First Draft RBH Version - IRR of EO 75

IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 75 ENTITLED, DESIGNATING THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), THROUGH THE MARITIME INDUSTRY AUTHORITY, AS THE SINGLE ADMINISTRATION IN THE PHILIPPINES RESPONSIBLE FOR OVERSIGHT IN THE IMPLEMENTATION OF THE 1978 INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, AS AMENDED

Pursuant to Section 6 of Executive Order No. 75, this Implementing Rules and Regulations (IRR), is hereby promulgated: RULE I GENERAL PROVISIONS Section 1.Objectives.This IRR is hereby prescribed to carry-out the following: a. To maintain the Philippines position as the premier provider of competent, qualified and certificated seafarers in the domestic and international trade through an improved enhancedsystem of maritime education and training, examination and certification in accordance with international standards. b. To eExercise exclusive jurisdiction over Filipino seafarers as the single and central administration of the government in giving full and complete effect to the STCW Convention, as amended and other applicable international instruments. Section 2.Definitions.As used in and for purposes of this IRR, the following terms, are hereby defined as follows: 1. Certificate of Competency (COC) means a certificate issued and endorsed for masters, officers and Global Maritime Distress and Safety System (GMDSS) Radio Operators in accordance with the provisions of Chapters II, III, IV or VII to the Annex to the STCW Convention, as amended, and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein; 2. Certificate of Endorsement (COE) means 3. Certificate of Competency and Endorsement (CCE) 4. Certificate of Proficiency (COP) means a certificate other than a certificate of competency issued to a seafarer, stating that the relevant requirements of training, competencies or seagoing service in the Convention have been met;

Page 1 of 7

First Draft RBH Version - IRR of EO 75

5. Single Administrationrefers to an institutionalized government entity mandated by this Act to administer in giving full and complete effect to the STCW Convention and its subsequent amendments and likewise to take the lead in undertaking the comprehensive review and implementation thereof. 6. STCW Code means the Seafarers Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference resolution 2, as it may be amended by the Organization; 7. STCW Convention refers to the 1978 International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers and its subsequent amendments.

RULE II DESIGNATION OF SINGLE MARITIME ADMINISTRATION

Section 1.Designation of a Single Maritime Administration. The DOTC, through the MARINA, as the single maritime administration of the government, shall administer and ensure the effective implementation of the STCW Convention, as amended. Section 2.Powers and Responsibilities

1. Issue the Certificate of Competency (COC) / Certificate of Endorsement (COE), Certificate of Proficiency (COP) and the corresponding endorsements, as required, for purposes of deployment of seafarers to the international seaborne trade in compliance with the STCW Convention and its amendments; 2. Accredit or recognize an independent body, if necessary, to undertake assessment of the competence of the seafarers, for purposes of issuing COC/COP as required by the Convention. 3. Delegate certain functions as may be allowed by the Convention;

4. Establish and maintain a quality standard system covering its activities as the single administration in the effective implementation of the STCW Convention as amended.

Page 2 of 7

First Draft RBH Version - IRR of EO 75

5. Revocation of the accreditation of training programs by any non-complying maritime training center; 6. Issue circulars and regulations as may be necessary to effectively implement the Convention; 7. Participate as regular member of the Technical Panel on Maritime Education (TPME) of the Commission on Higher Education (CHEd) and Technical Assistant Panel / Technical Expert Panel (TAP / TEP) of the Technical Education and Skills Development Authority (TESDA), in the development and review of maritime education programs/courses to ensure that the programs, faculty/instructors, equipment/facilities are in compliance with the requirements of the STCW Convention, as amended; 8. Issue the Certificate of Dispensation in accordance with the STCW Convention, as amended; 9. Prescribe rules and regulation in recognition of certificates issued by or under the authority of another State party; 10. Communicate to the IMO and other concerned parties/agencies any supplemental information necessary, including subsequent amendments to its rules, regulations and/or relative to the Philippine compliance with or implementation of the Convention;
11. Serve as central repository of information including the development and

maintenance of electronic register or registries of all certificates and endorsements for masters, officers and ratings, as applicable, including the status of those certificates, which were issued, have expired or have been revalidated, suspended, cancelled or reported lost or destroyed, as well as dispensations issued, and make such registries available for verification by other Parties/companies.
12. To the exclusion of any other government agency, investigate any complaint

received regarding any reported incompetency, act, omission or compromise to safety, security or the protection of the marine environment that may be committed by any seafarer or holder of a certificate or endorsement in connection with the performance of his duties relative to such certificate or endorsement;
13. Take the lead in coordinating the Philippine position to relevant IMO meetings

pertaining to the implementation of the STCW Convention, as amended, including the comprehensive review thereof;

Page 3 of 7

First Draft RBH Version - IRR of EO 75

14. Prescribe, collect and regulate the administrative fees and charges relative to the

implementation of the STCW Convention, as amended;

15. Coordinate, monitor, verify, and require compliance of concerned government

agencies and entities involved in the implementation of the STCW Convention, as amended;
16. Conduct a comprehensive review of existing laws and regulations, through

consultations with the view of proposing amendments to the said laws and regulations to keep in step with the dynamic progression of the STCW Convention as amended, and
17. Undertake such other activities/works as necessary to implement the STCW

Convention, as amended, and this Executive Order.

