Republic of the Philippines.
HOUSE OF REPRESENTATIVES ACREPRESS

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pare, 22 SEP 2 SEP 2013 “4

SIXTEENTH CONGRESS
First Regular Session

House BillNo.__ 2664

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE PENALTIES
THEREFOR, AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

Our country’s coastal and marine ecosystems cannot be taken for granted
especially in an archipelagic country like the Philippines. Naturally endowed with rich
and vast marine resources, its management and protection cannot be undermined
especially with a marine area measuring about seven times its land area. The country
has a total territorial water area of about 2,200,200 sq. km., shelf area of about 184,600
sq. km. coral reef area of about 27,000 sq. km. and coastline of about 17, 460. The
coastal and marine ecosystems provide food, raw materials, and ecological balance.
We also have the richest marine biodiversity in the world with around 2,500 fish species.
A square kilometer of coral reefs translate into 210,000 tons of fish and other marine
products a year. From a hectare of mangroves, 12.5 cubic of fuel wood and 800
kilograms of fish, shrimps, crabs and mollusks can directly be harvested. These figures
from the Bureau of Fisheries and Aquatic Resources (BFAR) only prove that wanton
disregard for our coastal and marine ecosystems will be costly.

Unfortunately, the above-mentioned marine resources suffer many threats as the
quality of our coastal water continuously deteriorates over time. One major cause of
such degradation comes from shipping operations which account for 12% of total
sources of marine pollution according to Greenpeace International.


Accordingly, this proposal seeks to prevent and control pollution sourced from
ships by enacting a national legislation that would implement the International
Convention for the Prevention of Pollution from Ships of 1973, as modified by the
Protocol of 1978 relating thereto, otherwise known as MARPOL 73/78, to which the
Philippines is a signatory.

This bill covers the different types of ship-generated pollution such as oil
pollution, pollution from chemicals carried in bulk, pollution from packaged goods,
pollutions sewage, pollution from garbage and air pollution from ships. It intends to
achieve elimination of intentional pollution of the marine environment by oil and other
harmful substances and the minimization and control of accidental discharge of such
substances

We therefore enjoin our colleagues to ensure the immediate enactment of this
measure.

DIOSDADO re AL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No._2664

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE PENALTIES.
THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Ship Pollution
Prevention and Control Act of 2013."

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State
to prevent and control pollution resulting from the operations of ships, which create
hazards to human health, harm and destroy living resources and marine life, damage
amenities, or interfere with the legitimate uses of the territorial waters and the exclusive
economic zone of the Philippines.

CHAPTER II
DEFINITION OF TERMS
SECTION 3. Definition of Terms. — As used in this Act:

(a) “Department” means the Department of Transportation and Communications
(DOTC);


(b) “Discharge” means, in relation to harmful substances or effluents containing
such substances, any release, however caused, from a ship, and includes any
escape, disposal, dumping, spilling, leaking, pumping, emitting or emptying;

(c) “En route” means that the ship is under way at sea on a course, or courses,
which so far as practicable for navigational purposes will cause any discharge to
be spread over as great an area of the sea as is reasonably practicable;

(d) “Exclusive Economic Zone” means such areas as defined in the United
Nations Convention on the Law of the Sea of 1982 that extends beyond and
adjacent to the territorial sea of the Philippines as that definition may be affected
by other’ regional or international treaties to which the Philippines is a party.

(e) ‘Harmful substance” means any substance which, if introduced into the sea,
is liable to create hazards to human health, to harm living resources and marine
life, to damage amenities or to interfere with other legitimate uses of the sea, as
may be declared harmful or hazardous to human and marine life under the laws
of the Philippines, and includes any substance subject to control under this Act;

(f) “Incident” means an event involving the actual or probable discharge into the
sea of a harmful substance, or effluents containing such a substance;

(@) “Marine Casualty” means any accident at sea involving a ship which could
result in an incident;

(h) "Nearest land means from the baseline from which the territorial sea of the
territory in question is established in accordance with international law;

(i) Oil tanker’ means a ship constructed or adapted primarily to carry oil in bulk
in its cargo spaces and includes combination carriers and any “chemical tanker”
as defined hereunder when it is carrying a cargo or part cargo of oil in bulk;

(i) ‘Philippine Ship" means a ship registered under the laws of the Republic of the
Philippines and entitled to carry the flag of the Philippines;

(k) “Reception facility’ means any facility used for the reception of oil, noxious
liquid substances, sewage or garbage from ships at a port or terminal;

(|) “Secretary” means the Secretary of the Department of Transportation and
Communications (DOTC);

(m) “Segregated ballast’ means the ballast water introduced into a tank which is
completely separated from the cargo oil and oil fuel system and which is
permanently allocated to the carriage of ballast or to the carriage of ballast or
cargoes other than oil or noxious substances as defined in this Act.


(n) “Ship” means a vessel of any type operating in the marine environment and
includes, without limitation, pleasure craft, fishing vessels, hydrofoil boats, air-
cushion vehicles, submersibles, floating craft, drilling rigs, and fixed or floating
platforms.

