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THE
Department of Transportation and Communications (DOTC)
said it is in no hurry in implementing the law that
slaps a 10-centavo levy on tankers for every movement of
oil products, but the agency wants all holes to be
plugged before the law takes effect.
DOTC
Undersecretary Maria Elena Bautista said the law, or
Republic Act 9483 Oil Pollution Management Act of 2007,
will now be implemented after all legal implications,
such as the overlapping issue with international
oil-pollution conventions, has already been resolved.
“The
earliest that the law will be implemented is during the
third quarter [this year]. This is to give operators
ample time to prepare and for DOTC to design fool-proof
implementing guidelines to prevent possible legal tussle
in the future,” Bautista said.
She said
they still have to address issues such as the time line
of the collection of the levy, the ceiling amount of the
oil-pollution fund, and the length of the replenishing
period once money is drawn from the fund.
“We are
not in the hurry to enforce the law. There is much work
to be done even with after getting a favorable opinion
from the Justice department. We will still continue to
consult the stakeholders in crafting the guidelines for
a harmonized and smooth discharge of the law,” Bautista
said.
On the
other hand, tanker groups, led by Philippine Petroleum
Sea Transport Association and Association of Tanker
Operator of the Philippines, has kept its plan of action
from the public, but hinted there will be legal actions
to be made in case the law is implemented.
The law
seeks to implement a 10-centavo levy from the freight
rates to form part of the oil-pollution fund of about P1
billion for the first year of collection. The law,
however, is putting all the responsibility only to the
tankers and not to every vessel in the country.
Tankers
warned that they have no choice but to pass the added
cost to their clients, the petroleum companies, which
would then will have to jack up its consumer prices.
As a
result, the tanker operators and oil firms, through the
Petroleum Institute of the Philippines, have joined
forces to counter every move of the government in
carrying out the law.
The levy
is meant to fund activities for an immediate response
during oil-spill incidents in the local trade to prevent
destructive oil-spill incidents along Philippine waters.
According to initial plans, the Maritime Industry
Authority will be the fund manager, while the Philippine
Coast Guard will be the main implementing agency in case
of an accident.
The fund
is on top of the Civil Liability Convention and the
International Oil Pollution Convention, to which the
country is a signatory. The coverage of each fund is $1
billion, but there are strict mechanisms in place to
avoid double payment. |
