Supreme Court E-Library
Information At Your Fingertips

  View printer friendly version

Pursuant to Presidential Decree No. 474, Executive Order Nos. 125/125Aas amended, 295 and its Revised Implementing Rules and Regulation (R-IRR), and Flag State Administration in Advisory (FSAA) No. 23 dated 15 February 2002, the ISM Code, the applicable provisions of the Code on Safe Practice for Cargo Stowage and Securing (CSS Code) under Chapters VI and VII of the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, the following rules are hereby adopted.


I. Objectives

1.  To foster the safe operation of Philippine-registered ships covered under this Circular;
2.  To provide rules and regulations to implement the Code Safe Practice for Cargo Stowage
and Securing in the domestic trade; and
3.  To institutionalize the Cargo Securing Manual as part of the safety requirement for ships covered under this Circular.


II. COVERAGE

This Circular shall apply to all domestic ships/motor boats carrying cargo units except the following:

1.  Ships/vessels issued solely in the carriage of solid or liquid cargoes and timber stowed on deck;
2.  Ships/vessels used solely in the carriage of gasses in bulk; and
3.  Motor boats of 3 GT and below.

III. DEFINITIONS

For purposes of this Circular, the following terms are hereby defined:

1.  Administration — refers to the Maritime Industry Authority (MARINA).
2.  Cargo Securing Devices — refers to all fixed and portable devices used to secure and support cargo units.
3.  Cargo Securing Manual (CSM) — refers to cargo securing arrangement for the safe stowage and securing of cargoes on board, including packing or loading in road vehicle and freight container where applicable.
4.  Cargo Units — refers to vehicles (road vehicles, roll trailers, etc.) railway wagons, containers, flats, pallets, portable tanks, intermediate bulk containers (IBC), packed units, units loads, other cargo carrying units such as shipping cassettes, cargo entities such as steel coils and heavy cargo items such as locomotives and transformers; loading equipment or any part thereof, transported on the ship but which is not permanently fixed to the ship, is also considered a cargo unit.
5.  Chief Officer — refers to an officer next  in rank to the Master and upon whom the command of a ship will fall in the event of the incapacity of the Master.
6.  Code — refers to the Code of Safe Practice for Cargo Stowage and Securing provided under Chapters VI and VII of the Convention for the Safety of Life at Sea (SOLAS) 1974, as amended.
7.  Company — refers to the owner of the ship or any organization of person such as the manager, or the bareboat charterer, who has assumed responsibility for operation of the ship owner and who on turning such responsibility, has agreed to take over all the duties and responsibilities imposed by the Code
8.  CSM Compliance Certificate — refers to a certificate issued by the Administration attesting that a particular ship after due review and evaluation by the Administration has been found to have fully complied with all the requirements of the Code and this Circular.
9.  Standardized Cargo — refers to cargo for which the ship is provided with an approved securing system based upon cargo units of specific types.
10.  Semi-Standardized Cargo — refers to cargo for which the ship is provided with securing system capable of accommodating a limited variety of cargo units, such as vehicles, trailers, etc.
11.  Non-Standardized Cargo — refers to cargo which requires individual stowage and securing arrangements.

1.  Companies whose ships are 500T and above and carrying cargo units shall submit a Cargo Securing Manual (CSM) consistent with these rules and regulations, the Code, Trim and Stability Calculation of the ship to the Administration for approval.
2.  Companies whose ships/boats are below 500 GT and carrying cargo units shall prepare and submit a CSM appropriate to the characteristics of their ship and its intended/approved type of service, taking into consideration the ship's dimensions, hydrostatic properties, and the weather and sea conditions expected in the ship's approved trading areas/including the cargo composition, to the Administration for approval.
3.  Companies and /or owners/operators of motor boats (with or without outrigger) and carrying cargo units shall prepare and submit a CSM reasonable and appropriate to the characteristics of their ship/motor boats and their intended/approved type of service.
4.  Ships/motor boats covered by those Circular shall be equipped with the required cargo securing facilities/devices that meet acceptable functional and strength criteria applicable to the ships/motor boats particulars and their cargo.
5.  Companies/owners/operators shall ensure that officers and crew responsible in the stowage and securing of cargoes on board their ships are aware of their duties and responsibilities.
6.  The Master/Boat Captain shall be responsible for the safe conduct of the voyage and the safety of the ship/motor boat, its crew and cargo and the protection of the environment.  The company shall likewise be responsible to extend the necessary support to the Master/Boat Captain in discharging this responsibility.


