Informal Correspondence Group on Frequently Asked Questions (FAQs)
arising from the implementation of the SOLAS VI Regulation 2 amendment
requiring the verification of the gross mass of packed containers
International
The arrangement of the information in this document is as follows.
a. Questions
The questions are grouped on the basis of whether they are ‘General’, relate to ‘Method 1’ or to
‘Method 2’. Unsurprisingly, most issues for clarification have arisen concerning ‘Method 2’.
b. Type of FAQs
Each question below is categorised into one of four categories:
i. National (e.g. how much will the Competent Authority (CA) charge for issuing an approval
certificate under Method 2). Such questions posed to the UK (MCA) are included for information
purposes only.
ii. International (e.g. how to respond where the tare weight of a container is missing or shipper
believes it to be inaccurate)
iii. Commercial (e.g. cut-off times for delivery of containers to the port prior to loading on to the ship)
iv. Other (anything not included in another category).
c.
Proposed Answer
Where it is a ‘National’ issue it will be for the National Administration to provide an answer.
Section A: General
A1.
Clearly responsibilities start with the shipper. But who is ‘the shipper’ in the context of this new
procedure?
This is an International issue. There are also Commercial implications.
Under the SOLAS requirements, the shipper named on the ocean bill of lading is the party
responsible for providing the ocean carrier (‘master’) with the verified gross mass of a packed
container.
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MSC 1/ Circ. 1475 defines ‘the shipper’ as “a legal entity or person named on the bill of lading or sea
waybill or equivalent multimodal transport document as shipper, and/or who (or in whose name or on
whose behalf) a contract of carriage has been concluded with a shipping company.”
Due to the complexity of the international supply chain, the entity responsible as the ‘shipper’ may not
have control over key elements of the process by which verified gross mass is determined. Such a
‘shipper’ should be aware of their responsibilities and ensure that arrangements are in place to obtain
and provide a verified gross mass in compliance with international and national regulations.
Typically, the characteristics of a shipper would be:

an entity that communicates directly with the carrier and makes all the necessary transport /
customs / vessel arrangements with the carrier;

named as such (or ‘Merchant’) on the ocean carrier’s bill of lading (or similar contract of
carriage)
Thus, the shipper may be a cargo buyer or seller, freight forwarder or other third party who makes
detailed transport arrangements and contracts as a principal with the ocean carrier. The complexity of
international trade and logistics means that many different parties may be involved in contracting with
ocean carriers.
It should be noted that the SOLAS requirements are distinct from INCOTERMS, which govern the
sale of the goods, not the transport of the goods. The parties to the sale contract under INCOTERMS
need to determine how verified gross mass will be obtained, whether by Method 1 or Method 2, as
permitted by the CA of the State in which the packing of the container is completed, and how this
information can be provided to the carrier by the shipper as identified in the bill of lading.
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MSC.1/Circ.1475 Annex paragraph 2.1.12
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Informal Correspondence Group on Frequently Asked Questions (FAQs)
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requiring the verification of the gross mass of packed containers
International
A2.
2
The MCA Marine Guidance Note doesn’t answer all my questions; will any further advice be
forthcoming?
This is a National issue.
These FAQs are being developed to provide further advice both at an international and national level.
A3.
Is there an agreed format to communicate verified gross mass?
This is a Commercial issue.
Currently no standard format exists to provide verified gross mass, although it is being adopted in EDI
messages. However, the general industry practice is to include this information on the Dangerous
Goods note or other shipping document. Verified gross mass needs to be signed by or on behalf of
the shipper (see A1 above).
A4.
Is there a deadline for when the information is received by the carrier?
This is a Commercial issue.
Verified gross mass is required to prepare the stowage plan of the ship prior to loading. Deadlines will
differ according to a number of factors; shippers should agree with their carriers in advance of
shipment.
A5.
If goods are put onto a feeder ship from for example Grangemouth to Rotterdam, will verified gross
mass have to be established in Grangemouth (UK) or Rotterdam (Netherlands) or both places?
This is an International issue.
Verified gross mass is required before loading the packed container on board a ship at its initial port
of loading, unless driven on a chassis or trailer onto the ship, thus, in this question, prior to loading at
Grangemouth. It should be noted that national legislation will in any event govern carriage by other
modes prior to loading at the port of loading.
A6.
Accurate gross mass; is there a margin of error defined for this ‘accuracy’?
This is an International issue.
It should be noted that verified gross mass shall be obtained under both Method 1 and 2 by using
weighing equipment that meets the applicable accuracy standards and requirements in the State in
which the equipment is being used. Those national standards and requirements will determine the
acceptable level of accuracy of the weighing equipment used.
