Guidelines on the Management of Berth Assignments at the Port of Batangas, Phase 1

January 11, 2017

PPA ADMINISTRATIVE ORDER NO. 01-17

 

1. AUTHORITY

1.1 Sections 6-a (v) and 26 of Presidential Decree No. 857, as amended. cDHAES

1.2 PPA Administrative Order No. 13-77, "General Port Regulations of the Philippine Ports Authority."

1.3 Article IV of the Contract for the Management, Operation, Maintenance and Development of Phase 1, Port of Batangas, entered into by the Philippine Ports Authority (PPA) and ATI Batangas, Inc. (ATIB) jointly with Asian Terminals, Inc. (ATI) on October 02, 2015.

2. SCOPE

These guidelines shall apply to all vessels calling or intending to call at the Batangas Port, Phase I.

3. OBJECTIVES

3.1 To provide guidelines governing the smooth transfer of the authority to approve/issue berth assignments from PMO-Batangas to ATIB/ATI as the authorized Terminal Operator at the Port of Batangas, Phase I.

3.2 To establish the responsibility of ATIB/ATI and PPA in undertaking berth management at Phase I, Port of Batangas.

3.3 To prevent damage to the port facilities and the vessels berthed thereat.

4. GENERAL GUIDELINES

4.1 As a matter of policy, the common-user and the "first come-first serve" basis shall be the general rule in determining berthing priorities of vessels, subject to the exceptions provided in this Order.

4.2 The management of berth assignments at pierside at the Port of Batangas, Phase I, shall be the responsibility of ATIB/ATI.

5. SPECIFIC GUIDELINES

5.1 Berthing Application — All Notice of Arrivals/Applications for Berth (NOA/ABA) shall be filed by shipping companies/ship agents with ATIB/ATI. ATIB/ATI shall approve and assign the berth and shall provide PPA (Marine Section and VTMS) with a copy of the approved NOA/ABA. TCAScE

5.2 Departure Clearance — Departure clearance of vessels shall continue to be secured from and granted by PPA. In this regard, ATIB/ATI shall ensure that prior clearance from the Authority has been secured before allowing the departure of the vessel for her next port of call.

5.3 Berthing Priorities — As a general rule, the "first come-first serve" policy on berth allocation based on the ETA of the vessel shall be observed. However, the following shall be given priority to berth:

5.3.1 Vessels in distress or in state of emergency where life or property is endangered;

5.3.2 Vessels of the Philippine Government during the duration of the official business; and vessels of foreign governments on goodwill visits to the Philippines;

5.3.3 Vessels carrying embarking/disembarking passengers;

5.3.4 Vessels carrying supplies and relief goods including perishable goods for unloading without delay;

5.3.5 Vessels intending solely for the purpose of loading fresh water, bunkering or victualing before such vessel will be able to depart for another port provided that such stay time shall not exceed the allowable period of time;

5.3.6 Other vessels when public interest so requires.

5.4 Shifting of Vessels — ATIB/ATI shall be responsible for the issuance of shifting orders to vessels that will be shifted to the anchorage area. PPA shall be immediately provided with a copy of said shifting order to assign the coordinates of the vessel's designated anchorage area. The shifting of a vessel to the anchorage area does not require the issuance of a clearance by PPA. Any vessel which remains at her berth despite the issuance of a shifting order shall be penalized pursuant to PD 857, as amended.

5.5 Vessel Traffic Management System — The ATIB/ATI, in coordination with the VTMS Control Center, shall submit a Daily Report on all arrival/departures of vessels calling at the Port of Batangas, Phase I including any shifting/movements to other berths, the berth/anchorage assignments and the length of stay of vessels. From time to time, PPA may require other data from ATIB/ATI as deemed necessary and appropriate.

5.6 Prohibition — In order to maximize the utilization of available berths at Phase I, Port of Batangas, vessels are prohibited to undertake repairs at berth.

6. POWERS OF PPA

6.1 PPA shall retain its oversight authority and regulatory powers over berth management at Batangas Port, Phase I to ensure the efficient management of berthing facilities and the smooth flow of cargo and passengers in and out of the port. ASEcHI

6.2 PPA through PMO Batangas shall have the power to collect port charges from vessels and to issue departure clearance to vessels.

6.3 PPA through PMO Batangas shall have the power to resolve conflict of berthing assignments arising from emergency, crisis, natural calamities, strikes and pier congestion.

6.4 Nothing in these guidelines shall preclude PPA from withdrawing the authority granted herein for failure to achieve the intention of this Order.

7. PENALTY CLAUSE

Defiance/non-compliance by the Master of the vessel/shipping line owners or their authorized representatives to the shifting order issued by PPA/ATIB-ATI shall subject the person/company involved to the penalties prescribed under Section 43 of P.D. 857, as amended, and under any other laws that may be applicable thereto.

8. REPEALING CLAUSE

All rules, regulations, guidelines and other issuances or parts thereof which are contrary or inconsistent herewith are hereby repealed or modified accordingly.

9. EFFECTIVITY

This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Effectivity Date: February 1, 2017.

(SGD.) JAY DANIEL R. SANTIAGO

General Manager

Published in The Philippine Star on January 17, 2017.