PORT STATE CONTROL

I
Authority

A.    Republic Act (RA) 5173 (Philippine Coast Guard Law)
B.    Presidential Decree (PD) 600
C.   Presidential Decree 602, as amended by Presidential Decree 979

II
References:

A.     International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended
B.     International Convention on Load Lines, 1966
C.     International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, as amended
D.     International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW), 1978, as amended
E.     International Convention on Tonnage Measurement of Ships, 1969
F.      International Maritime Organization (IMO) Resolution A.787 (19) adopted on 23 November 1995, as amended
G.     Convention on International Regulations for the Prevention of Collision at Sea (COLREGS), 1972
H.     Convention Number 147 of the International Labor Organization (ILO)
I.       Memorandum of Understanding (MOU) on Port State Control (PSC) in the Asia-Pacific Region dated 01 December 1993
J.      Asia-Pacific Region Port State Control Manual Published by the Tokyo MOU Secretariat
K.     Philippine Coast Guard Auxiliary (PCGA) Charter

III
Scope

This Memorandum Circular applies to all foreign-flagged vessels
engaged in the international trade calling at any port of the Republic
of the Philippines. It also covers the appointment and conduct of PCGA
personnel as PSC Associate Members tasked to participate in PSC
inspections.

IV
Objectives:

A.     To rationalize, harmonize, and ensure a more effective implementation of PSC in the country.
B.     To strengthen the enforcement of PSC function by infusing into
the procedures recent PSC developments and innovations adopted by the
Tokyo MOU on PSC in the Asia-Pacific Region.

V
Purposes:

A.        This Memorandum-Circular establishes a uniform
implementation of the Convention standards of foreign-flagged vessels
calling at any port of the Republic of the Philippines as stipulated in
the following relevant instruments:

1.    Resolution A.787(19) adopted by the IMO Assembly on 23 November 1995, as amended;
2.    Asia-Pacific Region PSC Manual published by the Tokyo MOU Secretariat; and
3.    Other existing international and national laws, rules, and
regulations pertaining to safety of life at sea, prevention of pollution
of the marine environment, minimum standards regarding shipboard
conditions of employment and living arrangements, social and labor
conditions (to include hours of work), and minimum safe manning of ships
and competency of seafarers.

B.        In reference to the relevant instruments, it likewise
prescribes the procedures in the conduct of PSC inspections by
appointed, authorized and qualified personnel of the Philippine Coast
Guard (PCG) as well as PSC Associate Members from the Philippine Coast
Guard Auxiliary (PCGA) subject to certain limitations.

VI
Exceptions:

This Memorandum-Circular does not apply to the following:

A.        Ships of war, troopships, and Government vessels not engaged in trade
B.        Ships not propelled by mechanical means
C.        Wooden ships of primitive build
D.        Pleasure yachts not engaged in trade
E.        Fishing vessels

VII
Definition of Terms:

A.        Port State Control. Measure adopted by a port State to
ensure that foreign-flag vessels visiting its ports possess the relevant
certificates and documents required by the Conventions and that the
crew and the overall condition of the ship, its equipment, machinery
spaces and accommodation, and hygienic conditions on board, meets the
provisions of the relevant instruments.

B.        Port State. The State whose port or offshore
installation is visited by a ship flying the flag of another State for
the purpose of trade.

C.        Party. A State that has adopted a Convention through
ratification or accession hence, the provisions of that Convention are
applicable to ships carrying the flag of that State.

D.        Authority. The Agency duly empowered by the port State
to enforce and implement PSC functions. In the Philippines, the
Philippine Coast Guard is the PSC Authority.

E.        Clear grounds. Evidence that the ship, its equipment or
its crew do not correspond substantially with the requirements of the
relevant Conventions or that the Master or crew are not familiar with
essential shipboard procedures relating to the safety of ships or the
prevention of pollution.

F.         Deficiency. A condition found not to be in compliance with the requirements of the relevant Convention or Code.

G.        Detention. Intervention taken by the port State when the
condition of the ship or its crew does not correspond substantially
with the applicable Conventions or Codes to ensure that the ship will
not sail until it can proceed to sea without presenting a danger to the
ship or persons on board, or without presenting an unreasonable threat
or harm to the marine environment.