(0) "Special Area” means a sea area designated as such pursuant to this Act
where, for recognized technical reasons in relation to its oceanographic and
ecological condition and to the particular character of its traffic, the adoption of
special mandatory methods for the prevention of sea pollution is required:

(p) “Ship owner" means the registered owner of the ship or any person who has
assumed the operations of the ship;

(q) “Tank” means an enclosed space which is formed by the permanent structure
of a ship and which is designed for the carriage of liquid in bulk.

(1) “Territorial Waters” means in respect of the Republic of the Philippines has the
same meaning as in the Philippine Constitution; and in respect of any other State
means the territorial sea of that State as recognized in international law;

(s) "Undue delay’ means a delay that is unreasonable and unnecessary in light of
the particular conditions of the ship, the ship's cargo, destination and schedule,
and in light of the purpose and scope of the investigation, inspection or other
cause for detaining the ship

CHAPTER Ill
SCOPE AND APPLICATION

SECTION 4. Scope and Application of the Act. - (a) Unless otherwise specified,
this Act shall apply to:

(1) All Philippine registered ships;

(2) All ships operating within the territorial waters or Exclusive Economic
Zone of the Philippines:

(b) With respect to the application of this Act to ships of States which are not
MARPOL 73/78 member States, no more favorable treatment shall be given to such
ships than is provided for under this Act

SECTION 5. Exemptions. - This Act shall not apply to warships and naval
auxiliary ships; Provided, that, government ships shall be exempted from the coverage
of this Act during emergency response cases; Provided, further, that the Maritime
Industry Authority (MARINA), Philippine Coast Guard (PCG), Philippine Ports Authority


(PPA) and other concerned agencies shall ensure that appropriate measures shall be
adopted, not impairing the operational capabilities of such ships, that such ship
operates in a manner consistent, so far as is reasonable and practicable, with this Act.

CHAPTER IV
INSTITUTIONAL ARRANGEMENTS,

SECTION 6. Roles and Responsibilities of the Department. — Unless otherwise
provided in this Act, the Department, through its attached agencies, shall be the primary
government agency responsible for the implementation and enforcement of this Act.
Specifically, the Department shall have the following roles and responsibilities:

(a) Oversee the implementation of this Act and coordinate the efforts of
concerned agencies;

(b) In coordination with the Department of Environment and Natural Resources
(DENR), the Department of Agriculture (DA), Department of Interior and Local
Government (DILG) and other relevant agencies and stakeholders, formulate a
comprehensive program to prevent or minimize marine pollution from ships;

(c) Constitute the Marine Pollution Adjudication Board (MPAB) to handle marine
pollution incidents and casualties covered by this Act subject to Section 60
hereof;

(d) Hear and decide administrative violations of this Act and impose appropriate
sanctions;

(e) Reorganize or streamline the functions of its different line, staff and attached
authorities, agencies or bureaus for purposes of the effective and efficient
implementation of the provisions of this Act; and,

(f) Exercise such powers and perform such other functions as may be necessary
to carry out its duties and responsibilities under this Act.

SECTION 7. Maritime Industry Authority (MARINA). - For purposes of this Act,
the MARINA shall perform the following duties and functions:

a) Formulate guidelines for approval of ships’ plans for installation of any fitting,
material, appliance or apparatus deemed appropriate and effective for the
prevention of any discharge of pollutant to be fitted in a ship in consonance with
MARPOL 73/78.

b) Review and revise, where appropriate, the existing system of certification,
survey, inspection and monitoring of ships, including registration of fixed, floating

4


and drilling rigs and other platforms, with respect to pollution prevention to
ensure efficiency and transparency, consistent with the overall management of
the maritime sector and in accordance with this Act and internationally accepted
system;

c) Survey the ship's structure, equipment, fittings, arrangements and materials in
compliance with the requirements and guidelines for purposes of preventing
pollution from ships;

d) Issue the required certification upon survey of the ship's structure, equipment,
fittings, arrangements and materials:

) Modify, suspend or revoke at any time, upon notice and hearing, any
certificate, it may have issued to any ship owner;

f) Recommend detention of ships in accordance with Section 56 hereof;

g) Hear and adjudicate any violation of rules and regulations of the MARINA
issued for the implementation of functions of MARINA pursuant to this Act;

h) Impose such fines and penalties on, including the revocation of certifications of
ships which shall fail to comply with requirements under this Act and its
implementing rules

i) Impose, fix, collect and receive, in accordance with the schedules approved by
its Board, such fees necessary for the survey and certification of ships pursuant
to this Act. Such fees shall be imposed and collected in order to recover the cost
for rendering the service and shall not be used in order to impose a penalty.
Excessive fees, multiple fees and duplicative fees shall at all times be avoided.

}) Issue such rules and regulations necessary to implement the provisions of this
Act: Provided, That such rules and regulations shall be in consonance with the
MARPOL 73/78 and shall not change or in any way amend or be contrary to the
intent and purposes of this

k) Provide its officers and personnel with adequate training and continuing
education to ensure an efficient and professional pollution regulatory machinery;
and

1) Exercise such powers and perform such other functions as may be necessary
to carry out its duties and responsibilities under this Act.

