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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No, 1729

Introduced by Rep. ANGELO MARCOS BARBA.
2™ District, Ilocos Norte

EXPLANATORY NOTE

Vessel-sourced pollution is one of the major sources of marine
pollution and destruction.’ A high proportion of ship-sourced oil and chemical
pollution comes from refueling, bilge discharges, and vessel maintenance.’
Therefore, a number of international agreements were instituted to address
this increasing and worsening problem.

The Philippines is a member state of the International Maritime
Organization (IMO) and a signatory to several international agreements
concerning the sea in general and maritime aspects in particular. Among these
agreements are the International Convention for the Safety of Life at Sea
(2974) and its Protocols (1978; 1988) and Agreement (1996); the International
Convention for the Prevention of Pollution from Ships (1973) and its Protocols
(1978; 1997); the Convention on the International Regulation for Preventing
Collisions at Sea (1972), among other treaties. However, it is ironically
devastating that the country is still miles behind from its neighboring
countries in terms of the full implementation of the said disciplines.

In 2021, the country suffered a -5.1 fleet growth and a -6.1 transport
services export growth. It was also observed that this alarming trend of growth
continuously declines through the years.} The same statistics also provides
that the failure and inability of the Philippine Government to effectively
implement these conventions and instruments greatly contributes to the
decline of the numbers herein stated. It is, therefore, a tragedy at Philippine
seas.

In view of the foregoing, this bill seeks to prevent pollution from ships,
load lines, and tonnage measurements of ships and to provide a mechanism
for the full and effective implementation of Port State Control (PSC)

* Abdulrazar, AO. and Kader, SZSA. (2014). Vessel-sourced pollution: a security threat in Malaysian waters. Journal
of Sustainable Development Law and Policy, 3 (1). Retrieved 7 November 2022, from

‘bttos.//wow aio info/index.pho/isdio/article/view/122611,
* Oil and chemical pollution. 2018, September 10). Maritime Safety Queensland. Retrieved 7 November 2022,
from ks

» Maritime Profile: Philippines. (n.d). United Nations Conference on Trade and Development (UNCTAD Stat),

Retrieved 7 November 2022, from


guidelines as provided by regional agreements or Memoranda of
Understanding (MOU).

This proposed measure shall provide for the full and effective
implementation of international maritime instruments, adoption of
regulations, and execution of the technical annexes, provisions, and
requirements of these international maritime instruments. This legislation
aspires to be one of the initiatives for the arduous call for overall maritime
safety and security, and prevention of ship-sourced pollution, all for the
protection of the Philippine seas, seafarers, and sea workers.

On behalf of the 2" District of locos Norte, and for the greater benefit
of the Filipino people, the immediate passage of this bill is earnestly sought.

ANGE! ‘COS BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

79
House Bill No, 1729

Introduced by Rep. ANGELO MARCOS BARBA.
2 District, Ilocos Norte

AN ACT PROVIDING FOR THE FULL AND EFFECTIVE
IMPLEMENTATION AND ENFORCEMENT OF INTERNATIONAL
MARITIME INSTRUMENTS OF WHICH THE PHILIPPINES IS A

STATE PARTY

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

SECTION 1. Short Title. — This Act shall be known as the “Maritime
Safety, Security and Prevention of Ship-Sourced Pollution Act of the
Philippines.”

SECTION 2. Declaration of Policy. — The following are hereby declared
to be the policies of the State:

(a) The State shall provide for the full and effective implementation and
enforcement of international maritime instruments that cover safety of
life at sea, prevention of pollution from ships, load lines, tonnage
measurements of ships, and regulations for preventing collisions at
sea, of which the Philippines is a state party.

(b) The State shall provide for a platform for the adoption of regulations
implementing the technical annexes, provisions and requirements of
these international maritime instruments as well as future
amendments to such technical provisions and requirements as the
State Parties to these conventions may adopt from time to time;

(c) The State shall comply with its duties and obligations to the
international community as State Party to these international
maritime instruments by ensuring the effective exercise of its
jurisdiction and control over ships flying its flag, and that those who
are responsible for the management and operation of a ship registered
in the Philippines, including their duly-registered owners, operate
their ships responsibly; and,

(d)The State shall provide a mechanism for the full and effective
implementation of Port State Control (PSC) guidelines as provided by
regional agreements or Memoranda of Understanding by which it may


consistently carry out its obligation to conduct inspections on shups of
other States, whether parties to international maritime instruments or
not, when these are within the waters, ports, harbors, and offshore
terminals of the Philippines.

