11ème session du sous-comité O.M.I. - DSC 11 marchandises dangereuses, cargaisons solides, conteneurs

Report/ratio presented by Capt. J.D. Troyat on the activities of the work group on the amendments to group BC and its obligatory application, during the 11th session of the sub-committee of the dangerous goods, the solid cargoes and containers (DSC 11)

Madam the President, Mesdames and Sirs the distinguished deputy ones taking part in this Sub-committee, as I there have just been invited, allow me to recall you the broad outlines of completed works by the N°1 Work group during the present session of this Sub-committee.

The Work group met from September 11th to 15th 2006 included. During these five days - in agreement with the mandate which had been entrusted to him by this Sub-committee and had been informed that the recession work group by correspondence was going to be taken back - the Work group discussed relative questions with the amendments of Collection BC, including the evaluation of the properties of the solid cargoes in bulk, as well as those rising from its obligatory application, just like of the other points on which this Sub-committee had asked him to give its opinion.

For advantage of clearness, I divided this report into eleven parts.

The Work group again considered the clarifications necessary in the cards of product relating to the oil cakes, as raised by the BIMCO in its document DSC 7/11/1, Annexe 1. The Australian delegation and that of the BIMCO made the point that it would be necessary to insert an explanatory paragraph after the name of product (BCSN) ⁽¹⁾ "Oil cakes, ONE 1386 (b)" and before her description. In its majority, the Work group considered that it was a good manners there to proceed and that it would also be advisable to re-examine the relative tendencies with the delivery of certificates concerning these products and to amend the card of product "Oil cakes (not-dangerous)". Consequently, the Work group gave instruction to the recession Work group by correspondence consequently to modify the cards of product while taking as a starting point the proposals made by Australia and BIMCO and to submit the result during the meeting of next Sub-committee (DSC 12, from September 10th to 14th 2007).

The Work group considered opportunity of reproducing in Collection BC of other paragraphs in operational matter of chapters VI and VII of Convention SOLAS in order to facilitate the use of it. After having discussed it, the Work group estimated that there was no need for reproducing in Collection BC of other paragraphs in operational matter of chapters VI and VII of Convention SOLAS.

The Work group took note of document DSC 11/7 while was given to him a document draft revised entitled "Provisions of Safety" and prepared by the Editorial group N°1 to the measures to improve maritime safety. After to have taken some knowledge, the Work group considered that the document presented should be integrated in collection BC in the form of a new section 11 entitled "Dispositions of Safety". The Work group recommends in addition that, in paragraph 11.3.1 of this new section the 11 numbers ONE are reproduced after the names of product NITRATES AMMONIUM and MANURE WITH AMMONIUM NITRATE, i.e. respectively ONE 1942 and ONE 2067.

The Work group took note with attention of documents DSC 11/4, DSC 4/11/1, DSC 4/11/2, DSC 4/11/3, DSC 4/11/4, DSC 4/11/6, DSC 4/11/9, DSC 4/11/10, DSC 5/11/1, DSC 5/11/2, DSC 6/11/6, DSC 11/INF3 and DSC 11/INF6, that this Sub-committee asked him to study in order to prepare the amendments necessary to incorporate in the project of obligatory Collection BC.

The Work group studied and discussed document DSC 4/11/7 subjected by the USA and aiming to the establishment of criteria making it possible to determine if a solid product in bulk must or not be regarded as MHB ⁽²⁾. After discuss it having discussed it in a thorough way, the Work group estimated that it was a tool which can prove to be useful and that it would be appropriate that the USA improve this proposal in order to subject it for a new examination at the time of DSC 12.

After discuss having discussed it, the Work group estimated that it was not for the moment not useful to amend circular MSC 1146 (MSC/Circ.1146).

After thorough exchanges of views on the parts of Collection BC having to become obligatory and those having to remain with the state of recommendations, the Work group proposes that:

The foreword, such as appear as an annexe 1 of document DSC 11/5, should remain with the state of recommendation.

Section 1, such as appear as an annexe 2 of document DSC 11/5 should become obligatory after development by the Work group by correspondence and addition of a new paragraph entitled "Equivalent Exemptions and Measurements" based on document DSC 5/11/2.
In addition, the Work group estimates that a new explanatory paragraph 4.1.3 should be inserted in section 4 in order to bring clarifications on the application of appendix 2 of Collection BC (MSC 79/23/Add.4) and should be thus written: â€œWhen that is convenient, dry cargo in bulk will have to be classified in agreement with the part III of the Handbook of the tests and criteria of the United Nations. According to each goods, the various properties of a dry cargo in bulk will have to be established by relevant tests according to the procedures of test [approved] by [competent authority] of the country of origin of the goods. In the event of absence of procedures of test [approved], it is necessary to refer to appendix 2.
The development of this insertion of a new paragraph in section 4 of Collection BC was entrusted to the Work group by correspondence.

Sections 2,3 and 4 should be made compulsory, just like section 5 after paragraph 5.1 will have been re-examined by the Work group by correspondence.

Section 6 should be made compulsory.

>Section 7 should be made compulsory after paragraph 7.2 will have been re-examined by the Work group by correspondence.

Section 8 should be made compulsory.

