TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(HEADQUARTERS PHILIPPINE COAST GUARD)
139 25th Street, Port Area
Manila

14 October 2005

MEMORANDUM CIRCULAR)
:
NUMBER . . . . . . . . 02-2005)

PREVENTION OF POLLUTION BY GARBAGE FROM SHIP

1. AUTHORITY:

a. Executive Order No. 292
b. Presidential Decree No. 5173
c. Presidential Decree No. 600
d. Presidential Decree No. 979
e. Annex V of the International Convention for the Prevention of Pollution from Ships, MARPOL 73/78

2. PURPOSE:

The purpose of this Memorandum Circular is to provide implementing rules to prevent pollution by garbage from ships within the territorial and arch pelagic waters of the Philippines.

3. SCOPE:

This Memorandum Circular shall apply to all Philippine registered vessels engaged in international or domestic trade and to all small crafts within the Philippine territorial and arch pelagic waters.

4. DEFINITION OF TERMS:

a. Waste - unnecessary or superfluous matters, which are to be discarded. For purposes of this Circular, the term “wastes” shall be used synonymously with the term garbage.

b. Food Wastes - any spoiled or unspoiled victual substances, such as fruits, vegetables, dairy products, poultry, meat products, food scraps, food particles and other matter contaminated by these substances, generated aboardship, principally in the galley and dining areas.

c. Plastic - solid material containing one or more synthetic organic high polymers and which is formed/shaped by heat and/or pressure either during the manufacture of the polymer or the fabrication into a finished product, have material properties ranging from hard and brittle to soft and elastic, and is used for marine purposes including, but not limited to packaging, ships construction, disposable eating utensils, bags, sheeting, floats, fishing nets, strapping bands, rope and line.

d. Domestic Waste - all types of food waste and wastes generated in the living spaces on board the ship.

e. Cargo-Associated Waste - any matter which have become waste as a result of cargo stowage and handling, including, but not limited to dunnage shoring, pallets, lining and packing materials, plywood, paper, cardboard, wire and steel strapping.

f. Maintenance Waste - any matter collected by the engine and deck department while maintaining and operating the vessel, such as soot, machinery, deposits, scraped paint, deck sweeping, wiping waste and rags, etc.

g. Operational Waste - all cargo associated with maintenance waste and cargo residues.

h. Dishwater - residue from the manual or automatic washing of dishes and cooking utensils which have been pre-cleaned to the extent that any food particles adhering to it would not normally interfere with the operation of automatic dish washers.

i. Cargo Residues - remnants of any cargo material on board that cannot be placed in proper holds or which remains in cargo holds or elsewhere after unloading procedures have been completed.

j. Fishing Gear - any device or part thereof that may be placed in the water for the purpose of capturing, or controlling for subsequent capture, living marine or freshwater organisms.

k. Special Permit - a document issued by the Philippine Coast Guard in favor of ship operators and shipyards, granting the latter the authority to dump wastes/garbage into the sea or any body of water within the territorial jurisdiction of the Philippines, subject to specified conditions prescribed by PCG rules and regulations on dumping and discharge of waste and other harmful matters.

l. Special Area - a body of water, which due to recognized technical reasons in relation to its oceanographic and ecological condition and strategic importance, is deemed subject to special control.

m. Reception Facility - refers to a port garbage discharge
reception facility provided by the Philippine Ports Authority (PPA) or a mobile discharge reception service provided by, or approved contract with or a permit issued by the PPA, Environmental Management Bureau (EMB) or the Department of Environment and Natural Resources (DENR), as the case may be.

5. POLICIES:

a. Prohibitions: It shall be unlawful for any person to dispose into any body of water within the Philippines:

(1) Any material made of plastic including, but not limited to synthetic fishing nets and plastic garbage bags; or

(2) Any domestic, cargo-associated, maintenance and/or operational waste.

b. Exceptions: The prohibitions in the preceding paragraph shall not apply in the following instances:

(1) Disposal of garbage into any body of water shall be done at the nearest land in accordance with Annex 1.

