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Ship classification
(May 10, 2004)
Ship classification is regarded
as the development and worldwide implementation
of published rules and regulations governing structural
strengths of all parts of the hull and its appendages,
and the safety and reliability of the main propulsion
and steering systems and auxiliary systems built
into a ship in order to maintain basic conditions
on board, enabling the ship to operate in its
intended service from the perspective of insurers,
cargo shippers, administrative authorities and
other parties.
A ship built in accordance with
an IACS member rules and regulations and which
fulfills the applicable stability requirements
will be assigned a class in the Register Book
of the Society. Each Member Society maintains
the provisions of class through periodical visits
by its surveyors to the ship in order to ascertain
that the ship continues to comply with the rules
of the Member Society.
A ship is said to be in class
when the rules and regulations that pertain to
it have, in the opinion of the Society, been complied
with. Classification is vital for the structural
and engineering design, construction and operation
of ships, and affects shipbuilding, maintenance
and repair, ship brokering, chartering, marine
insurance, and banking.
The classification certificate
issued by a Member Society is a document which
confirms that a ship has been designed and built
in accordance with that Society's rules and is
fit for its intended service. Failure to meet
the standards set by the Society or non-compliance
with the recommendations issued as a result of
a survey may result in the suspension or withdrawal
of class.
Safety of Life at Sea Convention
(SOLAS) The International Convention for the Safety
of Life at Sea (SOLAS) specifies the minimum standards
for the construction, equipment and operation
of ships. It covers the different aspects of safety
at sea. It is the most important international
treaty affecting the safety of merchant ships.
It is mainly applicable to vessels
engaged in international shipping and trade. The
Convention currently in force is better known
as the SOLAS 1974 as amended, or the SOLAS 74/78.
Its provisions include regulations
governing:
* Vessel construction, repair,
modification and outfitting,
* Fire protection, detection
and prevention,
* Life
saving appliances,
* Radio communications and navigational
equipment,
* Safety of navigation,
* Carriage of cargo including
dangerous cargo,
* Management for the safe operation
on ships (or the International Safety Management
Code),
* Safety measures for passenger
vessels, high speed craft, bulk carriers, tankers,
roll on-roll off vessels and other vessels,
* Safe manning levels,
* Pollution prevention for tankers
and other vessels,
* Regulations affecting vessel
traffic services, and
* Other similar regulations
The first convention was adopted
in 1914 in reaction to the accident involving
the RMS Titanic. It has seen subsequent amendments
and has since been updated to what is now known
as the 1974 SOLAS Convention.
Under its provision, the "flag
state", or the government of the flag which a
vessel flies, has the responsibility for ensuring
that such vessel complies with the requirements
of the SOLAS Convention and possesses the necessary
statutory certificates to evidence such compliance.
Port State Control Governments
of other IMO-member nations at which port a vessel
may be found, or "port states," have the authority
to inspect ships of other IMO-member country if
there are clear grounds for believing that the
ship and its equipment do not substantially comply
with the requirements of the SOLAS Convention.
This procedure is known as "Port State Control".
The convention is kept up to date
by periodic amendments by the IMO. The amendments
enter into force through tacit acceptance procedure
and is deemed binding on all member states on
the date specified by the amendment.
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Maritime
Safety MIC Advocacy (April 26, 2004)
The Maritime Industry
Cluster is advocating for safer ships and cleaner
seas for our domestic merchant marine fleet. There
is an urgent need to institute an aggressive safety
regulatory framework for our domestic fleet.
We must agree
how international standards may be applied or
adopted to the domestic fleet which, because of
the nature of its operations, differ in size,
specifications, operations and usage, as well
as management sophistication, from that of international
shipping.
There is also
a need to establish a career path progression
and a certification program for seafarers serving
on domestic fleets, so that they can look forward
to making their way to international manning without
jeopardizing the manning requirements of the domestic
fleet.
The international
standards for vessel safety and crew training
are rigorous. Our government
regulatory agencies have adopted some of these
standards for larger vessels, or those with sizes
of 500 gross registered tons (GRT) or more.
