Legal basis, related regimes, and references
- R.A. 5173 empowers the PCG to promulgate and administer regulations to promote SOLAS.
- The circular implements and aligns with Chapter XIV of PMMRR on Carriage of Dangerous Goods.
- The circular aligns with Chapter VII of SOLAS 1974 Convention, as amended, on Carriage of Dangerous Goods.
- The circular applies IMDG Code (International Maritime Dangerous Goods Code), as amended for packaging, identification, and handling standards.
- The circular aligns with Annex III to MARPOL 73/78 in the dangerous-goods regulatory context.
Policy and purpose
- The circular prescribes policies and procedures for the safe handling, carriage and transfer of dangerous goods.
- The circular’s purpose is to promote safety of life and property at sea.
Coverage, scope, and key exclusions
- The circular applies to all types of vessels subject to the stated exceptions.
- The circular excludes vessels of Groups IV, VI, VII as referenced to PMMRR.
- The circular excludes all wooden vessels carrying passengers that are prohibited from carrying dangerous goods.
- The circular excludes vessels specifically classified/designed to carry in bulk a particular class/type of dangerous cargo.
- The circular regulates vessels that carry or transfer dangerous cargoes while in navigable waters of the Philippines.
Core definitions and dangerous-goods classification
- The circular defines “Ammunition” to include projectiles, cartridges, grenades, bombs, mines, torpedo warheads, propellant powder chargers, pyrotechnics, rockets, missiles, chemical smoke or incendiary ammunition, and other fabricated explosive devices.
- The circular defines “Carriage” to mean transportation of dangerous cargoes, including handling and stowage.
- The circular defines “Chemical Ammunition” to include explosives or chemical projectiles, bombs, grenades, mines loaded with toxic, tear or other gas, smoke or incendiary agent, including cloud-gas cylinders, smoke generators, and similar apparatus.
- The circular defines “Corrosive” to include dangerous articles that cause severe tissue damage by chemical action, or materially damage or destroy other freight by chemical action in case of leakage, or are liable to cause fire when in contact with organic matter or certain chemicals.
- The circular defines “Dangerous Cargo” as goods or merchandise in solid, gaseous, or liquid form exhibiting dangerous properties and taken on board a vessel.
- The circular defines “Explosives” as any chemical compound mixture or device whose primary or common purpose is to function by explosion with substantial instantaneous release of gas and heat.
- The circular defines “Gas/Gases” as a state of matter where molecules move freely in any direction, expand to fill a container, and tend to expand indefinitely when not confined.
- The circular defines “Inflammable/Flammable” as capable of being set on fire and easily kindled combustible.
- The circular defines “Label” as the prescribed caution label required on containers of dangerous cargoes.
- The circular defines “Oxidizing” as converting into an oxide or changing a compound to make the valence of the positive element higher.
- The circular defines “Poisonous” as having qualities or effects of poison.
- The circular defines “Radioactive material” as any material whose specific gravity is greater than 0.002 microcurie per gram.
- The circular classifies dangerous goods into Class 1 through Class 9 with these meanings:
- Class 1 – Explosives
- Class 2 – Gases (compressed, liquefied, or dissolved under pressure)
- Class 3 – Flammable liquids
- Class 4.1 – Flammable solids, 4.2 – Substances liable to spontaneous combustion, 4.3 – Substances which, when in contact with water, emit flammable gases
- Class 5.1 – Oxidizing substances, 5.2 – Organic peroxides
- Class 6.1 – Poisonous (toxic) substances, 6.2 – Infectious substances
- Class 7 – Radioactive materials
- Class 8 – Corrosives
- Class 9 – Miscellaneous dangerous substances applying when experience shows or may show dangerous character requiring these provisions.
Packaging, identification, stowage, and manifest
- Dangerous goods packaging must be well made and in good condition.
- Dangerous goods packaging must be of a character so that any interior surface that may contact the contents is not dangerously affected by the substance.
- Dangerous goods packaging must be capable of withstanding ordinary risks of handling and carriage by sea.
- Where absorbent or cushioning material is customary for liquids in receptacles, that material must:
- minimize the dangers arising from the liquid,
- be disposed to prevent movement and ensure the receptacle remains surrounded, and
- where reasonably possible, be sufficient to absorb the liquid upon receptacle breakage.
- Receptacles containing dangerous liquids must have an ullage at the filling temperature sufficient to allow for the highest temperature during normal voyage.
- Cylinders or receptacles for gases under pressure must be adequately constructed, tested, maintained and correctly filled.
- Empty uncleaned receptacles for gases under pressure must be adequately constructed, tested, maintained and correctly filled.
