Agreement under IMSBC Code, Section 1.3

Solid bulk cargoes may only be transported by seagoing vessel if they are listed in the IMSBC Code. If a substance is not yet listed here, a temporary agreement is needed. 

Temporary agreement

The shipper must apply for authorisation for transport with the maritime authority of the country of loading. In the Netherlands this is the Human Environment and Transport Inspectorate (ILT). The authority of the country of loading initiates the temporary agreement. The country of the carrier (flag state of the ship) and the country or countries of destination will subsequently also be part of this agreement.

The temporary agreement can only be concluded if all parties involved agree on the conditions of carriage.

There are 2 types of agreements:

  • In case of Group A, B or A&B cargo: Tripartite Provisional Agreement (TPA)
  • In case of Group C cargo: Notification

More details on this distinction can be found in the IMSBC Code.

Requesting authorisation for transport

The shipper (cargo owner) of the goods requests authorisation from the ILT using the form IMO Solid bulk cargo information reporting questionnaire.

If you are shipping the product from a country other than the Netherlands, you must apply for authorisation with the authorities of the exporting country. You will find the contact details per country on the website of the International Maritime Organization (IMO).

Application for Group C cargo

If the cargo is classified as Group C, the competent authority of the country of loading is authorised to approve the carriage of the product. This is called a 'notification'.

For a notification, as for a TPA, the relevant conditions of carriage apply. The authority notifies the vessel's flag state and the country or countries of discharge of this approval. After this, the cargo is authorised for transport. You must submit the same documents with the application (where relevant) as for a Group A, B or A&B cargo.

ILT’s duty to notify

The ILT notifies the IMO that a TPA or a notification has been issued. A product to be included in the next edition of the IMSBC Code will be notified by the ILT to the IMO within one year after the agreement. With each new edition of the IMSBC Code, IMO reviews which submitted products will be included.