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(NAR) VOL. 16 NO. 4 / OCTOBER - DECEMBER 2005

[ PHTBP MEMORANDUM CIRCULAR NO. 09-2001, July 02, 2001 ]

ISSUANCE OF INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE TO PHILIPPINE REGISTERED VESSELS



I
AUTHORITY

PD 600 and PD 979

2
SCOPE

Apply to all Philippine registered vessels engaged in international or domestic trade.

3
PURPOSE

To prescribe the procedure for the issuance of International Oil Pollution Prevention Certificate to Philippine registered vessels.

4
DEFINITION OF TERMS

    A. Oil Tanker - a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers or any "chemical tanker" constructed or adapted primarily to carry cargo of noxious liquid substances in bulk or when it is carrying cargo other than noxious liquid substances but part of it is oil in bulk.

    B. Product Carrier - an oil tanker engaged in the trade of carrying oil other than crude oil.

    C. Segregated Ballast Tank - a tank, which is completely separated from the cargo oil and oil fuel system permanently allocated to the carriage of ballast or cargoes other than oil or noxious substance.

    D. Dedicated Clean Ballast Tank - a tank primarily constructed for carrying ballast which, if such effluent were discharged into clean water would not produce visible traces of oil on the water surface upon adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.

    E. Oily-Water Separating Equipment - a separator or filter, or any combination thereof, which is designed to produce effluent containing less than 15 ppm of oil.

    F. Oil Discharge Monitoring and Control System - a system consisting of a control unit, a computing unit and a circulating unit. This system shall be equipped in oil tankers of 150 tons gross tonnage and above and shall record continuously the discharge of oil in liters per nautical mile and total quantity of oil discharged or in lieu thereof, the oil content of the effluent and rate of discharge.

    G. Cargo Tank Cleaning System - a system equipped in a crude oil tanker of 20,000 tons deadweight and above using crude oil washing.

    H. New Ship

      1. A ship for which the building contract is placed after 31 December 1995; or

      2. In the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 30 June 1996; or

      3. The delivery of which is after 31 December 1995; or

      4. Which has undergone a major conversion;

        a. For which the contract is placed after 31 December 1995; or

        b. In the absence of a contract, the construction work of which is completed after 31 December 1999.

    J. Existing Ship - a ship which is not a new ship.

5
GENERAL REQUIREMENTS

A. All ships

    1. Ships of 400 gross tons and but less than 10,000 gross tons shall be provided with:

      a. OWS equipment capable of producing an effluent with an oil content not exceeding 15 parts per million.

      b. Tank(s) of adequate capacity, having regards to the type of machinery and length of voyage, to receive the oily residues (sludge) such as those resulting from the purification of fuel and lubricating oils and oil leakages in machineries. The oil residues shall then be discharged into reception facilities.

      c. ORB, whether as part of the ship's official log book.

    2. Ships of 10,000 gross tons and above shall be provided with:

      a. An oil discharge monitoring and control system in addition to the Oily Water Separating Equipment stated in Section V (A) (1) (a)

      b. Tank(s) of adequate capacity, having regards to the type of machinery and length of voyage, to receive the oily residues (sludge) such as those resulting from the purification of fuel and lubricating oils and oil leakage in machineries. The oil residues shall then be discharged into reception facilities.

      c. ORD, whether as part of the ship's official log book.

    3. Vessels of less than 400 GRT shall be fitted with a holding tank having adequate capacity for the total retention on board of the oil bilge water for subsequent discharge to reception facilities.

    4. All oil water separator equipment shall be duly approved by the Philippine Coast Guard.

    5. Requirement of Section V (A) (1) (a) and V (A) (2) (a) can be waived subject to the provision stated in Section VII (A) (1) of this Circular.

B. Oil Tankers

    1. Oil tankers of 150 tons tonnage and above shall be provided with an oil discharge monitoring and control system, in addition to the Oily Water Separating Equipment, approved/accredited by the Philippine Coast Guard.