- Dangerous goods not loaded in bulk must not be carried on any ship unless packed to withstand sea handling and transport risks in a manner that conforms to the IMDG Code.
- Packages containing dangerous goods must be durably marked with the correct technical name; trade names alone are prohibited.
- Packages containing dangerous goods must be provided with distinctive labels or stencils as appropriate to make clear dangerous properties.
- Marking/labeling/placarding must remain identifiable after at least three (3) months immersion in the sea.
- Packages containing dangerous goods must be so marked and labeled except:
- packages with low hazard degree or packed in limited quantities, or
- under special circumstances permitting stowage and handling in units identified by labels or placards; those units may be exempted from labeling requirements.
- Dangerous goods must be stowed safely and appropriately according to nature of the goods.
- Incompatible goods must be segregated from one another.
- Explosives (except ammunition) presenting serious risk must be stowed in a magazine that is kept securely closed while at sea.
- Such explosives must be segregated from detonators.
- Electrical apparatus and cables in any compartment where explosives are carried must be designed and used to minimize risk of fire or explosion.
- Dangerous goods in packaged form that give off dangerous vapors must be stowed in a mechanically ventilated space or on deck.
- Dangerous goods in solid form in bulk that give off dangerous vapors must be stowed in a well ventilated space.
- Ships carrying flammable liquids or gases must take special precautions against fire or explosion where necessary.
- Substances liable to spontaneous heating or combustion must not be carried unless adequate precautions minimize likelihood of fire outbreak.
- Any vessel carrying or transferring dangerous cargoes in navigable waters of the Philippines must have on board a Dangerous Cargo Manifest with Stowage Plan.
- The Dangerous Cargo Manifest with Stowage Plan must show:
- Name of vessel and official number
- Nationality/Flag of vessel
- True shipping name of dangerous cargoes (noun descriptions only)
- List of receptacles marked with the correct technical name (trade names prohibited) and identified with a distinctive label or stencil
- Tonnage in bulk shipment or the number and description of outside containers and their gross weight
- Classification of dangerous cargoes
- Stowage provided on board
- Loading point and destination
- Permit from the Firearms and Explosives Office, Philippine National Police as appropriate (for domestic transport)
- Environmental Compliance Certificate issued by the Environmental Management Bureau, DENR as appropriate (for domestic transport)
- Signature of the master or authorized officer
- The manifest information must be the correct information actually furnished to the vessel by the shipper/cargo owner.
- The Dangerous Cargo Manifest with Stowage Plan must be produced upon demand of the Commandant, Philippine Coast Guard or authorized representative.
- Owners, charterers, or agents must retain a copy for one year.
Prohibited cargoes and explosives hazard divisions
- The circular prohibits acceptance by any vessel of dangerous articles including fulminates or other detonating compounds in bulk in dry condition.
- The circular prohibits acceptance of explosive compositions that ignite spontaneously or undergo marked decomposition when subjected for 48 consecutive hours to 167 degrees Fahrenheit.
- The circular prohibits acceptance of compositions containing an ammonium salt and a chocolate, or other like explosive.
- Explosives hazard divisions apply under IMDG Code concepts, with Class 1.1–1.5 per IMDG Code Classification, and include divisions such as:
- Division A: mass explosive hazard
- Division B: projection hazard but not mass explosion hazard
- Division C: fire hazard and minor blast/projection hazards but not mass explosion hazard
- Division D: no significant hazard, confined mostly to the package with no appreciable projection range
- Division E: very insensitive substances with mass explosion hazard
- Stowage requirements for Division A and Division E are identical where conditions cause similar hazards for transition from burning to detonation under large-quantity transport.
Explosives on passenger ships
- Explosives in division D compatibility group S may be carried in passenger ships in any amount.
- Passenger ships may carry no other explosives except those allowed within enumerated limits.
- The total net explosives mass limits in passenger ships include:
- 50 kg per ship for explosives articles for life-saving purposes (with that total net explosives mass limit)
- 10 kg per ship for explosive in compatibility groups C, D and E
- 10 kg per ship for explosive articles in compatibility group G other than those requiring special stowage
- 5 kg per ship for explosives articles in compatibility group B
- Additional quantities or types of explosives may be carried in passenger ships only when special safety measures approved by the Administration are taken.
Incident reporting and loading authority
- When an incident occurs involving loss or likely loss overboard of packaged dangerous goods into Philippine jurisdictional waters, the master or person in charge must report particulars without delay and to the fullest extent possible to the nearest Coast Guard Station and/or Detachment.
- When the ship is abandoned, or when reports are incomplete or unobtainable, the owner, charterer, manager or operator (or their agents) must assume the obligations placed upon the master.
