MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 93, April 12, 1999 ]
AMENDING EXECUTIVE ORDER NO. 396, ENTITLED “PROVIDING THE INSTITUTIONAL FRAMEWORK FOR THE ADMINISTRATION OF THE STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS IN THE PHILIPPINES”
WHEREAS, it is the declared policy of the Government to comply with International Maritime Convention adopted by the International Maritime Organization (IMO) to which the Philippines is a contracting Party;
WHEREAS, the Philippines is obliged to give full and complete effect to the 1978 Standards of Training, Certification and Watchkeeping for Seafarers (STCW) Convention, as amended in 1995, being a party thereto;
WHEREAS, the Philippines has officially submitted its STCW compliance report to the IMO Secretary-General last 29 July 1998, in compliance with Article IV of the Convention, Regulation I/7 of the amendments to the Annex to the Convention and Section A-1/7 of the STCW Code, in pursuance to the objective to include the country in the IMO “White List”;
WHEREAS, there is an urgent need to strengthen the institutional framework for the administration of the 1978 STCW Convention, as amended, in order to effectively implement the provisions of the Convention, thereby ensuring the compliance by the Filipino seafarers with the above standards;
WHEREAS, the Maritime Industry Administration (MARINA) is known to all IMO-member States to be the lead agency for the implementation of the 1978 STCW Convention, as amended, by virtue of Executive Order (EO) No. 396, Series of 1997, as well as the agency responsible for ensuring that the Philippines comply with its commitment in the implementation of all IMO maritime safety conventions and instruments;
WHEREAS, it will be to the best interest of the Philippines, in general, and the Filipino seafarers, in particular, for MARINA to maintain, consistent with existing laws, its role as lead agency for STCW Administration;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order the amendment of Executive Order No. 396, providing for the institutional framework for the administration of the 1978 STCW Convention, as amended, in the Philippines.
Section 1. Administration for STCW. The Maritime Industry Authority (MARINA) shall continue to be the lead agency and the Administration for the implementation of the 1978 STCW Convention, as amended. As such, and subject to existing laws and their implementing rules and regulations, it shall have the following obligations and responsibilities:
1. Communicate to the IMO and other concerned parties/agencies any supplemental information necessary, including subsequent amendments to its rules, regulations and/or procedures relative to the Philippine compliance/implementation of the Convention;
2. Issue the STCW endorsement as the lead agency and the Administration for the implementation of the 1978 STCW Convention, as amended, under Executive Order No. 396, S. of 1997 upon issuance of the certificates of competency by the Professional Regulation Commission (PRC) under Republic Act No. 8544 and its corresponding endorsement to MARINA in accordance with the standards of the Convention;
3. Coordinate, monitor, and verify compliance by concerned government agencies with their Quality Standards System pursuant to Regulation I/8 of the Convention;
4. Participate in any policy formulation activities by concerned government agencies as they pertain to the implementation of the Convention;
5. Facilitate requests from other maritime administrations of validation of Philippine compliance with the Convention in accordance with Regulation I/10, para. 1.1;
6. Serve as the central repository of information relative to Regulation I/9 of the Convention; and
7. Perform such acts as are proper and necessary to effectively implement this Executive Order.
Section 2. Chairmanship of the STCW Executive Committee (EXCOM). The MARINA Administrator shall be designated Chairman of the EXCOM with the heads of the Commission on Higher Education, Professional Regulation Commission, Technical Education and Skills Development Authority and the Department of Health as regular members. The membership may be expanded by the EXCOM from the government entities mentioned in Section 2 of EO No. 396, to include private sector associations as may be deemed necessary.
Section 3. Repealing Clause. All issuances, rules and regulations, or parts thereof, inconsistent with the provisions of this Order, are hereby repealed or modified accordingly.
Section 4. Effectivity. This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
DONE in the City of Manila, this 12th day of April, in the year of Our Lord, nineteen hundred and ninety-nine.1a⍵⍴h!1
(SGD.) JOSEPH EJERCITO ESTRADA
President of the Philippines
By the President:
(SGD.) RAMON B. CARDENAS
Senior Deputy Executive Secretary
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