The Regulation Amending the Ports Regulation, prepared by the Ministry of Transport and Infrastructure (hereinafter referred to as the “Ministry“), was published in the Official Gazette No. 32163 on April 14, 2023, and has entered into force on the same date.
- With these changes, it is aimed to adapt to technological developments, address emerging issues, ensure safety, and increase security and safety in the waters of our country.
- The ports administrative boundaries of Birecik Dam Lake, Burdur Lake, Eğirdir Lake, and Beyşehir Lake have been included.
- Changes/additions have been made to the Port Single Window (LTP) System, where notifications to public institutions regarding the docking and departure of ships arriving at the ports are made from a single point, and the Port Management Information System, where notifications made through the LTP System are controlled by the Port Authority and the ordino and port exit documents are arranged.
- In line with the international conventions to which our country is a party, the Regulation has been amended to consider risks such as loss of life and property, and environmental disasters. Accordingly, the types of ships that must comply with the rules for ships carrying dangerous cargo have been updated and the scope has been expanded.
- To increase the competitiveness of our fuel supply sector with foreign countries and promote alternative environmentally friendly energy sources in delivery systems, the exemption limits for fuel supply ships’ pilots and tugs have been raised from 2000 GT to 3000 GT, and for those using environmentally friendly fuel to 5000 GT.
- Exemption for pilot services has been provided for Ro-Ro cargo ships that have received the suitability letter from the Administration to carry out regular voyages between our coastal facilities and other countries.
- A provision has been added to allow exemption from pilotage and tug services for ships operating in our national maritime areas that are engaged in natural gas and oil exploration and production activities and have characteristics such as performing search and work for a long period in the same location.
- Provisions have been added to control the fuel used on ships to prevent air pollution and the administrative sanctions to be applied in such cases.
- For short-distance sea transportation to the islands, ships carrying goods within the scope of the IMDG Code, in order to prevent high costs for the transporter, are allowed to take up to 12 additional passengers on board.
- To ensure safety at sea and protect environmental safety and security, pilots have been given the authority to check the loading limit before departure. With this authority, cargo exceeding the ship’s capacity will be prevented on ships departing from our ports.
- The provision allowing handling at anchorages or on open sea has been revised considering safety at sea, life, property, and environmental protection.
- Additional requirements have been made for some Port Authorities’ administrative boundaries, anchorage sites, or pilot pick-up/drop-off locations.
Thus, the implementation of the Regulation is the responsibility of the Ministry. The main additions to the original regulation (hereinafter referred to as the “Same Regulation“) are as follows:
ARTICLE 6- The following item has been added to the first paragraph of Article 10 of the Same Regulation:
- j) Ships anchoring in the port administrative area shall pay anchoring fees in accordance with the procedures and principles determined by the Administration.
ARTICLE 7- The first paragraph of Article 13 of the Same Regulation has been amended as follows and the following paragraphs have been added to the same article:
(7) Fuel supply ships of 3000 GT and smaller and fuel supply ships of 5000 GT and smaller, which have been certified as using alternative and environmentally friendly energy sources for the main propulsion system, must be piloted or tugged only by a captain who has received the professional training specified by the Administration, with pilotage at port areas including anchoring operations.
(8) Pilotage and tug organizations, where the organization is not present, shall record all related ship movement data, pilot information, ship and port facility information, and notifications regarding port services and other similar information in the Port Management Information System (LYBS) without delay.
ARTICLE 8- The term “Dangerous cargo-carrying tankers” in the fourth paragraph of Article 14 of the Same Regulation has been replaced with “Ships carrying dangerous cargo as specified in sub-paragraphs (1), (4), and (5) of Article 4, paragraph 1,” and the terms “in writing” and “or via LTP” have been added to the relevant paragraphs.
ARTICLE 18- The words “second” in the sixth and seventh paragraphs of Article 39 of the Same Regulation have been changed to “first,” and the term “missing or incompatible signals or equipment” has been removed from the eleventh paragraph, and the phrase “if a” has been changed to “as specified in the relevant legislation.”
In addition, the following fines have been introduced:
“(14) A fine of 20,000 TL will be imposed on ships violating Article 23, paragraph 4, 80,000 TL on ships violating paragraph 5, and fines ranging from 3,000 TL to 90,000 TL on ships violating Article 25, paragraph 1.”
“(15) In case of non-compliance with port authority’s instructions, ship captains will face fines from 20,000 TL to 200,000 TL, while company officials can face fines ranging from 200,000 TL to 1,000,000 TL.”
(16) Fines of 1,000 TL per data entry will be imposed if the required data is not entered into LYBS or LTP on time.
The coordinates of the additional port administrative boundaries, anchorages, or pilot pick-up/drop-off locations can be accessed from the following link.
https://www.resmigazete.gov.tr/eskiler/2023/04/20230414M1-3.htm
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