Standards for
smaller vessels or those with sizes below 500
GRT have to be definitely determined and implemented
so that the ambiguity of present regulations may
be clarified. Likewise, there are international
standards for training required of seafarers serving
on international vessels.
Domestic seafarers
are required to undergo training for safety certification
at another level. In order to achieve a zero-accident
record in Philippine waters and gain public trust
and confidence in the industry, government and
the private sector must work together to design
a maritime safety framework that will be implemented
over the next two to three years.
Safety Standards
in the International Trade International Standards
Shipping is probably the most globally regulated
of all industries. From the middle of the 19th
century, countries with strong maritime traditions
recognized the need to develop international regulations
that could be followed by all shipping nations.
Countries have
since moved towards setting a uniform standard
for the worldís shipping fleet. Shipping, therefore,
has become one of the most regulated industries
globally.
International
Maritime Organization (IMO) The International
Maritime Organization (IMO) is the permanent international
body that is given the task to promote maritime
safety. It seeks to ensure
safer ships and cleaner oceans.
The IMO is part
of the United Nations Organization. It is mandated
to provide the machinery for cooperation among
governments in the field of governmental regulation
and practices relating to technical matters affecting
shipping in the international trade, particularly
setting standards concerning maritime safety,
efficiency of navigation, and the prevention and
control of marine pollution from ships.
Codes and conventions
of the IMO are made applicable to vessels engaged
in international shipping. International Association
of Classification Societies (IACS) The International
Association of Classification Societies (IACS)
was born out of the need of marine insurance underwriters
to provide a system of inspection for ships' hulls
and equipment.
A committee,
created among insurance underwriters in the mid-18th
century, was given the task to classify the condition
of the vessel's hull and its equipment on an annual
basis to determine the fitness of a ship for the
voyage to be undertaken.
The vessel's condition
was published in a register and made available
to underwriters. The leading underwriters of the
time called themselves "Members of the Society".
The system, however, eventually
fell into disrepute.
This forced the
members to clean up their system and organize
themselves into a self-standing "classification
society". This became known as the "Lloyd's Register
of British and Foreign Shipping" and was the model
used by other countries in setting up their own
organizations for the classification of their
vessels.
The creation
of other classification societies facilitated
cooperation among them. However, technical regulation
of vessels did not come until the formal organization
of the IMO. Since then class rules have become
the technical basis for gauging the safety of
ship structural and engineering systems.
The IACS was formed
in 1968 with seven leading societies as members.
Their combined level of knowledge of and experience
in ship structural and engineering systems paved
the way for their consultative status at IMO.
They are the only
non-government organization able to develop and
apply international maritime rules.
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Laws
regulating the industry (April
12, 2004)
Laws creating
shipping regulatory agencies
* The Maritime
Industry Decree of 1974 (Presidential Decree [PD]
no. 474)
* The Coast Guard
Law (Republic Act [RA] No. 5173)
*
The Revised Coast Guard Law of 1974 (PD No. 601),
as amended
* The Charter
of the Philippine Ports Authority (PD No. 857)
* The Charter
of the Cebu Ports Authority (RA No. 7621) Regulatory
and Commercial Laws governing shipping
* The Public Service
Act of 1936 (Commonwealth Act No. 146)
* The Salvage
Law (Act No. 2616)
*
The Code of Commerce (Articles 573-869, Book Three,
"Maritime Commerce")
* The Civil Code
of the Philippines (Articles 1732-1766, "Common
Carriers")
* The Carriage
of Goods by Sea Act (Commonwealth Act No. 65)
* The Ship Mortgage
Decree of 1978 (PD No. 1521)
* Amending Section
806 of the Tariff And Customs Code of the Philippines,
As Amended, By Allowing The Registration Of Vessels
The Ownership Of Which is Vested in Corporations
Or Associations, At Least Sixty Percent Of The
Capital Stock or The Capital Of Which Belong To
Citizens Of The Philippines (PD No. 761, As Amended)
* An Act To Regulate
The Transfer of Vessels and Of Shipping Facilities
And To Provide Penalties For The Violation Thereof
(Commonwealth Act No. 606, As Amended)
* Allowing The
Temporary Registration of Foreign-Owned Vessels
Under (Time) Charter or Lease To Philippine Nationals
For Use In The Philippine Coastwise Trade Subject
To Certain Conditions (PD No. 760, As Amended)
*Requiring All
Philippine-Owned and/or Registered Vessels To
Undertake Repairs and Drydocking with MARINA-Registered
Ship Repair Yards (PD No. 1221)
* Regulating the
Operations of Shipbuilding and Ship Repair Yards
(PD No. 1059)
* Removing Red
Tape and Reducing Clearance Requirements for Inter-island
Vessels (Executive Order No. 493, series of 1992)
* Deregulating
Entry Into Domestic Liner Routes (EO No. 185,
series of 1994)
* Deregulating
Domestic Shipping Rates (EO No. 213, series of
1994) Incentives Laws Governing Shipping
*
The Philippine Overseas Shipping Act of 1955 (RA
No.1407), as amended by RA No. 6106 and PD No.
