Title
Philippine Port State Control Regulations
Law
Ptbp Memorandum Circular No. 08-96
Decision Date
Nov 18, 1996
The Philippine Coast Guard establishes uniform standards and procedures for inspecting foreign-flagged vessels at its ports to ensure compliance with international safety, pollution prevention, and labor regulations.
A

References

  • Incorporates multiple international maritime conventions such as SOLAS, Load Lines, MARPOL, STCW, Tonnage Measurement.
  • Follow relevant IMO Resolutions (A.466, A.481, A.787), ILO guidelines, and regional Memoranda of Understanding like the Asia-Pacific Port State Control Manual.

Scope of Application

  • Applies to all foreign-flagged vessels engaged in international trade calling at Philippine ports.
  • Excludes naval or coast guard vessels, wooden primitive ships, non-mechanically propelled ships, and ships below convention size.

Purpose

  • Implements uniform standards on foreign vessels as per international and national laws addressing:
    • Safety of life and property at sea
    • Marine pollution prevention
    • Minimum shipboard conditions of employment and living arrangements
    • Social and labor conditions, including work/rest hours
    • Manning and competency of seafarers
  • Sets procedures for Port State Control (PSC) inspections by Philippine Coast Guard (PCG).

Definitions

  • Clear grounds: Evidence of substantial non-compliance with conventions.
  • Deficiency: Condition not meeting convention requirements.
  • Detention: Preventing a ship from sailing due to safety or environmental threats.
  • More detailed inspection: Follow-up when clear grounds exist.
  • Stoppage of operation: Formal prohibition due to hazardous deficiencies.
  • Sub-standard ship: Vessel not meeting hull, machinery, equipment, or crew standards.
  • Valid certificate: Official document complying with convention provisions.
  • Recognized organization: Authorized body delegated by flag State for certification.

General Provisions

  • PCG authorized to conduct vessel inspections for safety, pollution control, and compliance with training and social standards.
  • PSC inspections initiated by the PCG or based on reports from other States, crew, unions, or interested parties.
  • Inspections performed by qualified PCG personnel trained on international and regional PSC guidelines.
  • Joint inspections with other agencies to minimize inconvenience and delay.

Procedures for Port State Control Inspections

  • Coordination with port authorities on shipping schedules.
  • Verification of ship’s year of build, size, and applicability of conventions.
  • Assessment of mooring, gangway condition, hull condition, and load line markings before boarding.
  • Notification of master/senior officer about inspection purposes.
  • Review of last PSC inspection; limited action if satisfactory or remedial measures verified.
  • Full inspection for vessels without recent inspections, focusing on certificates and condition.
  • Detailed inspections performed if invalid certificates or clear grounds exist.
  • Deficiencies must be rectified within specified periods; operational restrictions or detentions may be imposed.
  • Minor deficiencies may allow vessel to proceed with notification to next port.
  • Detention guidelines include assessment of documentation, crew, and operational safety covering navigation, firefighting, pollution prevention, stability, communication, and living conditions.
  • Coordination with Philippine Ports Authority to hold detained vessels.
  • Special requirements for ships carrying dangerous goods including manifest and stowage plan.
  • Completion of Certificate of Orderly Inspection by master post-inspection.
  • Reporting procedures for non-convention ships and vessels below convention size.

Responsibilities

  • District and Station Commanders ensure proper coordination, supervision, timely reports, and training of PSC inspectors.
  • PSC Officers responsible for notifying port authorities, conducting inspections, completing reports, and submitting to authorities and interested parties.
  • AC of S, CG-8 tasked with monitoring PSC activities, maintaining records, liaising with IMO and Tokyo MOU, updating regulations, and training inspectors.
  • Coast Guard Operations Center monitors status of detained vessels until clearance.

Re-Inspection

  • Conducted upon written request by vessel owner, agent, or master to verify corrections.
  • No fines imposed; re-inspection fees charged based on time spent onboard.
  • Fees processed under PCG Trust Receipt Account.

Rescission and Effectivity

  • Memorandum Circular No. 02-92 (1992) rescinded.
  • Takes effect one month after publication.

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