MARINA as Single Maritime Admin for STCW Law

State policy and regulatory direction

The State must ensure compliance with the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), as amended, all international agreements implementing or applying the STCW Convention, and other international maritime safety conventions or agreements that the STCW Convention seeks to promote compliance with (Section 1(a)).
The State must recognize the vital contribution of seafarers to the national economy and establish systems and mechanisms for the promotion and protection of seafarers’ well-being to ensure professionalism and competitiveness in local and international trade, consistent with existing local labor laws and applicable international laws (Section 1(b)).
The State must create a single maritime administrative system and structure to enable Philippine seafaring business, establish appropriate institutional arrangements with other agencies, and create an effective regulatory framework that is efficient, transparent, and competitive for the Philippine seafaring industry consistent with the STCW Convention (Section 1(c)).
The State must harmonize all legal and administrative measures taken by government regulatory agencies to ensure they are appropriate and consistent with the STCW Convention (Section 1(d)).

Definitions and key terms

A Certificate of competency is a certificate issued to masters, officers and GMDSS radio operators in accordance with the STCW Convention Chapters II, III, IV or VII of the Annex, entitling the lawful holder to serve and perform functions at the specified level of responsibility (Section 2(a)).
A Certificate of endorsement is an attestation of the maritime administration as to authenticity and validity of certificates, incorporated in the format of certificates issued to masters and officers, stating that issuance complies with STCW Convention requirements (Section 2(b)).
A Certificate of proficiency is a certificate other than a certificate of competency issued to a seafarer, stating that relevant training competencies or seagoing service requirements under the STCW Convention have been met (Section 2(c)).
Documentary evidence refers to all documentation, other than a certificate of competency or certificate of proficiency, used to establish that relevant STCW Convention requirements have been met (Section 2(d)).
A Maritime administration / single maritime administration is the MARINA, mandated to ensure complete and effective implementation of the STCW Convention (Section 2(e)).
A Seafarer is any person employed, engaged, or working onboard seagoing ships, whether the ships are engaged in domestic or overseas trade, to whom the STCW Convention applies (Section 2(f)).
STCW Convention refers to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, including its subsequent amendments (Section 2(g)).

MARINA as single maritime administration

MARINA, created under Presidential Decree No. 474, as amended, is the single maritime administration mandated to implement and enforce the STCW Convention (Section 3).
MARINA must carry out an effective regulatory framework conducive to the efficiency, transparency, and competitiveness of the Philippine seafaring industry (Section 3).

MARINA powers and implementation functions

MARINA acts as the single and central maritime administration for all purposes relating to compliance with the STCW Convention (Section 4(a)).
MARINA administers and ensures effective implementation of the STCW Convention, including all international conventions or agreements implementing or applying it, and international maritime safety conventions or agreements it seeks to promote compliance with (Section 4(b)).

Assumption of functions from other agencies

MARINA assumes all powers and functions of the Professional Regulation Commission (PRC), CHED, TESDA, DOH, and NTC regarding issuance, validation, verification, correction, revocation, or cancellation of certificates of competency, endorsement, proficiency, and documentary evidence required of all seafarers, and other matters pertaining to STCW Convention implementation (Section 4(c)).
MARINA exercises these assumed powers subject to the following detailed rules:

Marine deck and engine officers licensing and certification

MARINA ensures that examination, licensing, and certification systems for marine deck and engine officers comply with STCW Convention requirements (Section 4(c)(1)).
MARINA exercises the powers, duties, and functions of the PRC for examination, licensing and certification for marine deck and engine officers under Republic Act No. 8544 (“Philippine Merchant Marine Officers Act of 1998”) (Section 4(c)(1)).
The compensation and allowances of the Board of Marine Deck Officers and Marine Engine Officers under Article IV, Section 8 of Republic Act No. 8544 must be comparable to the compensation and allowances received by chairpersons and members of other existing regulatory boards under the PRC and as provided in the General Appropriations Act (Section 4(c)(1)).

Able-bodied deck and engine ratings

MARINA adopts rules and regulations, consistent with the STCW Convention, for able-bodied deck and engine ratings, covering:
- monitoring and verification of compliance with rating standards (Section 4(c)(2)(i));
- harmonization of procedures for periodic evaluation, assessment, and monitoring activities by accredited institutions with registered rating programs (Section 4(c)(2)(ii));
- issuance of certificates of proficiency to ratings (Section 4(c)(2)(iii)).

