Amendment And Repealed Provisions Of Regulation On The Procedures And Principles Regarding The Granting Of Coastal Facility Operating Licences And Directive On Granting Operating Licences To Coastal Facilities And Evaluation Of The Requests For The Construction Of Coastal Structure
In our related article, the Amendments to the Regulation on the Procedures and Principles Regarding the Granting of Coastal Facility Operation Licences and Directive on Granting Operating Licences to Coastal Facilities and Evaluation of the Requests for the Construction of Coastal Structure are presented to your attention.
- Amendments to the Regulation on the Procedures and Principles Regarding the Granting of Coastal Facility Operation Licences
First of all, we would like to state that the purpose of this Regulation is to regulate the procedures and principles regarding the issuance of operating permits by the Undersecretariat of Maritime Affairs for ports, cruise ports, marinas, marinas, passenger terminals, piers, docks, shelters, berths, fuel oil/liquefied petroleum gas pipelines and buoy systems and similar coastal facilities and other superstructure and infrastructure facilities for maritime transportation by the fourth paragraph of Article 6 of the Coastal Law Numbered 3621 dated 4/4/1990. This Regulation covers the coastal facilities mentioned in Article 1 and constructed to carry out maritime and port activities on our coasts, and the persons who will construct and operate them. With the new repealed and amended provisions published in the Official Gazette, changes have occurred in the Regulation. The details of the repealed provisions and amended articles are as follows.
Definitions are included in Article 4 of the Regulation and dangerous cargoes have been classified with the amendments made in paragraph 1, subparagraph h of this article. Within the scope of this article, dangerous cargoes are divided into two first and second-class dangerous cargoes; first class dangerous cargoes are defined as flammable and explosive substances and substances that have harmful effects on human health in inhalation or contact, and second-class dangerous cargoes are defined as substances other than first class dangerous cargoes and have polluting properties.
Exceptions on the principles and procedures of operating permit, temporary operating permit, transfer, and cancellation in the second part of the Regulation are included in Article 6. With the amendment made in the relevant article; it is regulated that the criteria to be complied with and the information/documents to be requested and the periods to be determined by the Administration regarding the coastal facilities where ships will be docked and loading/unloading will be carried out for testing, assembly, construction or trial purposes, coastal facilities that are outside the qualifications specified in this Regulation, coastal facilities where passenger engines will be docked, coastal facilities where ships or marine vessels are docked without being continuous, but cargo and passenger loading/unloading is not carried out.
Article 7 of the Regulation regulates the application for operation permit and temporary operation permit. With the amendment made; investors who want to obtain an operation permit or temporary operation permit for the coastal facility should apply to the Administration with the A-Facility Information Form in Annex-1 in addition to the petition containing the subject of the request; It is stated that investors should apply to the Administration with the A-Facility Information Form in Annex-1, that the Administration may request the fulfilment of the criteria specified in Annex-2, 3, 4 or 5 or the submission of additional information and documents in accordance with the subject of the request, that investors should apply to the Administration with the A-Facility Information Form in Annex-1 at the latest 1 to 3 months before the expiry of the operating permit or temporary operating permit, that in the applications to be made for the extension of the temporary operating permit periods, the Administration should be informed about the issues that caused the permit to be granted temporarily.
The evaluation of the operation permit and temporary operation permit requests is regulated in Article 9 of the Regulation. Under the relevant article; the Administration makes the final assessment as to whether there is any inconvenience in terms of duties, powers, and responsibilities in the operation of the coastal facility for which an operating permit or temporary operation permit is requested and berthing a ship to this facility;
- Information and documents in the records of the Administration,
- According to Article 7, the information and documents in the application file submitted to the Administration,
- The opinions of DLHİ, which will be requested in writing by the Administration, on matters falling within its jurisdiction,
- Opinions of other relevant institutions/organizations received by the Administration when needed,
- The İTDK report prepared as a result of the on-site inspection and determination by taking into account the criteria specified in Annex-1 and Annex-2, Annex-3, Annex-4, or Annex-5 depending on the subject of activity and the opinion of the relevant provincial organization unit of the Administration
will be made based on the assessment. As a result of the evaluation, it is stated that the operating permit in Annex-6 or the temporary operation permit in Annex-7 will be issued on behalf of the coastal facility operator. In addition, it is regulated that the operating permit or temporary operation permit issued by the Administration for coastal facilities will not remove the responsibility of the investor or operator organization regarding the provision of other permits or approvals required by the legislation of other relevant institutions and organizations.