H.        More detailed inspection. An inspection conducted when
there are “clear grounds” for believing that the condition of the ship,
its equipment, or its crew does not correspond substantially with the
particulars of the certificates.

I.          Stoppage of an operation. Formal prohibition against a
ship to continue an operation due to an identified deficiency(ies),
singly or together, render the continuation of such operation hazardous.

J.         Sub-standard ship. A ship whose hull, machinery,
equipment or operational safety is substantially below the standards
required by the relevant Convention or whose crew is not in conformance
with the safe manning document.

K.        Valid certificate. A certificate that has been issued
directly by a Party to a relevant Convention or on its behalf by a
recognized organization after survey to a ship, which satisfies the
requirements of the relevant Conventions governing its construction and
operation.

L.         Recognized organization. An organization that meets the
relevant conditions set forth by IMO Resolution A.739(18) duly
authorized by a flag State Administration through delegation to provide
the necessary statutory services and certification to ships entitled to
fly the flag of the Administration.

M.        Asia-Pacific Computerized Information System (APCIS). A
system established for the purpose of exchanging information on port
State inspections, in order to:

1.       Make available to Authorities information on
inspections of ships in other regional ports to assist them in their
selection of foreign flag ships to be inspected and their exercise of
port State control on selected ships.
2.       Provide effective information exchange facilities regarding port State control in the region.

N.      Virtual National Center (VNC) Philippines. Repository of
PSC reports submitted by PCG PSC units, which is activated in the
Asia-Pacific Computerized Information System (APCIS) database. Only PCG
units can access this with strict observance of log-in name and password
confidentiality. The communications flowchart for reporting to the VNC
is set out in Annex 1.

O.        Associate Member, Philippine Coast Guard Auxiliary
(PCGA) personnel duly designated and appointed as part of PSC Team to
perform PSC inspections, subject to certain limitations.

VIII
General Provisions

A.        RA 5173 vested the PCG with the authority to conduct
vessel inspections including all foreign-flagged vessels for the
promotion of safety of life and property at sea, control and prevention
of marine pollution and verification of compliance with the minimum
standards of training and social condition of officers and crew on board
the ships.

B.        PSC inspections shall be undertaken on the basis of:

1.    the initiative of the Party (through the PCG as the PSC Authority);
2.    the request of, or on the basis of, information regarding a
ship provided by another Party to a relevant Convention; and,
3.    information regarding a ship provided by a member of the
crew, a professional body, an association, a trade union or any other
individual with an interest in the safety of the ship, its crew and
passengers, or in the protection of the marine environment.

C.        Port State Control shall be carried out by qualified PCG
personnel duly appointed by the Commandant, PCG (through issuance of
HPCG orders) as Port State Control Officers (PSCOs) and those from the
PCGA who are given appointments in the PCG as Associate Members, subject
to certain limitations. PCG personnel shall be initially assessed and
issued appointment orders by District Commanders prior to their
endorsement to CPCG for confirmation and issuance of CPCG appointment
orders as PSC inspectors. PCGA Associate Member appointment shall also
be covered by HPCG orders. In carrying out PSC functions, both PSCOs and
Associate Members should be conversant with the guidelines set forth in
this Memorandum-Circular, the current Asia-Pacific Region PSC Manual,
IMO and ILO Conventions, and other relevant instruments.

D.        PCGA Squadron Commanders shall nominate to the PCG
District Commanders PCGA personnel to be appointed as PSC Associate
Members. The nomination form shall be in accordance with Annex 2, which
shall be filled out by each nominee and properly endorsed by the PCGA
Squadron Commander. PCG District Commanders shall collect and collate
all nominations and forward them to the Commandant, PCG (Attention:
CG-8).