There is no single international standard at present and the matter is being referred to the
International Organization of Legal Metrology. In the meantime, EU Directive 2004/22/EC on
measuring instruments provides guidance within the European Union in relation to ‘automatic
weighing instruments’.
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MGN 534 (M+F) Guidance on the implementation of the SOLAS VI Regulation 2 amendment requiring the
verification of the gross mass of packed containers
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Informal Correspondence Group on Frequently Asked Questions (FAQs)
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requiring the verification of the gross mass of packed containers
International
A7.
How accurate does the verified gross mass need to be considering environmental factors of influence
such as humidity on wood (pallets), carton (if used as primary packaging), etc.?
This is an International issue.
Any verified gross mass obtained under both Method 1 and 2 shall be obtained using weight
equipment that meets the applicable accuracy standards and requirements of the State in which the
equipment is used.
Some cargo products may incur normal, minor changes in mass from the time of packing and
weighing until delivery (e.g. due to evaporation, humidity changes, ice melt from fresh food products
packed in ice, etc.) and some containers’ tare weight may change over time and vary somewhat from
the tare weight marked on the container. However, it is not likely that these variations should normally
present safety concerns.
A8.
These changes will add to my costs as a shipper. What do you say to that?
This is a Commercial issue.
The duty on the shipper to provide accurate information already exists. These changes have been put
together following incidents in order to improve safety in the maritime supply chain; they have been
agreed through negotiation and consensus at both international and national stakeholder discussions.
There are inevitable costs associated with regulatory changes. The distribution of the incurred costs
will be determined by commercial agreement between the parties.
A9.
MCA mentions ± 5% enforcement threshold but will be used on a case by case basis.
This is a National issue.
A10.
What will be the level of penalties imposed by an Administration (such as the MCA) if a container is
delivered by a shipper to a carrier with a mis-declared weight? [Note: The new SOLAS requirements
apply equally to both under and overweight containers].
This is both a Commercial and a National issue.
As a Commercial issue, it may be expected that the penalties will at least involve repacking costs,
administration fees for amending documents, demurrage charges etc.
As a National issue, fines and other penalties will be imposed under national legislation.
A11.
What will be the level of penalties imposed by an Administration (such as the MCA) if a shipper does
not provide the verified gross mass for a packed container?
This is a National and a Commercial issue
As a National issue, fines and other penalties will be imposed under national legislation.
It should be noted that SOLAS imposes an obligation on the carrier and the terminal operator not to
load a packed container aboard ship for which no verified gross mass has been provided or obtained.
Compliance with this obligation by the carrier and terminal operator may result in commercial and
operational penalties, such as delayed shipment and additional costs.
A12.
How will Administrations (such as the MCA) ensure that trade is compliant?
This is a National issue
A13.
As this is a global regime what actions will the national authorities be taking to co-ordinate their
activities to ensure compliance at a global level?
This is an International issue.
Within Europe the CAs are discussing how to co-ordinate their enforcement approach and activities. It
is intended to promote similar coordination in other appropriate international fora.
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Informal Correspondence Group on Frequently Asked Questions (FAQs)
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requiring the verification of the gross mass of packed containers
International
A14.
The SOLAS requirement derives from safety aspects. Gross mass information may also be required
for customs purposes. If the verified gross mass declared for SOLAS purposes subsequently is
amended, for example after actual weighing of the packed container, does customs need to be
informed?
This is an International issue.
SOLAS does not regulate Customs matters. Provision of the verified gross mass of a container in
declarations to Customs is regulated according to national Customs legislation.
Section B: Method 1
B1.
Where can we find a list of publically available weighbridges?
This is a National issue.
B2.
Some weighbridges don’t produce tickets, would a weight being written on driver’s consignment note,
signed and stamped by the load point be acceptable?
As an International issue
There is no requirement under SOLAS that a weight ticket or similar must be provided. What SOLAS
requires is that the shipper communicates the verified gross mass in a ‘shipping document’ that can
be part of the shipping instructions or be a separate communication. In either case, the document
should clearly highlight that the gross mass provided is the ‘verified gross mass’, and the document
must be signed by a person duly authorised by the shipper (the signature may be an electronic
signature or may be replaced by the name in capitals of the person authorised to sign it).
As a National issue
National governments may, as part of their enforcement policies, require that shippers using Method
1 are in a position, upon request, to produce weigh tickets or other documentation as deemed
acceptable pursuant to national rules and regulations.
B3.
If a port starts weighing freight will it have to become a ‘verified weigher’? Some parties will only be
using Method 1, in these cases what criteria will these have to operate to, and what documentation
will I be legitimately allowed to request to ensure that they are legally allowed to issue a ‘Weigh
Ticket’?
