Title
MARINA as Single Maritime STCW Administrator
Law
Mia Republic Act 10635
Decision Date
Jul 24, 2014
The IRR of RA 10635 (MARINA STCW Administration Act of 2014) repeals and amends prior orders and provisions, outlines the functions of various government agencies during the transition period, and takes effect fifteen days after publication.

Policy and STCW compliance mandate

  • MARINA acts as the single and central maritime Administration for STCW compliance.
  • All STCW-compliant policies are approved by MARINA.
  • MARINA regulates the processes leading to the issuance of Certificate of Competency, Certificate of Endorsement, Certificate of Proficiency, and documentary evidence used to establish STCW compliance.
  • MARINA establishes uniform, consistent, comprehensive, and simplified assessment, licensing, and certification systems for masters, deck and engine officers, and GMDSS radio operators, and a uniform assessment and certification system for ratings.
  • MARINA ensures that redundancy in the examination and assessment system for certification is avoided.

Core definitions and key terms

  • “STCW Convention” or “STCW” refers to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and its subsequent amendments.
  • “STCW Office (STCWO)” refers to MARINA’s office tasked to give full and complete effect to STCW requirements.
  • “Certificate” means a valid document such as Certificate of Competency, Certificate of Endorsement, or Certificate of Proficiency, issued by, under the authority of, or recognized by the Administration to authorize service as stated therein.
  • “Certificate of Competency” (COC) is issued and endorsed for masters, officers and GMDSS radio operators in accordance with relevant STCW Annex chapters, entitling lawful service at the specified level of responsibility.
  • “Certificate of Endorsement” (COE) is an attestation of the Administration as to the authenticity and validity of certificates, incorporated in the certificates issued to masters, officers and GMDSS radio operators, stating issuance is compliant with STCW.
  • “Certificate of Proficiency” (COP) is issued (other than a COC) stating that training competencies or seagoing service requirements under STCW have been met.
  • “Documentary evidence” (DE) means documentation other than a COC, COE, or COP used to establish that relevant STCW requirements have been met.
  • “Seafarer” means any person employed, engaged, or working onboard seagoing ships, whether in domestic or overseas trade, to whom STCW applies.

Coverage and institutions involved

  • The IRR cover MARINA’s role as the single maritime Administration implementing and enforcing STCW for all seafarers registered or certificated in the Philippines.
  • The IRR also cover all government agencies and entities involved in the entire process of securing all relevant STCW certificates and documentary evidence for seafarers.
  • MARINA maintains continuous profiling of registered Filipino seafarers and other seafarers authorized to operate in Philippine territory through dispensations or similar arrangements.
  • Companies remain responsible for ensuring assigned seafarers are properly qualified and certificated under STCW.

MARINA administration structure and duties

  • The MARINA Administrator is responsible for overall STCW compliance.
  • The Administrator ensures METPs are structured and delivered according to STCW-compliant curricula, methods, media of delivery, procedures, and materials, by:
    • Chairing the Technical Panel for Maritime Education (TPME) of CHED;
    • Monitoring and verifying compliance with maritime education policies through officers under the STCW Office;
    • Reviewing and harmonizing procedures for periodic evaluation, assessment, and monitoring of all MHEIs.
  • The Administrator maintains updated lists of compliant, non-compliant, suspended, or phased-out METP and ATP, publishes these lists in appropriate media, and archives non-compliant/prohibited acts committed by MHEIs and MTIs.
  • The Administrator recommends to CHED the closure/phase-out of substandard MHEIs based on TPME evaluation, and recommends alternative schemes/options for phased-out MHEIs.
  • The Administrator ensures medical standards for seafarer medical fitness are in line with international conventions/treaties and existing laws, and publishes a list of DOH-accredited medical facilities.
  • The Administrator ensures the monitoring system includes consequences for enrolling in suspended or phased-out programs and ensures performance indicators of NQSS and QSS reflect measurable outcomes.
  • The Administrator approves STCW Circulars prepared by the STCW Office to effect full compliance with STCW.

STCWO divisions and authentication control

  • The Executive Director of the STCW Office handles nationwide information dissemination, monitors and evaluates non-compliance and prohibited acts, directs STCWO operational divisions, and oversees boards and regional offices on STCW matters.
  • The Executive Director issues requests/orders/decisions/penalties as appropriate for STCW implementation and prepares STCW Circulars for Administrator approval.
  • The Deputy Executive Director of the STCW Office acts for the Executive Director when needed and ensures certificates are issued in accordance with Regulation 1/2 of STCW, assigning a unique number to each.
  • The STCW Office’s Certification Division:
    • Ensures Certificate issuance procedures (COCs, COEs, COPs) comply with STCW;
    • Issues certificates to qualified seafarers and implements measures for speedy, efficient, and effective certification processes;
    • Authenticates copies exclusively.
  • Authentication rule for seafarer documents:
    • Authentication of all COCs, COEs, and COPs may be made exclusively by the STCW Certification Division.
    • Authentication of other seafarer documentary evidence may be made only by the issuing entity.
    • Any authentication of seafarer documents by any person or entity other than the Certification Division (for COCs/COEs/COPs) or the issuing entity (for other documents) is a prohibited act.