(2) Disposal of garbage resulted as a consequence of damage to the ship arising from accidents like collision at sea, sinking and/or grounding as a result of force majeure or if the disposal appears to be the only way of averting grave, real and imminent danger to life or property, provided that the damage caused by reason of the disposal is less than would have otherwise occurred.

(3) Disposal into any body of water of harmful substances or wastes containing substances is allowed by a Special Permit issued by Commandant, PCG in accordance with PCG rules governing the dumping and discharge of waste and other harmful matters. In no case shall any form of discharge be made in the Special Areas.

6. Requirements

a. Ship Operators

(1) Minimize the generation of garbage by limiting the taking aboardship of potential garbage.

(2) Replace disposable plastic sheeting used for cargo protection with permanent, re-useable covering materials.

(3) Adapt storage systems and a method that shall promote the re-use of covering, dunnage, shoring, dining and packing materials

(4) Dispose garbage at the port reception facilities and retain on board appropriate facilities to be approved by the PCG, for the discharge of garbage on Philippine waters.

(5) Utilize comminuters or grinders capable of passing through a screen with an opening not greater than twenty-five (25) millimeters before disposal.

(6) Develop waste management plans and submit it to the Commander, Marine Environmental Protection Command for approval. Once approved, the plan shall be incorporated into the crew and vessel operating manuals.

b. Vessels

(1) Plastic garbage shall be disposed at port reception facilities.

(2) Every vessel shall have a shipboard team responsible for proper handling and storing garbage.

(3) Passengers shall be briefed on the shipboard garbage disposal system.

(4) A summary of the restrictions regarding the discharge of garbage from ships shall be permanently posted on board in a conspicuous place.

(5) Officers on board and/or the crew shall assist in the recovery and proper disposal of potentially harmful garbage.

(6) A garbage disposal logon the following matters shall be maintained on board:

(a) Loss of fishing gears

(b) Discharge of cargo residues

(c) Discharge at port reception facilities

(d) Discharge of garbage at sea

(7) There shall be adequate and appropriate garbage containers aboardship

c. Others

(1) Shipyards shall provide reception facilities and/or services for garbage and other form of refuse from ship calling in for repairs.

(2) Port authorities shall provide appropriate reception facilities for vessel calling in their ports.

7. PENALTIES:

Any person who shall be found to have violated any of the provisions of this Circular shall be liable to pay the administrative fine in the amount of Ten Thousand Pesos (P10,000.00), without prejudice to civil and/or criminal action(s) which the PCG may file against the violator whenever warranted.

8. REPEALING CLAUSE:

Memorandum Circular No. 03-2001 dated 15 June 2001 entitled Prevention of Pollution by Garbage from Ship is hereby repealed.

9. EFFECTIVITY:

This Memorandum Circular shall take effect after fifteen (15) days after publication in the Official Gazette or in the newspaper of national circulation in the Philippines.

ARTHUR N GOSINGAN
VADM PCG
Commandant, PCG

ANNEX I

Illegal to Dump Illegal to Dump Illegal to Dump Illegal to Dump
Philippine Lakes, Rivers Bays, Sounds and 3 miles (3 to 12 miles) (12 to 25 miles) (outside 25 miles)

Plastic & Garbage Plastic Dunnage, Plastic Dunnage, Plastic and the like
Paper lining & packing materials lining & packing
Metal the float. Also if not found materials that float
Rags to less than one inch:
Crockery Paper
Glass Crockery
Dunnage Rags
Metals
Glass
Food

ANNEX II

MATTERS THAT MAY NOT BE DUMPED

Philippine Lakes, 3 to 12 miles 12 to 25 miles outside 25 miles
Rivers Bays, Sounds and 3 miles

Plastic & Wastes Plastic Plastic Plastic and similar matter
Paper Dunnage Dunnage
Metal Lining Lining
Rags Packing materials that float Packing materials that float
Crockery If not found to less than
Glass one (1) inch:
Dunnage Paper
Crockery
Rags
Metals
Glass
Food