The German Federal Agency for Material Research (BAM, Bundesanstalt für Materialforschung und -prüfung) has issued a guidance for packaging defects in air freight (Leitfaden zur Beurteilung mängelbehafteter Versandstücke im Luftverkehr), which some industry circles also apply to maritime packaging. The guidance, unfortunately, is from 2005 and, of course, the security requirements for air freight are different from those for ocean carriage. While it is never bad to have inspiration to draw from, the arguments courts could potentially use to punish anyone who relies on the BAM guidance are evident; thus, it may be wise to exercise more scrutiny and common sense.

International Convention on Secure Containers (CSC) and the CTU Code

CSC and the CTU Code contain rules on the required durability and weight tolerance for containers, and it is always a good idea - if only to prevent massive insurance claims for cargo damage - to be conscientious about inspecting containers and taking damaged ones, as necessary, out of circulation. After all, the owner/operator of a container is liable for the container's security and reliability and is required to inspect his containers regularly. Captains should take heed to examine containers to make sure they have the right compliance stickers on them, and any container lacking such a sticker should - at least - be flagged and, depending on the circumstances, be refused carriage. The sticker on the container will either have the year and month of the next inspection or the letters ACEP (meaning: "Approved Continuous Examination Program"), meaning that the shipper's containers are routinely inspected.

The new CTU Code has rules for intermodal transit which will be looked into later, but before 2015; indeed, the CTU Code is set to enter into force later this year (i.e. 2014). The Maritime Safety Committee of the International Maritime Organization already adopted the CTU Code and of particular interest to captains is Chapter 13, which contains rules and instructions for practical application. These are sure to be a rich source of guidance, since the CTU Code provides these specifically for the purpose of training and education. Bear in mind that when in transit to the United States, as captain, one is not only responsible for what happens on board; rather, if involved in an intermodal chain (which is the rule), mishaps that logistics providers on land cause may lead to liability on the part of the ocean carrier. That means these new CTU Code instructions will need to be internalized and transmitted to intermodal partners!