E.        A PCGA Associate Members Selection Board (hereinafter
referred to as the Board) is hereby created at HPCG composed and
designated as follows:

F.         The Board shall deliberate on the nominations forwarded
by PCG District Commanders. They shall select the most qualified PCGA
personnel and recommend to the Commandant, PCG their appointment as
Associate Members in the appropriate PSC Centers and Divisions. In their
deliberations, the Board should be guided by Chapter 2.5:
“Qualification and Training Requirements of PSCOs” of IMO Resolution
A.787 (19), which provides the following:

1.    The PSCO should be an experienced officer qualified as flag State surveyor.
2.    The PSCO should be able to communicate in English with the key crew.
3.    Training should be provided for PSCOs to give the necessary
knowledge of the provisions of the applicable Conventions, which are
relevant to the conduct of port State Control, taking into account the
latest IMO Model Courses for port State Control.
4.    In specifying the qualifications and training requirements
for PSCOs, the Administration should take into account, as appropriate,
which of the internationally agreed instruments are relevant for the
control by the port State and the variety of types of ships, which may
enter its ports.
5.    PSCOs carrying out inspections of operational requirements
should be qualified as: a Master or Chief Engineer and have appropriate
seagoing experience, or have qualifications from an institution
recognized by the Administration in a maritime related field and have
specialized training to ensure adequate competence and skill, or be a
qualified officer of the Administration with an equivalent level of
experience and training, for performing inspections of the relevant
operational requirements.
6.    Periodical seminars for PSCOs should be held in order to
update their knowledge with respect to instruments related to port State
control.

G.        In addition, the Board should ensure that the nominated
Associate Members have no commercial interest, either in the port of
inspection or in the ships inspected.

H.        A contract of undertaking in accordance with Annex 3
should be executed by individual PCGA personnel upon approval by CPCG
(through the recommendation of the Board) of their nomination as PSC
Associate Members in the appropriate PSC Centers and Divisions. The duly
signed contract of undertaking shall be forwarded by District
Commanders to HPCG for the endorsement of CG-8 for the issuance of
appointment orders by the Coast Guard Adjutant (CGA), in coordination
with CG-1.

I.          PSC Associate Members from PCGA shall perform PSC
functions under the direct authority of the PSC Center or Division
Commander where they are appointed. Their participation in this activity
is governed particularly by the guidelines set forth in the contract of
undertaking and this Memorandum Circular.

IX
Procedures:

A.        PSC Centers and Divisions in each international port
shall coordinate with the local port authority/operator for the
availability of a copy of the daily or weekly shipping schedule
(whichever is applicable).

B.        At the earliest possible opportunity, PSCOs/Associate
Members (hereinafter referred to as PSC team) should ascertain the year
of build and size of the ship to be inspected for the purpose of
determining which provisions of the Conventions are applicable. Before
boarding, the PSC Team should check the condition of the mooring lines,
gangway arrangements, general condition of the hull and if the load line
is properly marked on the ship’s sides.

C.        Upon boarding, the PSC Team should notify the Master, or
in his absence, the senior deck officer on board on the purpose of the
visit. Then the PSC Team should seek information as to when the last PSC
inspection of the ship took place and if undertaken within the last six
months, ask to see the report of that inspection. If the report was
satisfactory, no further action should be taken. If the report showed
some deficiencies, the inspection should normally be confined to
checking that appropriate actions have been taken on the deficiencies
noted in the previous inspection.

D.        As warranted, no further action shall be taken if the
previous deficiencies have been rectified. In both cases, the PSC Team
shall depart without delay. If, however, the previous deficiencies
remain uncorrected, the PSC Team shall take note of the deficiencies and
proceed with its inspection, furnishing the port State that conducted
the previous PSC inspection a copy of the new Report of Inspection
(Annex 4.1 — Form A and Annex 4.2 — Form B). Use of the APCIS is
encouraged to facilitate this process.

E.        If the ship has not undergone an inspection within the
last six months, the PSC Team should proceed in verifying all the
required certificates/documents and in the conduct of a cursory
inspection as warranted. If the inspection is satisfactory, the
appropriate form (Form A) shall be filled up. After furnishing the
Master or senior officer on board a copy of the inspection report, the
PSC Team should depart without delay.