SECTION 8. Philippine Coast Guard (PCG). — For purposes of this Act, the PCG
shall perform the following duties and functions


a) Establish a system of inquiry and investigation on incidents for the purpose of
preliminary determination of violation of this Act;

b) Detain ships in accordance with Section 56 hereof;

c) Establish procedures for reporting incidents involving any actual or probable
discharge which may be in violation of this Act consistent with the reporting
requirements under this Act;

d) Survey the ship's structure, equipment, fittings, arrangements and materials in
compliance with the requirements and guidelines for purposes of issuance of
International Oil Pollution Prevention Certificate (IOPPC) and Oil Pollution
Prevention Certificate (OPPC);

e) Evaluate and approve shipboard oil pollution emergency plan;
f) Issue and inspect oil record book;

g) Upon inquiry or investigation, cause or recommend regulatory or other
appropriate actions to be taken in connection with any violation of the provisions
of this Act;

h) Cooperate with government of other states which are members of international
organizations on the prevention of pollution from ships concerning the detection
of violations and enforcement of this Act using all appropriate and practicable
measures of detection and environmental monitoring, adequate procedures for
reporting and accumulation of evidence;

i) Provide its officers and personnel with adequate training and continuing
education to ensure an efficient and professional pollution regulatory machinery;

j) Based on the physical, chemical and biological properties of harmful
substances, PCG shall adopt appropriate measures to regulate the washing of
leakage overboard, provided, that the compliance with such measure would not
impair the safety of the ship and persons on board.

k) Adopt a continuing information campaign on marine resources protection
aimed at developing public awareness of the health hazards and other adverse
effects of ship pollution; and

1) Exercise such powers and perform such other functions as may be necessary
to carry out its duties and responsibilities under this Act.

SECTION 9. Authority to Board and Inspect Ships. — In cases of marine disaster
within the territorial waters, or any substantial threat to public health and the marine
environment, including but not limited to coastal and aquatic resources due to a


discharge, or an imminent discharge, of large quantities of oil, noxious liquid substance
or other harmful substances from ships, the PCG may (a) coordinate and direct all
efforts towards the removal or elimination of such’ a threat, and (b) summarily remove,
by whatever means available, such ship which causes the threat.

Other than the circumstances stated in the first paragraph, the PCG is authorized
to board, inspect and survey any ship within the territorial sea and the exclusive
economic zone (EEZ) of the Philippines, enter port facilities in the Philippines, demand
the production of documents, records and other evidence, and take testimony of
witnesses under oath, for the purpose of verifying compliance with this Act.

SECTION 10. Philippine Ports Authority (PPA) and other port authorities. — For
purposes of this Act, the PPA and other port authorities shall perform the following
duties and functions:

a) Provide adequate reception facilities for oil, oily wastes, oil residues, noxious
and liquid substances, harmful substances, sewage and garbage from ships;

b) Recommend detention of ships in accordance with Sec. 56;

¢) Issue detailed requirements on packing, marking, labeling, documentation,
stowage, quantity limitations and exceptions for preventing or minimizing
pollution of the marine environment by harmful substances from ships;

d) Determine and establish the most effective and efficient means for meeting the
internationally accepted requirements with respect to reception facilities in public
and private ports;

e) Formulate and implement integrated waste management systems in ports;

f) Coordinate with DENR and concerned local government units (LGU) on the
proper handling and disposal of wastes collected at ports; and

g) Exercise such powers and perform such other functions as may be necessary
to carry out its duties and responsibilities under this Act

SECTION 11. Department of Environment and Natural Resources (DENR). — For
purposes of this Act, the DENR shall have the following powers and functions:

a) Constitute and lead the interagency committee concerning the designation of
special areas in accordance with Section 59 hereof,

b) Issue guidelines for the identification of harmful substances in packaged form.
For the purposes of this item, “harmful substances” are those substances which
are identified as marine pollutants by the DENR in consonance with international
standards; and


c) Set emission standards for ships.

SECTION 12. Role of Local Government Units. - All local government units shall,
pursuant to the pertinent provisions of the Local Government Code, assist in
implementing and enforcing this Act within their territorial jurisdictions.

CHAPTER V
PREVENTION OF POLLUTION FROM SHIPS.

Article 1. - General Provisions

SECTION 13. General Guidelines. - The MARINA shall formulate guidelines
concerning the utilization of any fitting, material, appliance or apparatus deemed
appropriate and effective for the prevention of any discharge of pollutant to be fitted in a
ship in consonance with the MARPOL 73/78.

SECTION 14. Reception Facilities. — Port authorities shall ensure the provision of
adequate port reception facilities for wastes from ships, and in so doing: (a) determine
and establish the most effective and efficient means for meeting the internationally
accepted requirements with respect to reception facilities in public and private ports; (b)
formulate and implement integrated waste management systems; and (c) coordinate
with DENR and concerned LGUs on the proper handling and disposal of wastes
collected at ports.

