PROVISIONS

R. Capahi

Legal Bases� Article 192 -- General obligation: States have the

obligation to protect and preserve the marine environment.

� Article 194 -- Measures to prevent, reduce and control pollution of the marine environment� 1. States shall take, individually or jointly as appropriate, all

measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection.

Art 194 –- 3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent:

3. (b) pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional discharges, and regulating the design, construction, equipment, operation and manning of vessels;

� SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT

� Article 211 -- Pollution from vessels

� Philippines is an archipelago, composed of around 7, 100 islands. Without shipping, goods and passengers from one part of the island will be unable to reach the other. As such, shipping therefore is indispensable to Philippine economy. It is however recognized that operation of vessels or ships are source s of pollution in the marine environment ,that is why it is also imperative that the industry be regulated pursuant to part XII of UNCLOS.

� REGULATORY BODIES

� International Maritime Organization ( IMO) –a specialized agency of the United Nations responsible for internationally promoting and regulating the shipping industry and other maritime matters.

� Maritime Industry Authority (MARINA) the Philippine’s Flag State Administration , mandated to promote and develop the Maritime Industry by virtue of P.D No. 474 and to undertake the safety regulatory functions pertaining to vessel construction and operations under section 12 (e) of Executive Order No. 125, as amended by R.A 9295.

� The government agency who determines the seaworthiness and issues the safety Certificate and other certificates of vessels flying its flag.

2 MAIN CONCERNS

� First – Safety

� Second -- Protection to the Environment

Safety

1. Protection to the passengers, crews, and cargoes

2. Safety without which, may lead to accidents and tragedies which may cause pollution to the marine environment.

Ex. The tanker vessel involved in a collission or agrounding , the oils or cargoes carried which maybe discharged/ or spilled to the sea maybe toxic.

Protection to the Environment

� Preservation of our ailing world.

� In compliance with Part XII of UNCLOS, MARINA, among others, adopts and implements as far as practicable the International Conventions/Agreements/Guidelines promoted by the International Maritime Organization( IMO) among them, the most important are:

Safety of Life at Sea (SOLAS)

� Regulations on Safety and Seaworthiness of a Ship in general

� International Safety Management System (ISM Code)

� Minimum Safe Manning Requirement

� Integrity of the Hull and Engine

� Cargo Securing System

� Provision of the Life Saving Equipments/Appliances

� Navigational Equipments

� Fire Protection and Fire Safety System

� International Convention for the Prevention of Pollutions from Ships, 1973 Modified in 1978, otherwise known as MARPOL 73/78.

� regulations covering the various sources of ship-generated pollutions are contained in the five Annexes of the Convention.6th Annex was adopted but has not yet been accepted by sufficient states for it to enter into force.

� Annex 1 (MARPOL) - Regulations for the prevention of pollution by oil

� Annex 2 – Regulations for the control of pollution by noxious liquid substances in bulk

� Annex 3 – Regulations for the prevention of pollution by sea in package form

� Annex 4 - Regulations for the prevention of pollution by sewage from ships

� Annex 5 - Regulations for the prevention of pollution by garbage from ships

� Annex 6 - Regulations for the prevention of air pollution by ships

�Examples

�Installation of Oily Water Separator

�Garbage Disposal Plan and Management

� International Code for Construction and equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code)

� Purpose is to prescribe the design and construction standards of ships involved in carriage of dangerous or noxious liquid chemicals substances and the equipment they should carry so as to minimize the risk to the ship, to its crew and environment.

Substances Covered:

�Chemicals other than petroleum or similar flammable products as follows:

1. Products having significant fire hazards in excess of those of petroleum products and similar flammable products;

2. Products having significant hazards in addition to or other than flammability.

Hazards Covered:

� Fire hazard

� Health Hazard, irritant, or toxic effect, irritational effects

� Water Pollution Hazard, human toxicity water solubility, volatility, odour taste,

� Air Pollution Hazard, emergency exposure limit, vapour pressure, solubility in water, vapour density

� Reactivity Hazard, reaction with other products, water, itself

� Marine Pollution Hazard, risk to aquatic life or human health, damage to living resources, reduction of amenities

STCW ConventionInternational Conventions on Standards of

Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 and 1997� To clarify the standards of competence

required, introduce qualification requirements for trainers and assessors, provide effective mechanisms for enforcement of its provisions and allow greater flexibility in the assignment of functions on board ship.

� Provides the basis for the legal framework within which mandatory technical standards contained in the STCW Code STCW Code

STCW CODE� Standards:

� regarding master and deck department

� regarding the engine department

� regarding radio personnel

� regarding special training requirements for personnel on certain type of ships

� regarding emergency, occupational safety, medical care and survival functions

� Crowd crisis management

� Fire on board

� Agrounding, etc

� regarding watchkeeping

International Loadline Convention

69� Determines the allowable cargoes or load of a vessel

� Stability

Achieve by Conducting Safety

Inspections.

Aspects:� Ship safety condition prior to issuance of safety

certificates

� Ship safety condition relative to conversion, modification/alteration of ship structure

� Ship Safety Condition prior to the issuance of the ship trading status

� Ships involved in maritime accidents/ incidents and vessels subject of complaints

� Ship equipment for the protection of marine environment and pollution prevention

Failure, Violations and Deficiencies� The shipowner will be subjected to administrative

fines and penalties

� Rectification of the deficiencies before issuance of Certificates

� If the deficiency is major, a Cease and Desist Order against the vessel will be issued

Developments� To require the shipping companies to be a member of the

P and I Club or its equivalent.� (P & I)- refers to a form of marine insurance ( but not in the

strict sense) to cover a shipowner’s and/or liability to others and generally excludes damage to the insured’s own property.

� P & I Mutual Club – refers to a group of shipowners and bareboat charterers grouped together by becoming a members of a Protection and Indemnity Mutual Association to cover any liabilities arising out of the management or navigation of vessels.

� Differs from insurance because insurance per se has profit for its objective while a P & I Club is merely based on “mutuality” ,the pooling of the resources of its members to answer for a liability that might arise.

� Currently, Insurance are required to be mandatory only:

� Oil Pollution under Civil Liability Convention (CLC) implemented by MARINA Memorandum Circular 184

� Passenger Insurance in cases of death up to P200,000.00 per passenger without a need of a court litigation and proving fault on the part of the shipowner (Automatic)

� Objective of this measure is to ensure that there is sufficient finances to meet with the liability of the shipowner especially in the restoration/reparation of the damaged caused.

� Most of the shipowners however are objecting to the implementation of the P & I stating inter alia”

1. that said implementation is untimely with today’s economic meltdown and business reverses.

2. That it is very difficult to be a member because of the strict requirements and standards not to mention that track record of a shipping company which still has to be considered.

� To study the implementation of ship smoke emissions allowable level and use of cleaner fuel oil.� Currently no clear standards has been made as to its

regulation

� To legalize backyard small vessel “ motorbanca”construction .� Current status- there is rampant building of small boats

made of wood due to the necessity of getting around Philippine Islands without securing the prior necessary permits and approval.

� Legalizing would encourage the shipbuilder to cooperate with the agency and thus easier to regulate

�To extend financial assistance to small shipyards

�To promote the economy ,.

� to enable the small scale builders to compete with the bigger ones and to allow them to be more equipped in the process of construction and also to give better and safer product.

�To deputize other agencies or Local Gov’t in the enforcement of the MARINA rules and regulations:

Thank You

Very Much!