Policy, purpose, and institutional requirement
- The Circular fosters the safe operation of Philippine-registered ships covered under it.
- The Circular provides rules to implement the CSS Code in domestic trade.
- The Circular institutionalizes the Cargo Securing Manual (CSM) as a safety requirement for covered ships.
Coverage and scope of application
- The Circular applies to all domestic ships carrying cargo units other than solid and liquid bulk cargoes and timber stowed on deck.
- The Circular applies to timber stowed on deck only insofar as it is excluded for open-deck wooden hulled ships with outrigger that are below 35 GT.
- The Circular applies to domestic ships carrying cargo units on deck, subject to the coverage exclusions stated.
- The Circular applies to the domestic carriage of cargo units meeting the defined “cargo units” concept, including various transport items carried aboard ship.
Core definitions for compliance
- “Administration” means the Maritime Industry Authority (MARINA).
- “Code” means the Code of Safe Practice for Cargo Stowage and Securing under Chapters VI and VII of SOLAS 1974, as amended.
- “Company” means the owner of the ship or an organization of persons (such as manager or bareboat charterer) that has assumed responsibility for operation of the ship and has agreed to take over the Code’s duties and responsibilities.
- “Cargo Securing Manual (CSM)” means the guidelines on safe stowage and securing of cargoes on board.
- “CSM Compliance Certificate” means a certificate issued by MARINA after testing, review, and evaluation showing full compliance with all requirements of the Code and this Circular.
- “Cargo Units” includes road vehicles (road vehicles, roll trailers, etc.), railway wagons, containers, flats, pajlets, portable tanks, intermediate bulk containers (IBC), packed units, unit loads, other cargo carrying units such as shipping cassettes, cargo entities such as steel coils and heavy cargo items such as locomotives and transformers, and loading equipment or any part thereof transported on the ship that is not permanently fixed to the ship.
- “Cargo Securing Devices” means all fixed and portable devices used to secure and support cargo units.
- “Standardized Cargo” means cargo for which the ship is provided with an approved securing system based upon cargo units of specific types.
- “Semi-standardized Cargo” means cargo for which the ship is provided with a securing system capable of accommodating a limited variety of cargo units (such as vehicles, trailers, etc.).
- “Non-standardized Cargo” means cargo requiring individual stowage and securing arrangements.
General duties and voyage responsibility
- Companies with ships covered by the Circular must prepare and submit a Cargo Securing Manual (CSM) consistent with the Circular and the Code, and submit it for MARINA’s approval.
- The CSM must be appropriate to the ship’s characteristics and intended/approved type of service, taking into account ship dimensions, hydrostatic properties, weather and sea conditions expected in the ship’s approved trading areas, including the cargo composition.
- Ships covered by the Circular must be equipped with required cargo securing facilities that meet acceptable functional and strength criteria applicable to the ship’s particulars and cargo.
- Companies must ensure officers and crew responsible in cargo stowage are aware of the magnitude and direction of forces involved and the correct application and limitations of cargo securing devices.
- The Master is responsible for the safe conduct of the voyage and the safety of the ship, crew, cargo, and protection of the environment.
- The company must support the Master in discharging these responsibilities.
Required CSM possession and operating rules
- All domestic ships covered by the Circular must have on board a CSM duly approved by MARINA.
- Cargo, cargo units, and cargo transport units must be loaded, stowed, and secured throughout the voyage in accordance with the MARINA-approved CSM.
- The CSM must provide up-to-date information and guidance to assist the Master and crew in the proper use of equipment to adequately stow and secure the ship’s cargo.
- Ships that comply with all Code and Circular provisions must be issued a CSM Compliance Certificate by MARINA.
- The CSM Compliance Certificate is valid for a period not exceeding five (5) years from the date of issue.
- The CSM Compliance Certificate must be endorsed annually by MARINA, and it ceases if no endorsement has been made.
- MARINA includes CSM compliance checks as part of routine SSIS inspections and required ISM/NSM Code audits aboard covered ships.
- Personnel involved in cargo stowage and securing must be properly qualified and experienced.
- Personnel planning and supervising cargo stowage and securing must have sound practical knowledge of the CSM’s application and content (if provided).
- The Master must be responsible for training the crew and other persons involved in correct application and use of cargo securing devices.
CSM preparation standards and content scope
- CSMs must comply with Maritime Safety Committee/Circular 745 “Guidelines for the Preparation of the Cargo Securing Manual”, which is incorporated in the Circular by reference.
- The CSM must be specific for a single ship or sister-ships with identical cargo stowage arrangements.
- The CSM must describe cargo using the categories standardized, semi-standardized, and non-standardized, as defined in the Circular.
- The CSM for new construction ships must comply with applicable classification society standards.
- The CSM for new construction ships must provide a level of safety equivalent to applicable classification society standards, formally approved by the ship’s classification society after careful review of securing system particulars.
- The CSM for existing ships must comply with applicable international or shipowner’s cargo securing equipment design standards in place at the time of ship construction.
- When necessary for existing ships, the shipowner must provide MARINA complete copies of applicable standards to facilitate CSM review.
- For non-standardized cargo, the CSM must comply with the provisions of the Code.
CSM validity, amendments, and approvals
- A approved CSM remains valid unless major changes and alterations are made to the ship’s general structure and intended use.
- When major changes and alterations are made, an amended CSM reflecting such changes/alterations must be submitted to MARINA for review, evaluation, and approval.
MARINA fees and charges schedule
- MARINA charges for Review and Evaluation of CSM based on ship gross tonnage:
- For ships 250 gt and above: PHP 3,000.00.
- For ships 150 gt to 249.99 gt: PHP 2,250.00.
- For ships 50 gt to 149.99 gt: PHP 1,500.00.
- For ships 15 gt to 49.99 gt: PHP 900.00.
- For ships less than 15 gt: PHP 300.00.
- MARINA charges PHP 310.00 for issuance of a CSM Compliance Certificate.
- MARINA charges PHP 250.00 for annual endorsement of a CSM Compliance Certificate.
Sanctions, penalties, and certificate-related consequences
- Non-possession of the required CSM after effectivity of the Circular provides a basis for suspension and withdrawal of Ship Safety Certificate(s).
- After due notice and hearing, MARINA imposes the following fines for operation/navigation without MARINA-approved CSM:
- First Offense: PHP 25,000.00 and warning.
- Second Offense: PHP 50,000.00 and suspension of SIRB and QDC, as applicable.
- Third and Subsequent Offenses: PHP 100,000.00 and cancellation of SIRB and QDC, as applicable.
- After due notice and hearing, MARINA imposes the following fines for operation/navigation with an expired CSM Compliance Certificate:
- First Offense: PHP 25,000.00 and warning.
- Second Offense: PHP 50,000.00 and suspension of SIRB and QDC, as applicable.
- Third and Subsequent Offenses: PHP 100,000.00 and cancellation of SIRB and QDC, as applicable.
- After due notice and hearing, MARINA imposes the following fines for non-compliance with the approved CSM:
- First Offense: PHP 25,000.00 and warning.
- Second Offense: PHP 50,000.00 and suspension of SIRB and QDC, as applicable.
- Third and Subsequent Offenses: PHP 100,000.00 and cancellation of SIRB and QDC, as applicable.
Repeal, separability, and continuing effect
- Any provision of MARINA Memorandum Circulars, rules and regulations, and issuances inconsistent with this Circular is amended or repealed accordingly.
- If any provision is declared invalid or unconstitutional by a competent authority, the remaining provisions continue in full force and effect under the Separability Clause.