originator fails to carry out his part either through ignorance or intent, the whole
IMDG code rules can only work if people comply with them! Dangerous goods are not dangerous providing you know exactly what you have and how to handle them! Never forget that inaccurate or wrong information may endanger not only the ship but also the cargo and the crew.
9. CARRIAGE OF TEMPERATURE-CONTROLLED
CONTAINERS
Refrigerated cargoes are invariably perishable to a greater or lesser degree, and their safe carriage depends on maintaining suitable conditions during transportation. Successful transportation is dependent on the carriage instructions in which the goods are to be carried. The basic requirement in carriage of temperature-controlled cargoes is to deliver the goods, as far as is possible, in the same condition as that in which they were dispatched. As temperature-sensitive goods deteriorate at a rate that is temperature dependent, it is essential that agents obtain written confirmation of all cargo conditions of carriage from the shipper, including temperature and fresh air ventilation rate, prior to shipment.
IMDG cargo in lines owned reefers is not allowed, shipment in Shippers Owned Reefers only after express approval from NileDutch Operations.
In order to enable stevedores to check the temperature and ventilation setting on delivery, a list stating these details of all temperature-controlled containers booked shall be available at the stevedores’ office amply before arrival of the vessel. A copy must be handed to the master of subject vessel on arrival. In case of late deliveries these must be clearly stated on subject list and details must be provided immediately after the container has been stuffed at shippers’ premises. A copy of this list must be sent to [email protected]
Itshall include:
• Vessel / Voyage / Port of Load /
• Port of Discharge / B/L nr. / Container nr. • Container type
• Shipper’s owned : Yes/no • Commodity
• Gross weight / Humidity % / Ventilation setting • Temperature : Set point / Min / Max
• Name of shipper
• Full style of receiver including telephone number and/or e-mail address
An updated and complete final version of this list should be handed to the master before departure. In case shippers’ owned temperature-controlled containers are booked, shippers shall be asked in writing to supply an instruction manual plus a spare-kit.
Shippers are obliged to present a copy of the signed PTI-form (Pre-Trip Inspection) confirming that the unit was tested before stuffing. Subject container must be shipped within 60 days from the testing date of the unit. Aluminum containers will not be accepted for carriage.
Any cost on account of refilling Freon or repairs carried out to shipper's owned temperature-controlled containers during the voyage will be debited to agents. Same applies in the event of parts being supplied from vessel's stock. For this purpose every shipper of shipper’s owned temperature-controlled containers is obliged to make a deposit of Euro 2,500.00 to the (port) agent who will be kept updated by the line of any cost that shall be deducted from the deposit. It is the duty of the agent to keep the deposit at the required level.
