INTRODUCTION TO MARINE CARGO MANAGEMENT Cargo management, especially in the maritime sphere, plays a vital role in the transfer of goods between seller and buyer. However, despite over 90% of the world’s international trade being conducted by sea, often very little is known about this subject by either party. This unique text provides a clear and comprehensive introduction to the principal elements involved in the management of marine cargo and the carriage of goods by sea. Not only does it analyse key theories and debates in the maritime freight sector, it is equally instructive on practice and logistics.
Furthermore, the book provides a thorough guide to the roles and responsi- bilities of all parties involved in this dynamic industry. This second edition has been fully revised and updated to incorporate the very latest changes in cargo management legislation and procedures, including: • Offshore oil and gas supply management • The revised INCOTERMS 2010 • Tramp shipping and spot cargo trading • Project cargo management • Dry and liquid bulk cargo management • The IMDG Code and the marine carriage of dangerous and hazardous goods • Cabotage • Salvage • Risk management and best practice This is an essential guide for shipping professionals, academics and students of marine logistics, and international trade. Mark Rowbotham is a Lecturer at Liverpool John Moores University, as well as Distance Learning Tutor at Middlesex University. LLOYD’S PRACTICAL SHIPPING GUIDES Other titles in this series are: Steel: Carriage by Sea by Arthur Sparks (2009) Port Operations: Planning and Logistics by Khalid Bichou (2009) Risk Management in Port Operations, Logistics and Supply Chain Security by Khalid Bichou, Michel G.
Bell and Andrew Evans (2009) Port Management and Operations 3rd Edition by Professor Patrick M. Alderton (2008) Introduction to Marine Cargo Management by J. Mark Rowbotham (2008) Maritime Law 6th Edition by Chris Hill (2005) The ISM Code: A Practical Guide to the Legal and Insurance Implications by Phil Anderson (2005) INTRODUCTION TO MARINE CARGO MANAGEMENT BY J. MARK ROWBOTHAM SECOND EDITION LLOYD’S PRACTICAL SHIPPING GUIDES Series editor: Peter J.
McArthur Second edition published 2014 by Informa Law from Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Informa Law from Routledge 711 Third Avenue, New York, NY 10017 Informa Law from Routledge is an imprint of the Taylor & Francis Group, an Informa business © Mark Rowbotham 2014 First edition published by Informa Law 2008 All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. While every effort has been made to ensure that the information contained in this book is correct, neither the author nor Informa Law can accept any responsibility for any errors or omissions or for any consequences arising therefrom. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
Lloyd’s and the Lloyd’s crest are registered trademarks of the society incorporated by the Lloyd’s Act 1871 by the name of Lloyd’s. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Rowbotham, J. Introduction to marine cargo management/ by J.5′44–dc23 2013034741 ISBN: 978-0-415-73241-3 (pbk) ISBN: 978-1-31581-401-8 (ebk) Typeset in Plantin by Florence Production Ltd, Stoodleigh, Devon, UK CONTENTS Acknowledgements viii ‘Cargoes’ x Table of cases xi Table of UK legislation and international legislation xiii Table of conventions, directives, regulations, treaties xv List of figures and tables xix Introduction xxi CHAPTER 1: THE MARITIME SECTOR 1 1 Overview of the UNCLOS 1 2 Vessel traffic monitoring 6 CHAPTER 2: CARGOES AND VESSELS 9 1 Types of marine cargo traffic 9 2 Types of cargo vessel 13 3 The nature of cargoes 21 4 The port system 24 5 The development of containerisation 27 6 Multimodalism 34 CHAPTER 3: CHARTERING AND BULK CARRIAGE 49 1 Chartering 49 2 Break-bulk cargo 54 3 Bulk carriage 63 CHAPTER 4: LIQUID BULK CARGO MANAGEMENT 77 1 Tankers 77 2 Liquid bulk carriage 90 vi Contents 3 Methods of oil transport 91 4 Oil products 93 5 Codes for the carriage of dangerous bulk cargoes by sea 94 6 Tanker