According to a Republic of the Marshall Islands’ marine safety advisory, the International Chamber of Shipping (ICS) has reported to its members that invoices have been received from the Provincial Government of Zambales, Philippines, seeking payment of a “Provincial Coastwatch Environmental Monitoring System User Fee” from managed vessels passing through the territorial waters of the Province of Zambales.
Background
In 2015 similar complaints were made to the International Association of Dry Cargo Shipowners (INTERCARGO), the International Association of Independent Tanker Owners (INTERTANKO), and other shipping organizations. It had been reported that companies with ships on innocent passage close to the Province of Zambales in the Philippines had received invoices for an environmental charge, though the ships concerned had made no port calls in the region. With assistance of the Filipino Shipowners’ Association, the issue was brought to the attention of Congressman Manalo, as United Nations Convention on the Law of the Sea (UNCLOS) Art 26.1 makes it clear that no charge can be levied on foreign ships by reason of their passage through territorial seas and that therefore the action was viewed as a contravention of international law.
Ultimately, the matter was added to the Congressional agenda where a debate took place resulting in the Philippines congress agreeing that the charges should not be applied. At the time, Shipowners were advised not to pay the invoices as the matter was being addressed.
Suggested Action
The letter from the Province of Zambales, Philippines, contains amended ordinance no. 2016-68, complete with fee table. However, the revised ordinance is under deliberation, as it has not fully addressed the legal issues and objections raised by the maritime industry as adopted and contained in the opinions of the Philippines Department of the Interior and Local Government (DILG), Maritime Industry Authority (MARINA), and Department of Justice (DOJ).
Arguably, the imposition of the environmental fees under the revised ordinance violates the freedom of navigation under the UNCLOS, because fees are collected even if the Province of Zambales has not rendered “specific services” to the concerned vessels. The revised ordinance may also be challenged on the grounds that fees are collected even if there is no proof that the concerned vessels have caused any pollution to the territorial waters of the Province of Zambales.
The Filipino Shipowners’ Association (FSA), and other interested parties are anticipated to proceed with the filing of a case against the Province of Zambales within the next few weeks, which could bar the Province from attempting to collect on invoices. A separate inquiry requested by Congressman Manalo is expected to be delayed, as Congress is now in recess.
Recommendations Shipowners are advised that the legality of the ordinance is under deliberation. Therefore, the Republic of the Marshall Islands (RMI) Maritime Administrator: Further information and the attached letters may be found herebelow: Source: RMI
