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.