EXECUTIVE ORDER NO. 170
EXECUTIVE ORDER NO. 170 - PROMOTING
PRIVATE SECTOR PARTICIPATION AND INVESTMENT IN THE DEVELOPMENT AND
OPERATION OF THE ROAD ROLL-ON/ROLL-OFF TERMINAL SYSTEM
WHEREAS,
it is the policy of the Government to reduce the cost of inter-island
transportation through the establishment of an efficient and
cost-effective Road Roll-on/Roll-off Terminal System (RRTS);
WHEREAS, the RRTS is a vital component of the Government’s
agri-fisheries modernization and food security programs the objectives
of which are to raise the income of farmers and fisherfolk;
WHEREAS, the RRTS will also serve to enhance tourism, transportation
and commerce throughout the country;
WHEREAS, there is a need to encourage the participation of the private
sector in the establishment, construction and operation of RRTS
facilities;
WHEREAS, the Philippine Ports Authority, the Cebu Ports Authority and
the Maritime Industry Authority are the proper Government agencies
mandated to reduce transport costs and improve the quality and
efficiency of transport from the countryside to the urban markets;
WHEREAS, the Department of Environment and Natural Resources is
responsible for the issuance of Environmental Compliance Certificates;
WHEREAS, the RRTS is a component of the Sustainable Logistics
Development Program of the Development Bank of the Philippines;
WHEREAS, there is a need to establish a new policy that will promote
the development of the RRTS.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic
of the Philippines, upon the recommendation of the Department of
Transportation and Communications and the Development Bank of the
Philippines and by virtue of the powers vested in me by law, do hereby
order:
Section 1. Definition of Terms. — As used in this
Executive Order:
a.
Roll-on/Roll-off or Ro-Ro Operations shall refer to the method of
loading and discharging of self-powered vehicles, such as cars, and
trucks, on their own wheels by their owners or drivers between vessel
and shore via a ramp;
b. Ro-Ro
vessel shall refer to a ship type or design duly approved for Ro-Ro
operations;
c. Road Ro-Ro
Terminal System (RRTS) shall refer to the network of terminals all over
the country, separated by a distance of not more than fifty (50)
nautical miles and linked by Ro-Ro vessels; and
d. Lane-meter
shall refer to one (1) meter of deck with a width of 2.5 to 3.0 meters.
Sec. 2. Integration of the RRTS with the National
Highway System. — To the extent permitted by law, the RRTS shall be
considered as part of the national highways. Accordingly, vehicles that
can be moved by their own power and passing through such links shall
not be burdened by transport procedures and costs, unless otherwise
provided by law. A Certificate of Public Convenience shall however be
required for the operation of Ro-Ro vessels in accordance with law.
Sec. 3. RRTS Toll. — The RRTS toll shall consist
of the following:
a.
A terminal fee levied by the Ro-Ro terminal operator on vehicles and
passengers for the use of the terminal;
b. A passage
fee levied by the Ro-Ro vessel operator on self-powered vehicles based
on lane-meter;
c. A passage
fee levied by the Ro-Ro vessel operator on passengers; and
d. A berthing
fee levied by the Ro-Ro terminal operator on the Ro-Ro vessel for
mooring or berthing at the Ro-Ro terminal.
Sec. 4. RRTS Documentary Requirements. — To the
extent permitted by law, the Maritime Industry Authority (MARINA),
Philippine Ports Authority (PPA), Cebu Ports Authority (CPA) and other
concerned Government agencies shall ensure that the RRTS shall be
covered by reduced and simplified documentary requirements. No
clearance shall be required of motor vehicles using the RRTS: Provided,
however, That the owners or operators of Ro-Ro vessels shall comply
with the reporting requirements under Section 11 of the Anti-Carnapping
Act of 1972 (Republic Act No. 6539).
Sec. 5. Private Commercial Terminals. — The PPA
and the CPA shall ensure that Ro-Ro terminals established and
constructed through private investments shall be operated as private
commercial terminals. The PPA and CPA shall likewise take concrete
steps to privatize state-owned Ro-Ro terminals to attract investments
in the RRTS.
Sec. 6. Environment and Business-Related
Requirements of the RRTS. — Where all the legal requirements have been
complied with, relative to the construction and operation of RRTS
facilities, the Department of Environment and Natural Resources shall
issue Environmental Compliance Certificates within a period of
forty-five (45) days therefrom, and the proper Government agency shall
enter into foreshore lease agreements within a period of ninety (90)
days therefrom. Local government units are strongly encouraged to issue
the necessary permits for the operation of RRTS facilities within three
(3) days from date of application. Likewise, the PPA, CPA and MARINA
shall issue the permits necessary for the construction and/or operation
of RRTS facilities within thirty (30) days from date of application.
Sec. 7. Private Sector Financing for the RRTS. —
The Development Bank of the Philippines shall make available long-term
loan/financing to eligible projects and qualified borrowers under its
Sustainable Logistics Development Program.
Sec. 8. Implementing Rules and Regulations. —
Within thirty (30) days from the effectivity of this Executive Order,
the Department of Transportation and Communications shall formulate
and, after public hearing and consultation, issue the Implementing
Rules and Regulations for this Executive Order.
Sec. 9. Effectivity. — This Executive Order shall
take effect immediately upon approval.
City of Manila, January 22,
2003.
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