SECTION 3. Scope of the Act. — Unless otherwise indicated, this Act
shall apply to:

(a) All merchant marine ships, whether seagoing or coastwise, which are
registered under the Philippine flag;

(b)All persons, partnerships, corporations, firms, or other entities
duly-registered or licensed in the Philippines to engage in the business
of shipping as shipowners, ship operators, charterers, or ship
managers, or those acting on their behalf; and,

(©) All foreign ships that are within the waters, ports, harbors, and
offshore terminals of the Philippines regardless of whether or not they
are registered in or belong to State Parties to the international
maritime instruments sought to be implemented by this Act.

SECTION 4. Definition of Terms. — As used in this Act:

(a) International Maritime Instruments refer to all conventions, codes,
recommendations, procedures, guidelines, or other similar
instruments pertaining to safety of life at sea, prevention of pollution
from ships, load lines, tonnage measurements of ships, and regulations
for preventing collisions at sea, of which the Philippines is a State
Party, including:

(1) The International Convention for the Safety of Life at Sea, 1974 and
its Protocols of 1978 and 1988 and Agreement of 1996;

(2) The International Convention for the Prevention of Pollution from
Ships, 1973, its Protocol of 1978, and its Protocol of 1997;

(3) The Convention on the International Regulation for Preventing
Collisions at Sea, 1972;

(4) The International Convention on Load Lines, 1966 and its Protocol
of 1988, as amended in 2003;

(5) The International Convention on the Tonnage Measurement of
Ships, 1969; and

(6) All other international instruments, codes, recommendations,
procedures, and guidelines implementing or applying these
Conventions.

(b) Recognized Organization refers to an organization that has been
assessed as such by the Department of Transportation (DOTr), in


accordance with the relevant guidelines of the International Maritime
Organization (IMO) on recognized organizations.

SECTION 5. Powers and Functions. —

(a) DOTr. - For purposes of this Act, the DOTr shall have the following
powers and functions:

(a) Act as the single and central maritime administration, and exercise
all powers and functions relative to the compliance with, and effective
implementation and enforcement of international maritime
instruments to which the Philippines is a State Party;

(2) Prescribe, fix, issue, revise, amend, update, or repeal rules and
regulations from’ time to time to ensure the full and effective
implementation and enforcement of international maritime
instruments;

(3) Determine the minimum standards and requirements, and issue
rules and regulations applicable to particular types of ships,
considering their size, type, motive capacity, trading limits and other
physical and technical attributes without diluting the minimum
requirements of the international maritime instruments;

(4) Determine which ships shall be excluded or exempted from the
coverage of relevant regulations, and establish equivalent technical
standards where it is determined that by virtue of the ship's size, type,
motive capacity, or trading limits, it would be more workable to
require the implementation of such equivalent standards, without
compromising the safety of the ship, its crew, passengers and cargo,
and without exposing the marine environment to the risk of damage
from ship-sourced pollution;

(5) Assess and determine the qualification of any recognized
organization, execute the corollary written agreement to evidence the
terms and conditions by which such recognized organization shall act
on its behalf, and the extent of the powers delegated to such recognized
organization in carrying out initial and periodic inspections and
surveys, including the capacity to issue ship certificates on its behalf;

(6) Require the master, or in his absence, the owner, charterer,
manager, or operator to submit, without delay, a full written report of
any incident involving the ship that may endanger the safety of the
ship, its crew, passengers, or cargo, or pose a threat to the marine
environment;

(7) Following any marine casualty, accident, or incident involving a
ship in the Philippine registry, undertake, on its own or through a
duly-constituted independent group of suitably qualified safety
inspectors, a marine casualty safety investigation which is independent
from any other form of investigation and is not intended to apportion


or blame or determine liability, but is conducted to determine the
cause of the accident and the identification of measures to prevent the
occurrence of similar marine casualties, accidents, or incidents in the
future;

(8) Institute amendments to existing regulations to enhance the safety
and security of ships, persons, and property and the protection of the
marine environment following receipt of any recommendation arising
from the marine safety inspection report;

(9) Receive the report of any violation from another State and conduct
and other investigation on a ship in the Philippine registry to protect
public interest and impose such penalties, sanctions, and levy such
fines commensurate to the gravity of the offense to ensure effective
implementation, compliance, and enforcement of Maritime
Conventions and upon completion of the investigation, inform the
State submitting the report of the action taken to address the violation;

(20) Act as the designated point of contact for all matters related to the
IMO with respect to safety of life at sea, prevention of pollution from
ships, load lines, tonnage measurement of ships, and regulations for
preventing collisions at sea; and,

(a1) Exercise such other powers and functions necessary to fully
implement international maritime instruments.

