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.
port state
control
maritime law

Legal basis and referenced regimes

  • The circular anchors PCG port State control authority on Republic Act No. 5173 (a Coast Guard law) and on PD 600 and PD 602, as amended by PD 979.
  • It relies on prior port State control procedures under PTBP Memorandum Circular No. 02-77, as amended by PTBP Memorandum Circular No. 01-91.
  • It implements and supersedes earlier port State control guidance under Memorandum Circular No. 02-92 dated 21 August 1992, which is expressly rescinded.
  • It aligns inspection standards and triggers with SOLAS 1974 provisions, including Regulation 19, Chapter I; Regulation 6, Chapter IX; and Regulation 4, Chapter XI.
  • It also references international load line and safety/training and pollution standards, including Article 21 of the International Convention on Load Lines, 1966, and pollution and seafarer training/certification instruments under listed convention articles and annex regulations.
  • The circular uses procedures consistent with the IMO Assembly resolutions, including Resolution A.787 (19) adopted on 23 November 1995, and other IMO resolutions listed in the circular.
  • Port State Control coordination and inspection framework are linked to the Asia-Pacific MOU dated 01 December 1993 and the Asia-Pacific Port State Control Manual published in 1996.

Purpose and policy intent

  • The circular establishes a uniform implementation of standards for foreign-flagged vessels calling at any port of the Republic of the Philippines.
  • It aims to apply standards covering:
    • safety of life and property at sea;
    • marine pollution prevention;
    • minimum shipboard conditions of employment and living arrangements, including hours of work/rest periods;
    • manning and competency of seafarers.
  • The circular prescribes the procedures for conducting Port State Control by authorized and qualified PCG personnel, in reference to relevant instruments.

Coverage and exclusions

  • The circular applies to all foreign-flagged vessels engaged in international trade that call at any port of the Republic of the Philippines.
  • Port State Control regulations apply to all foreign-flagged vessels calling at Philippine ports except for:
    • Naval and Coast Guard vessels;
    • Wooden ships of primitive build;
    • Ships not propelled by mechanical means;
    • Other ships which are below convention size with respect to instruments relevant to Port State Control.

Definitions used for enforcement

  • Clear grounds mean evidence that the ship, its equipment, or its crew does not substantially correspond to the requirements of the relevant conventions, or that the master or crew is not familiar with essential procedures for safety and pollution prevention.
  • Deficiency means a condition found not to comply with the requirements of the relevant convention(s).
  • Detention is the port State’s intervention to ensure the ship will not sail until it can proceed without presenting a danger to the ship or persons aboard, or without presenting an unreasonable threat of harm to the marine environment.
  • More detailed inspection is an additional inspection conducted when clear grounds indicate non-substantial correspondence between the ship/equipment/crew condition and certificate particulars.
  • Stoppage of an operation is a formal prohibition against continuing an operation because identified deficiency(ies) render continuation hazardous.
  • Sub-standard ship means a ship whose hull, machinery, equipment, or operational safety is substantially below convention standards, or whose crew is not in conformance with the safe manning document.
  • Valid certificate means a certificate issued directly by a Party or on its behalf by a recognized organization, containing accurate and effective dates, meeting relevant convention provisions, and whose ship/crew/equipment particulars correspond.
  • Recognized organization is an organization meeting conditions in IMO resolution A.739(18) and delegated by a flag State administration to provide statutory services and certification.

Port State Control authority and inspection triggers

  • The PCG has authority under RA 5173 to conduct vessel inspections for:
    • promotion of safety of life and property at sea;
    • control and prevention of marine pollution; and
    • verification of compliance with minimum standards on training and social condition of officers and crew.
  • Port State Control inspections must be undertaken based on:
    • the initiative of the Party through PCG representation;
    • a request or information from another Party to a relevant convention;
    • information from a crew member, professional body, association, trade union, or any other individual with an interest in safety, crew/passengers protection, or marine environment protection.
  • Port State Control must be carried out by qualified PCG personnel authorized by the government, and those personnel are presumed conversant with PCG guidelines, the current Asia-Pacific Manual, and relevant IMO/ILO conventions and instruments.
  • Joint inspection with other agencies for other ship service standards (such as sanitation and quality of service) must be done “insofar as practicable” to avoid inconvenience and undue delay.
  • The inspection process is coordinated through a PSCO in each international port, which coordinates with the local port authority for access to the shipping schedule.