Such facilities shall have adequate capacity to meet the needs of the ships using
them without causing undue delay.

SECTION 15. Shipboard Garbage Management System. — All ships shall adopt
and implement their shipboard garbage management’ system ensuring that oil residues,
sewage and solid wastes are properly disposed of in compliance with National Safety
Management Code, or for ships trading internationally, in compliance with International
Safety Management Code. All ships shall put up and maintain appropriate on-board
containers, holding tanks or receptacles for oil residues, sewage and solid wastes.

SECTION 16. Mandatory Disposal of Wastes at Reception Facilities. - Upon
docking, it is mandatory for ali ships to dispose of their oil residues or oily mixture,
sewage wastes and garbage at the authorized reception facilities subject to the
integrated waste management system to be established by port authorities.

SECTION 17. Survey - MARINA, in coordination with relevant agencies, shall
survey all ships to ensure compliance with its regulations and requirements on the
structure, equipment, fittings, arrangements and materials for purposes of preventing
pollution by oil, oily mixture, oil residues, noxious and liquid substances harmful


substance, sewage and garbage from ships. For this purpose, MARINA shall establish
a system in conducting the survey of ships in consonance with the MARPOL 73/78

Except for direct replacement, no change in the ship's structure, equipment,
fittings, arrangements and materials shall be made without the approval of MARINA.

SECTION 18. Certification for Compliance. - MARINA shall issue the necessary
certification for compliance of ships with the regulations and requirements on the
structure, equipment, fittings, arrangements and materials for purposes of preventing
pollution by oil, oily mixture, oil residues, noxious and liquid substances harmful
substance, sewage and garbage from ships.

SECTION 19. Immediate Report of an Accident. - Whenever an accident occurs
to a ship or a defect is discovered which substantially affects the integrity of the ship or
the efficiency or completeness of its equipment covered by the rules and regulations of
the PCG, the master or the ship owner shall report such incident immediately to the
PCG.

SECTION 20. Obligations of the ship owner. — The ship owner is required to:

(a) Install appropriate devices or facilities on board ships for the storage or
processing of waste, such as oil, noxious liquid substances, garbage and
sewage, as may be required by regulations issued by the concerned agencies
pursuant to this Act;

(b) Comply with requirements as to the carriage of harmful substances in
packaged form as may be required by regulations issued by the concerned
agencies pursuant to this Act;

(c) Obtain appropriate certificates required by the concerned agencies pursuant
to this Act;

(d) Follow procedures or take action for the prevention of pollution from ships as
may be required by regulations issued by the concerned agencies pursuant to
this Act;

(e) Notify the PCG of any incident involving its ship or other ships in accordance
with regulations issued pursuant to this Act;

(f) Undergo immediate cleaning operations in the event of oil spill within the
country's territorial sea pursuant to applicable laws.

Article 2. - Pollution by Oil, Oily Mixture, Oil Residues

SECTION 21. Discharge of Oil, Oily Mixture, and Oil Residues. — Any discharge
into territorial waters or Exclusive Economic Zone of the Philippines of oil or oily mixture


from or out of any ship, vessel, barge, or any other floating craft, or other man-made
structures at sea, by any method, means or manner, is prohibited, except in the
following instances:

(a) when the discharge is necessary for the purpose of securing the safety of a
ship and those on board or saving life at sea; or

(b) if the discharge into the sea of oil or oily mixture results from damage to ship
or its equipment, provided that all reasonable precautions have been taken after
the occurrence of the damage or the discovery of the discharge for the purpose
of preventing or minimizing the discharge: and except if the owner or the master
acted either with intent to cause damage, or recklessly and with knowledge that
damage would probably result: or

(0) if the discharge is for the purpose of combating specific pollution incidents in
order to minimize the damage from pollution.

The MARINA shall issue guidelines on allowable discharge of oil, oily mixture
and oil residues and requirements relating to the prevention of pollution by oil from ships
including, but not limited to, retention of oil, oily wastes and oil residues or sludge,
shipboard oil pollution emergency plan, unloading arrangements, consistent with the
provisions of this Act and in consonance with the MARPOL 73/78.

SECTION 22. Discharge of Clean or Segregated Ballast or
Unprocessed/Processed Oily Mixtures. — Prohibition provided for in the preceding
section shall not apply to the discharge of clean or segregated ballast or unprocessed
oily mixtures which without dilution have oil content within the allowable standards
under applicable laws and which do not originate from cargo pump-room bilge and are
not mixed with oil cargo residues. The prohibition shall not also apply when the ship
has in operation adequate oil filtering equipment required under this Act.

SECTION 23. On-board Retaining and Discharge to Reception Facility of Oil
Residues. — Oil residues prohibited to be discharged from ships under the two
immediately preceding sections shall be retained on board and discharged to reception
facilities in accordance with this Act

SECTION 24. Oily- Water Separating Equipment and Oil Discharge Monitoring
and Control System. - For existing ships and ships of less than 400 tons gross tonnage,
alternative equipment or system approved by MARINA may be provided in lieu of the
cily-water separating equipment or unit. All new ships of 400 gross tons and above
shall be equipped with efficient oily-water separating equipment or unit. Provided, that
ships of 10,000 gross tons and above shall be fitted with oil discharge monitoring and
control system and oil filtering equipment, in addition to oily-water separating
equipment.