- Dangerous cargoes must not be handled, stowed, stored, loaded on, or discharged from a vessel except on a safe pier or anchorage permitted by the Commandant, Philippine Coast Guard or authorized representative.
- In emergencies due to casualty or national necessity, a vessel may load or discharge dangerous cargoes only in locations authorized by the Commandant or authorized representative.
- A Permit to Carry/Transfer Dangerous Cargo (using a specified form in Annex entry referenced as Annex aAa) must be issued by Coast Guard Station Commanders after verifying compliance with safety requirements under this circular, including reference to:
- IMDG Code
- Chapter VII of SOLAS 74, as amended
- Chapter XIV of PMMRR
Precautionary measures during operations
- Unnecessary fire is prohibited on a deck, lighter, or vessel during loading, handling, or discharging dangerous cargoes.
- Any fire deemed necessary must be properly safeguarded and remain under close supervision of a competent person assigned by the master or person in charge for the entire cargo transfer period.
- Vessels with power/heating/cooking/lighting equipment that use smoke pipes or stacks must protect smoke pipes/stacks with a spark screen.
- Barges/lighters/tugboats and other vessels shall not come alongside opposite open hatches serving a hold containing explosives, except when such barges are loading or discharging dangerous cargoes to or from the vessel.
- Welding or cutting operations using open flames are prohibited on a vessel with dangerous cargoes on board, except for emergencies affecting vessel safety.
- Cleaning of fireside of boilers is prohibited while in areas designated as dangerous cargo loading and unloading facilities.
- All tubes and uptakes must be thoroughly swept or blown and reasonably free of soot prior to arrival at a dangerous cargo loading facility or anchorage.
- A vessel at a dangerous cargo loading facility or anchorage shall not blow tubes or uptakes.
- Bunkering is prohibited while the vessel is at a dangerous cargo loading waterfront facility.
- At anchorage, dangerous-cargo-laden vessels may bunker only if dangerous cargoes are not being loaded, handled, or discharged, and all holds with explosives are secured.
- Fuel oil transfer between own fuel oil tanks and the setting tank is prohibited unless supervised by a licensed engineer in constant attendance until completion.
- Refueling powered lifeboats or machinery units is prohibited while the vessel is at dangerous cargo loading facilities.
- Boiler room and engine room bilges must be clean and free of oil or unnecessary residue before proceeding to a dangerous cargo loading facility for anchorage, and bilges must be maintained in that condition while moored.
- No work shall be undertaken on main propulsion machinery auxiliaries or boiler that renders fire pumps or electric power propulsion unit inoperative while at dangerous cargo loading facility or anchorage, and tugboat availability for immediate towing is required when needed.
- Every self-propelled vessel with dangerous cargo must maintain means of propulsion at all times; when not underway, hawsers on deck fore and aft must be capable of emergency towing, properly rigged, with eye clear of chock and messenger attached, and ship end stopped off to permit reasonable hawser scope.
- Fire axes must be kept conveniently at hand fore and aft to use on the ship or pass to deck to cut mooring lines in emergency.
- Non-propelled vessels with dangerous cargo must have at least one tugboat for each facility or area where moored or anchored.
- Every vessel loading or unloading dangerous cargoes must display by day a red flag at least 16 square feet in area or at least 10 feet above the upper deck if no mast; at night while fast to a dock, it must display a red light in the specified position.
- Devices capable of radiating electromagnetic energy (e.g., radio, radar) must be de-energized by opening main switches and tagging switches to warn against re-energizing whenever the vessel is at a dangerous cargo handling facility or anchorage with a barge or vessel containing explosives alongside, or when a hatch containing dangerous cargo is uncovered.
Permit validity, fees, and responsibilities
- The Permit to Carry/Transfer Dangerous Cargo issued by the Philippine Coast Guard is valid for one voyage only.
- The fee for a permit is PHP 20.00 + 0.5% of total value in pesos of cargo, but not less than PHP 25.00 per permit.
- The inspection fee is PHP 20.00 + PHP 0.20/tonnage in excess of 50 GT.
- The Coast Guard Station Commander must assess submitted documents for permit application.
- The Coast Guard Station Commander must cause inspection of dangerous cargo, evaluate particulars and characteristics, verify suitability of stowage locations, and evaluate crew capability and ancillary services.
- The Coast Guard Station Commander must verify and evaluate the Dangerous Cargo Manifest with Stowage Plan and monitor actual stowage prior to departure and during transfer.
- The Coast Guard Station Commander must issue inspection and apprehension reports for violations, conduct hearings to dispose of cases, assess and collect fines, issue official receipts, and deposit collections to the PCG Trust Receipt Account Number.
