APRIL 8, 2012 DATE

NR # 2703
REF. NO.

House okays Prevention of Pollution from Ships Act of 2012

The House of Representatives has passed on second reading a bill preventing and controlling pollution from ships. House Bill 6023, authored by Reps. Maria Evita Arago (3rd District, Laguna), Irvin Alcala (2nd District, Quezon), Ben Evardone (Lone District, Eastern Samar) and Juan Edgardo Angara (Lone District, Aurora) aims to prevent or minimize marine pollution covering oily substances, harmful and toxic substances, garbage, sewage and other pollutants coming from ships and floating structures. The measure, which substitutes House Bills 2585, 1888 and 509, also seeks to harmonize institutional arrangements concerning marine pollution and strengthen and complement enforcement of existing related laws on marine pollution, including the International Convention for the Prevention of Ships. Arago said it is the vision of the measure that a mechanism for environmental guarantee be institutionalized to finance the needs for emergency response, clean-up or rehabilitation of areas that may be damaged. Alcala said it is their desire to take an active stance while the concerned sector is making its move towards the early ratification of MARPOL. The rampant degradation of the marine environment intensifies the need for the immediate passage of this measure. Evardone said environmental protection has been one of the fastest growing concerns of countries around the globe. It is not surprising to note that the Philippines, experiences, more than ever, the harmful and inconvenient results of humanitys abuse of the gift of the earth and the continued negligence of people. Angara said the measure seeks to implement international treaties, such as provisions of the MARPOL 73/78 - which is the International Convention for the Prevention of Pollution from Ships, as modified by Protocol of 1978, and other related protocols and annexes. Under the measure to be known as the Prevention of Pollution from Ships Act of 2012, Philippine ships, wherever they may be found and foreign-flagged ships, whether or not they are registered with state parties to the Convention are included in the coverage of all ships. The bill streamlines jurisdiction, responsibilities and functions of the Department of Transportation and Communication (DOTC), Philippine Coast Guard (PCG), Maritime Industry Authority (MARINA) and the Philippine Ports Authority (PPA), specifically MARINA which has flag state control over Philippine ships, while PCG has jurisdiction over all ships operating or found within Philippine waters and ports. The measure creates the Marine Pollution Adjudication Board which is vested with quasi-judicial powers to adjudicate marine pollution cases. The bill likewise defines prohibit acts and the corresponding penalties for violation, both administrative and criminal and provides a penalty or dismissal from service of government employees who connive with the ships crew to violate or permit any violation. (30) lvc