Title
IOPP Certificate Rules for Philippine Vessels
Law
Phtbp Memorandum Circular No. 09-2001
Decision Date
Jul 2, 2001
The issuance of the International Oil Pollution Prevention Certificate mandates that all Philippine-registered vessels engaged in international or domestic trade comply with specific environmental standards and equipment requirements to prevent oil pollution, with penalties for non-compliance.

Coverage and scope of application

  • The circular applies to all Philippine registered vessels engaged in international or domestic trade.
  • The circular establishes rules governing the issuance of IOPP/OPP certificates and related survey, inspection, and waiver procedures for covered vessels.

Core definitions and key terms

  • An “Oil Tanker” is a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces, and includes combination carriers or any “chemical tanker” constructed or adapted primarily to carry cargo of noxious liquid substances in bulk, or when carrying cargo other than noxious liquid substances but part of it is oil in bulk.
  • A “Product Carrier” is an oil tanker engaged in carrying oil other than crude oil.
  • A “Segregated Ballast Tank” is a tank completely separated from the cargo oil and oil fuel system, permanently allocated for ballast or cargoes other than oil or noxious substances.
  • A “Dedicated Clean Ballast Tank” is a tank primarily constructed for carrying ballast such that, if discharged into clean water, it would not produce visible traces of oil on the water surface upon adjoining shorelines and would not cause sludge or emulsion deposition beneath the surface of the water or upon adjoining shorelines.
  • “Oily-Water Separating Equipment” is a separator or filter (or combination) designed to produce effluent containing less than 15 ppm of oil.
  • “Oil Discharge Monitoring and Control System” is a system with a control unit, computing unit, and circulating unit, equipped on oil tankers of 150 tons gross tonnage and above, recording continuously oil discharge in liters per nautical mile and total quantity, and the oil content of effluent and rate of discharge; it records this or performs an equivalent function “in lieu thereof.”
  • “Cargo Tank Cleaning System” is a system on a crude oil tanker of 20,000 tons deadweight and above using crude oil washing.
  • A “New Ship” is defined as a ship for which the building contract is placed after 31 December 1995; or, absent a building contract, the keel laid (or similar stage of construction) after 30 June 1996; or the delivery is after 31 December 1995; or the ship has undergone a major conversion, including where (a) the contract is placed after 31 December 1995, or (b) absent a contract, construction work is completed after 31 December 1999.
  • An “Existing Ship” is a ship that is not a new ship.

General vessel requirements by tonnage

  • Ships of 400 gross tons up to but less than 10,000 gross tons must be provided with:
    • OWS equipment capable of producing effluent with an oil content not exceeding 15 parts per million.
    • Tank(s) of adequate capacity to receive oily residues (sludge) from fuel/lubricating oil purification, oil leakages in machineries, and such residues shall be discharged into reception facilities.
    • ORB, whether as part of the ship’s official log book.
  • Ships of 10,000 gross tons and above must be provided with:
    • An oil discharge monitoring and control system in addition to the oily water separating equipment required under Section V(A)(1)(a).
    • Tank(s) of adequate capacity for oily residues (sludge), discharged into reception facilities.
    • ORD, whether as part of the ship’s official log book.
  • Vessels of less than 400 GRT must be fitted with holding tank(s) having adequate capacity for total retention on board of oil bilge water for subsequent discharge to reception facilities.
  • All oil water separator equipment must be duly approved by the Philippine Coast Guard.
  • The requirements under Section V(A)(1)(a) and Section V(A)(2)(a) may be waived subject to the waiver conditions in Section VII(A)(1).
  • Where a vessel is an oil tanker, additional oil tanker-specific requirements apply under Section V(B); where a vessel is a product carrier, additional product carrier requirements apply under Section V(C).

Oil tanker and product carrier standards

  • Oil tankers of 150 tons tonnage and above must be provided with an oil discharge monitoring and control system in addition to the oily water separating equipment, and such system must be approved/accredited by the Philippine Coast Guard.
  • The requirement for an oil discharge monitoring and control system does not apply to oil tankers of less than 150 gross tons where discharge control is affected by retention of oil on board, followed by discharge of all contaminated washings to reception facilities.
  • The oil discharge monitoring system requirement under Section V(B)(1) may be waived subject to Section VII(A)(2).
  • Existing oil tankers of 40,000 tons DWT engaged in international voyage must:
    • Be provided with segregated ballast tank(s) of adequate capacity so the ship can operate safely on ballast voyage without recourse to cargo tanks for water ballast; or
    • Adapt cargo tank cleaning procedures using crude oil washing in lieu of the segregated ballast tank requirement; or
    • Use dedicated clean ballast tanks in lieu of the segregated ballast tank requirement.
  • New oil tankers of 20,000 tons DWT and above engaged in international voyage must:
    • Be provided with segregated ballast tank(s) of adequate capacity so the ship can operate safely on ballast voyage without recourse to cargo tanks for water ballast; and
    • Adapt cargo tank cleaning procedures using crude oil washing.
  • An oil tanker operating with dedicated clean ballast tanks must be equipped with an oil content meter duly approved by the PCG to enable supervision of oil content in discharged ballast water, and must be provided with:
    • Dedicated clean ballast tank operation manual; and
    • A supplement to the Oil Record Book in the form specified in Annex II, permanently attached to the Oil Record Book.
  • New product carriers of 30,000 tons deadweight and above must be provided with segregated ballast tank(s) of adequate capacity so the ship can operate safely on ballast voyage without recourse to the use of cargo tanks for water ballast.
  • Existing product carriers of 40,000 tons deadweight and shall be provided with segregated ballast tanks, or alternatively operated with dedicated clean ballast tanks equipped with an oil content meter duly accredited by the PCG, provided that vessels operating with dedicated clean ballast tanks must be provided with:
    • Dedicated clean ballast tank operation manual; and
    • A supplement to the oil record book in the form specified (Annex II), permanently attached to the oil record book.