Section 9 should be made compulsory after the Work group by correspondence re-examined it while being based on appendix 7 of Document DSC 5/11/1.

Section 10 should be made compulsory after paragraphs 10.4 and 10.5 will have been re-examined by the Work group by correspondence.

Existing section 11 will be replaced by a new section 11 entitled "Provisions of Safety" which should remain with the state of recommendation, as decided this Sub-committee in full session of it.

Section 12 (in the past section 11 - "Conversion charts of the coefficients of stowing") would remain of course in the form of recommendation.

Lastly, with regard to the section the 13 (in the past section 12) Work group estimated that it should be mentioned that, according to the transported goods, a very detailed attention must be carried to its contents by the user of Collection BC.

As it had received mandate by this Sub-committee from it, the Work group studied the documents DSC 11/4, DSC 11/5, Annexe 3 and DSC 11/12, paragraphs 7 to 10. It recommends that the amendments in chapters II-2, VI and VII of Convention SOLAS proposed in these documents are implemented by the Work group by correspondence.

After a thorough discussion of documents DSC 4/11/2, DSC 4/11/3, DSC 4/11/4, DSC 4/11/10, DSC 6/11/6 and DSC 11/INF.3 and to have assisted with the presentation made in plenary session then with the additional presentation carried out in front of the Working Group itself by the delegation of Venezuela, the Work group took high note that, since the accident to ship YTHAN ⁽³⁾, the venezuelian authorities require that a mechanical ventilation continue is carried out in all the holds containing this type of cargo. According to the furnished informations it seems that this one approaches the IRON OBTAINED BY DIRECT REDUCTION (B).
The Work group estimated that it did not have yet sufficient information (statistical data, physical properties and chemical, experience feedback of industry, etc) to be able to write a card draft new of product or to propose amendments with those existing already.
Consequently, the Work group prepared a list of the necessary informations to have a better knowledge of this product and proposes with the Sub-committee to recommend to the Governments members of the Organization and Industry to provide this information and all others being able to appear useful.

The Work group studied document DSC 4/11/6 presented by Italy and considers that the new card of product proposed (DSC 4/11/6, Annexe) for OUTPUT TIRES (CRUSHED) should be included in Collection BC with the following amendments:

the name of the goods should be "COARSELY OUTPUT TIRES";

under the title "DESCRIPTION", the "output or crushed" words should be added after "pieces of worn tires coarsely";

under the title "PRECAUTIONS AGAINST the BAD WEATHER" should appear the following sentence: "Not to charge under the rain, to maintain dry and close the panels of the holds which are not worked";

under the title "LOADING", to remove the last sentence.

The Work group considered the question of fluffy cotton seeds like about documents DSC 4/11/9 and DSC 11/INF.6 subjected by Australia and estimated that the new card of product "FLUFFY SEEDS OF COTTON" DSC 4/11/9, Annexe, should be included in Collection BC after being amended in the following way:
1. the name of product (BCSN) should be "COTTON OUATEUSES SEEDS".

In addition, the Work group considered that it was necessary to add in the index of dry cargo in bulk (Appendix 9 of Collection BC), in the column "REFERENCES", the words "to see COTTON OUATEUSES SEEDS" compared to the entry "SEEDS OF COTTON FLUFFY".

Such are, Madam the President, Mesdames and Sirs the distinguished deputy ones taking part in this Sub-committee, the activities of the N°1 Work group which you decided to create and of which entrusted you to me the presidency. Before enclosing this oral report/ratio, I hold with sincerely thanking the secretariat for this Work group which with patience and availability helped the Work group in its work.

Lastly, my thanks are also addressed on the one hand to the 44 participants of this Work group - representing 32 countries or organizations - which took part in our work by not sparing neither their time nor their sorrow and, on the other hand, with the 26 people - representing 18 countries or organizations - which agreed to continue this work while being registered with the Work group by correspondence. This one received on behalf of our Work group of the precise instructions in 15 points (Document DSC11/J/6) while requiring of him to give the highest priority to the points making it possible to make compulsory the application of Collection BC4.

Capt. J.D. Troyat
September 15th, 2006

⁽¹⁾	Bulk Cargo liner Shipping Name
⁽²⁾	Material Hazardous only in Bulk
⁽³⁾	Bulk carrier "YTHAN" (35 000 deadweight tonnage) leaf house of the Marshall Islands underwent, the 28.02.04, a series of explosions off the Colombian coasts. It transported in its 5 holds an iron fine cargo obtained by direct reduction, charged in Venezuela bound for China. The Commander and five mechanics were killed by the explosions and the ship ran after the remainder of the crew could evacuate it. The draft amendments in chapters VI and VII of Convention SOLAS intended to make compulsory Collection BC should be approved at the time of the 83th meeting of the Committee of Maritime security (MSC 83) in October 2007. The adoption of the project of obligatory Collection BC and the draft amendments in chapters VI and VII of Convention SOLAS should take place at the time of the 84th meeting of the Committee of Maritime security (MSC 84) in May 2008. The application, on a purely voluntary basis, of obligatory Collection BC could then be made by the States which wish it as of on July 1st, 2008. Its application will be essential on the whole of the Member States of the OMI only with the coming into effect of the amendments to chapters VI and VII of Convention SOLAS, i.e. on January 1st, 2011.