NTC Memorandum Circular No. 09-09-2004

(NAR) VOL. 15 NOS. 3-4 / JULY - SEPTEMBER 2004

[ NTC MEMORANDUM CIRCULAR NO. 09-09- 2004, September 13, 2004 ]

GUIDELINES FOR THE IMPLEMENTATION OF SOLAS CONVENTION AMENDMENT REQUIRING AUTOMATIC IDENTIFICATION SYSTEM (AIS) AND INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE (ISPS)

Pursuant to Act 3846, as amended, Executive Order No. 546, and in conformity with the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended, the National Telecommunications Commission hereby promulgates the following guidelines for the implementation of SOLAS Chapter V/Regulation 19 and Chapter XI-2/Regulation 6.

A. OBJECTIVES 1. To provide specific guidelines in the implementation of security measures in accordance with SOLAS 1974, as amended, specifically on: 1.1 Chapter V/Regulation 19 concerning Carriage Requirement for Shipborne Navigational Systems and Equipment for Automatic Identification System; and 1.2 Chapter XI-2/Regulation 6 on the provision of Ship Security Alert System 2. To enhance maritime safety and security on board Philippine Registered Ships.

B. COVERAGE 1. All Philippine Registered Ships engaged in international voyages 2. Philippine Registered Ships primarily documented for domestic trade but temporarily allowed by the Administration in coordination with the Commission to undertake international voyages.

C. DEFINITION OF TERMS

1. Administration - refers to the Maritime Industry Authority (MARINA) 2. Commission - refers to the National Telecommunications Commission (NTC) 3. Convention - means the International Convention for the Safety of Life at Sea,1974, as amended.

4. Code - refers to the International Shipping and Port Facility Security (ISPS) Code 5. Company - refers to the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the ship owner and who upon assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the Code.

6. Ship - refers to Philippine registered ships engaged in international voyages and covered by this Circular.

7. Automatic Identification System (AIS) - a device which indicates the ship's identity, type, position, course, speed, navigational status and other safety related information to appropriately equipped shore stations, other ships and/or aircraft.

8. Ship Security Alert System (SSAS) - is a system that when activated, will initiate and transmit a ship-to-shore security alert to a competent authority designated by the Administration, identifying the ship; its location; and indicating that the ship is under threat or has been compromised.

D. GENERAL PROVISIONS D.1 Automatic Identification System (AIS)

1. All ships covered by this Circular shall be fitted with AIS in accordance with the following schedule: Construction Date Type of Size/Gross Implementation Date Vessel Tonnage Ships constructed on or Passenger Irrespective of Upon construction after 01 July 2002 Ships size Cargo Ships 300 GT and Upon construction upwards Ships constructed before Passenger Irrespective of Not later than 01 July 01 July 2002 Ships size 2003 Tankers 300 GT and Not later than the upwards first survey for safety * equipment on or after 01 July 2003 Other Ships 50,000 GT and Not later than 01 July upwards but 2004Other Ships 300 GT upwards Not later than the less than 50,000 first survey for safety GT equipment* after 01 July 2004 or by 31 December 2004 whichever occurs earlier * The first survey of safety equipment means the first annual survey, the first periodical survey or the first renewal survey for the safety equipment whichever is due first after 01 July 2004, and, in addition, in the case of ships under construction, the initial survey.

2. The AIS shall: 2.1 provide automatically to appropriately equipped shore stations, other ships and aircraft information, including the ship's identity, type, position, course, speed, navigational status and other safety related information; 2.2 receive automatically safety related information from similarly fitted ships; 2.3 monitor and track ships; and 2.4 exchange data with shore-based facilities.

3. A ship may be exempted from the requirement of this Circular provided the ship will be taken permanently out of service within two (2) years after the implementation date. For this purpose, the company operating such ship shall submit an undertaking attesting to such fact. D.2 Ship Security Alert System 1. All ships covered by this Circular shall be provided with a ship security alert system in accordance with the following schedule: Construction Date Implementation Date 1. Ships constructed on or after 01 July Upon construction 2004 2. Ships on international voyages constructed before 01 July 2004a. passenger ships/including high speed Not later than the first survey of the craft irrespective of size radio installation after 1 July 2004 b. oil tankers, chemical tankers, gas Not later than the first survey of the carriers, bulk carriers and cargo high radio installation after 1 July 2004 speed crafts of500 GT and upwards c. other cargo ships of 500 GT and Not later than the first survey of the upwards and mobile offshore drilling radio installation after 1 July 2006 units 2. The ship security alert system, when activated shall: 2.1 initiate and transmit a ship-to-shore security alert to a competent authority designated by the Administration and to the company operating the ship, identifying the ship, its location and indicating that the security of the ship is under threat or it has been compromised; 2.2 not send the ship security alert to any other ships; 2.3 not raise any alarm on-board ship; and 2.4 continue the ship security alert until deactivated and/or reset.

3. The ship security alert system shall: 3.1 be capable of being activated from the navigation bridge and in at least one other location; and 3.2 conform to performance standards not inferior to those adopted by the International Maritime Organization (IMO).

4. The ship security alert system shall be designed so as to prevent the inadvertent initiation of the ship security alert.

5. The requirement for a ship alert system may be complied with by using the radio installation fitted for compliance with the requirements of Chapter IV on Radio Communications of SOLAS 1974, as amended, provided all requirements of this Circular are complied with.

E. LICENSING REQUIREMENT 1. The operation of AIS and SSAS must be covered with appropriate permits and licenses as provided under existing rules and regulations.

2. Fees and charges shall be collected in accordance with MemorandumCircular No. 19-12-2000 dated 12 December 2000. Fees Automatic Identification System Ship Security Alert (PHP) System (PHP) Filing Fee 180.00 180.00 Permit to 96.00 360.00 Purchase Permit to 60.00 360.00 Possess Construction 1200.00 1200.00 Permit Radio Station Shall be collected a Modification Fee 1440.00 License of PHP180.00 prior to inclusion to Ship Station License. Inspection Fee Fee shall be inclusive to the 1200.00 inspection fee of the Ship Station License.

F. ADMINISTRATIVE SANCTIONS A company who violated any provisions of this Circular, after due notice and hearing, shall be imposed appropriate administrative and penal sanctions in accordance with the existing laws, rules and regulations. First Offense - PHP 5, 000.00 Second and Succeeding Offense - PHP 10, 000.00 G. REPEALING CLAUSE All memorandum circulars, rules and regulations and other issuances inconsistent with this Memorandum Circular are hereby amended, repealed or modified accordingly.

H. EFFECTIVITY This Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified true copies furnished the UP Law Center. Adopted: 13 September 2004(SGD.) RONALD OLIVAR SOLIS Commissioner

(SGD.) KATHLEEN G. HECETA (SGD.) JORGE V. SARMIENTO Deputy Commissioner Deputy Commissioner