Title
Cargo Stowage and Securing Rules
Law
Mia Marina Circular No. 2008-03, S. 2008
Decision Date
Nov 8, 2007
MARINA Circular No. 03-08 ensures the safe operation of Philippine-registered ships by implementing guidelines for cargo stowage and securing, requiring the use of a Cargo Securing Manual (CSM) and compliance checks, with penalties for non-compliance.
A

Scope of Application

  • Applies to all domestic ships carrying cargo units except:
    • Solid and liquid bulk cargoes.
    • Timber stowed on deck.
    • Open-deck wooden-hulled ships with outriggers below 35 Gross Tons (GT).

Key Definitions

  • Administration: Maritime Industry Authority (MARINA).
  • Code: Code of Safe Practice for Cargo Stowage and Securing under SOLAS 1974, Chapters VI and VII.
  • Company: Owner or entity responsible for ship operation and compliance with the Code.
  • Cargo Securing Manual (CSM): Document with guidelines for safe cargo stowage and securing.
  • CSM Compliance Certificate: Certificate issued upon approval showing full compliance with the Code.
  • Cargo Units: Vehicles, containers, steel coils, heavy items, and other cargo not permanently affixed to ship.
  • Cargo Securing Devices: Devices used to secure cargo units on board.
  • Standardized cargo, semi-standardized cargo, and non-standardized cargo defined according to required securing systems.

General Provisions

  • Companies must prepare and submit a CSM consistent with the Code for MARINA approval.
  • The CSM must fit the ship's characteristics, trade areas, cargo composition, and expected sea conditions.
  • Ships must have proper cargo securing equipment meeting strength and functional standards.
  • Crew must be knowledgeable about securing forces, device application, and limitations.
  • Masters bear ultimate responsibility for voyage and cargo safety, with company support.

Specific Provisions

  • All covered ships must have an approved CSM on board.
  • Cargo must be loaded, stowed, and secured per the approved CSM.
  • The CSM must provide up-to-date guidance and information to the Master and crew.
  • A CSM Compliance Certificate will be issued for full compliance, valid up to five years with annual endorsements.
  • MARINA will include CSM checks in routine Safety Inspection and ISM/NSM audits.
  • Only qualified, experienced personnel may handle cargo stowage and securing tasks.
  • Masters are responsible for crew training on proper securing device use.

CSM Preparation Guidelines

  • CSMs must comply with MSC/Circular 745 "Guidelines for the Preparation of the Cargo Securing Manual".
  • Must be specific to a single ship or sister-ships and categorize cargo types clearly.
  • New ship CSMs must meet classification society standards or equivalent approved safety levels.
  • Existing ships’ CSMs must follow standards effective at their construction time.
  • Non-standardized cargo requires adherence to the Code's provisions.

CSM Validity and Amendments

  • Approved CSM remains valid unless major ship structural or usage changes occur.
  • Any major changes require submission of amended CSM for re-approval.

Fees and Charges

  • Review and evaluation fees vary by ship size from P300 to P3,000.
  • Issuance of CSM Compliance Certificate costs P310.
  • Annual endorsement fee is P250.

Sanctions and Penalties

  • Failure to possess CSM leads to suspension or withdrawal of Ship Safety Certificates.
  • Fines and sanctions escalate based on offenses for:
    • Operating without MARINA-approved CSM.
    • Operating with expired CSM Compliance Certificate.
    • Non-compliance with approved CSM.
  • Penalties range from P25,000 with warnings, up to P100,000 with suspension or cancellation of SIRB and QDC for repeated offenses.

Repealing Clause

  • Inconsistent MARINA issuances are amended or repealed.

Separability Clause

  • Invalid or unconstitutional provisions do not affect the validity of remaining provisions.

Effectivity Clause

  • The Circular takes effect 30 days after publication in a widely circulated newspaper.

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