F.         If the ship does not carry valid certificates, or if
the PSC Team, from general impressions or observations on board, has
“clear grounds” for believing that the condition of the ship or its
equipment does not correspond substantially with the particulars of the
certificates, or that the Master or crew is not familiar with essential
shipboard procedures, a more detailed inspection should be carried out
as described in Chapter 3 of the Asia-Pacific Region PSC Manual and
using the applicable provisions of the check-list for PSC inspections
set forth in Annex 5. Forms A and B shall be accomplished. The PSC Team
shall likewise advise the Master, local agent, local Classification
Society representative and the local flag State representative (Consul),
wherever possible, of the impending detailed inspection and the result
thereof, copy furnished the concerned District/Station Commanders and
CPCG (Attention: AC of S, CG-8/Dir, CGOC).

G.        The PSC Team shall require the deficiencies to be
corrected before a specified time and impose operational restrictions in
the interim or continuously detain the ship until the major
deficiencies are corrected. If minor deficiencies are found but are
deemed not to endanger the ship, the people on board and the environment
such that she may be allowed to proceed to the next port of call, the
PSC Team shall inform the port State next to be visited by the ship
using the form in Annex 6. A copy of the form shall also be forwarded to
the District/Station Commanders concerned and the CPCG (Attention: AC
of S, CG-8) when there is failure in posting of same at the VNC
Philippines.

H.        Guidelines for the detention of ships are as follows:

1.    When deciding whether the deficiencies found in a ship are
sufficiently serious to merit detention, the PSC Team should assess
whether:

a.         the ship has valid documentation; and
b.         the ship has the crew required in the minimum Safe Manning Document.

2.    During the inspection, the PSC Team should further assess
whether the ship and/or crew, throughout its forthcoming voyage, will be
able to:

a.         navigate safely;
b.         safely handle, carry and monitor the condition of the cargo;
c.         operate the engine room safely;
d.         maintain proper propulsion and steering;
e.         fight fires effectively in any part of the ship if necessary;
f.          abandon ship speedily and safely, and effect rescue if necessary;
g.         prevent pollution of the environment;
h.         maintain adequate stability;
i.          maintain adequate watertight integrity;
j.          communicate in distress situations if necessary; and
k.         provide safe and healthy conditions on board.

3.    If the result of any of these assessments is negative
taking into account all deficiencies found, the ship should be strongly
recommended for detention. A combination of deficiencies of a less
serious nature may also warrant the detention of the ship.

4.    Further to the above, listed hereunder are the additional guidelines for detentions:

a.         length and nature of the intended voyage or service;
b.         whether or not the deficiency poses a danger to the ship, persons on board, or the marine environment;
c.         whether or not appropriate rest periods of the crew can be observed;
d.         size and type of ship and equipment provided; and,
e.         nature of cargo.

I.          The PSC Center/Division shall coordinate with the
Philippine Ports Authority (PPA) for the latter to hold the departure of
a detained vessel until the PSC Center/Division Commander duly clears
that vessel.

J.         In cases of ships carrying dangerous goods, the PSC
Team may require the inspection of the following, pursuant to Regulation
VII/5, SOLAS 74/78, as applicable:

1.    A special list of dangerous and hazardous cargo manifest
setting forth the dangerous goods on board and the location thereof.
2.    A detailed stowage plan, which identifies the cargoes by
class and sets out the location of all dangerous goods on board.

The absence of either of these documents will be a sufficient
reason for the PSC Team to hold the vessel until they are both submitted
accordingly.

K.        After the PSC inspections, the Master of the vessel
inspected shall be required to accomplish the Certificate of Orderly
Inspection (Annex 7 — Form D). This will be followed by the proper and
courteous departure of the PSC Team.

L.         Re-inspection of vessels detained by a PSC
Center/Division shall be conducted on the date and time requested in
writing by the vessel’s owner, his authorized agent or the vessel’s
Master for verification of the rectification of deficiencies found
during the PSC inspections. No re-inspection fee shall be collected.

