Colombia: Changes to coal shipments

Members may be aware that a barge carrying coal had an accident near Santa Marta, Colombia in January 2013, and that some 2,000 m.t. of coal were lost in to the sea. Subsequently there was a prosecution and a multi-million dollar fine was sought, which may be the largest of its kind in Colombia to date. Final determination of the issue is still not yet completed.

Investigations conducted by the Authorities are said, however, to have revealed that there was significant environmental damage, which is part of a continuing trend of greater focus by national authorities on possible problems which can follow the introduction of cargoes in to the marine environment. It is also an issue which is part of some of the most recent and significant MARPOL developments.

Colombia has existing laws that seek to change the transport of coal from barges and on to closed conveyor systems, including Decree 3083 of 2007 and Law 1450 of 2011. Recently the Colombian Authorities again sought to take steps to ensure full compliance with the law, including preventing loading of some cargoes borne by barge.

Members seeking to carry coal from Colombia should be aware of the position under the local law and should seek to verify in advance how loading is to be conducted. If Charterers or Shippers cannot advise or confirm that loading will be in compliance with local laws and regulations, then Members should investigate further to avoid potential disputes.

In case of doubt or concern upon arrival, the Association's local Correspondent will be able to assist Members and Masters at short notice.

Members should also note that going forward there will be enhanced focus on the possible polluting of marine environments from the entry of cargoes in to sea waters. Whether it be spillage during cargo operations, disposal of cargo residues and washing / bilge waters, or an accident, national authorities will follow up on such incidents and action is likely.

Colombia is and remains a major coal exporter, with about 50 million m.t. shipped to Europe annually, meeting a significant % of European coal demands. Infrastructure upgrades locally, specifically new conveyor belt systems for loading, should see Colombia be able to continue being a significant coal source going forward.

Source: Skuld P&I Club

February 2014.