A major crisis is looming in the nation’s maritime industry, as exporters of containerized goods will not be able to ship their consignments out of the country from July 1 when the International Maritime Organisation, IMO, commences implementation of compulsory Verified Gross Mass, VGM.
investigations reveal that less than two weeks to the commencement of the implementation of the global regulation, weigh-stations are yet to be established in the ports in Lagos which handle over 70 percent of the nation’s throughput (import and export). The establishment of weigh-stations is a critical requirement for the implementation of the VGM. The VGM is a global regulation that requires that all containers must be weighed before shipment. It was passed by the Maritime Safety Committee, MSC, of the IMO in 2014with the active contribution of all member states.The urgency for the establishment of a means for VGM in the country was first raised three months ago at a forum organized by the Nigerian Shippers Council, NSC, where it was decided that weigh-stations should be established the nation’s seaports to beat the new regulation. Responding to enquiries from Vanguard, Director in charge of Standard Services of the NSC, Moses Oyebola, said that efforts are ongoing to ensure that the country beats the deadline. He disclosed that relevant stakeholders have held several meetings and implementation of the decision reached at the meetings will commence soon. He also revealed that Shippers Council has held meetings with terminal operators and shipping lines to ensure that the country is not caught unprepared before the commencement date. Terminal operators and shipping lines He said both terminal operators and shipping lines have assured that they would be able to provide the verifiable calibration equipment for container weighing but stressed that they are considering the interest of shippers. Speaking further, he noted that one of the measures expected from every member country of the IMO is the provision of guidelines for the measurement. He said that they are waiting on the Ministry of Transportation to set up a committee that would provide the guideline. However, he said that NSC has gone ahead to prepare its own guideline and was educating shippers about it.
But the Nigerian Maritime Administration and Safety Agency, NIMASA which represents the country at the IMO, appears unconcerned about the implication of failure of the country to meet the July 1, 2016 deadline. Deputy Director in charge of Public Relations of NIMASA, Hajia Lami Tumaka, could not be reached on phone. She also did not respond to text messages at press time. Also efforts to reach the General Manager, Public Affairs, Nigerian Ports Authority, NPA, Emmanuel Ebubuogu, proved abortive, as he could not be reached on phone and he did not respond to text message sent to him. However, a freight forwarder and chieftain of the National Association of Government Approved Freight Forwarders, NAGAFF, Uche Increase, said “The manning and supervision of a weigh station should be part of NPA Technical services at the Ports. It could be established under joint venture enterprise with NPA and not Shippers Council. “Let the lead agency ask for extension of time from IMO.
This will enable Nigeria to take the right decision that would lead to full domestication of the law. Our problem is the uncertainties bedeviling the entire maritime sector. No recognised apex body, in fact every agency is a lord in its own territory. How can the sector grow under such circumstance? A law passed since mid 2014 is being attended to by Nigeria after two years. If I were President Muhammadu Buhari, this is enough to fire many or discountenance submission by the agencies at the ports,” he noted. Vanguard had exclusively reported in March this year that the federal government was planning to construct weigh-stations in the nation’s ports. A senior staff in the ministry of transportation, who disclosed this to Vanguard in Abuja on condition of anonymity then, said that government was considering whether to construct the weigh-stations directly before concessioning them or construct them on a Public-Private Partnership basis.
The source told Vanguard that the ministry expected the Nigerian Shippers Council, NSC, to submit recommendations at the end of the seminar on “Transport cost and regional connectivity of African countries” held in March. An official of the NSC who confirmed this to Vanguard then explained that he could not speak officially on the issue as they have not sent their recommendation to the ministry but assured that they will work at beating the deadline for the implementation of the new policy. The NSC official said that they also considered the option of allowing terminal operators to handle the weighing of such consignments but reasoned that the terminal operators may use it as a means of further exploiting Nigerian shippers. A circular by the MSC of the IMO noted that as a result of the concerns by member states there will not be full implementation of the regulation.
According to the circular, “An MSC circular on advice to administrations, port state control authorities, companies, port terminals and masters regarding the SOLAS requirements for Verified Gross Mass (VGM) of packed containers has been agreed by the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO), following discussion on the pending entry into force of the requirements in SOLAS regulations VI/2.4 to VI/2/6 on the verification of the gross mass of packed containers on July 1, 2016.” “Concerns were noted with regards to the application of the requirements to a container which was loaded before July 1, 2016 and then transhipped.
“The Committee, meeting for its 96th session (11-20 May), also noted delegations’ comments that, in the first few months after July 1, 2016, some leeway should be provided in order for any problems resulting from software updates, required for the electronic collection and transmittal of VGM data, to be rectified without causing delays to containers being loaded.’’ “In this context, the MSC agreed that while there should be no delay in the implementation of the SOLAS requirements, it would be beneficial if Administrations and port State control authorities could take a “practical and pragmatic approach” when enforcing them, for a period of three months immediately following 1st, July 2016.
“This would help ensure that containers that are loaded before 1st July 2016, but transshipped on or after 1st, July 2016, reach their final port of discharge without a VGM and it would provide flexibility, for three months immediately after 1st, July 2016, to all the stakeholders in containerized transport to refine, if necessary, procedures (e.g. updated software) for documenting, communicating and sharing electronic verified gross mass data.
“Notwithstanding the above, the MSC emphasized that the stability and safe operation of ships, including the safe packing, handling and transport of containers, is not limited to the provision and use of VGM information and is also covered by a number of SOLAS regulations, including SOLAS regulations VI/2.1, VI/2.2 and VI/2.3, and other IMO instruments, amongst others” it concluded.