As an International issue
The obligation under SOLAS for a party weighing a packed container is to use calibrated and certified
equipment that meets the accuracy standards and requirements of the state in which the equipment
is being used. SOLAS does not make any additional requirements of the party weighing the packed
container.
A National issue.
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Informal Correspondence Group on Frequently Asked Questions (FAQs)
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requiring the verification of the gross mass of packed containers
International
Section C: Method 2
C1.
Can you provide an indication of the cost of the preliminary audit fee and the subsequent acceptance/
accreditation fee? How much will be the MCA’s charge for adding traders to the national database of
‘verified weighers’?
This is a National issue
C2.
Our company has already successfully acquired the ACC3 aviation security designation from IATA.
Would this also entitle us to the necessary ‘verified weigher’ status and negate the need for audits all
the time?
This is a National issue
C3.
Our company only ever provides part loads/less than container load (LCL), never a full container load
(FCL) so what is our position?
This is a Commercial issue
Essentially, this will depend on your contractual arrangement with the co-loading freight forwarder
that enters into the contract of carriage with the carrier and thus becomes the shipper to the carrier
(see A1 above).Your company may have used Method 2 to verify the actual weight of the goods
being shipped and pass that information on to the party completing the packing of the container for
final shipment. However, responsibility for providing the accurate, verified gross mass of a groupage
container remains with the shipper named on the ocean bill of lading, i.e. the ‘master’ freight
forwarder.
You should also note under MSC.1/Circ.1475 that parties packing a container may only rely on mass
information provided by a supplier if such mass information is clearly and permanently marked on the
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surfaces of individual, original sealed packages and cargo items .
C4.
Can I deliver freight to my freight forwarder without knowing the weight and ask them to weigh it and
establish the verified gross mass of the cargo and issue the appropriate documents?
This is a Commercial issue.
See the response to questions in C3 & C4 above. The ‘shipper’ under the ocean contract of carriage
remains liable in the first instance for accurately establishing verified gross mass.
If your freight forwarder is the shipper on the ocean carrier’s bill of lading, it may weigh the cargo,
using Method 1 or 2, and provide the ocean carrier with the verified gross mass of the container. If
you are the shipper on the ocean carrier bill of lading, you are responsible for providing the carrier
with the verified gross mass. Where the verified gross mass is obtained by a third party, such as a
freight forwarder, the shipper will remain responsible that the verified gross mass provided to the
carrier is correct. Under contractual arrangements it may be possible to seek indemnity from any
other party involved in the process.
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MSC.1/Circ.1475 Annex paragraph 5.1.2.1
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Informal Correspondence Group on Frequently Asked Questions (FAQs)
arising from the implementation of the SOLAS VI Regulation 2 amendment
requiring the verification of the gross mass of packed containers
International
C5.
For FCL shipments involving a freight forwarder there are two different scenarios:
a. where the forwarder is agent (putting the carrier and shipper in a direct contractual arrangement);
and
b. where the shipper packs a container with a full load, but the freight forwarder acts as principal and
issues a house bill of lading, being named as the ‘shipper’ on the ocean bill of lading/contract of
carriage
In both scenarios, if the shipper is a ‘verified weigher’ can the freight forwarder use the shipper’s
identifying reference number at time of booking and to advise a ‘verified weight’ at a later stage if
necessary? Similarly, can this verified gross mass declaration be outsourced to a freight forwarder
empowered to issue on behalf of the Method 2 certified legal entity?
This is a Commercial issue
However, it will be subject to national regulatory interpretation in accordance with national legislation.
For the purpose of SOLAS, the ‘shipper’ is the entity or person named on the ocean bill of
lading/contract of carriage. It is the shipper who is responsible for obtaining the verified gross mass;
how this is obtained and the preparation of any documentation needs to be determined between the
commercial parties subject to contractual terms.
In the UK, where a registration regime is being implemented in relation to Method 2, the following
interpretation operates:
1. The forwarder acting as agent:
a. Where the forwarder does not itself maintain a Method 2 registration, it would be able to rely on the
underlying cargo interests’ Method 2 registration when making bookings with carriers. The chosen
ocean carrier and terminal representative would be able to trace the cargo interest (‘shipper’ under
the ocean contract of carriage) on the database.
b. Where the forwarder maintains its own Method 2 registration, it may offer services to cargo
interests (‘shipper’) that comply with the underlying processes for which the registration has been
granted.
