• The draft revised guidelines are “still in the works” but that this is being treated with urgency, according to PPA Marine Services Division manager Rey Del Moro

• There are currently 19 authorized PRF providers servicing PPA ports, with some serviced by more than one PRF provider

The Philippine Ports Authority (PPA) is still working on proposed revised guidelines on the provision of port reception facility (PRF) as well as accreditation and issuance of permit to operate (PTO) for PRF/waste disposal service providers.

The draft revised guidelines are “still in the works” but that PPA is “treating this with urgency,” PPA Marine Services Division manager Rey Del Moro said during the during the 192nd Maritime Forum by The Maritime League on August 27.

PPA last year conducted a public consultation for its proposed revised rules aimed to streamline standards for providing PRF for prescribed wastes. It will repeal inconsistent orders, including PPA Administrative Order (AO) No. 02-2003, which provides implementing guidelines on International Maritime Organization’s International Convention on the Prevention of Pollution from Ships (MARPOL 73/78) requirements for shore reception facilities.

READ: PPA seeks revised port reception facility guidelines

The revised guidelines will apply to all ships calling at government and private ports under PPA jurisdiction, except warships, naval auxiliary or other ships owned or operated by the Philippines and other flag states used for the time being only on government non-commercial service subject to exemptions.

One of the proposed policy’s objectives is to comply with requirements of MARPOL 73/78, and other relevant international conventions and national waste-related regulations pertaining to PRF.

PPA Port Operations Department manager Ma. Asuncion Hiyasmin delos Santos earlier said PPA is now using the term PRF instead of shore reception facility, the two being the same, except PRF is more commonly used.

Under the proposed guidelines, there should be adequate PRF in all PPA ports available on a 24-hour, seven days a week basis. It will remain compulsory for ships to dispose of their prescribed wastes to PRFs provided by PPA or through PRF providers before leaving the port/terminal.

According to Del Moro, there are currently 19 authorized PRF providers servicing PPA ports, with some serviced by more than one PRF provider.

Amongst PPA ports, the top four ports with the highest amount of liquid wastes collected in 2023 were Manila, Batangas, Bohol and Davao. The top four ports with the highest amount of solid wastes in 2023, meanwhile, were Manila, Batangas, Bohol, and Bicol.

Ships will be required to access the PPA’s Internet-based Port Operations Receipting for Terminals System (iPorts) and give details of required data, including those on ship-generated waste onboard.

Ships must also pay corresponding prescribed waste reception fees based on the type of waste and ship gross tonnage. A fixed fee will be imposed on every ship, including vessels with zero waste disposal.

The schedule of waste reception fees are prescribed in PPA AO 08-2018 (interim guidelines on the issuance of PTO for shore reception facilities waste disposal service provider) and its subsequent amendments.

Ships that have submitted waste declarations with incomplete, inadequate, or inaccurate data and failed to meet the advance notification requirements may be denied entry or refused allocation of berth.

Ships engaging the services of a PRF provider not authorized by PPA or failing to dispose of prescribed wastes when necessary, or refusing to pay corresponding prescribed waste reception fees, may also be denied issuance of departure clearance.

Ships that fail to comply with existing environmental protection and regulations will be subject to penalties under Section 43 of Presidential Decree No. 857 (Revised charter of PPA), as amended by Executive Order No. 513, and under any other applicable laws.

Meanwhile, the proposed guidelines for accreditation and issuance of PTO, when approved, will be the standard rules. Under AO 08-2018, only interim guidelines were approved.

The proposed guidelines will apply to port service providers securing PTO for the provision of PRF services in government and private ports, including harbors/fairways and extensions under the jurisdiction of the PPA.

Under the proposal, each PPA port management office (PMO) should still facilitate the processing and issuance of PTO to a provider who meets the qualifications to operate reception facilities and undertake the regular collection, treatment, and disposal of waste/refuse from vessels calling at each port.

Only providers with PTO issued by PPA will be authorized to perform PRF services in each port.

The PTO will be valid for three years from the date of issuance. It will be subject to annual review by PPA to ensure the PRF provider’s strict adherence to the terms and conditions stipulated in the permit.

The terminal operators and/or cargo-handling operators can still nominate one or more PRF providers as long as they are duly accredited by PPA and subject to compliance with the requirements for PTO issuance.

Registered private ports will still be primarily responsible for providing PRF service whether on their own or by contracting a qualified third-party provider.

For services rendered in registered private ports, the parties may agree on applicable rates, provided those rates are submitted to PPA for approval before adoption.

Any violation of the terms and conditions stated in the issued PTO will be subject to the following proposed penalties:

–          First violation – a stern warning

–         Second violation – P50,000 plus suspension of the PTO for one year

–         Third violation – cancellation/revocation of the PTO

A PTO may also be revoked or cancelled any time for violating provisions of PD 857 and the requirements under the PTO, for engaging in activities other than those authorized by PPA, and for failure to pay the required fees/government shares for more than three months, among other reasons.

Aside from the review of guidelines, Del Moro said other “opportunities for improvement” of PRF operations include harmonization of issuance and policies of agencies involved in ship waste management, and capacity building for PRF providers. Another is the strengthening PPA’s monitoring and assessment activities, as well as more effective and sustained coordination with concerned government agencies such as the Department of Environment and Natural Resources, Bureau of Customs, Philippine Coast Guard, and LGUs. – Roumina Pablo.

By: Portcalls | 29Aug2024

Source: PPA still working on port reception facility guidelines – PortCalls Asia