Coverage of the Rule
- Applies to specific domestic ships mandated for classification and safety, notably:
- Passenger High Speed Crafts.
- Passenger-carrying ships required or currently classed.
- Oil tankers, chemical tankers, and gas carriers of 500 gross tons and above.
- Bulk carriers of 500 gross tons and above required to be classed.
- Compliance harmonized with other maritime conventions and existing policies focusing on passenger safety and pollution prevention.
Key Definitions and References
- Administration: Maritime Industry Authority (MARINA).
- Code: International Safety Management (ISM) Code.
- Company: Owner or entity responsible for ship operation and compliance with the ISM Code.
- Safety Management System (SMS): Documented system to implement safety and environmental policies.
- Document of Compliance (DOC): Certification for company compliance with ISM Code.
- Safety Management Certificate (SMC): Certification verifying shipboard operation according to approved SMS.
- Recognized Organization (RO): Entities accredited by MARINA to conduct ISM audits and certification.
- Implementation aligns with ISM Code, SOLAS Chapter IX, IMO Resolution A.788 (19), and A.739 (18).
General Provisions and Compliance Deadlines
- From 01 July 1999, only companies with valid DOC may operate covered ships.
- By 31 December 1999, all covered ships must have SMC.
- New operations post-effectivity: 12 months to secure DOC and SMC from accreditation/registration date.
- Pre-existing operations after 29 October 1998: 12 months to comply from accreditation/registration.
Specific Operational Provisions
- Companies must develop, adopt, and implement an SMS.
- Owner/disponent owner must notify MARINA of entity assuming operational responsibility and ISM Code compliance.
- ISM certification can be obtained from MARINA or Recognized Organizations; full-term DOC and SMC issued by MARINA.
- Previously issued DOCs/SMCs must be presented to MARINA for notation.
- MARINA may withdraw or invalidate DOC/SMC if compliance is not met.
- Organizations providing ISM certification services must secure MARINA authorization.
- MARINA reserves the right to conduct verification or audit as necessary.
Fees and Charges
- DOC (full-term or interim): P4,000 per document.
- SMC (full-term or interim): P4,000 per certificate.
- Audit fees (company):
- Category I (small, ≤20 employees): P16,000.
- Category II (medium, 21–50 employees): P24,000.
- Category III (large, >50 employees): P24,000.
- Audit fees (ship categories):
- Category I: P16,000 - Oil tankers, gas carriers, bulk carriers ≥500 GT, passenger ships with <300 passengers.
- Category II: P16,000 - Passenger ships with 300–1,499 passengers, chemical tankers.
- Category III: P24,000 - Passenger ships with ≥1,500 passengers.
- Additional P3,000/day per auditor plus economy airfare for audits outside auditor's work station.
Sanctions and Penalties
- Failure to possess or submit required DOC/SMC post-compliance dates leads to:
- Temporary suspension of ship licenses/operation.
- Suspension of company accreditation.
- Deferral of MARINA actions on pending applications.
- Fines imposed after due notice and hearing:
- Non-possession/non-renewal of DOC or SMC: P50,000 per company or ship.
- Failure to notify MARINA of responsible entity for ISM Code compliance: P25,000.
Repealing Clause
- Previous Memorandum Circulars, rules, or issuances inconsistent with these rules are amended or repealed.
Effectivity
- The Circular takes effect fifteen (15) days after publication in a newspaper of general circulation.
- Adopted on 3 June 1999.