SECTION 25. Oil Record Book. - All oil tankers and other passenger cargo
vessels above 400 gross tons shall be provided on board with an Oil Record Book
which shall be maintained and up-dated every after any reception or transfer operation
of oil on board.

Article 3. - Pollution by Noxious and Liquid Substances in Bulk

SECTION 26. Discharge of Noxious or Liquid Substances. — Any discharge of
noxious liquid substances into territorial sea or on the bank of territorial sea whether or
not the same shall float or be washed into such water is prohibited except in cases
provided for under first paragraph of Section 21, and subject to the conditions provided
under this section and the rules and regulations issued by MARINA pursuant to this Act.

The rules and regulations on allowable discharge of noxious or liquid substances
to be issued by MARINA, in coordination with relevant agencies, shalll take into account
the MARPOL Convention and shall be subject to public hearing and consultation. Such
rules and regulations shall be reviewed five (5) years following the effectivity of this Act,
and every three (3) years thereafter or whenever it is deemed necessary to protect the
marine environment and public health:

SECTION 27. Cargo Record Book. — Every ship under this article shall be
provided with a Cargo Record Book, whether as part of the ship's official log book or
otherwise, in the form to be specified by MARINA.

Article 4. - Carriage of Harmful Substances in Packaged Form

SECTION 28. Discharge of Harmful Substances in Packaged Form. - Any
discharge by jettisoning of harmful substances carried in packaged forms, freight
containers, portable tanks, or road and rail tank wagons into territorial sea, or on the
bank of territorial sea, whether or not the same shall float or be washed into such water
is prohibited except in cases provided for under the first paragraph of Section 21

SECTION 29. Carriage of Harmful Substances in Packaged Form. - The
carriage of harmful substances in packaged forms, or in freight containers, portable
tanks or road and rail tank wagons is prohibited except in accordance with Republic Act
No. 6969 and other applicable laws, rules and regulations.

For the purposes of this article, “harmful substances” are those substances which
are identified as marine pollutants by the DENR in consonance with international
standards.

SECTION 30. Guidelines for the identification of harmful substances. — For
purposes of this Act, the DENR shall issue guidelines for the identification of harmful
substances in packaged form taking into account the following criteria:


(a) bio-accumulated to a significant extent and known to produce a hazard to
aquatic life or to human health;

(b) bio-accumulated with attendant risk to aquatic organisms or to human health
with a short retention of the order of one week or less;

(0) liable to produce tainting of seafood: and
(d) highly toxic to aquatic life, defined by a LC50/96 hour less than 1 ppm.

SECTION 31. Packing, marking, labeling, documentation, stowage, quantity
limitations and exceptions. — The PPA shall issue detailed requirements on packing,
marking, labeling, documentation, quantity limitations and exceptions for preventing or
minimizing pollution of the marine environment by harmful substances from ships. Such
packing, marking, labeling, documentation, quantity limitations and exceptions of
harmful substances shall be undertaken by the shipper in coordination with the shipping
company. The PCG shall issue detailed requirements on stowage of harmful
substances

SECTION 32. Washing of Leakage Overboard. - Based on the physical,
chemical and biological properties of harmful substances, PCG shall adopt appropriate
measures to regulate the washing of leakage overboard; Provided, that the compliance
with such measure would not impair the safety of the ship and persons on board.

Article 5. - Pollution by Sewage and Garbage from Ships

SECTION 33. Discharge of sewage. — The discharge of sewage into territorial, or
on the bank of territorial water, whether or not the same shall be washed into such
navigable water, is prohibited, except in the following cases, in addition to exceptions
provided for in the first paragraph of Section 21:

(a) the sewage escaped from the ship in consequence of unintentional damage
to the ship or its equipment, and all reasonable precautions are taken before and
after the occurrence of the damage for the purpose of preventing or minimizing
the discharge;

(b) the ship is discharging comminuted and disinfected sewage at a distance of
more than four (4) nautical miles from the nearest land, or sewage which is not
comminuted or disinfected at a distance of more than twelve (12) nautical miles
from the nearest land; Provided, that in any case, the sewage that has been
stored in holding tanks shall not be discharged instantaneously at a moderate
rate when the ship is en route and proceeding at not less than 4 knots; the proper
rate of discharge shall be approved MARINA based on international standards;
and


(c) the ship has in operation an approved sewage treatment plant or alternative
arrangements to meet the operational requirements of the PCG and other
concerned agencies issued pursuant to this Act and other applicable laws

SECTION 34. Marine Sewerage Sanitation Devices. — All new ships certified to
carry more than 50 persons or new ships of 200 gross tonnage and above shall be
provided with marine sewage sanitation devices and sewage treatment plant system in
accordance with the rules and regulations or guidelines issued by the DENR. For
existing ships of 200gross tonnage and above and carrying more than 50 persons, they
may utilize and maintain holding tanks unless otherwise disallowed under this Act and
subject to such rules and regulations as may be prescribed by the DENR.

