Title
MARINA as Single Maritime Admin for STCW Law
Law
Republic Act No. 10635
Decision Date
Mar 13, 2014
The MARINA as Single Maritime Administration law ensures compliance with international maritime safety conventions and establishes the Maritime Industry Authority as the central administration responsible for implementing and enforcing the STCW Convention, promoting efficiency and competitiveness in the Philippine seafaring industry.
A

Definition of Terms

  • Certificate of Competency: Issued to ship officers and GMDSS operators allowing performance of specified duties under the STCW.
  • Certificate of Endorsement: Authentication of certificates' validity in compliance with STCW.
  • Certificate of Proficiency: Issued to seafarers confirming training and competency requirements met.
  • Documentary Evidence: Other documents confirming compliance with STCW requirements.
  • Maritime Administration: MARINA as the sole government agency for STCW implementation.
  • Seafarer: Any individual employed onboard seagoing vessels regulated by the STCW.
  • STCW Convention: The international treaty and its amendments setting standards for seafarers.

MARINA as the Single Maritime Administration

  • MARINA, established under Presidential Decree No. 474, is designated the single maritime agency for executing and enforcing the STCW Convention.
  • It is empowered to develop a regulatory framework fostering efficiency, transparency, and competitiveness in the seafaring sector.

Powers and Functions of MARINA

  • Acts as the central maritime administration for STCW compliance.
  • Ensures effective implementation of the STCW and related safety agreements.
  • Takes over roles from PRC, CHED, TESDA, DOH, and NTC regarding issuance, validation, verification, correction, revocation, or cancellation of competency-related certificates for seafarers.
  • Administers the examination, licensing, and certification system for marine deck and engine officers, previously handled by PRC.
  • Adopts rules for able-bodied deck and engine ratings:
    • Monitoring and verification of compliance.
    • Harmonizing assessment and evaluation procedures.
    • Issuance of proficiency certificates to ratings.
  • Regulates issuance and revalidation of GMDSS radio operator certificates.
  • Oversees maritime education quality:
    • Chairs the CHED Technical Panel on Maritime Education.
    • Monitors compliance and evaluation of maritime education institutions.
    • Develops quality assurance mechanisms.
    • Recommends closure or phase-out of substandard institutions.
    • Maintains public lists of compliant and phased-out programs.
  • Coordinates with the DOH for medical standards compliance, ensuring medical certificates are issued by accredited practitioners.

Composition of the Maritime Industry Board

  • Includes the Commandant of the Philippine Coast Guard as a member in place of the Secretary of National Defense for STCW enforcement matters.
  • Allows creation of an advisory council by the Maritime Industry Board to assist MARINA.

Appropriations

  • Mandates inclusion of STCW services operationalization funding in MARINA's programs.
  • Initial funding may be charged against MARINA's savings or current appropriations.
  • Subsequent funding to be included in the annual General Appropriations Act.

Implementing Rules and Regulations

  • MARINA is required to issue implementing rules within six months from the law’s effectivity.
  • Rules must ensure efficient, transparent procedures for certificate handling, including one-stop shops, computerization, automation, and elimination of redundant fees.

Transitory Provisions

  • Existing certificates issued prior to this law remain valid until their expiration without needing revalidation or reissuance.
  • Future certificates to comply with implementing rules conforming to STCW standards.

Separability Clause

  • Invalidity of any provision does not affect the validity of the remainder of the law.

Repealing Clause

  • Amends provisions of Presidential Decree No. 474 on Maritime Industry Board composition.
  • Amends RA No. 8544 on marine deck and engine officers' examination, licensing, and certification to transfer functions to MARINA.
  • Repeals conflicting laws, orders, decrees, and regulations.

Effectivity Clause

  • The Act takes effect 15 days after publication in the Official Gazette or two national newspapers of general circulation.

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