V. SPECIFIC PROVISIONS:

1.  All domestic ships/motor boats covered under this Circular shall have on board a Cargo Securing Manual (CSM) duly approved by the Administration.
2.  Cargo, cargo units and cargo transport units, shall be loaded, stowed and secured prior to ship's departure and throughout the voyage in accordance with CSM approved by  the Administration.
3.  The CSM shall be regularly updated to assist the ships's/motor boats, Master/Boat Captain and crew regarding the proper use of the equipment available to adequately stow and secure the ship's/motor boats cargo.
4.  Ships/motor boats which comply with all the provisions of the Code and this Circular snail be issued CSM Compliance Certificates by the Administration.
5.  CSM Compliance Certificate shall be valid for a period not exceeding five (5) years rom tne date of issue. It shall be endorsed annually by the Administration, and ceases to be valid if no endorsement has been made.
6.  The Designated Chief Mate or his equivalent shall be required to undergo training on cargo securing and IMDG and shall be required to submit his certificate of training upon renewal of Domestic Certificate of Competency (D-COC).


VI. RESPONSIBILITIES OF ADMINISTRATION, COMPANY AND MASTER

1.  The Administration will monitor the CSM compliance as   part of the routine SSIS inspections and the required International Safety Management (ISM)/ National Safety Management (NSM) Code audits aboard (conventional) ships covered by this Circular.
2.  Personnel commissioned in the planning and supervising of cargo stowage and securing should be properly qualified and experienced with a sound practical knowledge of the application and content of the CSM which is primarily the task of the Chief Officer/Boat Captain of the ship/motor boats.
3.  Owners/Operators of motor boats shall secure a Special Permit for loading flammable, pesticide and toxicated cargoes. Loading of such cargoes is prohibited in cargo-passenger designed motor boats.
4.  The Master/Boat Captain shall be responsible for the familiarization of the crew and other persons employed for the securing of cargoes in the correct application and use of cargo securing devices on board the ship.
5.  Companies and Owners/Operators shall provide their ships personnel with adequate Personal Protective Equipment (PPE).
6.  The Master shall ensure that proper precautions are observed, when entering enclosed spaces where the atmosphere may be oxygen-depleted, toxic or flammable in accordance with Resolution A.864(20) which is hereby incorporated in this Circular by reference.
7.  The Master and crew should regularly inspect the cargo spaces to ensure that the cargo, cargo units and vehicles remain safely secured throughout the voyage.


VII. CSM PREPARATION GUIDELINES

1.  CSMs for conventional ships shall comply with the provisions of Maritime Safety Committee/Circular 745, "Guidelines for the Preparation of the Cargo Securing Manual which is hereby incorporated in this Circular by reference
2.  In addition, the CSM shall be specific for a single ship/motor boat or for sister-ships/boats; with identical cargo stowage arrangements, and shall describe the types of cargo for which the manual is applicable using the general cargo categories of standardized, semi-standardized, and non-standardized as defined in this Circular.
3.  Specifically, identify applicable securing standards to which the ships/motor boats were designed.

3.1  The CSM for new construction ship shall comply with:

3.1.1  Applicable classification society standards.
3.1.2  Alevelof safety equivalent to applicable classification society standards as formally approved by the ship's classification society after careful review of securing system particulars.

3.2  The CSM for existing ships shall comply with applicable international or shipowner s cargo securing equipment design standards in place at the time of ship construction. When necessary, the ship's owner shall provide complete copies of these applicable standards to the Administration in order to facilitate the review of the CSM.

4.  CSM for non-standard cargo shall comply with the provisions of the guidelines for the preparation of cargo Securing Manual (CSM).
5.  With respect to CSM for new construction motor  boat, preparation of CSM shall comply with the guidelines provided in this Memorandum Circular.
6.  The CSM shall take into consideration the Guidelines on the Safe Stowage and Securing of cargo Units an other Entities in Ships other than Cellular Container Ships, Res. A.489(XII). Guidelines for Securing Arrangements for the Transport of Road Vehicles on RO-RO Ships, Res.A.581(14); Elements to be Taken into Account when Considering the Safe Stowage and Securing of Cargo Units and Vehicles in Ships, Res. 533(13) all of which are incorporated in this Circular by reference.


VIII. CSM VALIDITY AND APPROVAL

Once approved, the CSM for a particular ship/motor boat shall remain valid unless there are major changes and alterations that have been made on the general structure and intended use of the ship. In this case, an amended CSM reflecting such changes/ alterations shall have to be submitted for review, evaluation and approval of the Administration.