Boards of examiners and appointment mechanics

  • The IRR establish Boards of Examiners under the STCW Office:
    • Board of Marine Deck Officers (BOMDO)
    • Board of Marine Engineer Officers (BOMEO)
    • Board of Deck Ratings (BODRA)
    • Board of Engine Ratings (BOERA)
    • Examiners of Ancillary Proficiencies (EAP)
  • Selection method applies across boards: applicants are shortlisted by the STCW Office to qualified candidates at least three months prior to assumption of office; the Administrator appoints from the shortlist.
  • Board terms and no re-appointment rules:
    • Most first appointments are staggered, and each member’s term is three (3) years, except staggered initial members where shorter terms apply (including one year and six months, two years, and two years and six months as specified per board).
    • Members cannot be re-appointed within a period of three (3) years from completion/termination of service.
  • Compensation benchmark:
    • BOMDO: compensation comparable to existing PRC regulatory boards.
    • BOMEO: comparable to existing PRC regulatory boards.
    • BODRA/BOERA: comparable to MARINA Division Chief (BODRA/BOERA), and chairing is by earliest-expiring term member.

Board duties for certification and competence

  • The BOMDO establishes examination and assessment procedures for Marine Deck Officers in compliance with STCW and approved by the STCW Executive Director.
  • The BOMDO creates and evaluates a competence-based examination question database and replenishes it at a rate of 20% every year, and assesses evidence of competence in accordance with STCW.
  • The BOMDO requires candidates for COCs/COEs as Officer-in-Charge of Navigational Watch to complete at least six (6) months of bridge watchkeeping duties through a “daily journal of bridge watchkeeping duties” covering a minimum of 180 days, under supervision consistent with STCW.
  • The BOMDO ensures GMDSS Radio Operator certification requirements are met in coordination with NTC.
  • The BOMEO establishes examination/assessment procedures for Marine Engineer Officers in compliance with STCW and approved by the STCW Executive Director, including competence question database replenished at 20% every year.
  • The BOMEO requires candidates for COCs/COEs as Officer in-Charge of an Engineering Watch to complete at least six (6) months of engine-room watchkeeping duties through a “daily journal of engine-room watchkeeping duties” covering at least 180 days.
  • The BODRA establishes examination and assessment procedures for all Deck Ratings in compliance with STCW and approved by the STCW Executive Director, and replenishes competence question database at 20% every year.
  • The BODRA sets minimum standards of competence for ratings forming part of navigational watch in specified functions including cargo handling and stowage and controlling the operation of the ship and care for persons on board, and assesses evidence of competence in accordance with STCW.
  • The BOERA establishes examination and assessment procedures for all Engine Ratings (including Electro-technical Ratings), and replenishes competence question database at 20% every year.
  • The BOERA sets minimum standards for ratings forming part of an engineering watch in specified functions including maintenance and repair and controlling the operation of the ship and care for persons on board, and assesses evidence of competence in accordance with STCW.
  • The EAP establishes examination and assessment procedures for Chapter V (Special Training Requirements for personnel on certain types of ships) and Chapter VI (Emergency, Occupational Safety, Security, Medical Care and Survival Functions) in compliance with STCW and approved by the STCW Executive Director.
  • The EAP maintains a standardized questions database covering Chapters V and VI, replenished at 20% every year, and ensures Chapter V/VI candidates completed the required approved seagoing service and other conditions.

STCW Experts and oversight functions

  • The Panel of STCW Experts (POSE) is composed of all MARINA Maritime Education and Training Standards Supervisors (METSS) who are qualified, highly competent in their fields and STCW, and recognized for availability, competence, integrity, dedication, and professionalism.
  • The POSE assists the MARINA Administrator and STCWO Executive Director to ensure Philippine compliance with STCW provisions.
  • The POSE audits/inspects/evaluates MHEIs and MTIs and prepares monitoring/audit/inspection/evaluation reports.
  • The POSE collates and analyzes monitoring reports to propose improvements in the Philippine MET system and supports curriculum development and continuous improvement of NQSS and QSS.
  • The POSE can temporarily act in place of members of the MARINA Examination Boards in the Examination and Assessment Division upon designation by the Administrator.

CHED, NTC, DOH roles in compliance

  • The CHED regulates MHEIs offering METPs in coordination with MARINA.
  • CHED aligns its Quality Standards System with MARINA’s NQSS and is subject to periodic audits by the Administration.
  • CHED maintains and updates lists of MHEIs and their METPs by school year, indicating which are compliant with CHED and STCW and which are non-compliant, and notifies MARINA of status following agreed procedures.
  • CHED acts on closure/phase-out/suspension of substandard MHEIs per the Administrator’s recommendation.
  • The NTC coordinates with MARINA for accreditation, monitoring, and surveillance of ATPs and for examinations supporting certification of GMDSS radio operators under STCW Regulation IV/2.
  • The NTC recommends closure/phase-out of substandard ATPs related to GMDSS radio operator certification and issues documentary evidence to seafarers for achievement of relevant competencies.
  • The DOH establishes and promulgates health standards and guidelines for regulation of medical facilities conducting pre-employment medical examinations for seafarers through the Bureau of Health Facilities and Services.
  • The DOH sets scope of medical examination standards and qualifications in accordance with STCW, inspects medical clinics, and grants accreditation as a Medical Facility for Overseas Workers to clinics meeting accreditation standards and guidelines.
  • The DOH ensures its QSS is aligned with MARINA’s NQSS and is subject to periodic audits conducted by MARINA as the STCW Administration, and maintains an updated list of accredited medical facilities.

Seafarer requirements and MARINA-prescribed standards

  • MARINA prescribes all education, training, and other requirements for seafarers in compliance with STCW.
  • All MHEIs, MTIs, and other entities/persons approved by MARINA that provide services leading to seafarer competence must comply with MARINA-prescribed STCW requirements.
  • MHEIs must adopt and implement a policy in accordance with the IRR and submit it to the STCW Office, MARINA Regional Office, and CHED.

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