Purpose
- To provide implementing rules aimed at preventing pollution by garbage from ships within the Philippine territorial and archipelagic waters.
Scope
- Applies to all Philippine registered vessels engaged in international and domestic trade.
- Applies to all small crafts operating within Philippine territorial and archipelagic waters.
Definitions
- Waste/Garbage: Unnecessary materials to be discharged.
- Food Waste: Spoiled or unspoiled food substances generated on board.
- Plastic: Synthetic organic polymers used in marine applications.
- Domestic Waste: Food and related wastes from living spaces on ships.
- Cargo-Associated Waste: Waste from cargo stowage and handling.
- Maintenance Waste: Waste from engine and deck department operations.
- Operational Waste: Combination of maintenance and cargo-associated wastes.
- Dishwater: Residue from washing dishes after pre-cleaning.
- Cargo Residues: Residual cargo materials after unloading.
- Fishing Gear: Devices used for catching aquatic organisms.
- Special Permit: Authorization by Philippine Coast Guard for waste dumping under prescribed conditions.
- Special Area: Ecologically or oceanographically sensitive water areas requiring special control.
- Reception Facility: Authorized location or service for receiving ship-generated garbage, managed by relevant authorities.
Policies
- Prohibitions: Disposal of plastics and various wastes into Philippine waters is unlawful.
- Exceptions:
- Disposal must be done at the nearest land following Annex I guidelines.
- Waste disposal due to emergencies preventing greater harm is allowed.
- Disposal with a Special Permit is permissible, not allowed in Special Areas.
Requirements for Ship Operators
- Minimize garbage generation by reducing potential waste brought onboard.
- Replace disposable plastic covers with reusable materials.
- Implement storage systems promoting reuse of materials.
- Dispose garbage at port reception facilities and have approved onboard disposal facilities.
- Use grinders that ensure garbage particles do not exceed 25mm in size.
- Develop and submit a Garbage Management Plan for vessels over 400 GT or carrying 15 persons or more, detailing garbage handling procedures.
Requirements for Vessels
- Plastic garbage must be disposed of at port reception facilities.
- Shipboard teams must be established to manage garbage handling and storage.
- Passengers must be briefed on garbage disposal systems.
- Garbage discharge restrictions must be conspicuously posted onboard.
- Crew and officers must assist in garbage recovery and disposal efforts.
- Vessels over 400 GT or carrying 15+ persons must maintain a Garbage Record Book documenting all garbage discharge or loss.
- Adequate and appropriate garbage containers must be available onboard.
Responsibilities of Other Entities
- Shipyards must provide garbage reception facilities/services for repair-bound ships.
- Port authorities must provide appropriate garbage reception facilities for ships calling at ports.
Penalties
- Violations incur an administrative fine of Ten Thousand Pesos (P10,000.00).
- Additional civil and/or criminal actions may be filed by the Philippine Coast Guard.
Fees
- Garbage Management Plan review and approval: P500.00.
- Registration of Garbage Record Book: P300.00.
Repealing Clause
- Memorandum Circular No. 02-94 on prevention of pollution by ship garbage is repealed.
Effectivity
- The Circular takes effect fifteen (15) days after filing with the UP Law Center.