SECTION 35. Disposal of Garbage. — Except in cases provided under this Act,
the disposal into territorial water, or tributary, or on the bank of territorial and tributary of
any navigable water, whether or not the same shall float or be washed into such
navigable water, of garbage is prohibited. All garbage from ships shall be disposed of
to port reception facilities.

SECTION 36. Garbage Comminuter and Grinder. - The disposal into the sea of
garbage may be permitted when it has passed through a comminuter or grinder,
whenever possible, and made, as far as practicable, from the nearest land subject to
rules and regulations issued by the PCG pursuant to this Act and in consonance with
the MARPOL Convention.

Article 6. - Air Pollution from Ships

SECTION 37. Ozone Depleting Substances. — Any deliberate emission of ozone
depleting substances (ODS) shall be prohibited. Deliberate emissions include
emissions occurring in the course of maintaining, servicing, repairing or disposing of
systems or equipment, except minimal releases associated with the recapture or
recycling of an ODs; Provided, that emissions resulting from leaks are likewise
prohibited. For purposes of regulating emission of ODS from ships, the DENR, in
coordination with relevant agencies, shall issue appropriate guidelines in consonance
with the MARPOL 73/78; Provided, that port authorities shall ensure that port reception
facilities and equipment shall be adequate to receive and manage ODS and equipments
containing ODS, when removed from ships.

SECTION 38. Setting allowable standards. - The DENR shall formulate and
issue allowable emission standards for ships in consonance with the MARPOL 73/78
and subject to public consultation.

CHAPTER VI
PREVENTION OF POLLUTION FROM FIXED AND
FLOATING DRILLING RIGS AND OTHER PLATFORMS


SECTION 39. Applicable Requirements for Offshore Platform. - Fixed and
floating drillings rigs when engaged in the exploration, exploitation and associated
offshore processing of seabed mineral resources and other platforms shall comply with
the requirements of this law applicable to ships of 400 gross tonnage and above other
than oil tankers, subject to the requirements and guidelines issued by the concerned
agencies pursuant to this Act and in consonance with MARPOL 73/78.

SECTION 40. Offshore Platform Discharges of Garbage. - The disposal of sewage and
garbage from fixed and floating drillings rigs referred by the immediately preceding
section, and from all other ships when along or within 500 meters of such platforms, is
prohibited; Provided, that the disposal into navigable water of food wastes may be
permitted when they have been passed through a comminuter or grinder from such
platforms located more than nautical miles from the land and all other ships when along
or within 500 meters of such platforms in accordance with the rules and regulations
issued therefor.

CHAPTER VII
PROHIBITED ACTS AND ADMINISTRATIVE SANCTIONS

SECTION 41. Discharge of Oil, Noxious or Liquid Substances and Other Harmful
Substances. - Unless otherwise allowed under this Act, no person shall discharge, or
cause the discharge of oil, noxious or liquid substances and other harmful substances,
as defined in this Act, from or out of any ship by any method, means or manner, into the
Philippine waters or EEZ. The Secretary shall impose a fine of not exceeding Ten
Million pesos (Php10,000,000.00) without prejudice to the filing of the appropriate
criminal cases under applicable laws.

SECTION 42. Dumping of Garbage or Sewage. — Unless otherwise allowed
under this Act, no person shall discharge, throw or dump, or permit the discharge,
throwing or dumping of garbage or sewage, from or out of any ship by any method,
means or manner into the into Philippines waters or EEZ. The Secretary shall impose a
fine of not exceeding Ten Million pesos (Php10,000,000.00) without prejudice to the
filing of the appropriate criminal cases under applicable laws.

SECTION 43. Carriage of Harmful Substances in Packaged Form. - Any ship
which carries harmful substances in packaged forms, or in freight containers, portable
tanks or road and rail tank wagons in violation of this Act shall be punished by a fine of
not exceeding Ten Million pesos (Php10,000,000.00) to be imposed by the Secretary on
either or both the ship owner and shipper.

SECTION 44. Absence of Shipboard Garbage Management System. — Any ship
without a shipboard garbage management system shall be liable for a fine of not
exceeding One Hundred Thousand pesos (Php100,000.00) to be imposed by the
Secretary.


SECTION 45. Refusal to Dispose Wastes at Reception Facilities. - Unless
allowed under this Act, any ship which refuses to dispose of oil residues or oily mixture,
sewage wastes and garbage at the authorized reception facilities shall be liable for a
fine not exceeding One Million pesos (Php1,000,000.00) to be imposed by the port
authority.

SECTION 46. Unauthorized change in the ship's structure, equipment, fittings,
arrangements and materials. — Unless authorized under this law, any ship owner who
made, or cause the making of changes in the structure, equipment, fittings,
arrangements and materials of the ship without the approval of MARINA shall be
punished by a fine of not exceeding One Hundred Thousand pesos (Php100,000.00) to
be imposed by the Administrator of MARINA.