GMDSS radio operator certificates

MARINA ensures that legal and administrative measures related to issuance of certificates of competency of GMDSS radio operators comply with the STCW Convention (Section 4(c)(3)).
MARINA assesses, revalidates, and issues GMDSS radio operator’s certificates in accordance with STCW Convention provisions (Section 4(c)(3)).

Maritime education, curricula, and training delivery

MARINA ensures maritime education (including curricula and training programs) is structured and delivered according to written programs, methods and media of delivery, procedures, and course materials compliant with STCW Convention international standards (Section 4(c)(4)).
MARINA must:
- chair the Technical Panel on Maritime Education (TPME) of CHED, and have TPME formulate, review, and recommend to the CHED en banc all policies, standards, and guidelines for maritime education including curricula, facilities, and guidelines (Section 4(c)(4)(i));
- monitor and verify, in coordination with CHED, compliance with maritime education policies, standards, and guidelines in maritime education and training programs (Section 4(c)(4)(ii));
- review and harmonize procedures for periodic evaluation, assessment, and monitoring of all maritime education and training institutions in accordance with CHED standards and other recognized international organizations (Section 4(c)(4)(iii));
- develop, formulate and recommend for implementation strict quality assurance mechanisms and relevant typology for maritime education programs and institutions (Section 4(c)(4)(iv));
- recommend to CHED en banc closure/phase-out of substandard maritime education institutions, and recommend alternative schemes or options for affected institutions (Section 4(c)(4)(v));
- maintain an updated list of compliant and phased-out maritime education and training programs, publish the lists in appropriate media, and provide the public clear understanding of the consequences of enrolling in phased-out programs (Section 4(c)(4)(vi)).

Medical standards and DOH coordination

MARINA coordinates with DOH to ensure medical standards for ascertaining seafarer medical fitness are consistent with international conventions/treaties and existing laws (Section 4(c)(5)).
For this purpose, MARINA must:
- ensure medical examinations and issuance of medical certificates by DOH-accredited hospitals, medical clinics, laboratories, and medical practitioners comply with STCW Convention-prescribed standards (Section 4(c)(5)(i));
- ensure medical certificates are issued by a duly-qualified medical practitioner recognized by and accredited with DOH, and maintain a register of recognized medical practitioners available to seafarers, shipping companies, and STCW Convention State parties (Section 4(c)(5)(ii)).

Maritime Industry Board composition updates

The Commandant of the Philippine Coast Guard (PCG), in lieu of the Secretary of National Defense, must be included as a member of the Maritime Industry Board established under Presidential Decree No. 474 (Section 5).
The Maritime Industry Board may create an advisory council to assist MARINA in ensuring compliance with the STCW Convention (Section 5).
The advisory council’s number and members are determined and identified by the Maritime Industry Board (Section 5).

Appropriations and funding mechanisms

The Secretary of Transportation and Communications, through MARINA, must immediately include in its programs the operationalization requirement of the STCW Services, with initial funding charged against MARINA’s savings or current year appropriations (Section 6).
Thereafter, all sums necessary for continued implementation must be included in the annual General Appropriations Act (Section 6).

Implementing rules and efficient seafarer services

MARINA must issue the required implementing rules and regulations within six (6) months from the Act’s effectivity (Section 7).
In formulating the rules, MARINA must ensure that processes and procedures for issuance, validation, verification, correction, revocation, or cancellation of certificates of competency, endorsement, proficiency, and documentary evidence are the most efficient and convenient for seafarers (Section 7).
Implementing rules must support one-stop shop arrangements, computerization and automation, and elimination of redundant fees and charges (Section 7).

Transitory validity of prior certificates

All certificates of competency, endorsement, proficiency, and documentary evidence issued prior to the Act’s effectivity remain valid without necessity of revalidation or reissuance until their expiration date as stated in the certificates or other documents (Section 8).
New certificates or other documents after expiration must be revalidated or reissued only in accordance with implementing rules and regulations issued pursuant to the Act and conforming to STCW requirements (Section 8).

Separability and repeal/amendment effects

If any section or provision is declared unconstitutional or invalid, the remaining sections or provisions not affected remain in force and effect (Section 9).
Provisions of Presidential Decree No. 474 on the composition of the Maritime Industry Board are amended, and provisions under Republic Act No. 8544 relating to the examination, licensing and certification system for marine deck and engine officers are amended (Section 10).
All existing laws, orders, decrees, rules and regulations, or parts inconsistent with the Act are repealed or modified accordingly (Section 10).