    2. The above requirements shall not apply to oil tankers of less than 150 gross tons for which the control of discharge of oil shall be affected by the retention of oil on board with subsequent discharge of all contaminated washings to reception facilities.

    3. Requirement of Section V (B)(1) can be waived subject to the provision stated in Section VII (A) (2) of this Circular.

    4. Existing oil tankers of 40,000 tons DWT engaged in international voyage shall:

      a. Be provided with segregated ballast tank(s) of adequate capacity so as to allow the ship to operate safely on ballast voyage without recourse to the se of cargo tanks for water ballast.

      b. Adapt cargo tank cleaning procedures using crude oil washing in lieu of the requirement prescribed above; or

      c. Dedicated clean ballast tanks in lieu of the above.

    5. New oil tankers of 20,000 tons DWT and above engaged in international voyage shall:

      a. Be provided with segregated ballast tank(s) of adequate capacity so as to allow the ship to operate safety on ballast voyage without recourse to the se of tanks for water ballast.

      b. Adapt cargo tank cleaning procedures using crude oil washing.

    6. An oil tanker operating with dedicated clean ballast tanks shall be equipped with an oil content meter, duly approved by the PCG, to enable supervision of the oil content in ballast water being discharged. The vessels shall further be provided with the following:

      a. Dedicated clean ballast tank operation manual and

      b. A supplement to the oil record book in the form specified in Annex II.

      The supplement shall be permanently attached to the Oil Record Book.

C. Product Carriers

    1. New product carriers of thirty thousand (30,000) tons deadweight and above shall be provided with segregated ballast tank(s) of adequate capacity so as to allow the ship to operate safely on ballast voyage without recourse to the use of cargo tanks for water ballast.

    2. Existing product carriers of forty thousand (40,000) tons deadweight and shall be provided with segregated ballast tanks, or alternatively operated with dedicated clean ballast tanks equipped with an oil content meter duly accredited by the PCG. Provided that vessels, operating with dedicated clean ballast tanks shall be equipped with the following:

      a. Dedicated clean ballast tank operating manual and

      b. A supplement to the oil record book in the form specified (Annex II). The supplement shall be permanently attached to the oil record book.

6
PROCEDURE FOR THE APPLICATION OF IOPPC/OPPC

    A. Shipowners shall forward their applicants for the IOPP/OPP Certificate in writing to the Commander, Marine Environmental Protection Command (CMEPCOM).

    B. Prior to the issuance of the Certificate and before the ship is put on service, an initial survey shall be undertaken by the Coast Guard District or Marine Safety Officer. In case the Certificate is being issued for the first time, the initial survey shall include a complete survey of the marine sanitation device or sewage treatment plant.

    C. After the survey, no significant changes or alternations shall be made in the structure, equipment, fittings, arrangements or materials covered by the survey without written authority from the Commandant, Philippine Coast Guard.

    D. CMEPCOM, through AC of S, CG-9, may recommend to the Commandant, PCG the accreditation of classification societies or survey organization/societies that may conduct the above-mentioned surveys.

    E. Vessels found to have complied with the provision of this Circular shall be issued an IOPP/OPP certificate signed by the Commandant, PCG for those engaged in international voyages or by CMEPCOM, for vessels engaged in domestic trade subject to the condition that periodical surveys shall be conducted every two years. Vessels found to be in order, shall be issued a certificate of Inspection, which shall be carried on board at all times.

    F. Intermediate surveys endorsed on the IOPP/OPP Certificate shall be conducted every two (2) years from the issuance of the Certificate. Failure to submit the vessel to the periodical survey shall warrant the suspension of the IOPP/OPP Certificate.