When creating procedures, rules, and regulations, the DOTr shall
always be guided by the relevant conventions, instruments, codes,
recommendations, and guidelines of the IMO.

(b) Philippine Coast Guard (PCG). — For purposes of this Act, the PCG
shall exercise PSC, consistent with its powers and functions under
Republic Act No. 9993, otherwise known as the “Philippine Coast
Guard Law of 2009,” and its implementing rules and regulations; and

(c) Maritime Industry Authority (MARINA) - For purposes of this Act,
the MARINA shall exercise Flag State Control, consistent with its
powers and functions under Presidential Decree No. 474, otherwise
known as the Maritime Industry Decree of 1974 and Executive Order
Nos. 125 and 125-A, series of 1987, as amended, otherwise known as
the Reorganization Act of the Ministry of Transportation and
‘Communications.

SECTION 6. Power to Adopt Regulations to Conform to Amendments to
International Maritime Conventions. - The MARINA, with the concurrence
of the DOTr, through the Secretary, shall recommend to the Department of
Foreign Affairs (DFA) the adoption of internal maritime instruments which
the Philippines is not yet a party to, so that the appropriate recommendation
can be made, the relevant instrument of ratification or accession may be
issued by the President, and the concurrence of the Senate of the Philippines
may be obtained; Provided, That in the case of any subsequent amendment to


any technical annex of any existing international convention or treaty to which
the Philippines is already a party and which is deemed accepted by the State
Parties to the convention after the lapse of the specified time, the MARINA is
hereby empowered and authorized to amend and revise its rules and
regulations to conform with the amendments to the relevant convention or
treaty without need of further legislative or executive authorization.

SECTION 7. Coordination Among Regulatory Agencies. - The Secretary
of Transportation shall direct, oversee and document the creation,
maintenance, and management of the appropriate coordinative framework
and structure among all government agencies mandated by law to supervise
and regulate all parties referred to in Section 2 of this Act in order to ensure
the harmonized implementation and enforcement of the conventions covered
by this Act. For this purpose, the Secretary of Transportation shall issue
relevant regulations, orders, processes, and procedures within sixty (60) days
from the effectivity of this Act, which regulations may be amended from time
to time as needed. The issuance of the Secretary of Transportation shall given
special attention to clearly identify the processes and procedure to be followed
by the different regulatory agencies, considering each agency’s mandate,
technical competence and expertise, organizational structure and capabilities
for carrying out the Philippines’ obligation under the conventions. The
Secretary of Transportation shall further clarify functions and tasks which
require:

(a) Execution directly by the agency;

(b) Execution indirectly by an agency acting on behalf of another;
(©) Coordination of several agencies by a lead agency;

(@) Cooperation by agencies acting independently of each other; or
(e) Monitoring and reporting to another agency.

The Secretary of Transportation, as needed, shall coordinate with other
executive departments whose line or attached agencies likewise exercise
relevant functions or provide technical services that ensure the safety of the
ship, its crew, passengers and cargo, and the protection of the marine
environment, such as Philippine Atmospheric, Geophysical and
Astronomical Services Administration (PAGASA) under the Department of
Science and Technology (DOST), and the National Mapping and Resource
Information Authority (NAMRIA) under the Department of Environment and
Natural Resources (DENR), among others.

SECTION 8. Implementing Rules and Regulations. - The DOTr shall
issue the implementing rules and regulations for each of the Maritime
Instruments within six (6) months from the effectivity of this Act.

SECTION 9. Separability Clause. - If, for any reason, any section,
subsection, clause, or term of this Act is held to be illegal, invalid, or


unconstitutional, such parts not affected by such declaration shall remain in
full force and effect.

SECTION 10. Repealing Clause. ~ All existing laws, orders, decrees,
rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby amended, modified, or repealed accordingly.

SECTION 11. Effectivity. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,