Business groups, including the PHILEXPORT, PCCI, and SCMAP, have signed a solidarity statement calling for the revocation of the Philippine Port Authority’s (PPA) Trusted Operator Program – Container Registry Monitoring System (TOP-CRMS) and Empty Container Storage Shared Service Facility (ECSSSF).
The groups argued that PPA has acted outside its jurisdiction as the AO is incorrectly applied to at least 32% of the total container traffic in Philippine ports, many of which are major ports outside PPA’s jurisdiction. As embodied in PPA AO 04-0021, it will cover the scheduling, loading, unloading, release, and movement of all containers entering and leaving PPA ports. It also duplicates the functions of the Bureau of Customs (BOC) in terms of provisioning real-time monitoring of the container’s movement.
BOC already has its monitoring policy under CAO 08-2019, covering the guidelines and procedure for the monitoring and controlling the movement of all types, categories, or classification of containers (loaded/empty) at the seaports.
The groups also upheld that the AO violates the Ease of Doing Business Act (RA 11032), the Implementing Rules and Regulations of RA 11032, and international standards of good governance as PPA failed to conduct a Regulatory Impact Assessment (RIA) and proper consultations prior to its issuance.
It also violates the Philippine Competition Act and the National Competition Policy. Truckers and other service providers must register under one system, assigning them to the individual transactions. It has become a monopoly, demolishing the autonomy of shipping lines to negotiate and monitor their vendors.
Moreover, the groups added that it will create inefficiencies and dramatically higher costs for consumers and businesses, primarily the micro, small, and medium enterprises, and derail the country’s recovery from the pandemic.
Aside from the immediate revocation of the AO, they also called for the intervention of the Office of the President and the National Economic and Development Authority (NEDA) to investigate why it was proposed despite its destructive potential for economic recovery.
PPA scheduled another public consultation on the subject AO on 11 May 2022; however, postponed to date.KJDA