THE Maritime Industry Authority (Marina) claims the Philippine Coast Guard (PCG) is encroaching on its duties and functions under the proposed implementing rules and regulations (IRR) of Republic Act 9993 or the PCG Law of 2009.
In a position paper on the IRR, Marina insisted that safety regulatory functions reside with the agency under the Domestic Shipping Development Act of 2004 (RA 9395) while the PCG should only enforce maritime policies and regulations set by Marina.
“The concept of the regulatory power vis-à-vis enforcement power should be encouraged… Marina as flag administration to continue the issuance of statutory certificates in vessel safety and PCG to discharge and enforce functions through port state control,” Marina said in the paper.
Beyond the limits of the law
“The proposed IRR exceeded the limit of the law. Marina has naval architects, naval engineers and technical capabilities to conduct inspection before the vessel is registered, and PCG will only enforce maritime policies and regulations set by Marina.”
Under RA 9993, the PCG is mandated to conduct inspection on all merchant ships, including prior to their departure to ensure compliance with safety standards. The PCG has also said inspections may be done periodically and randomly.
Based on the draft IRR, no vessel will be registered or its license renewed with the Marina unless the PCG undertakes a safety inspection, including a background check on the vessel to validate alterations made, a common cause for ships that capsize.
Marina welcomes the shared responsibility, saying the PCG can conduct inspections based on a checklist provided by Marina.
Earlier, local and international shipping operators said the new PCG law’s proposed IRR merely duplicates policies already enforced by Marina. If the IRR is implemented as is, this will only result in duplication of fees, they added.
PCG expects to come out with the approved IRR by month’s end or before the onset of the rainy season when many sea mishaps occur.
