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Regulation on Maritime Trade Supervision Services and the Implementation Directive

The Regulation on Maritime Trade Supervision Services (“Regulation”) was published in the Official Gazette on 16.12.2016 which was prepared by the Ministry of Transport, Maritime Affairs, and Communications. The Regulation will enter into force on 16.06.2017 accordingly real and legal persons that provide maritime supervision services shall be required to obtain a certificate of operation.

Supervision Services and Certificate of Operation

Within the Regulation, supervision service is defined as controlling, surveillance, measurement, and documentation services which require commercial or technical expertise within the scope of maritime trade and that are undertaken on sea, vessel, cargo, coast facility or between the relationships among these by independent corporations.

A certificate of operation is required to be obtained upon an application to the Undersecretariat for Maritime Trade of the Ministry of Transport, Maritime Affairs, and Communications (“Administration”) in order to provide the services defined within the Regulation. The following conditions are required for the corporations that will apply:

  • To be a company or commercial enterprise which is compatible with the Turkish law,
  • To be accredited or to become accredited within a year starting from the date of issuing a certificate of operation for the first-time applicants,
  • To employ at least two supervision official,
  • To be a member of the Chamber of Shipping,
  • To specify the activity of supervision/surveillance within its statute of incorporation or articles of association,
  • To have a professional liability insurance or minimum paid up capital of 50.000 TL.

In addition to the conditions above, a “Certificate of Compliance for Dangerous Goods” is required to be obtained from the General Directorate of Regulation of Combined Transportation for undertaking supervision services in relation to dangerous cargo or security of loading of dangerous cargo.

Additionally for first time and unaccredited applicants professional liability insurance or minimum paid up capital of 100.000 TL is required.

If the relevant conditions are met, a certificate of operation may be issued upon payment of the fee that will be determined by the Administration which may be valid for up to five years.

Maritime Supervision Official

Maritime supervision officials, which are defined as the real persons authorised by the Administration to provide maritime supervision services, are also required to work in corporations that have a certificate of operation and to obtain a certificate of maritime supervision from the Administration.

The following conditions are required for the certificate of maritime supervision:

  • To be a citizen of the Turkish Republic,
  • To be a graduate of at least high school and their equivalent schools, to complete the course that will be determined by the Administration and to complete an internship of at least three months in a supervision corporation and to obtain a certificate of success for the internship,
  • To not to be sentenced for the criminal offences as detailed within the Regulation.

Maritime Supervision Services

The supervision services regarding the vessel, loading and discharge are set out within the Regulation as follows:

Vessel supervision services:

  • Acquisition and sale of vessels,
  • Charter,
  • Bunker and oil.

Loading and discharge supervision services:

  • Loading, discharge, and transfer,
  • Amount of cargo,
  • Stowage and security of cargo,
  • Port-terminal area.

Acquired Rights

There are provisions regarding the real persons and corporations that are providing maritime supervision services currently. Accordingly, the condition of being a company or commercial enterprise as per the Turkish law shall not be required for the commercial enterprises and private partnerships that exist on the date of publication of the Regulation.

With reference to real persons, the condition of attending a course and completing the internship shall not be required for the persons that can evidence their employment before the date of publication of this Regulation within corporations which has supervision services within their articles of association, provided that they make an application to the Administration within a year together with contract of employment and documents in relation to the service.

Inspection and Sanctions

The Administration and Port Authorities are authorised for the inspection of maritime supervision operators and officials’ acts and procedures. In case of breach of the Regulation, notice, administrative fine, suspension of activity and cancellation of authorisation may be implemented.

Implementation Directive

An implementation directive (“Directive”) was published on 30.05.2016 by the Undersecretariat for Maritime Trade of the Ministry of Transport, Maritime Affairs, and Communications which will receive the Certificate of Operation applications. The Directive set the application fee as 5.000 TL for certificate of operation application and as 100 TL for maritime supervision certificate. Preparation of the applications as per the Regulation and Directive is essential since refund is not possible for application fees pursuant to the Regulation.

Pursuant to the Directive in terms of first time applications for certificate of operation it shall be sufficient for the maritime supervision officials to make an application regarding the condition of employing at least two supervision official. However a certificate of operation shall not be issued unless the certificate of operation has been obtained by the employees. Therefore this must be taken into consideration whilst making the applications for certificates.

You may contact us via info@engblaw.comfor further information about the application procedure under the Regulation and other related legislation.