Container losses; the 2026 SOLAS and MARPOL amendments

The era of the ultra-large container vessel has revolutionised global logistics. The shipping industry has witnessed tremendous growth in the carriage of goods by container vessels, and the scale of operations has never been larger. Notwithstanding advances in ship design and cargo securing methods, the loss of containers remains a persistent problem. These incidents pose a tangible threat to maritime navigation, environmental safety, and economic interests.

In response, the International Maritime Organization (IMO) has adopted amendments to the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL) via Resolution MSC.550(108).

Effective from 1 January 2026, these amendments introduce a mandatory duty to report lost or drifting containers. This article examines the new regulatory landscape and its practical implications for the market.

Framework and challenges

Under the current framework (SOLAS V/31 and MARPOL Protocol I), there is a general obligation to report navigational hazards. However, the industry has lacked a specific, harmonised standard for container losses. The new amendments revise Regulations 31 and 32 of Chapter V of SOLAS to align international navigational safety with environmental measures. Under the new Regulation V/31, the master of a vessel is duty-bound to report the loss of one or more containers without delay. Where this is not possible, the duty falls to the shipping company.

The reporting obligation is threefold and prescriptive. The report must be sent to:

• nearby ships in the vicinity, to alert them to navigational hazards;

• the nearest coastal State authorities; and

• the vessel’s flag State.

It must include:

• the position of the incident (whether actual, estimated, or a discovered sighting);

• the total or estimated number of containers;

• the presence of any dangerous goods, with specific reference to UN numbers; and

• physical descriptions (type, size, and whether the units are empty).

Upon receipt of such a report, the flag State is required to upload the incident data into the IMO’s Global Integrated Shipping Information System (GISIS). This measure is designed to facilitate the sharing of shipping-related information and provide greater transparency regarding these incidents.

Crucially, this duty extends beyond those who lose cargo; masters who merely sight drifting containers are now explicitly required to report these observations.

A practical hurdle for the new regime is detection. Visual identification of containers in rough seas is notoriously difficult, and many units sink rapidly or are obscured by sea state. To improve detection and reporting, the industry is looking toward technological innovation, with operators increasingly using:

• Smart/container tracking (e.g., GPS/GSM devices) to flag unusual movement, damage, or to track separated containers;

• Satellite imagery and drift modelling to estimate likely tracks of floating units and assist coastal warnings.

These tools do not replace the duty to report but can help crews make timely and accurate submissions.

Context

While the World Shipping Council notes that losses are statistically rare, the severity of individual incidents drives the need for regulation. Recent high-profile casualties highlight the environmental stakes. The loss of materials overboard, particularly those of a hazardous nature, could result in extensive pollution requiring large-scale clean-up efforts. While hull damage to large vessels from drifting containers is often difficult to quantify on an industry scale, the risk to smaller craft and yachts is significant and more readily attributable.

It is important to note that, notwithstanding the increased responsibility falling on third parties, the shipowner and operator will remain the primary, if not the sole, target for loss recovery in the first instance. This includes claims regarding wreck removal, pollution clean-up, and third-party damage.

Comment

The 2026 SOLAS amendments represent a significant step toward accountability and global cooperation. By improving the speed and quality of warnings to mariners and authorities, the regulations aim to enhance maritime safety and environmental stewardship.

For vessel operators, practical steps include:

• Updating the vessel’s Safety Management System, bridge checklists, and standing orders to reflect the enhanced reporting obligation.

• Train bridge teams on report content and how to identify relevant contact points (nearby ships, coastal State, flag State).

For coastal and flag States, the new regime offers an opportunity, if properly seized, to improve safety records and mitigate environmental risks.

Ultimately, the successful implementation of these regulations, and realisation of the intended benefits on an industry scale, will depend upon the application of advanced tracking and data analysis technologies to reliable reporting from well managed vessels.

This article was co-authored by associate, William Curtis.