IX. SCHEDULE OF FEES AND CHARGES

For the purpose of implementing this Circular, the following schedule of fees shall apply:

 

1. Review and Evaluation of CSM
	> ships 250T GT and above	P 3,000.00
	> ships 150 GT to below 250 GT	2,250.00
	> ships 50 GT to below 150 GT	1,500.00
	> ships 15 GT to below 50 GT	900.00
	> ships less than 15 GT	300.00
2. Issuance of CSM Compliance Certificate		310.00
3. Annual endorsement of CSM Compliance Certificate		250.00

X. SANCTION AND PENALTIES

1.  Non-possession of the required CSM after the effectivity of this Circular should provide the basis for the suspension and withdrawal of Ship Safety Certificate(s).
2.  In addition to the foregoing sanction, the following fines shall be imposed after due notice and hearing:

a. Operation /Navigation without Administration approved CSM: 

	Ships 150 GT and above
First Offense		Fifty Thousand Pesos (P50.000.00) and warning
Second		One Hundred Thousand Pesos (P100,000.00) and Offense 30 days suspension of ship operation and SIRB and QDC of the Master, as applicable.
Third and Subsequent Offenses		One Hundred Fifty Thousand Pesos (P150.000.00) and cancellation of CPC and Master's SIRB and QDC, as applicable
	Ships 50 GT to below 150 GT
First Offense		Twenty-Five Thousand Pesos (P25,000.00) and warning
Second Offense		Fifty Thousand Pesos (50,000.00) and 30 days suspension of ship operation and SIRB and QDC of the Master, as applicable
Third and Subsequent Offenses		One Hundred Thousand Pesos (P100,000.00) and cancellation of CPC and Master's SIRB and QDC, as applicable
	Ship/Motor boat 35 GT to below 50 GT
First Offense		Twelve Thousand Five Hundred Pesos (P12,500.00) and warning
Second Offense		Twenty Five Thousand Pesos (P25,000.00) and 30 days suspension of ship operation and SIRB and QDC of the Master, as applicable
Third and Subsequent Offenses		Fifty Thousand Pesos (P50,000.00) and cancellation of CPC and Master's SIRB and QDC, as applicable
	Ship/Motor boats below 35 GT
First Offense		Five Thousand Pesos (P5,000.00) and warning
Second Offense		Ten Thousand Pesos (P10,000.00) and 30 days suspension of ship operation and SIRB and Major Patron/Boat Captain of the Master, as applicable
Third and Subsequent Offenses		Fifteen Thousand Pesos (15,000.00) and cancellation cancellation of CPC and Master's Major Patron/Boat Captain License, as applicable

b. Non-compliance with the approved CSM and Operation/navigation with expired CSM Compliance Certificate: 

 

	Ships 150 GT and above
First Offense		Twenty-Five Thousand Pesos (P25.000.00) and Warning
Second Offense		Fifty Thousand Pesos (P50,000.00) and 30 days suspension of ship operation and SIRB and QDG of the Master, as possible
Third and Subsequent Offenses		Seventy Five Thousand Pesos (P75.000.00) and cancellation of CPC and Master's SIRB and QDC, as applicable
	Ships 50 GT to Below 150 GT
First Offense		Twelve Thousand Five Hundred Pesos (P12,500.00) and warning
Second Offense		Twenty Five Thousand Pesos (P25.000.00) and 30 days suspension of ship operation and SIRB and QDC of the Master, as applicable
Third and Subsequent Offenses		Fifty Thousand Pesos (P50,000.00) and cancellation of CPC and Master's SIRB and QDC, as applicable
	Ships/Motor boat 35T below 50 GT
First Offense		Six Thousand Pesos (P6,000.00) and warning
Second Offense		Twelve Thousand Pesos (P12,000.00) ad 30 days suspension of ship operation and SIRB and QDC of the Master, as applicable
Third and Subsequent Offenses		Twenty Five Thousand Pesos (P25,000.00) and cancellation of CPC an Master's SIRB and QDC, as applicable
	Ships/Motor boat below 35 GT
First Offense		Three Thousand Pesos (P3.000.00) and warning
Second Offense		Six Thousand Pesos (P6,000.00) and 30 days suspension of ship operation and SIRB and Major Patron/Boat Captain of the master, as applicable
Third and Subsequent Offenses		Twelve Thousand Five Hundred Pesos (P12,500.00) and cancellation of CPC ad Master' Major Patron/ Boat Captain License, as applicable

XI. REPEALING CLAUSE

MARINA Circular No. 2008-03, series of 2008 and all other issuances/ provisions of other issuances that are inconsistent herewith are hereby amended or repealed accordingly.


XII. SEPARABILTY CLAUSE

Should any provision of this Circular be declared by competent Authority to be invalid or unconstitutional, the remaining provisions or parts hereof shall remain in full force and effect and shall continue to be valid and effective.


XIII. TRANSITORY PROVISION

All ships covered under this Circular are required to comply with the Cargo Securing Manual (CSM) within one-hundred eighty (180) days reckoned from the date of its effectivity.


XIV. EFFECTIVITY CLAUSE

This MARINA Circular shall take effect thirty (30) days after its publication once in a newspaper of General Circulation.


Adopted: 25 January 2011


BY AUTHORITY OF THE BOARD:

(SGD). EMERSON M. LORENZO
Administration