IMDG Code Structure, Scope, and Legal Framework
How the framework fits together
The IMDG Code gives effect at sea to two international conventions. SOLAS Chapter VII makes the carriage of dangerous goods mandatory and points to the IMDG Code for packing, marking, labelling, documentation, stowage and segregation. MARPOL Annex III governs marine pollutants, and the Code's marine pollutant provisions implement it. The Code itself is not a treaty; it is a mandatory instrument adopted by IMO and given legal force domestically. In Canada, the Transportation of Dangerous Goods Act and Regulations (TDG) are the domestic law. TDG incorporates the IMDG Code by reference for international marine transport, so a consignment moving by sea from a Canadian port must satisfy both. Part 1 of the Code covers general provisions, definitions, training and the Code's relationship to other instruments; the Dangerous Goods List, packing instructions and special provisions sit in later parts, and the Supplement contains the EmS and MFAG guides.
Traps candidates fall into
- Confusing SOLAS (ship safety, mandatory carriage) with MARPOL (pollution prevention). A question about marine pollutant classification is MARPOL territory.
- Forgetting that the IMDG Code applies to the ship and the shore-side consignment; TDG duties attach to the Canadian consignor, carrier and handler.
- Assuming the Code applies only to ocean-going vessels; it applies to all ships to which SOLAS Chapter VII applies.
- Missing that the Supplement (EmS, MFAG) is guidance, not a mandatory part of the Code's requirements in the same way as Parts 1-7.
Rule of thumb
Ask "who is the duty holder and under which instrument?" SOLAS/MARPOL set the international standard; TDG creates the Canadian legal duty. When a question mentions a Canadian shipper offering goods for sea transport, both layers apply.