- The Coast Guard Station Commander must submit to CPCG (Attn: CG-8) via District Commander a monthly report of permits issued and violations noted/fined with the fine amount, official receipt number and remittance date, with deliberation/hearing reports annexed.
- Vessel owners or operators must submit an application letter to the Coast Guard Station where the vessel is berthed/anchored, stating the correct technical name (trade names not allowed) and required cargo and consignee details (cargo owner, company name, source, intended destination, intended receiver, intended use/disposition).
- Vessel owners or operators must submit with the application letter the Dangerous Cargo Manifest with Stowage Plan showing stowage-area condition, stowage/transfer system, safety precautionary measures, and designated persons in charge of the cargo during voyage/transfer.
- Vessel owners or operators must comply with this circular and relevant PMMRR and IMDG Code provisions on identification, packaging, marking, labeling, handling, stowage, and transfer.
- The vessel master must carry/transfer dangerous cargo only when covered by a valid PCG Permit to Carry/Transfer Dangerous Cargo.
- The vessel master must observe the safety procedures/measures in this circular, Chapter XIV of PMMRR, Chapter VII of SOLAS 74 as amended, and the IMDG Code.
- The vessel master must assign watches to regularly check the condition of dangerous cargoes throughout the voyage up to transfer.
Penalties and sanctions for violations
- Shipowners, charterers, operators, and/or agents violating willful and deliberate authorization of loading/transfer without complying with safety requirements are fined as follows:
- First Offense: 25% of the cargo’s total value or PHP 3,000.00, whichever is higher
- Second Offense: 50% of the cargo’s total value or PHP 6,000.00, whichever is higher, plus recommendation for 30 days suspension of CPC for Philippine-registered vessels
- Third Offense: 100% of the cargo’s total value or PHP 10,000.00, whichever is higher, plus recommendation for indefinite suspension of CPC for Philippine-registered vessels
- Shipowners, charterers, operators, and/or agents carrying dangerous cargo without the appropriate permit are fined as follows:
- First Offense: 35% of the cargo’s total value or PHP 5,000.00, whichever is higher
- Second Offense: 75% of the cargo’s total value or PHP 10,000.00, whichever is higher, plus recommendation for 30 days suspension of CPC for Philippine-registered vessels
- Third Offense: 100% of the cargo’s total value or PHP 20,000.00, whichever is higher, plus recommendation for indefinite suspension of CPC for Philippine-registered vessels
- The vessel’s master is fined for carrying/transferring dangerous cargo without the required PCG Permit to Carry/Transfer Dangerous Cargo as follows:
- First Offense: PHP 1,000.00
- Second Offense: PHP 4,000.00, plus recommendation for 30 days suspension of license for holders of Philippine licenses
- Third Offense: PHP 8,000.00, plus recommendation for indefinite suspension of license for holders of Philippine licenses
- The vessel’s master is fined for not complying with safety requirements on handling, stowage, and the prescribed precautionary measures as follows:
- First Offense: PHP 1,000.00
- Second Offense: PHP 4,000.00, plus recommendation for one (1) month suspension of license for holders of Philippine licenses
- Third Offense: PHP 8,000.00, plus recommendation for indefinite suspension of license for holders of Philippine licenses
- Fines apply without prejudice to filing of appropriate charges or criminal charges as warranted.
Classification code references for explosives
- Explosives are assigned compatibility groups and classification codes keyed to primary explosive type, including compatibility groups such as A, B, C, D, E, F, G, H, J, K, L, and S.
- Compatibility group S includes explosives packed or designed so hazardous explosive effects during transport are confined within the package except when an external fire degrades the packaging.
- Explosive articles are linked to classification codes by combination of primary explosive and initiation/propulsion characteristics and compatibility grouping, for example:
- Compatibility group A covers 1.1 A for articles containing primary explosive
- Compatibility group B covers combinations such as 1.1 B, 1.2 B, 1.4 B
- Compatibility group C covers combinations such as 1.1 C, 1.2 C, 1.3 C, 1.4 C
- Compatibility group D covers combinations such as 1.1 D, 1.2 D, 1.4 D, 1.5 D
- Compatibility group E covers combinations such as 1.1 E, 1.2 E
- Compatibility group F covers combinations such as 1.1 F, 1.2 F, 1.3 F, 1.4 F
- Compatibility group G covers pyrotechnic substance combinations and mixtures with explosive and illuminating/lachrymatory/smoke-producing substances under the stated set of code pairings
- Compatibility groups H, J, K, L correspond to defined combinations involving white phosphorus, flammable liquid/gel, toxic chemical agent, and special isolation risk under the listed code pairings
- The division and code scheme governs the classification used in the Dangerous Cargo Manifest with Stowage Plan and explosives operational rules.