SECTION 47. Operating without the required certification. - Any ship owner who.
shall allow the ship to operate without the required certification pursuant to this Act shall
be liable for a fine of not exceeding One million pesos (Php1,000,000.00) to be imposed
by the Administrator of MARINA.

SECTION 48. Failure to Report an Accident. — Any ship owner who fails to report
an accident that occurs to a ship or a defect that is discovered which substantially
affects the integrity of the ship or the efficiency or completeness of its equipment to the
PCG within twenty four (24) hours shall be punished by a fine of not exceeding One
million pesos (Php1,000,000.00) to be imposed by the PCG Commandant

SECTION 49. Absence of Oily-Water Separating Equipment and Oil Discharge
Monitoring System. — Any ship without an oily-water separating equipment or unit, or Oil
Discharge Monitoring system, when required under this Act, shall be liable for a fine not
exceeding Ten Million pesos (Php10,000,000.00) to be imposed by the Administrator of
MARINA

SECTION 50. Failure to Maintain an Oil Record Book. — Any oil tanker or
passenger-cargo vessels above 400 gross tons which does not maintain an updated Oil
Record Book on board shall be penalized with a fine not exceeding One Hundred
Thousand pesos (Php100,000.00) to be imposed by the Commandant of PCG

SECTION 51. Failure to Maintain Cargo Record Book. — Any ship which does not
maintain an Cargo Record Book on board shall be penalized with a fine not exceeding
One Hundred Thousand pesos (Php100,000.00) to be imposed by the Commandant of
PCG.

SECTION 52. Absence of Marine Sewage Sanitation Device or Sewage
Treatment Plant System. ~ Unless allowed under this Act, any ship without a marine
sewage sanitation device or sewage treatment plant system shall be liable for a fine of
not exceeding One million pesos (Php1,000,000.00) to be imposed by the Administrator
of MARINA.


SECTION 53. Deliberate Emission of Ozone Depleting Substances. — Any
person who causes the deliberate emission of ozone depleting substances (ODS) shall
be penalized by a fine not exceeding Ten Million pesos (Php10,000,000.00) to be
imposed by the Secretary.

SECTION 54. Continuing Violation. - Where an offense under this Act is a
continuing one, every person who commits that offense, in addition to any other liability,
is liable to a fine of Fifty Thousand pesos (Php50,000.00) for every day or part thereof
during which the offence continues.

SECTION 55. Obstruction of Investigation. - Any person who shall, without
justifiable reason, obstruct or hamper the conduct of investigation of a violation of this
Act, shall be liable to pay a fine not exceeding One Hundred Thousand pesos
(P100,000.00).

SECTION 56. Neglect of Duty. - Any government official or employee charged
with the responsibility of implementing the provisions of this Act, who is found guilty of
gross negligence of duty or connives with or permits the commission of any violation of
this Act, shall be dismissed from the service without possibility of reinstatement and
without prejudice to the filing of the appropriate criminal and/or administrative cases in
court.

SECTION 57. Arrest and Detention of Foreign Ships. — Any ship apprehended for
violation of this Act may be subjected to arrest and detention to be undertaken by the
PCG in coordination with MARINA.

SECTION 58. Violations of Administration Regulations. — Any person found in
violation of rules and regulations issued by concerned agencies pursuant to this Act
shall be liable to the following fines:

(1) First violation - a fine not to exceed One Hundred Thousand pesos
(Php100,000.00);

(2) Second violation - a fine more than One Hundred Thousand pesos
(Php100,000.00) but not to exceed Two Hundred Thousand pesos
(Php200,000.00);

(3) Third violation - a fine of at least Two Hundred Thousand pesos
(P200,000.00) but not to exceed One Million pesos (Php1,000,000.00) and
suspension of vessel registration for six (6) months to one (1) year;

MARINA may order the cancellation or revocation of the license or seaman's
book of any ship captain or crew who has committed more than three violations under
this Act.


The concerned agency shall promulgate rules and regulations for the summary
imposition of administrative sanctions for failure to comply with any order, decision,
ules or regulations of the Department issued pursuant to this Act.

SECTION 59. Automatic Adjustment of Penalties and Fines. — The fines
prescribed in this Act shall be automatically increased by ten per cent (10%) every three
(3) years from the effectivity of this Act

CHAPTER VIII
MISCELLANEOUS PROVISIONS

SECTION 60. Designation of Special Areas. — A committee is hereby created for
purposes of designating special areas defined under this Act in territorial waters and
EEZ. The committee shall be composed of the following

a) The Secretary of the DENR or its duly authorized representative, as
Chairperson;

b) The Secretary of the DOTC or its duly authorized representative, as Co-
chairperson;

c) The Secretary of the Department of Agriculture or its duly authorized
representative;

d) The Secretary of the Department of Foreign Affairs or its duly authorized
representative;

e) The Commandant of the PCG;

f) The Administrator of MARINA;

g) Representative of the shipping industry; and

h) President of the League of Municipalities of the Philippines.