management 98 7 The sea transport of liquefied gases in bulk 107 CHAPTER 5: OFFSHORE OIL AND GAS OPERATIONS SUPPORT 123 CHAPTER 6: ORGANISATIONS, PROCESSES AND DOCUMENTATION 134 1 Maritime organisations 134 2 INCOTERMS 142 3 The shipping organisation and shipping process 149 4 Ro-Ro shipments 158 5 Freight documentation 162 CHAPTER 7: LEGAL, FINANCIAL AND INSURANCE ISSUES 177 1 Maritime cargo legislation and carriage contracts 177 2 The financial aspects of cargo management 193 3 Risk management and marine insurance 221 CHAPTER 8: COMPLIANCES AND CONTROLS 233 1 Customs maritime cargo reporting and controls 233 2 The duty of disclosure, dangerous goods and port information 245 3 Cargo stowage and loading 252 4 The IMO FAL Convention and the ISPS Code 259 CHAPTER 9: SALVAGE 265 CHAPTER 10: MARINE CARGO SECURITY 277 1 The ISPS Code 279 2 The ENS system 294 3 Multimodalism and shipper awareness 297 4 Examples of cargo security failures 300 Contents vii CHAPTER 11: ROLES AND RESPONSIBILITIES 312 1 Perspectives from bridge and shore 312 2 The short-sea sector and the ‘marine motorway’ 320 3 Perceived anomalies in marine reporting 323 4 Automatic Identification System (AIS) 330 CHAPTER 12: AWARENESS AND VIGILANCE 336 1 The audit trail 336 2 ISO 28000/ISO 28001 and Six Sigma 340 3 Documentary and procedural requirements 346 CHAPTER 13: SUMMARY AND APPRAISAL 368 1 Factors in the marine cargo management process 369 2 Common errors in cargo management 373 Appendices 377 Glossary 391 Further reading 394 Index 403 ACKNOWLEDGEMENTS In writing this book, my grateful thanks go to many people who advised, encouraged and supported me, despite the daunting challenges this project presented. To my colleagues Capt.
Rodger MacDonald, Bill Oakes and Richard Martin, of CILT, who have mentored me and who sowed many of the seeds in my mind, which became the essence of this book. To Captain Russ Garbutt, who spared some of his valuable time to show me the workings of the Port of Hull and P&O Ferries. To Geoff Catterick, of CILT, for imparting much of his own wealth of knowledge on the freight forwarding sector. To Informa Group, who have shown keen interest in the project from the outset.
To Lloyd’s Maritime Academy, who spurred on my interest in the technical field of maritime operations, and to Lloyd’s MIU, who gave me access to their AIS website. To HM Revenue & Customs, who, as HM Customs & Excise, taught me much of the profession I know today. To the various port authorities and shipping lines, who have kept me supplied with much valuable information. To Mike Toogood, formerly of the MCA, who allowed me access to various facilities at CNIS Dover to understand much more about the practice of vessel monitoring and controls.
To my family ancestors, who, being good seafarers, ensured that sea salt and the love of the sea was already in my blood. To my wife, who has greatly inspired and supported me throughout this project, even when I felt short of inspiration. Specific acknowledgements go to: • the Port of Liverpool; • the Port of Tyne; • Clydeport; • CMA CGM; • Warren Pringle at Lloyd’s MIU; • Ian McConnell at AIS Liverpool; and • John Ambler. Acknowledgements ix And to all those I may have inadvertently missed out or forgotten, a big thank you to all for contributing to my knowledge and providing me with such a wealth of information.
‘CARGOES’ Quinquireme of Nineveh from distant Ophir, Rowing home to haven in sunny Palestine, With a cargo of ivory, And apes and peacocks, Sandalwood, cedarwood and sweet white wine Stately Spanish Galleon coming from the Isthmus, Dipping through the Channel by the palm-green shores, With a cargo of diamonds, Emeralds, amethysts, Topazes and cinnamon, and gold moidores. Dirty British Coaster with a salt-caked smoke stack, Butting through the Channel in the mad March days, With a cargo of Tyne coal, Road-rails, pig-lead, Firewood, ironware, and cheap tin trays. John Masefield (1878–1967) TABLE OF CASES ‘1997 legal case’, 1 Lloyd’s Rep 323 (HL). 272 David T Boyd & Co Ltd v Louis Louca [1973] 1 Lloyd’s Rep 209.