Inspection procedure and documentation checks

  • Before boarding, the PSCO should ascertain the ship’s year of build and size to determine which convention provisions apply.
  • Before boarding, the PSC Team should check:
    • the condition of mooring ropes;
    • gangway arrangements;
    • the general condition of the hull; and
    • whether the loadline is properly marked on the ship’s sides.
  • Upon boarding, the PSC Team must notify the master (or, in the master’s absence, the senior deck officer) of the purpose of the visit.
  • The PSC Team must ask when the last Port State Control inspection took place, and:
    • if it was within the last six months, it must request the previous inspection report;
    • if the report is satisfactory, it must take no further action and depart without delay;
    • if the report shows deficiencies, the inspection should normally be confined to checking whether remedial actions were taken;
    • if deficiencies are already rectified, no further action must be taken; and in both cases the PSC Team must depart without delay.
  • If previous deficiencies remain uncorrected after a prior-inspection check, the PSC Team must record the deficiencies and proceed with its inspection, furnishing the previous port State a copy of the new report (Annex 1.1 Form A and Annex 1.2 Form B).
  • If the ship has not undergone an inspection within the last six months, the inspection must verify all required certificates/documents and conduct a cursory inspection as warranted.
  • If the cursory and certificate verification is satisfactory, the appropriate forms must be filled (Form A) and a copy of the report must be furnished to the master or senior officer before departure without delay.
  • If the ship does not carry valid certificates, or if the PSC Officer’s observations provide clear grounds that the ship/equipment does not substantially correspond to certificate particulars or the master/crew lacks familiarity with essential procedures, a more detailed inspection must be conducted following the PSC Manual procedures, using Form A and Form B.
  • Before and during a more detailed inspection, the PSC Officer must advise the master, local agent, local Classification Society representative, and local flag State representatives (consul), wherever possible, of the impending detailed inspection and the results; copies must be furnished to concerned District/Station Commanders and CPCG (Attention: AC of S, CG-8/CGOC).
  • After the inspection, if deficiencies exist, the PSC Officer must require correction by a specified time and must impose operational restrictions in the interim or detain the ship until deficiencies are corrected.
  • If minor deficiencies are found but are deemed not endangering the ship, persons aboard, or the environment, the PSCO must inform the port State next to be visited by the ship using Annex 2; a copy must also be forwarded to concerned District/Station Commanders and to CPCG (Attention: AC of S, CG-8).
  • For reloading of dangerous goods, the PSC Team must require specific additional documentation where applicable:
    • a special list of dangerous and hazardous cargo manifest showing dangerous goods and their location; and
    • a detailed stowage plan identifying by class and setting out the location of dangerous goods onboard.
  • The PSC Officer must hold the vessel until both dangerous goods documents are submitted if either is absent.
  • After the PSC inspection, the master must accomplish the Certificate of Orderly Inspection – Form D (Annex 3), followed by proper and courteous departure of the PSC Team.
  • Port State Control Inspection Reports on non-convention countries and on ships below convention size with deficiencies/violations must be submitted to:
    • the Administration of the concerned country by AC of S, CG-8 as submitted by the PSCO; and
    • also by the PSCO to the concerned District/Station Commanders.

