Circular Letter
MSC/Circ.1075
GRANTING EXEMPTIONS FROM THE PROVISIONS OF THE INTERNATIONAL MARITIME DANGEROUS
GOODS (IMDG) CODE
(adopted
on 4 June 2003)
1.
The Maritime Safety Committee (MSC), at its seventy-sixth session, in
considering the issue of granting exemptions from the requirements of the IMDG
Code under the existing provisions for competent authority approvals set forth
in chapter 7.9 of that Code, recalled that MSC 75, having considered the matter
at some length, had decided to refer the issue to the Sub-Committee on
Dangerous Goods, Solid Cargoes and Containers (DSC) for detailed consideration
and advice to MSC 76.
2.
MSC 76, having been advised on the outcome of DSC 7 on draft amendments to
chapter 7.9 of the IMDG Code and recognizing that there indeed was a compelling
need to clarify the issue of granting exemptions before the envisaged 2004
amendments to the mandatory IMDG Code enter into force on 1 January 2006,
requested the DSC Editorial and Technical Group to prepare, at its session in
March 2003, an appropriate MSC circular, which should be based on the draft
amendment to chapter 7.9 that had been agreed to, in principle, by DSC 7, for
submission to MSC 77 for consideration with a view to approval.
3.
The Maritime Safety Committee, at its seventy-seventh session (28 May to 6 June
2003), agreed that the unified interpretation set forth in the annexed circular
contained appropriate guidance for the competent authorities acting in
accordance with chapter 7.9 of the Code when granting exemptions not
specifically covered under the approvals, permits, certificates and other
authorizations already provided for by the provisions of chapter 7.9.
4.
Member Governments are invited to use the annexed unified interpretation as
guidance when applying the IMDG Code, 2002 edition, and to bring it to the
attention of shipowners, shipmasters, shippers and other parties concerned.
ANNEX.
UNIFIED INTERPRETATION OF CHAPTER 7.9 OF THE INTERNATIONAL MARITIME DANGEROUS
GOODS (IMDG) CODE*, 2002 EDITION
____________
* As adopted by resolution MSC.122(75).
1.
Where the IMDG Code requires that a particular provision for the transport of
dangerous goods shall be complied with, a competent authority or competent
authorities (port State of departure, port State of arrival or flag State) may
authorize any other provision by exemption if satisfied that such provision is
at least as effective and safe as that required by the IMDG Code.
2.
Acceptance of an exemption authorized under this part by a competent authority
not party to it is subject to the discretion of that competent authority.
Accordingly, prior to any shipment covered by the exemption, the recipient of
the exemption shall notify other competent authorities concerned.
3.
Competent authority or competent authorities which have taken the initiative
with respect to the exemption:
.1 shall send a copy of such
exemption to the International Maritime Organization which shall bring it to
the attention of SOLAS Contracting Governments and/or MARPOL Parties, as
appropriate; and
.2 if appropriate, take
action to amend the IMDG Code to include the provisions covered by the
exemption.
4.
The period of validity of the exemption shall be not more than five years from
the date of authorization. An exemption not covered under paragraph 3.2 may be
renewed in accordance with the provisions of part A.
5.
A copy of the exemption shall accompany each consignment when offered to the
carrier for transport under the terms of the exemption. A copy of the exemption
or an electronic copy thereof shall be maintained on board each ship
transporting dangerous goods in accordance with the exemption, as appropriate.
6.
Part A does not apply:
- to exemptions mentioned in
chapters 1 to 7.8 of the IMDG Code (e.g. exemptions for limited quantities in
3.4.7 of