KILAVUZLUK VE RÖMORKÖRCÜLÜK, PALAMAR HİZMETLERİNİN ÜCRETLERİ HAKKINDA YÖNERGE-İNGİLİZCE
Issued under Ministry Permit Number 575502 Dated 19/08/2022 and
Enters Into Effect On 01/09/2022
DIRECTIVE ABOUT FEES CONCERNING PILOTAGE AND TOWING AS WELL
AS MOORING SERVICES
SECTION ONE
Purpose, Scope, Basis and Definitions
Purpose
ARTICLE 1 – (1) Purpose of this Directive is to deterimine the maximum
fees for pilotage, towing and mooring
services provided to vessels, including methods and principles regarding
implementation of such fees.
SCOPE
ARTICLE 2 – (1) This Directive covers
pilotage, towing and mooring services provided at shore facilities
including leg (etap) navigation.
(2) It does not cover services
provided at shore facilities operated by
public organizations and administrations as well as for vessels passing through the Turkish Straits.
Basis
ARTICLE 3 – (1) This directive has been prepared based on Articles 474,
478 and 490 of Presidential Decree
Number 1 in respect to Presidential Organization
, published on Official Gazette Number 39474 Dated 10/7/2018.
Definitions
ARTICLE 4 – Following terms and phrases contained in this Directive bear
the following meanings :
a) Car Carrying Vessel:
Specially equipped commercial vessels with decks and general design constructed
or transformed for car carrying and used to this purpose,
b) Other Vessels: Vessels
other than Car Carrying Vessel, Ro-Ro, Ro-Ro Passenger, Container, Passenger
and Ferry type of vessels,
c) Vessel Responsible : Vessel’s owner, operator, charterer, master
or agencies as well as any real or corporate entities duly authorized to
represent the vessel,
ç) Gross Ton(GT): Gross tonnage of the vessel
indicated under International Convention Dated 1969 For Measuring Tonnages of
Vessels as approved by Law Number 2169 Dated 21/09/1978 and specified on the
relevant certificate issued in accordance with Regulation For Measuring
Tonnages of Vessels issued on Official Gazette Number 27167 Dated 12/03/2009,
d) Service: Pilotage,
towing and mooring services provided under this Directive,
e) Administration:
Maritime General Directorate,
f) Public Share: Public share perceived on monthly gross
revenue from the public agencies and private entities providing the services,
g) Container Vessel:
Vessels that can carry special , resistant ,specially equipped cargoes which
sizes and types are accepted by the International Standards Organization (ISO) ,
ğ) Liner Container
Vessels: Container vessels sailing on fixed routes/itineraries,
h) Ro-Ro Vessels: Commercial vessels built or converted for
loading/unloading mainly wheeled cargoes/vehicles
through a ramp as well as able to carry cargoes,
ı) Ro-Ro Passenger Vessels
(Ro-Pax): Commercial vessels built or converted
, mainly used for carrying more than 12 passengers as well as wheeled
vehicles through a ramp ,
i) Dangerous Cargo:
1) Petroleum as well as
petroleum products listed under International Convention For the Prevention of Pollution Of The Seas By Vessels (MARPOL)
73/78 Attachment – I, Appendix I,
2) Substances and items packed
and carried which are listed under International Maritime Dangerous
Goods (IMDG) Code Category 1, 2, 3, 4, 5, 6, 7 and 8,
3) Bulk cargoes bearing UN
number and listed under International Maritime Solid Bulk Cargo Code (IMSBC)
Appendix-I,
4) Liquid Bulk cargoes bearing
the marks “S” or “S/P” on column “d” titled (hazardous) of the table provided under Section 17 of
International Code (IBC) on the building and equipment of vessels carrying bulk
dangerous chemical cargoes ,
5) Gaseous substances
provided under Section 19 of International Code (IGC) About Construction and
Equipment of Vessels Carrying Bulk Liquefied Gas,
j) TEU (Twenty-Foot
Equivalent Container Unit). Container unit equal to 20 feet.,
k) Passenger Vessels:
Vessels including ferry-boats dedicated to carry cargo or vehicles together
with more than 12 passengers.
