Carriage of fishmeal

On 26th March 1997 the IMO published its DSC Circular No. 6, containing Amendment 29 to the International Maritime Dangerous Goods (IMDG) Code. One of the provisions in the Amendment excludes the application of the IMDG Code and Bulk Carrier (BC) Code to certain types of fishmeal.1

Although both destabilised and anti-oxidant treated fishmeal are still included in the IMDG Code as dangerous cargoes, if anti-oxidant treated fishmeal (normally IMO Class 9) is certified by the competent authority of the country of shipment as having no self-heating properties when carried in packaged form, then the provisions of the IMDG and BC Codes will not apply. Accordingly, as indicated in Observation (c) of the Annex to the IMO DSC Circular No. 6, fishmeal in packaged form which is accompanied by a certificate issued by a recognised authority of the country of shipment or other recognised authority stating that the product has no self-heating properties when carried in packaged form does not have to be carried in accordance with the provisions of the IMDG Code applicable to anti-oxidant treated fishmeal which is not so certified (IMDG Class 9 cargo). Therefore fishmeal cargoes may be divided into the following categories:

In any event, Members are recommended to ensure that in the case of carriage of anti-oxidant treated fishmeal in packaged form which is certified as having no self-heating properties, the certificates in question comply with the requirements mentioned in the IMO DSC Circular No. 6 of 26th March 1997. It is also recommended that the fishmeal be described in the bill of lading as "anti-oxidant treated fishmeal with no self-heating properties".

Although an indemnity from the shippers will probably be available if the Hague, Hague-Visby or Hamburg Rules apply to the contract, if possible, an express guarantee may also be obtained from the shippers as to the accuracy of the description of the cargo. A stamp on the face of the bill of lading stating the following would probably be sufficient:

"Shippers hereby guarantee the accuracy of the particulars relating to the nature of the goods as furnished by them for insertion in the bill of lading and undertake to indemnify the carrier against any liability, loss or damage resulting from inaccuracies in such particulars." This should ensure that in the case of misdescription of the cargo a recourse claim against the shippers under the Hague, Hague-Visby or Hamburg Rules, or under the express terms of the bill of lading (in case the Rules are not applicable to the relationship between carrier and shippers) will be available, as opposed to a mere recourse in tort against the authority which issued the certificate.

Footnotes
1 DSC/Circ. 6, paragraph 4 and annex.