IOPP/OPP application and issuance procedure

  • Shipowners must forward their applicants for the IOPP/OPP Certificate in writing to the Commander, Marine Environmental Protection Command (CMEPCOM).
  • Before issuance of the certificate and before the ship is put on service, an initial survey must be undertaken by the Coast Guard District or Marine Safety Officer.
  • For first-time certificate issuance, the initial survey must include a complete survey of the marine sanitation device or sewage treatment plant.
  • After the survey, no significant changes or alterations may be made in the structure, equipment, fittings, arrangements, or materials covered by the survey without written authority from the Commandant, Philippine Coast Guard.
  • CMEPCOM, through AC of S, CG-9, may recommend to the Commandant, PCG the accreditation of classification societies or survey organizations/societies that may conduct the required surveys.
  • Vessels found to comply must be issued an IOPP/OPP certificate:
    • Signed by the Commandant, PCG for vessels engaged in international voyages; or
    • Issued by CMEPCOM for vessels engaged in domestic trade,
    • Subject to the condition that periodical surveys are conducted every two years.
  • Vessels found to be in order must be issued a certificate of Inspection that shall be carried on board at all times.
  • Intermediate surveys endorsed on the IOPP/OPP certificate must be conducted every two (2) years from issuance of the certificate.
  • Failure to submit the vessel to the periodical survey warrants suspension of the IOPP/OPP certificate.

Certificate duration, extension, and loss of validity

  • The IOPP/OPP certificate has a duration of 5 years from the date of issue.
  • The certificate may be extended for a period not longer than three (3) months, for the purpose of completing its voyage and returning to port for survey only if the vessel at the certificate’s expiration time is not in a port or off-shore terminal subject to Philippine jurisdiction.
  • Vessels granted an extension are not entitled, upon arrival at their homeport or the port for survey, to leave the port without obtaining a new certificate.
  • The certificate ceases to be valid:
    • Upon expiration of the IOPP/OPP certificate (i.e., five (5) years from approval); and
    • Whenever significant alternations have taken place in the system/equipment without written authority from the Commandant, PCG.

Waiver of OWS and monitoring requirements

  • Oily Water Separator and Oil Discharge Monitoring System requirements may be waived when all specified waiver conditions are met.

Waiver conditions: OWS equipment

  • Waiver for Oily Water Separator is permitted only if:
    • The vessel is engaged exclusively on voyages within specific areas on a regular basis.
    • The length of voyage does not exceed 72 hours.
    • The ship has holding tank(s) of adequate capacity for retention of oily mixtures on board.
    • All oil bilge water is retained on board for subsequent discharge to reception facilities.
    • The PCG determines adequate reception facilities exist at the next port of call.
    • Quantity, time, and port of discharge are recorded in the Oil Record Book.

Waiver conditions: monitoring system

  • Waiver for Oil Discharge Monitoring System is permitted only if:
    • The voyage is within 50 miles from the nearest land (reckoned from the country’s baseline).
    • The length of voyage is 72 hours or less.
    • The tanker is engaged exclusively in trades between port/terminals within the country.
    • The tanker is fitted with a slop tank of adequate capacity to retain all oil mixtures on board for subsequent discharge to reception facility.
    • The PCG determines adequate reception facilities exist at the next port of call.
    • Quantity, time, and port of discharge are recorded in the Oil Record Book.

Waiver procedure and timetable

  • A waiver application must be made in writing to the Commander, Marine Environmental Protection of the Philippine Coast Guard.
  • The application must be accompanied by an affidavit of undertaking executed by the master of the ship and the vessel owner or charter party, attesting compliance with the guidelines and the planned ports of call within the territorial Philippines.
  • Within 15 days from receipt of the application, the applicant must arrange for an ocular inspection of the vessel applied for and reception facilities in the planned ports of call.
  • Within 15 days from date of inspection, the Marine Environmental Research and Development Center must issue a memorandum of inspection to the Commander, MEPCOM, certifying whether the vessel complies with the affidavit undertaking and whether reception facilities are adequate and within Annex 1 of MARPOL 73/78, as amended.
  • Within five (5) days from receipt of the memorandum of inspection, the Commander, MEPCOM must prepare and request issuance of:
    • A Certificate of Waiver; or
    • A Conditional of Waiver subject to compliance with certain requirements and a time period for compliance; or
    • Denial of the application.
  • If the application is denied, no re-application may be entertained for a period of one year from the date of denial.

Required fees for certificates and waivers

  • Issuance of an IOPPC/OPP Certificate costs P1,000.00.
  • Issuance of a Waiver costs P1,000.00.

Administrative fine and consequences

  • For every violation of the General Requirements in the circular, an administrative fine of P10,000.00 is imposed.
  • Imposition of the fine is without prejudice to the cancellation of the IOPP/OPP certificate.

Relationship of provisions within the circular

  • Waiver of OWS and waiver of oil discharge monitoring system requirements are governed by Section VII, and the general requirement waiver cross-references operate through Section V.
  • The certificate issuance procedure requires compliance with survey conditions under Section VI before issuance and conditions for periodical/intermediate surveys thereafter.

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