Detention standards and operational consequences

  • The PSCO must assess whether deficiencies merit detention by considering whether:
    • the ship has valid documentation; and
    • the ship has the crew required in the minimum Safe Manning Document.
  • During assessment, the PSCO must further determine whether the ship and/or crew can throughout the forthcoming voyage:
    • navigate safely;
    • safely handle, carry, and monitor cargo;
    • operate the engine room safely;
    • maintain proper propulsion and steering;
    • fight fires effectively;
    • abandon ship speedily and safely and effect rescue if necessary;
    • prevent pollution of the environment;
    • maintain adequate stability;
    • maintain adequate watertight integrity;
    • communicate in distress situations;
    • provide safe and healthy conditions onboard.
  • If the assessment result is negative (taking account of all deficiencies found), the ship must be strongly considered for detention.
  • A combination of less serious deficiencies may also warrant detention.
  • Before detaining a ship, the PSCO must additionally consider:
    • the length and nature of intended voyage or service;
    • whether the deficiency poses danger to the ship, persons onboard, or the environment;
    • whether appropriate rest periods of the crew can be observed;
    • the size and type of ship and equipment provided;
    • the nature of cargo.
  • The PSCO must coordinate with the Philippine Ports Authority (PPA) to hold the departure of a detained vessel until it is duly cleared by the PSC Officer.
  • The circular defines detention as a restriction on sailing until the ship can proceed without danger or unreasonable threat of harm to the marine environment.
  • The circular defines stoppage of an operation as a formal prohibition due to identified deficiencies rendering continuation hazardous.

Responsibilities and coordination duties

  • District and Station Commanders must implement the circular and ensure:
    • proper coordination and information dissemination, particularly with PPA, MARINA, shipping companies, and shipping agents;
    • positive control and supervision over Port State Control teams and proper conduct of PSC inspections;
    • expeditious submission of reports;
    • training, qualification, and competence of PSC inspectors;
    • submission by PSCOs of accomplished PSC forms and Inspection Reports to HPCG (Attention: AC of S, CG-8);
    • proper maintenance of PSC records aboard District and Station Offices.
  • The Port State Control Officer must:
    • notify the PPA office in the boarding area of PCG personnel conducting the inspection;
    • conduct PSC inspections and accomplish required forms;
    • submit required reports to CPCG (Attention: AC of S, CG-8) as cited;
    • forward copies of reports and notices to the District Commander, the vessel’s master, the local shipping agent/owner’s representative, local classification society representative, the flag State office where the vessel files its flag (consul), and CPCG (Attention: AC of S, CG-8);
    • furnish the Coast Guard Operations Center (CGOC) with copies of PSC reports in cases of vessel detentions and more detailed inspections;
    • provide close supervision of PSC inspectors regarding conduct, competence, and efficiency.
  • AC of S, CG-8 must:
    • monitor the general conduct of PSC inspections in the country;
    • forward relevant PSC reports to the IMO and the Tokyo MOU Secretariat, through the Canadian Coast Guard managing the Tokyo MOU Information System;
    • maintain and update all PSC records and reports aboard the CG-8 office;
    • maintain close coordination with IMO and other Tokyo MOU members;
    • conduct periodic review of existing PSC regulations and procedures;
    • publish qualified PSC inspectors and issue appropriate orders for them;
    • program training of PSC inspectors through CGTC and other local and foreign training centers and agencies.
  • The Director, Coast Guard Operations Center must monitor detained vessels until they are cleared for their next voyages.

Re-inspection fee and payment rule

  • Re-inspection of detained vessels must be conducted on the date and time requested in writing by the vessel’s owner, authorized agent, or master to verify rectification of deficiencies found in the PSC inspection.
  • No fines for the deficiencies must be collected during re-inspection.
  • A re-inspection fee must be charged, computed under this schedule:
    • PHP 5,000.00 for the first hour of the PSC team on board the vessel requesting re-inspection; and
    • PHP 1,000.00 for every succeeding hour or a fraction thereof.
  • The PSCO must issue corresponding receipts for payments collected and must remit amounts under the PCG Trust Receipt Account and follow existing accounting and auditing policies.

Rescission and effectivity

  • Memorandum Circular No. 02-92 dated 21 August 1992 is rescinded by Section XI.
  • The circular takes effect one month after publication in the Official Gazette or in a newspaper of general circulation (Section XII).
  • The circular is adopted on 18 Nov. 1996 and signed by Arturo Y. Capada, Commodore AFP.

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