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Home3PL/4PLPNP shifts responsibility for transport of regulated chemicals to 3PLs, manufacturers

PNP shifts responsibility for transport of regulated chemicals to 3PLs, manufacturers

The Philippine National Police (PNP) will soon implement new guidelines transferring the responsibility for transporting controlled chemicals from the police to logistics service providers, manufacturers, dealers, and purchasers, and adopting accreditation procedures for such providers.

An unnumbered memorandum circular has already signed by PNP chief Ronald Dela Rosa but has yet to be filed at the University of the Philippines Law Center.

The order shall take effect 15 days after filing of a copy at the UP Law Center. PortCalls understands that the order has yet to be filed as of this writing.

The memorandum covers guidelines and procedures for the accreditation of logistics providers, customs brokers, freight forwarders, and truckers, manufacturers, dealers, and purchasers that have company-owned vehicles engaged in the land transportation and movement of controlled chemicals using truck lorries, tractor head loading container vans, closed vans, and similar other vehicles.

PNP noted that controlled chemicals are considered dangerous goods, which when transported “require a higher degree of caution, prudence, and diligence as well as exacting standards of safety and security.”

“The criticality and vulnerability of controlled chemicals transport cannot be taken for granted, thus, both the government and the private sector should take the concrete step to ensure the proper transport of these goods with the end view of promoting business as well as ensuring public safety,” the memo circular stated.

It added that PNP is the sole authority that regulates and supervises the possession, manufacture, dealing in, acquisition, or disposition of controlled chemicals, which include their movement and transportation.

It cited that under Section 7.2 of the Implementing Rules and Regulations of Republic Act (RA) No. 9516, “the PNP, through the CSG (Civil Security Group), shall formulate policies and guidelines for the operationalization of PNP accredited logistics service provider/broker/ forwarder/trucker to be utilized in the movement and transportation of controlled chemicals.”

Previously, PNP explained, the transport of controlled chemicals entailed the presence of police officers who were compensated for their professional services. But under the new guidelines, transporting controlled chemicals becomes the responsibility of accredited logistics provides (ALP).

PNP said one of the benefits to be derived from this shift in authority includes lifting the burden from the national police of “depleting its human resources whose services are better use for the national government’s campaign against illegal drugs.”

The transport service vehicles (TSVs) of ALPs are also enabled by global positioning system (GPS) devices that will allow PNP to more efficiently monitor the location, direction, and position of such vehicles in transporting controlled chemicals from the origin to the intended destination “possibly in near real time basis.”

It added that the use of TSVs is “inarguably safer and more cost efficient, reducing safety accidents by more than 80% and increasing productivity levels by more than 50%.”

Within one month of the circular’s approval, a PNP accreditation board will be created to evaluate all applications and recommend the accreditation of applicants to the approving authority.

Logistics service providers, brokers, forwarders, truckers, manufacturers, dealers, and purchasers with company-owned vehicles will be accredited by the board once they comply with the requirements set forth under the MC.

Pending the Firearms and Explosives Office Nationwide Automation, one police security escort shall be required for every movement and transportation of high-risk controlled chemicals.

Within three months after approval of the MC, there will be mandatory accreditation of logistics service providers, brokers, forwarders, truckers, manufacturers, dealers, and purchasers with company-owned vehicles for transportation of low-risk and high-risk controlled chemicals.

Accredited logistics providers, brokers, forwarders, truckers, and company-owned vehicles will have the authority to transport controlled chemicals belonging to a licensed entity, using truck lorries, tractor head loading container vans, closed vans, and similar other accredited vehicles from the point of origin to the end destination.

The accreditation certificate will be valid for one year from the date of issuance, and application for renewal must be filed 30 calendar days before the certificate expires.

Accredited manufactures, dealers, and purchasers that have company-owned vehicles, meanwhile, will have the authority to transport and move controlled chemicals only for their licensed clients and for their own consumption.

The PNP chief or his authorized representative, upon the recommendation of the accreditation board, will impose penalties to accredited ALPs for failure to maintain a permanent record of all transactions, failure to submit reports on a monthly basis, submission of erroneous reports, or failure to observe the guidelines in moving controlled chemicals.

For the first offense, a penalty of half of the accreditation fee will be imposed, and 100% of the accreditation fee will be levied for the second offense. Third-time offenders will have their accreditation revoked.

Accreditation may also be revoked if an unlicensed person or entity moves or transports controlled chemicals without permit; an unlicensed or unlisted driver does the transporting; and the applicant submits falsified documents when seeking accreditation. – Roumina Pablo

Image courtesy of nitinut at FreeDigitalPhotos.net

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