Regulation on Coastal Facility Operating Permit and Coastal Facility Operators and the Changes it Brings
The Regulation on Coastal Facility Operating Permit and Coastal Facility Operators (hereinafter referred to as the “Regulation”) was prepared by the Ministry of Transport and Infrastructure (hereinafter referred to as the “Ministry”) and published in the Official Gazette numbered 32017 on November 18, 2022. The Regulation came into effect on the date of its publication, November 18, 2022, and with this Regulation, the Regulation on Procedures and Principles for Granting Operating Permits for Coastal Facilities, which was published in the Official Gazette numbered 26438 on February 18, 2007, was repealed. The Regulation will come into force 3 months after its publication. The Regulation aims to establish the principles and procedures for the docking and departure of ships and non-ship marine vessels at coastal facilities, their accommodation, cargo loading and unloading, and/or the boarding or disembarking of passengers, as well as to set out the operational principles for coastal facility operators.
This Regulation applies to commercial coastal facilities that serve ships and non-ship marine vessels and the coastal facility operators who will operate them within the scope of Law No. 3621 on inland waters, unless otherwise specified:
- Shipyards and ship recycling facilities,
- Coastal facilities owned by military and law enforcement agencies,
- Coastal facilities where coastal safety activities are conducted,
- Coastal facilities that only provide pilotage and/or tugboat services,
- Coastal facilities that do not engage in commercial activities,
- Coastal facilities that only serve training and/or scientific research vessels, and their operators are excluded.
The Regulation outlines the process and stages for applying for a Coastal Facility Operating Permit. A coastal facility operator wishing to obtain an operating permit must apply to the Ministry through the e-Government platform with the required application documents and the facility information form based on their area of operation. According to the Regulation, an operator wishing to renew their Coastal Facility Operating Permit must apply to the Ministry through the e-Government platform at least two months before the expiration date of the permit. If the application is not made within the specified time, the operator will be responsible for any damages caused to the facility or third parties due to the delay in issuing the operating permit.
The Ministry may apply exceptional cases regarding the application processes of facilities, considering economic reasons, testing, installation, public interest, or foreign trade policies. These facilities may be subject to special permission.
Applications are reviewed by the Determination and Inspection Commission (İTDK). After reviewing the applications, the commission prepares a report, which includes an evaluation of the safety of navigation, life, property, and environmental safety. This report is signed by the commission members and submitted to the Ministry by the relevant regional port authority.
Under the Regulation, the coastal facility operator is obligated to provide all necessary information, documents, tools, equipment, and apparatus during inspections and audits conducted by the İTDK. The evaluation is carried out by the Ministry, taking into account the İTDK report, the opinion of the General Directorate of Infrastructure Investments (AYGM) of the Ministry, and, if necessary, the opinions of other institutions, and an operating permit will be issued for the coastal facility if it meets the criteria.
The Coastal Facility Operating Permit is issued by the Ministry for a maximum period of 5 years, considering the applicable regulations of the Ministry and other relevant authorities. The operator can apply for changes in the facility name, operator title, or address through the e-Government platform. For changes in the name or address, the operator must apply with the necessary documents, and the permit will be reissued under the same terms without a new evaluation.
If there is a transfer or lease of the coastal facility or if the facility’s rights are transferred to another entity, the new operator must apply for a Coastal Facility Operating Permit within one month of the contract’s signature. The inspection of coastal facilities can be conducted at any time by the Ministry or relevant regional port authority, and if irregularities are found, additional inspections may be carried out.
If there is any risk during inspections, the Ministry may take the necessary precautions until the issue is resolved. If it is determined that the coastal facility, or part of it, poses a risk to safety, the Ministry may suspend the operating permit. The Coastal Facility Operating Permit remains valid until the expiration date.
The operating permit may be canceled by the Ministry in the following cases:
- Upon written request by the operator,
- When the permit expires,
- In the case of a court decision to cancel the operating permit,
- If the facility’s development plan is canceled,
- If the facility does not comply with the conditions outlined in the Regulation.
If a ship is present at a facility whose operating permit has been canceled, the facility can still serve the ship until the termination of operations. Any operational fees related to inspections will be paid to the Ministry’s revolving fund account by the coastal facility operator.
For facilities that have had their permit suspended, the reapplication for a permit will incur a service fee and permit fee that is twice the standard amount.
The Regulation also assigns specific responsibilities to coastal facility operators. These responsibilities do not eliminate the operator’s obligation to obtain the necessary permits or approvals from other institutions or organizations. Failure to meet these obligations or violations of the Regulation may result in administrative fines:
- Violation of the operating permit renewal deadline: 10,000 TL,
- Failure to notify changes in name or operator transfer: 20,000 TL,
- Non-compliance with the proper use of the coastal facility, project mismatches, or violations of environmental regulations: 50,000 TL,
- Failure to keep certifications and records up-to-date: 10,000 TL.
If these violations occur twice within a year, the fine will be doubled.
For further details or inquiries, feel free to contact us at the provided contact numbers.
