1

Authority

1.1 Presidential Decree No. 857

1.2 PPA Administrative Order No. 06-81

2

Scope

This Order shall govern the provision of mooring and unmooring service in any government port under the jurisdiction of the Authority.

3

Purpose

3.1 To provide guidelines in the provision of mooring/unmooring service when such function is not performed by the cargo handler but by another private entity/operator.

3.2 To prescribe applicable rates/charges for the service.

4

Guidelines

4.1 As a general policy, the port's PPA-authorized Cargo Handler shall be responsible for providing mooring and unmooring services to vessels calling in said port. The Cargo Handler, when it presently provides the service, may, however delegate/subcontract the service to another private entity provided the subcontract or delegation of said responsibility shall be:

4.1.1  Subject to the pertinent terms and conditions of its cargo handling contract/permit;

4.1.2  Co-terminus with the cargo handling contract/permit;

4.1.3  Beneficial to shipping/clients and shall improve the rendition of the service;

4.1.4  Subject to PPA approval and subsequent termination, if warranted.

4.2 When a port has, an existing Operator other than the Cargo Handler, PPA shall allow/recognize said Operator to continue provided;

4.2.1  The existing Operator has an approved PPA Permit to Operate (PTO);

4.2.2  It complies with the terms and conditions of its PTO;

4.2.3  It observes pertinent port rules and regulations in the rendition of mooring/unmooring services;

4.2.4  It follows the prescribed service rates/charges of the port;

4.2.5  Its service performance is satisfactory as determined by the PMO concerned.

4.3 When the existing Operator fails to comply with the provisions of its Permit, is unable to render efficient service to shipping lines, and/or grossly violates port regulations and conditions required for its continued service, the PMO shall terminate its Permit and authorize the existing Cargo Handler to take over the function, under terms and conditions to be prescribed by the PMO concerned.

4.4 When the existing Operator does not possess an approved/valid Permit to Operate from PPA, it shall be given three (3) months to apply and legitimize its operation, by acquiring an approved PTO or by renewing its expired PPA Permit. The PMO shall authorize the Cargo Handler to take over and provide mooring/unmooring services when the existing Operator fails to legitimize its operation in the port.

4.5 The mooring and unmooring rates applicable shall be those prescribed in the Cargo Handling Schedule of Rates for the particular port. In the absence thereof, rates/charges shall be agreed upon by the shipping lines and the Operator. In case of conflict, the PPA established/arbitrated rates shall apply.

4.6 Upon expiration of all existing PTO for mooring and unmooring services, said service shall be dealt with under paragraph 4.1 above.

5

Effectivity

This Order shall take effect after fifteen (15) days following its publication in a newspaper of general circulation.

Adopted: 16 Feb. 1995

(SGD.) CARLOS L. AGUSTIN
General Manager