214
* The Philippine
Overseas Shipping Development Act (RA No. 7471)
*
Providing for Incentives to the Shipbuilding and
Repair Industry (PD No. 666)
* Providing Incentives
to the Shipping Industry by Granting Additional
Deductible Items for Income Tax Purposes (PD No.
667)
*
Providing Direct Incentives for the Development
of Philippine Overseas Shipping (PD No. 806)
*
Requiring Government Offices, Agencies, Instrumentalities
and Government-Owned or Controlled Corporations,
Persons and Entities Enjoying Tax Exemption, Incentive
or Subsidy from the Government to Utilize in International
Transportation the Services of the Philippine
Flag Carrier and Shipping Lines and for Other
Purposes (PD No. 894 as amended by PD No. 1466)
*
Authorizing the National Development Company to
Assist Local Shipbuilders and Persons and Entities
Engaged in Inter-island Shipping and Appropriating
Funds Therefor (PD No. 878)
*
Omnibus Investments Code (EO No. 226) Laws Governing
Seafaring
*
Labor Code of the Philippines, As Amended (PD
No. 442)
*
Reorganizing the Ministry of Labor and Employment
Creating The Philippine Overseas Employment Association,
and For Other Purposes (Executive Order no. 797,
series of 1982 as amended by EO No. 247, series
of 1987)
*
An Act to Institute the Policies of Overseas Employment
And Establish A Higher Standard Of Protection
and Promotion Of the Welfare of Migrant Workers,
Their Families and Overseas Filipinos In Distress,
And For Other Purposes (RA No.8042)
AGENCIES REGULATING
THE INDUSTRY Domestic Shipping
* Maritime Industry
Authority • Philippine Ports Authority
* Philippine
Coast Guard
*
Department of Transportation and Communications
*
Department of Environment and Natural Resources
*
Department of Energy
* Department of
Agriculture
*
Department of Interior and Local Government
*
Department of Tourism
* Bureau of Customs
*
Bureau of Quarantine
* Bureau of Plant
Industry
* Bureau of Animal
Industry
* Bureau of Fisheries
and Aquatic Resources
* National Food
Authority
*
Sugar Regulatory Agency • Philippine National
Police
*
Philippine Atmospheric Geophysical and Astronomical
Services Administration
*
National Mapping and Resource Information Authority
*
National Telecommunications Commission
*
Videogram Regulatory Board Overseas Shipping
*
Maritime Industry Authority
* Philippine Ports
Authority
*
Philippine Coast Guard
* Department of
Transportation and Communications
*
Department of Foreign Affairs
* Bureau of Immigration
*
Bureau of Customs
*
Bureau of Quarantine Seafaring
*
Department of Labor and Employment
*
Maritime Industry Authority • Department
of Foreign Affairs
*
Department of Education, Culture and Sports
*
Department of Health • Commission on Higher
Education
*
Maritime Training Council •Professional Regulatory
Commission
* National Conciliation
and Mediation Board
*
National Labor Relations Commission
* National Telecommunications
Commission
*
Overseas Workers Welfare Administration
*
Philippine Overseas Employment Administrationation
*
Bureau of Customs
* Bureau of Investments
2004
Q2 |2004
Q1
2003 Q4
l 2003
Q3 l 2003 Q2 l 2003 Q1
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