(2) Definitions stated on
relevant legislations and international agreements/conventions we are part of ,
are taken as reference for definitions or phrases contained in this directive
and not specified in this article.
SECTION TWO
Rules regarding the Application of Maximum Fees
ARTICLE 5 – (1) General application principles for maximum fees are
provided hereinbelow.
a) All service providers pay
the relevant public share in parallel to the provisions of Presidential Decree
Number 1 About Organization Of The Presidency.
b) Maximum fees pertaining to
the services provided under scope of this Directive are contained under
Attachment-1, Attachment-2 and Attachment-3. Service providers are not allowed
to apply any tariff in excess of the maximum fees included in the attachments
of this Directive. In case of applying any fee lower than the maximum fees
listed , public shares payable over the gross revenue are calculated and paid basis
the max fees listed hereunder .
c) Any and all principles
with respect to compulsory pilot and tugboats
services that vessels have to use are set forth and specified under Ports
Regulation issued on Official Gazette Number 28453 Dated 31/10/2012. Towing
fees provided under Attachment-2 are given for one single tugboat, whereas in
the event that an additional number of tugboats is used in excess of the minimum number of tugboats
specified under Ports Regulation, no charge/fee is to be claimed for the
additional tug/s used. Only upon
master’s request , any additional tug/s fees is charged . In such case Master’s
request in writing, reading “Additional tug was requested by Master in the
course of maneuvers” is kept for audits/inspections to be carried out by the
Administration or Port Master’s Office.
ç) No fee is to be claimed and charged for any
services not provided. Circumstances where no services are provided and public
share is compulsory , are set forth and specified under the Ports Regulation.
d) Any accrual and
collection of the fees related to a
given service are carried out by the party providing physically the service.
e) Fees are determined
according to GT intervals, progressively
increasing for vessels up to 120.000 GT,
while for vessels of tonnage more than 120.000 GT, the same fees applicable for
a 120,000 GT vessel are charged.
f) In calculation of the service
fees, GRT figures stipulated on the Tonnage Certificates of the vessels, are
taken in consideration however for
vessels having a different GRT than the one stipulated on their tonnage
certificate , the higher tonnage is taken in consideration.
g) For vessels arriving at
the port for loading or unloading/discharging having 50% or more of the cargo to be loaded or
unloaded (for containers or vehicles, quantity in numbers, for other cargoes in
tons) are in transit through , transit cargo vessels rates are applied. For
vessels handling less than 50 pct , applicable tariff is the one stipulated for
that vessels category.
ğ) Regardless loaded or
not Turkish flagged vessels navigating between Turkish ports , national
cabotage tariff are applied . In respect of vessels obtaining national cabotage
license and sailing thereafter on international water due to change of their
voyage will be subject to retroactive collection of fees difference.
h) All fees and charges are
calculated in United States Dollars (USD).
ı) Pilotage and towing
services under scope of this Directive are invoiced separately for berthing and
unberthing maneuvers, while mooring fees are calculated as one single service.
Each service is billed separately.
i) All fees are paid to
the entity providing the relevant service in TL at the effective foreign exchange selling rate set
by the TCMB (Central Bank of the Republic of Turkey ) on the service is
provided.
j) Vessel types referred
to under this Directive and its attachments are the vessel types specified
under the ship registry certificate issued by the flag state of the vessel.
k) In the event of the
administration prepares any web-based system for monitoring and auditing of the
application, the Administration requests and requires the service providers to
use such system. Thereupon, service providers are obliged to upload the
respective data to the software not later than 48 hours from the time of
completion of the services.
Special rules, exemptions, increased
and reduced tariffs
ARTICLE 6 – (1) Special rules, exemptions, increased and reduced tariffs
are applied as provided hereinbelow.
a) 20 % discount is applied
on fees for any services provided to vessels carrying Turkish flag .However,
whenever these vessels are subject to national cabotage navigation tariff, they
are not entitled to make use of such discount..
b) 50 % discount is applied
on fees for service provided to vessels intending to bunker or entering
shipyards for repairs or maintainance.
c) 50 % discount is applied
to towage fee for tugboats used for escort service.