18. Ensure that all the obligations of the Philippines as Party to the STCW

Convention are carried out including recognition of certificates issued by or under the authority of another Party;
19. Facilitate requests from other maritime administrations in coordination with other

government agencies involved regarding confirmation of Philippines compliance with Convention. RULE III PENALTIES The Director General, after due notice and hearing, is authorized to impose the following fines and penalties for each violation of the following acts:

RULE IV TRANSFER OF FUNCTIONS OF THE MARITIME TRAINING COUNCIL (MTC) AND TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA) Pursuant to Section 4 of EO 75 and to ensure that legal and administrative aspects of the transfer of functions are properly addressed, DOTC shall create a Transition Committee to be composed of representatives of MARINA, MTC, and TESDA. The Transition Committee shall have the following responsibilities: 1. Prepare and submit an Action Plan to the Secretary, DOTC to ensure a smooth turnover of functions;

Page 4 of 7

First Draft RBH Version - IRR of EO 75

2. Account for all the records, facilities, equipment, rights and other assets of MTC/TESDA that will be transferred to MARINA; 3. Implement the Action Plan.

RULE V ROLE OF OTHER DEPARTMENTS, BUREAUS, OFFICES, AGENCIES, INSTRUMENTALITIES OF THE GOVERNMENT The following departments, agencies, bureaus, offices, are hereby directed to render full assistance and cooperation to the DOTC, through the MARINA as may be necessary or appropriate in the performance of its functions; 1. 2. 3. 4. 5. 6. 7. 8. Department of Budget and Management (DBM) Department of Labor and Employment (DOLE) Department of Health (DOH) Commission on Higher Education (CHED) Professional Regulation Commission (PRC) National Telecommunications Commission (NTC) Technical Education and Skills Development Authority (TESDA) Overseas Workers Welfare Administration (OWWA)

RULE VI FUNDING AND PERSONNEL Section 1. Funding Requirement The DOTC shall identify the source of funds for the implementation of EO 75 and ensure that said funds is made available to MARINA, to facilitate transfer of functions and full implementation of EO 75 .

Section 2. Personnel Requirement - Transfer of Personnel of MTC . The DOTC, through the MARINA shall submit the organizational structure and staffing pattern, including the existing plantilla positions of the MTC to the Department of Budget and Management for approval and issuance of NOSCA.

Page 5 of 7

First Draft RBH Version - IRR of EO 75

RULE VII REPEALING CLAUSE a. All rules and regulations or parts thereof inconsistent with the provisions of this IRR are hereby repealed or modified accordingly. 1. Notwithstanding the foregoing, nothing in the Act or this IRR shall: (1) Diminish the powers and functions of the PRCas provided for under Republic Act No. 8544, also known as the Philippine Merchant Marine Officers Act of 1998_________; (2) Diminish the powers and functions of the TESDA created by virtue of Republic Act No. 7796, otherwise known as the Technical Executive Order No. ___, Education and Skills Development Act of 1994

RULE VIII TRANSITORY PROVISION Abolition of the MTC a. The MTC created under Letter of Instruction (LOI) No. _____ No. 7761404, a sectoral office of the Department of Labor and Employmentis hereby abolished, effective _______ 2012; b. Qualified MTC personnel shall be given preference in the filling-up of STCW Office plantilla positions subject to existing civil service rules and regulations; c.b.All powers, duties and rights vested by law and exercised by the MTCis hereby transferred to the Authority; d.c.All assets, real and personal properties, funds and revenues owned by or vested in the different offices of the MTC are transferred to the Authority. All contracts, records and documents relating to the operations of the abolished agency and its offices and branches are likewise transferred to the Authority. Any real property owned by the national government or government owned corporation or authority which is being used and utilized as office or facility by the shall be transferred and titled in favor of the Authority.

RULE IX EFFECTIVITY

Page 6 of 7

First Draft RBH Version - IRR of EO 75

EffectivityClause. This Implementing Rules and Regulations shall be effective fifteen (15) daysafter the completion of two (2) successive publications in a newspaper of general circulation and from the date of filing of this IRR with the University of the PhilippinesLaw Center.

Page 7 of 7