    G. The IOPP/OPP Certificate shall have a duration of 5 years from the date of issue but can be extended for a period not longer than three (3) months. If the vessel at the time when the certificate expires is not in a port or off-shore terminal subject to the jurisdiction of the Philippines. Provided further that the extension may be allowed only for the purpose of completing its voyage and returning to port for purpose of survey and then only in case where it appears proper and reasonable to do so. Vessels granted an extension shall not, upon its arrival at its homeport or the port where it is to be surveyed, be entitled by virtue of such extension, the right to leave the port without having obtained a new certificate.

    H. The certificate shall cease to be valid: (1) Upon the expiration of the IOPP/OPP Certificate, i.e., five (5) years from its approval; and (2) whenever significant alternations have taken place in the system/equipment without a written authority from the Commandant, PCG.

7
PROCEDURE FOR THE APPLICATION OF WAIVERS

A. Requirements for the Oily Water Separator and Oil Discharge Monitoring System maybe waived provided that all the following conditions are complied:

    1) Oily Water Separator

      a. Vessel is engaged exclusively on voyages within specific areas at regular basis.

      b. Length of voyage does not exceeded 72 hours.

      c. The ship is fitted with holding tank/s of adequate capacity for the retention of oily mixtures on board.

      d. All oil bilge water is retained on board for subsequent discharge to reception facilities.

      e. The PCG has determined there is adequate reception facility at the next port of call.

      f. Quantity, time and port of the discharge are recorded in the Oil Record Book.

    2. Oil Discharge Monitoring System

      a. Voyage is within 50 miles from the nearest land (reckoned from country's baseline)

      b. Length of voyage is 72 hours or less.

      c. Tanker is engaged exclusively in trades between port/terminals within the country.

      d. Tanker is fitted with a slop tank of adequate capacity to retain all oil mixtures on board for subsequent discharge to reception facility.

      e. The PCG has determined there is adequate reception facilities at the next port of call.

      f. Quantity, time and port of the discharge are recorded in the Oil Record Book.

B. Procedure

    a. Application of waiver from using either or both discharge Monitoring Equipment and the Oil Water Separator shall be made in writing and in a letter addressed to the Commander, Marine Environmental Protection of the Philippine Coast Guard. To be attached to the letter is an affidavit of undertaking executed by the master of the ship and the vessel owner or charter party, attesting the vessel is in compliance with the requirement of these guidelines and the planned ports of call within the territorial Philippines of said vessel.

    b) Within 15 days from receipt of application, the applicant must arrange for an ocular inspection of the vessel applied for and reception facilities in the planned ports of call of the vessel. Expenses for the inspection will determine whether the vessel is in compliance with abovementioned affidavit of undertaking and that the reception facilities on the planned ports of call are adequate and within standards of Annex 1 of MARPOL 73/78, as amended.

    c) Within 15 days from date of inspection the Marine Environmental Research and Development Center shall issue a memorandum of inspection to the Commander, MEPCOM, certifying whether or not the vessel applied for the vessel is in compliance with abovementioned affidavit of undertaking and that the reception facilities in the planned ports of call are adequate and within standards of Annex 1 of MARPOL 73/78, as amended.

    d) Within five (5) days from his receipt of the Memorandum of inspection, the Commander, MEPCOM shall prepare and request CPCG the issuance of a Certificate of Waiver, or Conditional of Waiver subject to compliance to certain requirements and time period for compliance, or denial of application, provided that in case of denials of application shall be made issued, no re-application may be entertained for a period of one year from date of the denial.

8
FEES

               
IOPPC/OPP Certificate Issuance - P1,000.00
Issuance of Waiver - P1,000.00

9
PENALTIES

An administrative fine in the amount of (P10,000.00) for every violation of the General Requirements provided in this Circular, without prejudice to the cancellation of the IOPP/OPP Certificate.

10
EFFECTIVITY CLAUSE

Shall take effect fifteen (15) days from the time it is filed with the U.P. Law Center.

Adopted: 02 July 2001

(SGD.) ARTHUR N. GOSINGAN
VADM PCG
Commandant PCG

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