KILAVUZLUK VE RÖMORKÖRCÜLÜK, PALAMAR HİZMETLERİNİN ÜCRETLERİ HAKKINDA YÖNERGE-İNGİLİZCE
Enters Into Effect On 01/09/2022
DIRECTIVE ABOUT FEES CONCERNING PILOTAGE AND TOWING AS WELL AS MOORING SERVICES
Purpose, Scope, Basis and Definitions
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.
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.
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.
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.
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.
Miscellaneous and Final Provisions
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 .
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.
ARTICLE 9 – (1) This Directive enters into effect on 01/09/2022.
ARTICLE 10 – (1) Provisions of this Directive are executed y the Minister of Transportation and Infrastructure.