X
Responsibilities

A.        The Commanders of Coast Guard Districts shall be
responsible for the implementation of this Memorandum-Circular and shall
ensure:

1.    Proper coordination and information dissemination, particularly with PPA and local shipping agents.
2.    Positive control and supervision over PSC Teams and proper conduct of inspections.
3.    Expeditious submission of reports, as required.
4.    Collection and collation of PCGA Associate Member nomination
forms and their subsequent submission to CPCG (Attn: AC of S, CG-8).
5.    Submission by PSC Centers and Divisions of accomplished PSC
forms and inspection reports to HPCG (Attention: AC of S, CG-8) if
reports have not been posted in the Virtual National Center Philippines
(APCIS).
6.    Proper maintenance of PSC records aboard District and Station offices.
7.    Initial issuance of District appointment orders for PCG
personnel assessed to be qualified PSC inspectors, prior to their
submission to CPCG (Attn: CG-8) for confirmation and issuance of CPCG
appointment orders.

B.        The PSC Center/Division Commander shall undertake the following:

1.    Proper coordination and information dissemination, particularly with PPA and local shipping agents.
2.    Proper conduct of PSC inspections and accomplishment of
required reports including those that are required to be posted at VNC
Philippines.
3.    Submission of reportorial requirements to CPCG (Attention:
AC of S, CG-8) as stipulated herein in accordance with para X.A(5).
4.    Forwarding of copies of reports and appropriate notices to
the District Commander, Master of the vessel, local shipping agent
concerned/owner’s representative, local Classification Society
representative concerned, and local office of the flag State whose flag
the vessel is entitled to fly (Consul). The Coast Guard Operations
Center (CGOC) shall likewise be furnished copies of PSC reports in cases
of vessel detentions in accordance with HPCG SOP No. 01-00 dated 11
February 2000.
5.    Close supervision of PSCOs and Associate Members relative to their conduct, competence, and efficiency.

C.        AC of S, CG-8/Director, PSC Central shall undertake the following:

1.    Monitoring of the general conduct of PSC inspections in the country.
2.    Approval and forwarding of relevant PSC reports to the IMO
and the Tokyo MOU Secretariat including those being sent to the
Asia-Pacific Computerized Information System (APCIS) database in
Vladivostok, Russia.
3.    Maintenance and updating of all PSC records and reports aboard CG-8 Office.
4.    Maintenance of close coordination with IMO Tokyo MOV Secretariat and other members of the Tokyo MOU.
5.    Periodic review of existing PSC regulations and procedures.
6.    Review of qualifications and subsequent endorsement for the
confirmation by CPCG of appointment orders of qualified PSCOs.
7.    Carefully screen for completeness of entries the Associate
Member nomination forms submitted by the PCG District Commanders and
direct the Deputy, CG-8 to prepare the administrative requirements
necessary for the deliberation of the Board.
8.    Assessment of PCG personnel with District appointment orders
as PSC inspectors and recommendation for issuance of CPCG appointment
order.
9.    Programming of training of PSCOs through the Coast Guard
Training Center (CGTC) and other local and foreign training centers and
agencies, in coordination with AC of S, CG-7. Training of Associate
Members shall be addressed in coordination with the concerned PCGA
squadron.
10.  Monitor the status of vessels detained until they are cleared for their next voyages.

XI
Penalty Clause:

A.        PCG personnel who fail to perform properly their duties
and responsibilities as PSCOs including, but not limited to, the
causation of unreasonable delay to ships inspected, and/or those whose
actions violate the integrity of an inspection shall be punished in
accordance with existing applicable regulations.

B.        The appointment orders of PCGA Associate Members found
in violation of the relevant provisions of this Memorandum-Circular
related to their participation in PSC inspections including, but not
limited to, failure in maintaining the integrity of an inspection, shall
be immediately terminated without prejudice to filing of appropriate
administrative and/or criminal charges and the payment of all damages
incurred resulting from such violations. Likewise, their appointment to
the PCGA shall be subjected for review to determine their suitability to
stay in the service of the PCGA.

XII
Rescission Clause:

Memorandum-Circular No. 08-96 dated 18 November 1996 is hereby rescinded.

XIII
Effectivity:

This Memorandum Circular shall take effect fifteen (15) days after
its publications in the Official Gazette or in a newspaper of general
circulation.

Adopted: 28 Sept. 2000

(SGD.) EUCEO E. FAJARDO
RADM PCG