ç) 20 %
dangerous cargo surcharge is charged for Containers, Ro-Ro and Ro-Pax Vessels carrying
dangerous cargoes , while 30 % dangerous cargo surcharge is charged for other vessels carrying dangerous cargoes.
Notwithstanding the aforesaid, no dangerous
cargo increase is charged from those vessels providing a “Gasfree Certificate” obtained 24 hours prior
to initiation of the service.
d) 50 % overtime surcharge
is applied on all services , in the
event that services coincide with and
correspond to official holidays set forth and specified under Law About
National Holidays and Public Days-published on the Turkish Official Gazette Number
2429 Dated 17/03/1981 .
e) Pilotage and Towage
services rendered for berthing/unberthing manuevers for changing berth within
the same facilities under the authorization of the harbour master , are
considered as single operation and charged accordingly.
f) In the event it becomes
impossible for the vessel to depart from the quay, buoy facilities or wharfs
and later rebirth at the same place due
to any force majeure circumstances such as adverse weather conditions, or any
other circumstances that would put in danger navigation, life, property,
environmental safety and security or berth at any other facility within the
port limits as deemed appropriate by the harbour master’s office, 50 % discount
is applied to the service fees .
g) In case that more than
one discount or increase is anticipated for any service, only the highest discount
or surcharge is applied . However, in case that any discount or surcharge is to
be applied for a single service , the difference between the discount and
increase rates is applied to the basic fee.
ğ) No service fee is charged
for school and training vessels bearing Turkish flag as well as research
vessels belonging to public entities and agencies.
h) In the event any
vessels and watercrafts that cannot move by their own propellers are towed by other vessel (including tugboats), calculation
of chargeswith respect to any services related to such an operation is made by
taking into consideration only the gross tonnage of the towed unit.
50 % surcharge is applied for such towage service.
ı) Provisions regarding
the Gulf of İzmit;
1) 50 % discount is
applied for Leg (etap) service fees from vessels operating under national
cabotage.
2) 35 % of the Leg (etap) service fees is charged for navigation between two points
under pilot assistance.
3) 20 % of the Leg (etap)
service fees is charged for anchoring or heaving up anchor.
4) Anchoring or heaving up nchor service fees are
charged for vessels sailing from anchorage and berthing to any facility or
unberthing from any facility and sailing to anchorage . Service fees for
navigation between two points is not applied for this type of service.
SECTION THREE
Miscellaneous and Final Provisions
Audit
ARTICLE 7 – (1) Administration or Port Master’s Office is authorized to
conduct audits in organizations providing coastal services any time, regarding
whether or not said tariffs are duly applied. Such audit can be conducted in case of any complaint or at the
consent of the authority.
(2) Audits are carried out
by a commission of at least two members to be assigned by the Administration
and/or the relevant post master’s office.
(3) Within relevant
provisions of this Directive, a report is prepared by the commission in respect
of the matters detected as a result of such on-site audit and submitted to the
Administration.
(4) Service providers
subject to audit are obliged to procure and provide any and all kinds of data,
documents, tools, equipment and apparatus for such on site audit.
(5) Administrative
sanctions are applied pursuant to the relevant legislation in practice to those
who are found in violation of this Directive as a result of the audits .
Abrogation
ARTICLE 8 – (1) Provisions of
Port Services Tariffs for pilotage, towage and mooring services which
entered into effect on 01/08/2003 by means Ministry of Transport’s letter number 216 dated 31/07/2003 as well as any references made to pilotage,
towage and mooring services in parallel to such tariff are abrogated and cancelled
as of the date of entry into effect of this Directive.
Effect
ARTICLE 9 – (1) This Directive enters into effect on 01/09/2022.
Execution
ARTICLE 10 – (1) Provisions of this Directive are executed y the Minister of Transportation and Infrastructure.
Attachment
: TURKEY_New-Tariff-from-1-Sep-2022