Executive Decree no. 367/2018

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On April 9, 2018, the Corps of Harbor Authorities issued the Executive Decree no. 367/2018 (G.U. of the Italian Republic General Series 93 of 21 April 2018) with which we proceeded to:

· Approval of the Application Guidelines for the determination of the “verified gross mass of the container” (VGM);

· Abrogation of the Executive Decree n. 447/2016.

Recall that the amendment to rule VI / 2 of the SOLAS 74 Convention came into force on July 1, 2016 (see informative circulars Nos. 8, 11 of 2016 and No. 10 of 2017) in accordance with

MSC.1 / Circ.1475.

With the s.c. Application Guidelines, the aim is to update some provisions, to clearly define the methods for the determination and certification of the verified gross mass of the container, as well as to identify the weighing regulatory instruments and the requirements for the certification of the shipper, where required.

REGULAR SOURCES:

The reference legislation is:

· Rule VI / 2 of the SOLAS 74 Convention, as amended by the MSC Resolution. 380 (94)

of 20/11/2014;

· MSC.1 / Circ. 1475 of 09/06/2014.

RELIEF NEWS:

The system of the text, unlike the previous one, is addressed to all the subjects involved in the process

from the shipper, passing through the terminal operator to the maritime carrier.

We recommend a complete reading, but below we illustrate the relevant news:

Art 4 of the Decree in conjunction with point 4 of the Guidelines.

Holders of AEO Authorization (AEOS Security – Customs Simplifications / Security AEOC), referred to in

regulation (EU) no. 952/2013 of the European Parliament and of the Council of 9 October 2013,

who have already obtained authorization to use Method 2 for the weighing of containers to

purposes of the declaration of the VGM, based on the previous provisions contained in the executive decree

n. 447/2016, may continue to use this method, even if without certification

referred to in point 4.1 of the guidelines annexed to this decree, provided they are in

possession of company procedures related to weighing according to point 4.2 of the aforementioned lines

guide and exclusively until December 31, 2018, date by which they must comply with the

requirements set out in point 4.1.

With effect from 1 January 2019, the AEO authorization, both “Security” (AEOS) and “Simplifications

customs “(AEOC), will be understood exclusively as an element of facilitation for access to the

method 2.

Point 7 Guidelines

Another important innovation concerns checks and checks.

From previous provisions the tolerance granted at the time of verification between the declared VGM and the one

actually detected by the Authority was +/- 3%.

The new decree makes a distinction: for units with gross mass equal to or less than 10t the threshold

tolerance has been increased to +/- 5%, while for units with a mass greater than 10t the threshold remains

stops at +/- 3%.

Art 5 of the Decree: Sanctions

For the sanctioning aspects, which remain unchanged, please refer to Article 5 of the Decree, considering that the

reference standards in the event of irregularities are Article 1693 of the Civil Code, or in the case of art

483 p.p. in criminal cases of which the shipper and the articles 1215 and 1231 C.d.n.

(Navigation Code) by the Commander and the terminal operator, in competition with the other actors

operation.

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