Title
Philippine Port State Control Regulations
Law
Ptbp Memorandum Circular No. 08-96
Decision Date
Nov 18, 1996
The Philippine Coast Guard establishes uniform standards and procedures for inspecting foreign-flagged vessels at its ports to ensure compliance with international safety, pollution prevention, and labor regulations.

Questions (PTBP MEMORANDUM CIRCULAR NO. 08-96)

It cites (1) RA 5173 (Coast Guard Law) and (2) PD 600 and PD 602 as amended by PD 979.

It applies to all foreign-flagged vessels engaged in international trade calling at any port of the Republic of the Philippines.

Excluded are: naval and Coast Guard vessels; wooden ships of primitive build; ships not propelled by mechanical means; and other ships below convention size with respect to instruments relevant to Port State Control.

To establish uniform implementation of international and national standards (including safety, pollution prevention, and minimum training/social conditions) and to prescribe procedures for PCG-authorized Port State Control inspections.

Evidence that the ship/equipment/crew does not substantially correspond to convention requirements, or that the master/crew are not familiar with essential procedures for safety or pollution prevention.

Intervention by the port State to prevent a ship from sailing until it can proceed without presenting danger to ship/persons on board or without an unreasonable threat of harm to the marine environment.

Each PSCO in an international port shall coordinate with the local port authority for the availability of a copy of the shipping schedule.

Ascertain the year of build and size of the ship to be boarded, and before boarding check the mooring ropes, gangway arrangements, general hull condition, and whether the load line is properly marked on the ship’s sides.

It must notify the master (or, in his absence, the senior deck officer) of the purpose of the visit, and then seek information on the date and results of the last Port State Control inspection.

No further action should be taken; the PSC Team should depart without delay.

No further action should be taken, as warranted, and the PSC Team should depart without delay.

Verify all required certificates/documents and conduct a cursory inspection, as warranted; if satisfactory, complete the appropriate forms and depart without delay.

When the ship does not carry valid certificates, or when there are clear grounds to believe the ship/equipment does not substantially correspond with the certificates or the master/crew are not familiar with essential procedures.

The PSCO may allow the ship to proceed to the next port of call, but must inform that next port State using the prescribed form in Annex 2.

Whether the ship has valid documentation and the crew required in the minimum Safe Manning Document, and whether the ship/crew can safely navigate, handle cargo, operate the engine room, maintain propulsion/steering, fight fires, abandon ship/rescue, prevent pollution, maintain stability, maintain watertight integrity, communicate in distress, and provide safe/healthy conditions—taking into account the combination and seriousness of deficiencies.

The PSCO shall coordinate with the Philippine Ports Authority (PPA) to hold the departure until the detained vessel is duly cleared by the PSC Officer.

A special dangerous/hazardous cargo manifest and a detailed stowage plan identifying classes and locations. Their absence is a sufficient reason to hold the vessel until both are submitted accordingly.

The master must accomplish the Certificate of Orderly Inspection (Form D, Annex 3), followed by proper and courteous departure of the PSC Team.

Re-inspection is conducted upon written request to verify rectification of deficiencies; no fines are collected, but a re-inspection fee applies: P5,000 for the first hour and P1,000 for every succeeding hour or fraction thereof, with receipts issued and remittance under PCG Trust Receipt Account procedures.

One month after publication in the Official Gazette or in a newspaper of general circulation.


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