2. The forwarder acting as principal:
a. Where the forwarder does not itself maintain a Method 2 registration, it will not be able to rely on
underlying cargo interests’ Method 2 registration. Since the forwarder will issue its own house bill of
lading and appear as ‘shipper’ on the ocean contract of carriage, the carrier and terminal
representative would not find an appropriate registration on the database and the process would have
to follow Method 1.
b. Where the forwarder maintains its own Method 2 registration, it may rely on this when issuing
house bills of lading, since the carrier and terminal representative would find the appropriate
registration on the database. It will not be material whether or not the underlying cargo interests also
maintain Method 2 registration.
The relationship between underlying cargo interests and the forwarder would be governed by the
house bill of lading and/or other incorporated standard terms and conditions of business.
In other jurisdictions, that do not have Method 2 registration and certification requirements, where a
freight forwarder enters into contracts of carriage with ocean carriers (i.e. acts as a principal) and then
issues its own house bills of lading to its customer/shippers, never physically handling the container
or the cargo, it is the freight forwarder who is named as the shipper on the ocean carrier’s bill of
lading and legally responsible under SOLAS for providing the verified gross mass. If such a freight
forwarder (as principal) seeks to rely on another party (such as a customer) to provide that verified
gross mass information, it is the forwarder’s responsibility to be satisfied that the other party is using a
compliant methodology to determine the verified gross mass that is then provided to the carrier.
C6.
What are the main procedures that the MCA require a company to have documented in order to
become a ‘verified weigher’?
This is a National issue
These are set out in MGN 534.Annex 2.
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Informal Correspondence Group on Frequently Asked Questions (FAQs)
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requiring the verification of the gross mass of packed containers
International
C7.
Will the MCA make available a comprehensive list of international standards and accreditation
schemes that are compliant with the requirements for a company to become a ‘Verified Weigher’?
This is a National issue
Such matters will be addressed through MCA web page.
C8.
Is it permissible for a company to become accredited under Method 2 to provide a service to weigh
cargo and issue a ‘Verified Weight’ certificate to a shipper? If so what criteria will they have to meet?
This is a Commercial issue.
Any entity may provide this service, subject to it satisfactorily maintaining and complying with the
terms of its registration, as is the case where any Method 2 accredited party is not the packer.
C9.
As a Method 2 Weigher what calibration requirements will the MCA expect to see in place, including
the frequency of inspection and record retention?
This is a National issue.
C10.
What if the Tare weight appearing on containers is lacking or inaccurate due to wear & tear, etc.?
What remedy is available?
This is an International issue.
The tare weight of containers is generally marked at the time of manufacture. Where it is missing, or
believed or established to be inaccurate, the container operator should be contacted for a
replacement unit and to take appropriate remedial action
C11.
If Method 2 is chosen and intercompany transactions take place (e.g. the producing / dispatching
entity is based in UK while bill of lading is drawn up for export at a consolidation port such as Antwerp
(Belgium) and a different legal entity within a group of companies is the exporter of record) which
legal entity should seek Method 2 certification, the exporter of record or local UK entity actually
stuffing the container and physically able to determine mass gross weight?
This is an International issue.
The entity that requires certification is the one in the State in which the packing and sealing of the
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container is completed .
C12.
What is duration of accreditation validity of audited/certified method 2 companies (3 yrs., longer,
shorter, indefinite)?
This is a National issue.
C13.
5
What does ‘Discrepancy Procedure’ refer to?
This is a National issue.
4
5
MSC.1/Circ.1475 Annex paragraphs 5.1.2.3 and 5.1.2.3.1
MGN 534 Annex 2 paragraph A2.4
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Informal Correspondence Group on Frequently Asked Questions (FAQs)
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requiring the verification of the gross mass of packed containers
International
C14.
6
What does ‘Record Retention’ mean?
This is a National issue.
.
C15.
7
What does ‘Training’ refer to?
This is a National issue..
C14.
We conclude that the four elements of verified gross mass to be declared under Method 2 are:
a. the tare container mass +
b. the mass of the product without any packaging +
c. the mass of primary packaging (if any) +
d. the mass of all other packaging, pallets, dunnage , space fillers and securing material
This is an International issue.
Reference is made to MSC.1/Circ.1475. In general, this correctly states the process for
homogeneous cargoes, but it should be noted that there may be several layers or levels of
packaging depending partly of the value and the level of protection that the product requires.
It should also be noted that it is only possible to rely on mass information provided by a supplier if
such mass information is clearly and permanently marked on the surfaces of individual, original
8
sealed packages and cargo items .
Irregular or non-homogeneous cargoes may not be that simple.
In the UK, where an accreditation or unique registration system is being implemented, procedures
and documentation covering these elements will be required.
6
MGN 534 Annex 2 paragraph A2.4
MGN 534 Annex 2 paragraph A2.4
8
MSC.1/Circ.1475 Annex paragraph 5.1.2.1
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