QuestionsQuestions (MIA MARINA CIRCULAR NO. 2008-03, S. 2008)
The Circular is issued pursuant to Presidential Decree No. 474, Executive Orders Nos. 125/125-A as amended, Republic Act No. 9295 and its Implementing Rules and Regulations, and Flag State Administration Advisory (FSAA) No. 23 dated 15 February 2002.
To foster safe operation of covered Philippine-registered ships, provide rules for implementing the CSS Code in domestic trade, and institutionalize the Cargo Securing Manual (CSM) as a mandatory safety requirement.
All domestic ships carrying cargo units other than solid and liquid bulk cargoes and timber stowed on deck, except open-deck wooden hulled ships with outrigger and below 35 GT.
It refers to the guidelines on the safe stowage and securing of cargoes on board.
The Company is the owner of the ship or any organization of persons such as the manager or bareboat charterer who has assumed responsibility for the operation of the ship and has agreed to take over the duties and responsibilities imposed by the Code.
It is valid for a period not exceeding five (5) years from issuance; it must be endorsed annually by the Administration, and it ceases if no endorsement has been made.
Companies must prepare and submit a CSM consistent with the Circular and the CSS Code for MARINA approval, ensure the ship has required cargo securing facilities meeting functional/strength criteria, and ensure officers/crew responsible for stowage understand the magnitude/direction of forces and proper use/limitations of cargo securing devices.
The Master is responsible for the safe conduct of the voyage and safety of the ship, crew, and cargo, and protection of the environment; the company must support the Master in discharging these responsibilities.
Ships must have on board a CSM duly approved by MARINA. Cargo/cargo units/cargo transport units must be loaded, stowed, and secured throughout the voyage according to the approved CSM.
The Master must be responsible for training the crew and other persons employed for securing of cargoes in the correct application and use of cargo securing devices.
CSMs must comply with Maritime Safety Committee/Circular 745, “Guidelines for the Preparation of the Cargo Securing Manual,” which is incorporated by reference into the Circular.
Standardized, Semi-standardized, and Non-standardized cargo. The CSM must describe the types of cargo for which it is applicable using these categories.
Once approved, the CSM remains valid unless major changes/alterations are made to the ship’s general structure and intended use; then an amended CSM reflecting those changes must be submitted for review/evaluation/approval.
Non-possession of the required CSM after effectivity should be the basis for suspension and withdrawal of Ship Safety Certificates.
First offense: P25,000 and warning. Second offense: P50,000 and suspension of SIRB and QDC (as applicable). Third and subsequent: P100,000 and cancellation of SIRB and QDC (as applicable).
First offense: P25,000 and warning. Second offense: P50,000 and suspension of SIRB and QDC (as applicable). Third and subsequent: P100,000 and cancellation of SIRB (and QDC as applicable per the text).
First offense: P25,000 and warning. Second offense: P50,000 and suspension of SIRB and QDC (as applicable). Third and subsequent: P100,000 and cancellation of SIRB and QDC (as applicable).
Thirty (30) days after publication once in a newspaper of general circulation.