Adopting an Integrated Approach in the Ratification and Accession to IMO Conventions and Instruments, and Reconstituting the Inter-Agency Coordinating Committee for the Purpose

December 28, 2021

EXECUTIVE ORDER NO. 159

ADOPTING AN INTEGRATED APPROACH IN THE RATIFICATION AND ACCESSION TO INTERNATIONAL MARITIME ORGANIZATION CONVENTIONS AND INSTRUMENTS, AND RECONSTITUTING THE INTER-AGENCY COORDINATING COMMITTEE FOR THE PURPOSE

WHEREAS, the Republic of the Philippines, as a member of the International Maritime Organization (IMO) since 1964, has ratified a number of international conventions which aim to promote the safety of Filipino seafarers, protect the marine environment from the operation of ships, and raise the standards of certification to increase the competency of Filipino seafarers, among others;

WHEREAS, the Department of Transportation (then Department of Transportation and Communications), through Department Order No. 2015-016 (s. 2015), created an Inter-Agency Coordinating Committee on the Ratification and Implementation of Maritime Conventions (ICCRIMC) to monitor developments and consider new international maritime conventions for ratification, including measures needed to satisfy their respective requirements, through research, monitoring and coordination with other government agencies;

WHEREAS, the Philippine Maritime Strategy on the Implementation of Relevant IMO Instruments for 2020-2024 (PMS 2020-2024), which was developed pursuant to Executive Order (EO) No. 84 (s. 2019), highlights: (i) ratification or accession to IMO conventions as key to realizing the objectives of priority programs related to strengthening safety operations of Philippine-registered fishing vessels, transforming the country into a global maritime hub, enhancing maritime safety, and modernizing maritime security; and (ii) the role of the ICCRIMC in monitoring international developments in the maritime industry;

WHEREAS, the Maritime Industry Development Plan 2019-2028 (MIDP 2019-2028), adopted pursuant to Presidential Decree No. 474 (s. 1974) or the "Maritime Industry Decree of 1974," as amended, aims to steer the country's maritime industry towards global competitiveness and sustainable growth, through the prioritization of international commitments in the maritime sector, and the adoption of an integrated approach to development by pooling together the expertise and resources of concerned government agencies, the private sector and civil society;

WHEREAS, the country strives to become a major maritime nation that gives premium to the protection of life and marine environment, enhancement of the level of safety of shipping, and advancement of the standards of training, certification and watchkeeping for seafarers; and

WHEREAS, Section 17, Article VII of the Constitution provides that the President shall have control of all executive departments, bureaus and offices, and shall ensure that laws are faithfully executed;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Policy. — The State is committed to remain at the forefront of international maritime developments, and identify ways to improve its maritime sector, by integrating and empowering its Maritime Administration to study new maritime conventions and instruments for ratification, determine the responsibilities required thereby, and conduct a national interest analysis to ascertain their benefits to the country.

SECTION 2. Inter-Agency Coordinating Committee to Facilitate the Ratification of/Accession to and Implementation of Maritime Conventions. — The ICCRIMC under Department Order No. 2015-016 (s. 2015) of the Department of Transportation (DOTr) is hereby reconstituted and renamed as the Inter-Agency Coordinating Committee to Facilitate the Ratification and Accession to and Implementation of Maritime Conventions.

The Committee shall be composed of designated representatives from the following departments and agencies:

 

Chairperson	:	Department of Transportation
Vice Chairperson	:	Department of Foreign Affairs
Members	:	Department of Science and Technology Maritime Industry Authority (MARINA) Philippine Coast Guard Philippine Ports Authority Cebu Port Authority Department of Agriculture-Bureau of Fisheries and Aquatic Resources Department of Environment and Natural Resources (DENR)-Environmental Management Bureau DENR-Biodiversity Management Bureau University of the Philippines (UP)-Marine Science Institute UP-Institute of Environmental Science and Meteorology

 

The Overseas Shipping Service of the MARINA shall serve as the Secretariat of the Committee, which shall provide technical and administrative support thereto. The Secretariat shall be the central repository of all records of the Committee.

SECTION 3. Functions of the Committee. — Subject to existing laws, regulations and policies, and consistent with the objectives of the PMS 2020-2024, the Committee shall have the following functions:

a. Consider new international maritime conventions for possible ratification or accession, conduct a national interest analysis for the purpose, and study measures needed to satisfy convention requirements, as well as the implications on the established maritime operations in the country;

b. Develop and adopt a National Work Programme (NWP) to chart timelines and determine frequency of meetings, assign agency roles and responsibilities, and ensure the eventual implementation and enforcement of adopted instruments, consistent with the country's overall maritime strategy;

c. Review and endorse proposed legislation, national policies and administrative regulations, to support the implementation of adopted instruments;

d. Conduct information campaigns and seminars with policy-makers and stakeholders to raise awareness on the requirements and benefits of IMO instruments, including those being proposed for legislation;

e. Facilitate capacity development initiatives for technical personnel;

f. Engage in dialogue with other agencies, academic institutions, investors, private associations, non-governmental organizations, and other stakeholders on issues relating to the maritime industry at large, and call on their support, including those of technical experts, to ensure that actions taken by the Committee are informed and supported by international best practices and evidence-based analyses;

g. Develop and implement a monitoring mechanism to assess the ratification or accession process; and

h. Perform other tasks that the President or the Executive Secretary may direct.

SECTION 4. Creation of Technical Working Groups. — For each international maritime instrument or group of instruments under study or process, the Committee may create a Technical Working Group (TWG) composed mainly of representatives from the members of the said Committee, and designate a Lead Agency thereof.

SECTION 5. Funding. — The funding requirements for the participation and implementation of relevant activities shall be charged against existing appropriations of the members of the Committee, subject to availability thereof, and existing budgeting, accounting and auditing rules and regulations. Funding requirements for subsequent years shall be incorporated in the annual budget proposals of the members of Committee, subject to the usual budget process.

SECTION 6. Separability. — If any section or part of this Order is declared to be unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect.

SECTION 7. Repeal. — All orders, rules and regulations, issuances, or any part thereof inconsistent with the provisions of this Order are hereby repealed, modified or amended accordingly.

SECTION 8. Effectivity. — This Order shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation.

DONE in the City of Manila, this 28th day of December, in the year of Our Lord, Two Thousand and Twenty-One.

 

Published in the Official Gazette, Vol. 118, No. 3, p. 363 on January 17, 2022.