Question & AnswerQ&A (PHTBP MEMORANDUM CIRCULAR NO. 03-2001)
The purpose is to provide implementing rules to prevent pollution by garbage from ships within the territorial and archipelagic waters of the Philippines.
It applies to all Philippine registered vessels engaged in international or domestic trade and to all small crafts within the Philippine territorial and archipelagic waters.
Waste is unnecessary or superfluous matters to be discharged, and is used synonymously with the term garbage.
Plastic is solid material containing one or more synthetic organic high polymers, formed or shaped by heat or pressure, used for marine purposes including packaging, ship construction, disposable utensils, bags, sheeting, and fishing nets.
Types include Food Waste, Domestic Waste, Cargo-Associated Waste, Maintenance Waste, Operational Waste, Dishwater, Cargo Residues, and Fishing Gear.
It is unlawful to dispose of any plastic material and any domestic, cargo-associated, maintenance, and/or operational waste into any body of water within the Philippines.
Disposal is allowed if done at the nearest land per Annex 1, in emergencies to avoid grave danger, or by a Special Permit issued by the Philippine Coast Guard, except in Special Areas where no discharge is allowed.
A Special Permit is a document issued by the Philippine Coast Guard granting permission to dump waste/garbage within Philippine waters under specified conditions.
Ship operators must minimize garbage generation, replace disposable plastics with reusable materials, dispose garbage at port reception facilities, use grinders before disposal, and develop a Garbage Management Plan for vessels 400 GT and above.
They must develop and submit a Garbage Management Plan for approval, have a Garbage Record Book, and implement procedures for collecting, storing, and processing garbage.
They shall be liable to pay an administrative fine of Ten Thousand Pesos (P10,000.00) without prejudice to civil and/or criminal actions.
Shipyards must provide reception facilities for garbage from ships under repair, and port authorities must provide appropriate reception facilities for vessels calling at their ports.
A fee of P500.00 for review and approval of Garbage Management Plans and P300.00 for registration of the Garbage Record Book.