The accident involving the 4,419 TEU container ship MSC Napoli on January 18, 2007 in the English Channel during the storm Kyrill resulted in the total loss of the ship.(Source: Napoli Report No9/2008)
The study is interesting because the result had a direct impact on the packing/stowing of containers. What had happened?
The initial situation
The MCS Napoli sailed west through the English Channel towards Biscay at approx. 11 knots (~ 20 km/h). The wave height was up to 9 m at times. At around 11:05 a.m., the hull structure near the engine room was severely damaged.
The captain made an emergency call at 11:25 a.m. and decided to leave the ship in a closed lifeboat together with the 26 crew members. They were later rescued by Roal Navy helicopters; there were no injuries.
After the storm had subsided, the ship was towed towards Portland, but there was a danger that it would break apart and sink. It was therefore decided to ground the ship in Branscombe Bay on January 20, 2007.
The problem
Most of the containers were salvaged. In particular, the 660 stowed on deck were weighed. In 137 of these, the actual weight was more than 3 tons greater than stated in the freight data. The largest deviation was 20 tons. The 137 containers weighed a total of 312 tons more than stated.
One of the statements in the investigation report reads:
“Container transportation is the only industry in which the weight is not known. If the forces acting on container ships are to be precisely controlled and managed, it is essential that containers are weighed before loading.”
The verified gross weight
Based on the results of the investigations, the IMO drew up the “GUIDELINES REGARDING THE VERIFIED GROSS MASS OF A CONTAINER CARRYING CARGO”, the verified gross weight.
This involves determining the actual weight of a container, consisting of the load + packaging + securing equipment + tare weight of the container. The World Shipping Council stated: “Theresponsibility for recording and documenting the verified gross weight of a packed container lies with the shipper.” That is a clear statement.
For weighing, a scale of accuracy class III of Directive 2009/23/EC must be used. This accuracy specification is not a weight tolerance, but the technical display tolerance of the scales used.
Two methods are permitted for determining the verified gross weight:
- All load units, packages or unit loads are weighed, the weight of securing and stowage material is added and the tare weight of the container is added. The sum gives the verified gross weight.
- The trailer with container is weighed empty. The load is then stowed and secured in the container. The loaded trailer is then weighed again. The difference between the two weighing slips + the tare weight of the container results in the verified gross weight.
Weight determination in practice
Experience has shown that some weight deviations are systemic because they are caused by inaccurate information from a database, unmaintained data sets or missing weight proportions. It is not uncommon for the weight information on a loading list to only indicate the pure weight of the goods and the weight of the packaging or containers (drums, IBCs, etc.) is missing completely.
It is advisable to regularly check the information in a database for accuracy and completeness. Weights where deviations can occur due to production should be checked to see how wide the range of deviations can be so that they can be taken into account.
Chapters 4.2.2 to 4.2.4 of the CTU Code 2015 regulate who is responsible for determining the gross mass (=VGM) and who has to fulfill obligations.
Chapter 4.2.2: The consignor should provide correct information on the goods
Chapter 4.2.3: The packer should accurately determine the gross mass and forward it to the shipper/consignor.
Chapter 4.2.4: The shipper/consignor should ensure that the gross mass is accurately determined. He should also inform the carrier of the confirmed gross mass as early as requested.
Conclusion
This makes it clear who can be held liable under commercial law for violations in specific cases.
The consignor may, in accordance with Art. 10 CMR, can also be held liable for consequential damage caused by incorrect information. This can also refer to damage to the ship because it is part of the transportation chain.
It is therefore advisable to regulate the container stowage processes properly, to clearly define and delimit the tasks and to monitor them.
Yours, Sigurd Ehringer
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Episode 19: Combined transport
Tobias Kreft