Report regarding the revision of the Freight Containers Safety Convention (Jersey) Regulations 1994
Summary
To comply with International Treaty obligations, the Health and Safety at Work (Freight Containers Safety Convention) (Jersey) Regulations 1994 (the ‘Regulations’) require amendment to reflect changes to the Convention under which the Regulations were originally introduced. These will introduce minor changes relating to the Safety Approval Plate (SAP) and approval tests set out in the existing Regulations.
Background
The Regulations were introduced in 1994 in response to the 1972 Convention for Safe Containers (‘the Convention’) which was ratified by the UK Government in 1978. As Jersey agreed to be party to the Convention, Jersey had a duty to bring in the Regulations.
The Convention has two goals:
- To maintain a high level of safety of human life in the transport and handling of containers by providing generally acceptable test procedures and related strength test
- To facilitate the international transport of containers by providing uniform international safety regulations.
Under the Convention, containers must be approved for safety by the Government or an organisation acting on its behalf. In Jersey such approvals are issued by an organisation approved by the Minister.
Approved containers must also be inspected and examined in accordance with approved schemes. Jersey recognises the examination scheme approved by the UK Health and Safety Executive as being appropriate for containers used in the Island. Procedures are set out for both Periodic Examination Schemes (PES) and for an Approved Continuous Examination Programme (ACEP). A Safety Approval Plate (SAP) must be fixed on each container to indicate compliance and to display relevant technical data, the identification number that references the original manufacturer, or a unique identifier allotted by the authorising organisation. The ACEP number or the next examination date must also be indicated on the plate or displayed as required by the examination scheme or programme.
The Maritime Safety Committee (MSC), the highest technical body of the International Maritime Organisation (IMO), has subsequently adopted a number of amendments to the 1972 Convention in response to incidents or concerns raised by signatories to the Convention. Four minor amendments were adopted by the IMO in 1981, 1983, 1991 and 1993. Further key time-bound amendments to the Convention, adopted by the MSC under resolutions MSC 310 (88) and MSC 355(92), came into force on 1 July 2012 and 1 July 2014 respectively. These introduce significant physical changes to the SAP and additional safety tests. The amendments are due to be implemented in the UK by way of new consolidated Regulations that come into force on 06 April 2017.
The terms of the Convention mean the States of Jersey should also give effect to the amendments by updating the Regulations currently in force in the Island. The proposed changes to the Jersey Regulations mirror that of the UK’s new consolidated Regulations. If the Regulations were not updated in line with the Convention then the States of Jersey would not be fulfilling its international treaty obligations.
Overview of changes required to comply with the Convention
The proposed amendments to the 1994 Regulations involve:
- Review and audit of approved examination programmes
A requirement for the ACEP and PES arrangements to be reviewed by the administration for the contracting parties once every 10 years to ensure they remain viable. In Jersey this is the Minister for Social Security.
- Updating the terminology on SAPs
The requirements for approved examination programmes have been expanded to more clearly describe the validity of, and elements to be included in, such programmes. The majority of the amendments are to ensure uniform use of terminology and to align physical dimensions and units to the SI system (international system of units). Specifications for SAPs have also been updated in the Convention. For example, Regulation 3 of the 1994 Regulations refers to “maximum gross weight”. This no longer aligns with the terminology used in the updated Convention which refers to “maximum operating gross mass”.
- Conspicuous marking of containers with limited stacking or racking capacity
Containers considered to have limited stacking or racking capacity (which were constructed or whose limited capacity has commenced since 1994) are required to be conspicuously marked in accordance with ISO 6346 standard. These containers are not currently required to be marked. ISO is the acronym for the International Organization for Standardization that develops voluntary International Standards. There is one member body per country (in the UK it is the British Standards Institution). The ISO standard is incorporated into the Convention which states at Annex I that the standard must be adhered to. The standard covers the serial number, owner, country code, and size of any given shipping container.
- Testing containers operating with one door removed
Containers with one door removed are required to undergo additional tests before being approved for operation under the Convention.
- Authorised Control Officers (Annex III)
A new Annex III has been added to the Convention on control and verification. If there is significant evidence that the condition of a container creates an obvious risk to safety, Annex III provides the detail to enable authorised officers to assess the integrity of structurally sensitive components of containers and to decide whether a container is safe to continue in transportation. There are currently no such officers appointed in the Island, and the current arrangements are considered to be proportionate to the risks presented. As such, there is no intention to enact the powers enabled by the Convention in this respect.
What impact will the revised Regulations have for stakeholders
The main groups affected by the proposed changes will be container owners and operators. Consultation with the industry suggests there is currently only one container owner based in Jersey. Although other duty holders to which the convention applies operate in the Island, they are based elsewhere and so fall outside of the scope of the Jersey Regulations (although would be captured by the legislation enacted under the convention in their respective jurisdiction).
Consultation with the only local owner and operator affected by the proposed amendments identified that, although it owns an estimated 150 containers, the containers were manufactured prior to 01 July 2014 so the existing SAPs may be retained. It was also confirmed they currently have no containers that have limited stacking or racking capacity or any containers operating with one door removed, so are not impacted by the changes introduced in respect of these types of container.
Relationship with Great Britain
The proposals set out in this report do not differ in any significant way from the proposals on corresponding GB Regulations. Such differences as do occur relate only to Jersey legislation and institutions.
Costs and Benefits
There are no significant financial implications for the Jersey business subject to the requirements of the Regulations as it currently has no containers that will be affected by the proposed amendments.
Updating the Regulations will remove inconsistency with the implementation of the Convention in other countries and thereby remove a potential source of legal or business uncertainty for owners and operators.
Recommendation
The Minister is requested to agree to the amendments to the Freight Containers Safety Convention (Jersey) Regulations 1994 and instruct that the Director of Health and Safety forward Law Drafting Instructions to the Law Drafting Office.
Director of Health and Safety
22 March 2017
gov.je