The special area shall be designated consistent with the requirements of
MARPOL 73/78 and taking into account the area's oceanographic and ecological
condition and the particular character of its traffic. The committee shall adopt special
mandatory methods for the prevention of pollution from ships in the designated areas.

SECTION 61. Marine Pollution Adjudication Board. — There is hereby constituted
a Marine Pollution Adjudication Board under the Office of the Secretary. The Board

shall be composed of the Secretary as Chairman, two (2) Undersecretaries as may be
designated by the Secretary; the Administrator of MARINA, and the Commandant of the

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PCG. The Board shall handle adjudication of marine pollution incidents and casualties
falling under Sections 41, 42,43 and 44 hereof.

SECTION 62. Marine Management Fund. - There is hereby established a Marine
Management Fund to be administered by the Department as a revolving fund to support
research, enforcement and monitoring activities and capabilities of the Department and
its attached agencies in the implementation of this Act. The fund shall be sourced from
the fees, charges, fines imposed herein, donations, endowments, administrative fees,
and grants in the form of contributions; Provided, that the fund shall likewise be utilized
for the containment, removal, and clean-up operations of PCG in all oil pollution cases,
including those covered under the Oil Pollution Compensation Act. For this purpose,
the Oil Pollution Management Fund created under the Oil Pollution Act shall form part of
the Marine Management Fund, subject to the following conditions:

1. All fines imposed pursuant to the Oil Pollution Compensation Act shall accrue
to the Marine Management Fund;

2. All grants, donations, endowment from various sources and amounts
specifically appropriated for the Oil Pollution Management Fund under the
General Appropriations shall form part of the Marine Management Fund

3. The Marine Management Fund shall also finance research, enforcement and
monitoring activities concerning oil pollution prevention and control of relevant
agencies such as the PCG, MARINA and PPA and other ports authority of the
Department of Transportation and Communications, Environmental Management
Bureau of the Department of Environment and Natural Resources, and the
Department of Energy.

4. Ninety percent (90%) of the funds collected or received in connection with the
Oil Pollution Compensation Act shall be maintained annually for the containment,
removal, and clean-up operations of PCG in all oil pollution cases. Provided,
further, that the amounts specifically appropriated for Oil Pollution Management
Fund under the General Appropriations Act shall be used exclusively for the
activities authorized under the Oil Pollution Compensation Act;

SECTION 63. Ship Pollution Prevention Program. - The Department, in
coordination with concerned agencies and stakeholders, shall establish a Ship Pollution
Prevention Program to enhance government implementation of this Act particularly on:
(a) awareness building and capacity building; (b) databanking; (c) development of
reception facilities; (d) marine environment protection; and (e) research;

SECTION 64. Implementing Rules and Regulations. — The Department and the
concerned agencies, in coordination with the Committees on Environment and Ecology
of the Senate and the House of Representatives, respectively, shall promulgate the
implementing rules and regulations for this Act, within one (1) year after the enactment
of this Act consistent with MARPOL 73/78 and other relevant instruments. The draft of

18


the implementing rules and regulations shall be the subject of public consultations with
affected sectors.

The rules and regulations issued by other government agencies and
instrumentalities for the prevention of marine pollution not inconsistent with this Act shall
supplement the rules and regulations issued by the Department pursuant to this Act

SECTION 65. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year's appropriation of the
concerned agencies. Thereafter, such sums as may be necessary for the operation and
maintenance of this Act shall be included in the General Appropriations Act.

SECTION 66. Joint Congressional Oversight Committee. - There is hereby
created a Joint Congressional Oversight Committee to monitor the implementation of
this Act. The Committee shall be composed of five (5) Senators and five (5) members
of the House of Representatives to be appointed by the Senate President and the
Speaker of the House of Representatives, respectively. The Oversight Committee shall
be co-chaired by the Chairpersons of the Committee on Environment of the Senate and
the Committee on Ecology of the House of Representatives.

SECTION 67. Transitory Provisions. — This Act shall apply to all ships which
navigate international routes immediately upon the effectivity of this Act.

The Department through its attached agencies shall formulate a transitory
implementation plan for the phasing-in of its operations under this Act including a
schedule for the application and enforcement of this Act and of the regulations issued
pursuant .to this Act, on domestic ships or ships which do not navigate international
shipping routes.

SECTION 68. Separabi'ity Clause. — In the event that any provision of this Act is
declared unconstitutional, the validity of the remainder shall not be affected thereby.

SECTION 69. Repealing Clause. — Republic Act No. 6969, Presidential Decree
Nos. 999 and 601, Republic Act No. 9483 (Oil Pollution Compensation Act) are hereby
amended and modified accordingly. All laws, decrees, rules and regulations, and
executive orders contrary to or inconsistent with this Act are hereby repealed or
modified accordingly.

SECTION 70. Effectivity Clause. - This Act shall take effect immediately upon its

publication in the Official Gazette or in at least two (2) newspapers of general
circulation

Approved,