QuestionsQuestions (MIA MEMORANDUM CIRCULAR NO. 159, S. 2000)
It was adopted pursuant to Presidential Decree (PD) No. 474 and Executive Order (EO) Nos. 125 and 125-A.
To foster a safety culture in domestic shipping by institutionalizing implementation and maintenance of a Safety Management System (SMS) to ensure personnel competence, safe ship operations, protection of the marine environment, risk safeguards, emergency preparedness, continuous improvement, and compliance with safety/environment rules and standards.
Covered are: (1) all passenger-carrying ships not required to be classed; (2) tankers not required to be classed; (3) bulk carriers not required to be classed; (4) other cargo ships not required to be classed; and (5) tugboats when pulling/pushing non-propelled tanker barges carrying oil products.
Exempted include: fishing boats; non-propelled barges; sailing ships; pleasure crafts not engaged in commercial trading; government-owned ships not engaged in commercial trade; naval warships. Additionally, certain ships are exempt under MC 143 such as Passenger High Speed Crafts, classed passenger ships, oil/chemical/gas tankers 500 gt and above, and bulk carriers 500 gt and above required to be classed.
The company refers to the owner of the ship or any other organization/person (e.g., manager or bareboat charterer) that has assumed responsibility for the ship’s operation and agreed to take over duties and responsibilities imposed by the Code.
DOC (Document of Compliance) is the document issued to a Company that complies with the Code requirements. SMC (Safety Management Certificate) is the document issued to a ship signifying that the Company and its shipboard management operate in accordance with the approved SMS.
They must develop and implement a Safety Management System (SMS) consistent with the NSM Code and the Guidelines for its implementation, and must submit SMS manuals and secure the corresponding DOC/SMC according to the prescribed schedule.
SMS Manual submission: July 1, 2001. Compliance date (DOC/SMC): December 31, 2001.
SMS Manual submission: July 1, 2001. Compliance date (DOC/SMC): July 1, 2002.
The ship may resume operations only after the necessary steps are taken to comply with the certification requirements, as provided in the Guidelines to the Code.
Yes. They may opt to secure ISM Certification in accordance with the provisions of Memorandum Circular No. 143.
Non-possession of the required DOC/SMC after the date of compliance should be a basis for detaining the ship at port by way of denial of clearance to sale.
A fine of PHP 50,000.00.
A fine of PHP 33,750.00.
PHP 7,500.00.
PHP 1,000.00.
It takes effect fifteen (15) days after its publication once in a newspaper of general circulation.