Title
Accreditation of Philippine Ship Classification Orgs
Law
Marina Circular No. 2009-24
Decision Date
Dec 29, 2009
MARINA Circular No. 2009-24 establishes guidelines for the accreditation and authorization of ship classification organizations in the domestic trade, ensuring compliance with international standards and the institutionalization of a Philippine Government Classification System for local and international entities.
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Coverage

  • Applies to all shipping companies, shipowners/operators.
  • Includes all local classification organizations duly organized and authorized under Philippine law.
  • Encompasses recognized IACS members and other reputable international classification organizations engaged in domestic trade ship classification.

Definitions

  • Administration: Refers to the Maritime Industry Authority (MARINA).
  • Classification Organization: A non-stock, non-profit entity applying technical standards to marine facilities and ships.
  • Ship Classification: Process ensuring design, construction, and maintenance conform to the classification society's rules.
  • Accreditation: Qualification process for organizations to conduct classification activities.
  • Authorization: Qualification process specifically for IACS members and reputable international organizations.
  • Local Classification Organization: A local, non-stock, non-profit entity accredited to class ships above 35 GT in domestic trade.
  • Philippine Government Class (PG Class) System: A government-operated classification system for non-convention wooden hulled ships and small ships of 35 GT or less.

Accreditation and Authorization Policy

  • Only one local classification organization accredited by MARINA.
  • MARINA may authorize IACS members and other reputable international classification organizations.
  • Accreditation is a prerequisite for permits, authorities, and incentives related to classification.
  • No entity without MARINA's accreditation or authorization certificate shall classify domestic fleet ships.
  • Only surveyors of accredited organizations may classify domestic ships.
  • Ships classed by IACS may not switch to local classification except for economic reasons.

Minimum Standards for Accredited Organizations

  • Must define and document quality policies and commitments.
  • Governed by ethical principles codified in a Code of Ethics ensuring confidentiality and performance responsibility.
  • Permit participation by MARINA technical representatives in rule development.
  • Maintain a website with ship records accessible electronically by MARINA.
  • Establish procedures to obtain ship records from other classification societies.
  • Submit annual list of surveyed ships to MARINA.
  • Maintain records of representatives and make available to MARINA.
  • Publish and maintain classification rules in English.
  • Possess a capable managerial, technical, and support staff (minimum 20 technical, 10 support).
  • Demonstrate technical, administrative, and managerial competence.
  • Subject to regular audits by MARINA.

Qualification Requirements

  • Must be non-stock, non-profit entities.
  • Officers/employees must have no commercial interest in the shipping industry.
  • Provide classification, technical advisory, logistical/personnel services.
  • Operate offices with at least two surveyors in designated key locations nationwide.
  • Quality system certification required within one year of accreditation (ISO 9000 or equivalent).
  • Employ qualified personnel including naval architects, marine engineers, chief engineers, master mariners, mechanical, and electrical engineers with requisite experience.

Documentary Requirements

  • SEC registration certificate or proof of registration for international organizations.
  • Articles of Incorporation and By-Laws.
  • List of personnel with qualifications and CVs.
  • Code of Ethics.
  • Classification Rule Books both for convention and non-convention ships.
  • Fee schedules.
  • Documented internal quality system meeting recognized standards ensuring systematic rule maintenance, supervisory systems, surveyor qualifications, record keeping, and audit systems.

Procedure for Accreditation

  • Written application with complete documentary requirements.
  • MARINA committee evaluates documents and verifies implementation.
  • Certificate of Accreditation issued only after full compliance.

Responsibilities of Accredited Organizations

  • Report within 24 hours to MARINA of any ship operating with unfit conditions or accidents.
  • Report suspension or withdrawal of classification within 24 hours.
  • Furnish MARINA with classification rules, amendments, and related documents for regulatory interpretation.

Validity of Certificates

  • Certificates valid for 10 years.
  • Certificates are non-transferable.

Fees and Charges

  • Accreditation Fee: Php 250,000 for local organizations.
  • Annual Audit Fee: Php 25,000 per office.
  • Authorization Fee: US$5,000 or equivalent for international organizations.
  • Fees exclude required documentary stamps.

Submission of Reports

  • Submit updated surveyor listings within 15 days of any change.
  • Notify replacement of authorized officers before replacement dates.
  • Submit annual report within the first quarter of the following year.

Supervision and Audit

  • MARINA conducts annual management, financial, and performance audits of accredited and authorized organizations.
  • Audits conducted pursuant to international standards and relevant laws for local class organizations.

Administrative Sanctions

  • Show Cause Orders issued for failure to maintain quality, accreditation conditions, violation of rules or circular.
  • Penalties per offense:
    • First Offense: Php 250,000 fine.
    • Second Offense: Php 500,000 fine plus suspension (60-90 days).
    • Third Offense: Php 750,000 fine plus cancellation of accreditation.

Philippine Government Classification System

  • MARINA establishes PG Class for classifying non-convention wooden hulled ships and ships 35 GT and below.
  • PG Class personnel are MARINA technical staff, trained and qualified.
  • Authorized to perform classification for domestic ships as required.
  • Can act as local class if local classification certification is suspended or withdrawn.
  • Classification activities follow MARINA-developed procedures and guidelines.

Repealing Clause

  • MARINA Circular No. 165 is repealed.
  • Provisions inconsistent with this Circular are amended accordingly.

Separability Clause

  • Invalid or unconstitutional provisions do not affect remaining parts, which remain valid and effective.

Transitory Provisions

  • Existing accreditation expires on March 31, 2010.
  • Interim Class Certificates valid until March 31, 2010 only.
  • Full Term Class Certificates issuance by current accredited entities ceases 15 days after circular publication.
  • IACS members engaged in domestic classification must apply and acquire authorization by March 31, 2010.

Effectivity Clause

  • Circular takes effect immediately upon publication in a newspaper of general circulation.

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