Legal basis and clarified rule
- PPA Administrative Order No. 01-2005 clarifies the computation of cargo handling rates for dangerous cargoes under PPA Administrative Order No. 02-89 entitled “Cargo Handling Rate for Dangerous/Obnoxious Cargoes.”
- The clarified rule applies when a dangerous cargo bears multiple hazards/risks (a principal risk plus subsidiary risk/s).
- The rule for computation is that the cargo is charged on the basis of its principal risk.
- Compliance is required for all concerned parties involved in handling and rate computation for such cargoes.
Core charging principle: principal risk only
- Section 1 provides that when the container or package bears multiple dangerous cargo labels, only the principal risk is considered in computing the premium.
- Section 1 requires charging based on the principal risk even where subsidiary risks are shown through additional labels/placards.
- Section 1 applies when multiple labels/placards indicate multiple hazards/classifications on the same container or package.
- Section 1 establishes that premium computation must follow the principal-risk label/placard as the governing classification for rate charging.
Label/placard structure and identification
- Section 1.1 states that, under international standards, a dangerous cargo label or placard is diamond shaped with a symbol of the property on top and the United Nation (UN) code number at the bottom.
- Section 1.1 requires that the label/placard be placed on all sides of the container van or package.
- Section 1.1 distinguishes principal risk from subsidiary risks through labels/placards.
- Section 1.1 provides that the principal risk label/placard includes both the property symbol and the UN number, while subsidiary risks labels/placards have symbols but without UN code numbers.
Illustrative classification example
- Section 1.2 gives BROMINE CHLORIDE as an example classified under the IMDG Code as Class 2.3.
- Section 1.2 identifies the principal risk for BROMINE CHLORIDE as POISONOUS GAS (Class 2.3).
- Section 1.2 states subsidiary risks for BROMINE CHLORIDE include CORROSIVE (Class 8) and OXIDIZING SUBSTANCE (Class 5.1).
- Section 1.2 requires labeling/placarding so that:
- One label/placard bears the symbol of POISONOUS GAS on top and the number 2.3 at the bottom (principal risk); and
- Two other labels/placards bear the respective symbols for CORROSIVE and OXIDIZING SUBSTANCE with no numbers at the bottom (subsidiary risks).
Priority rule when declarations conflict
- Section 2 provides that if there is inconsistency between the shipping manifest declaration and the labels/placards pasted on the container/package, the labels/placards shall be considered.
- Section 2 thereby establishes that physical labeling/placarding controls classification for purposes of applying the principal-risk charging computation.
Treatment of cargo declared as regular cargo
- Section 3 provides that if cargo is declared or classified as regular cargo at the port of origin and/or in its shipping manifest, it is still chargeable with a premium under PPA AO No. 02-89 when conditions are met.
- Section 3 requires premium under PPA AO No. 02-89 when the cargo is in the PPA list of dangerous cargoes.
- Section 3 further requires premium under PPA AO No. 02-89 when the cargo’s container or packaging physically contains a dangerous cargo label or multiple labels.
Reporting classification problems to Port Manager
- Section 4 provides that any problem arising in the classification of dangerous cargoes with multiple hazards must be brought to the Port Manager of the PMO concerned.
- Section 4 requires that the reporting be done through the Safety Staff.
- Section 4 directs handling of classification issues through the relevant local port management structure.
Adoption and compliance obligation
- PPA Administrative Order No. 01-2005 requires guidance of and compliance by all concerned.
- The order formalizes compliance rules focused on applying principal-risk basis for premium computation when multiple dangerous cargo labels/placards are present.
- The order’s operative instructions apply to dangerous cargo handling rate computation under PPA AO No. 02-89 for dangerous/obnoxious cargoes.