TT Talk - CMR - German courts must now accept declaratory rulings by court of other Member States
04/02/2014
TT Club would like to highlight a recent preliminary ruling of the European Court of Justice (ECJ) in the case of Nipponkoa Insurance v. Inter-Zuid Transport (Judgment 19 December 2013). Its importance is that German courts cannot now ignore declaratory proceedings made by courts in other EU Member States.
Help define how loss prevention information can be delivered or modified for your operations to match your work practices and advancing technology. The TT Club, together with ICHCA International, invite you to complete a quick four question survey. Your feedback will greatly help us develop loss prevention solutions in 2014 that better support sound operational decisions and augment on-going training.
Anecdotal information suggests that some in the maritime supply chain are using out of date dangerous goods data. Inspections evidence that non-compliance continues to be too high. Incidents demonstrate the results. TT Club recommends a New Year resolution: implement the new IMDG amendment and ensure that goods are properly classified, marked, packed and declared.
It is inevitable that everything that is transported by sea starts and ends on land. As a result, the TT Club lobbied for training of shore side personnel in the requirements of the IMDG Code. While the United Nations continues to seek harmonisation across the different modes, it is necessary to be competent in handling dangerous goods throughout the anticipated transport chain. Good tools and training options are available, but is more required to ensure safety?
Whilst technological advances undoubtedly provide greater operational efficiencies and opportunities for carriers and operators to mitigate their exposure to theft and fraud, unfortunately they equally benefit organised criminal organisations. As invasive cyber-technology becomes more widely available, the TT Club suggests that what has been observed in recent months could be a significant emerging risk to legitimate trade, exposing the operators in the supply chain to economic and commercial damage.
The European Commission estimated that the value of cargo stolen in transit was around EUR8.2 billion per annum. The TT Club has seen an increase in the role fraud is playing in such losses. There is a marked trend in organised crime posing as legitimate operators or using internet cargo clearing sites to facilitate the theft of high value cargo. Perhaps most worrying is that this is global.
Despite significant political, legislative and judicial developments in the two months since Hassan Rouhani was elected President of Iran, the current EU and US sanctions against Iran remain by far the most onerous sanctions. Where sanctions in general are complex and require close attention, any business engaging in any trade which has any connection with Iran has to pay particular attention to the onerous restrictions and recognise the significant 'teeth' behind the political positioning.
Freedom in international trade in the 21st century remains littered with obstacles and barriers, most of which will be accommodated in the normal course of business. The political and volatile subject of sanctions presents an extremely important hurdle that every company involved in handling and transporting cargo internationally needs to approach with diligence.
The Container Owners Association (COA) has now launched its 'COA Reefer Service Facility Directory', a database of reefer service companies. Shipping lines would be prudent to ensure that suppliers are properly listed and use those who confirm that they are carrying out gas bottle testing.
Concerns over the availability of good quality boards for container flooring are rising. As a result there is increasing need for rigorous compliance with test procedures. There has been much international focus on the accuracy of gross mass of cargo, as well as correct weight distribution in the draft CTU Packing Code. The capability of container floors is a necessary part of the equation.
ICHCA International, the NGO association for the global cargo handling industry, will be hosting a practical seminar, 'Understanding the new IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (CTUs)', in London on 22 October. Held aboard HQS Wellington on the River Thames, the one-day event will focus on the new Code's terms, their potential impact, and how they will be enforced globally. More broadly, the seminar will address how in practical terms the industry can tackle the endemic problems currently caused by poor packing and securing of cargoes in containers, trailers and other transport units.