188 Frebold v Circle Product Ltd [1970] 1 Lloyd’s Rep 499. 188 Mirabita v Imperial Ottoman Bank [1878] 3 Ex D 164. 191 President of India v Metcalfe Shipping Co [1969] 3 All ER 1549. 188 Pyrene v Scindia Navigation Co [1954] 2 QB 402.
188 Sava Star, The (1995) 2 Lloyd’s Rep 134. 273 This page intentionally left blank TABLE OF UK LEGISLATION AND INTERNATIONAL LEGISLATION Bills of Lading Act (1855). 48 Carriage of Goods by Sea Act (COGSA, 1971). 237, 247, 347–8, 355–6, 398 Carriage of Goods by Sea Act (1992).
180 Coastal and Inland Shipping Act (Nigeria). 48 Customs & Excise Management Act (C&E Act, CEMA, 1979). 357 Data Protection Act. 160, 252, 334 Financial Services Act (1988).
211 Importation and Exportation by Sea Regulations (1981). 47, 48 Lloyd’s of London Incorporation Act (1871). 225 Maritime Cabotage Act (Nigeria, 2003). 47–8 Marine Insurance Act (1906).
271–2, 276, 305 xiv Table of UK legislation and international legislation Merchant Shipping Act (2002). 266 9/11 Commission Recommendations Act (USA, 2006). 364 Protection of Military Remains Act (1986). 272 SAFE Port Act (USA, 2006).
364 Sale of Goods Act (1979). 188 Statutory Instruments SI 1981/1260. 235 Territorial Sea Act (1987). 362 TABLE OF CONVENTIONS, DIRECTIVES, REGULATIONS, TREATIES Athens Convention.
136 Brussels Convention for Unification of Certain Rules with Respect to Assistance and Salvage at Sea (1910) 267, 272 Brussels Protocol (1968). 140, 180 see also Hague Rules Code for Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code). 95, 96 Continental Shelf Convention (1958). 3 Convention on Contract for International Carriage of Goods by Road (CMR, 1956).
186 Convention on International Multimodal Transport of Goods (UNCTAD, 1980). 35–6 Council Regulation 3577/92/EEC (7 December 1992). 45–6 EC Directives 93/75/EC. 6–8, 324, 344 European Commission Regulations 2454/93, Articles 205.
87 European Union Directive Vessel Tracking and Monitoring (2004). 116 General Agreement on Trade in Services (GATS). 48 Global Maritime Distress and Safety System (GMDSS, 1988). 136 Guidelines for transport of vegetable oils in deep tanks.
on board dry cargo ships (2004, effective 1 January 2007). 97 xvi Table of conventions, directives, regulations, treaties Hague Rules. 180–1, 245 Hague-Visby Rules (1968). 95, 247, 248 Hamburg Rules vide UN Convention on Carriage of Goods by Sea (1978) ICC/UNCTAD Rules Notice 298.
167 International Chamber of Commerce (ICC) uniform rules. 167 International Code for Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (International Bulk Chemical Code or IBC Code). 97 International Code for Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (International Gas Carrier Code or IGC Code). 96, 121 International Convention on Civil Liability for Oil Pollution Damage.
136 International Convention on Liability and Compensation for Damage in Connection with Carriage of Hazardous and Noxious Substances (HNS) by Sea (1996). 97–8, 139 International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC, 1990–). 98, 136 International Convention for Prevention of Pollution from Ships (MARPOL, 1973). 95, 96–7 Annex II: Regulation 4 Exemptions.
95 International Convention for Prevention of Pollution from Ships: Protocol of 1978 (MARPOL 73/78). 101 International Convention on Search and Rescue (SAR, 1970s). 136 International Maritime Dangerous Goods (IMDG) Code (IMO, 1965–) .