Within the scope of Article 10, paragraph 1, the duration of the operation permit has been addressed; with the amendment made, it has been stated that the Administration will grant an operation permit up to a maximum of five (5) years.
Temporary operating licenses are regulated under Article 11 and according to the amendments made, subparagraphs a, b, c, and d have been amended and the third, fifth, and sixth paragraphs have been abolished. In this context, temporary operation permits are granted for the following purposes, taking into consideration Articles 7, 8, and 9 of this Regulation:
- In the coastal facilities constructed before Coastal Law Numbered 3621 and operated by a public institution and taken under the scope of privatization while being operated by a public institution, to continue the loading/discharging of the types of cargoes that are currently being loaded/discharged or to load/discharge or store dangerous cargoes that require special measures in addition to the existing cargo loading/discharging, upon request; to allow the completion of the 1/1000 scale application zoning plan and the procedures falling within the jurisdiction of DLHİ by the High Council of Privatisation within the scope of the Law on Privatisation Practices dated 24/11/1994 and numbered 4046,
- To fulfill the requirements of Coastal Law Numbered 3621 and not to disrupt the activities of the coastal facilities which have been privatized while being operated by the public or which have been constructed before the effective date of this Regulation and for which prior permission, usage permit, easement right or transfer of operating right transactions have been made in their favor,
- To enable the completion of the facility as per the approved zoning plan by submitting the original or approved deadline plan showing the realization stage of the construction to the Administration for the facility whose 1/1000 scale implementation zoning plan and implementation projects have been approved and for which easement right and/or occupancy permit has been granted by MEGM, whose construction has been partially completed according to the 1/1000 scale implementation zoning plan and for which it has been determined by the Administration that there is no inconvenience in terms of safety of navigation and maritime safety in berthing, loading/unloading of vessels,
- Not to disrupt the activities of the coastal facilities that have been transferred to another legal entity or whose legal entity is requested to be changed while continuing their activities by obtaining an operating permit or temporary operating permit from the Administration and whose work on obtaining an operating permit continues according to the new situation.
Article 12 of the Regulation regulates the Transfer of Operating Permits and according to the amendment made within the scope of paragraph 2; in case the coastal facility is transferred to another legal entity or the legal structure of the legal entity is changed, it is stated that the new legal entity should apply to the Administration within one month from the date of transfer or change; with a notarised copy of the transfer or sale agreement, the articles of association of the company published in the Turkish Trade Registry Gazette, the registration certificate and information and documents determining the fields of activity.
Article 14 of the Regulation regulates the Cancellation of the Operation Permit and in accordance with the amendment made within the scope of subparagraph b, it has been regulated that the operation permit or temporary operation permit will be cancelled by the Administration for real persons and private legal entities who are coastal facility operators, in case one or more of the issues determined to be irreparably dangerous in case of deficiency in terms of safety and security according to the application documents and related annexes in Annex-1 B of the provisions of this Regulation.
Article 15 in the third part of the Regulation regulates Public, Private and Tourism Purpose Coastal Facilities. With the amendment made, it is regulated that the Administration may introduce simplified practices, exempt from some of the provisions of this Regulation or request additional measures for the coastal facilities operated by the municipalities and the piers, docks, fishing harbours and similar coastal facilities allocated for public, private or tourism purposes other than those specified in Annex-2, Annex-3, Annex-4 or Annex-5, although they are covered by the Coastal Law Numbered 3621.
Transitional Provisions for Existing Facilities are regulated under Provisional Article 2.
With the amendment made, it is stated that the coastal facilities, whose activities continue before the effective date of this Regulation, are obliged to apply to the Administration until 1/1/2010 in order to obtain an operation permit or temporary operation permit, otherwise, no ship docking will be allowed until the application is made, again within the scope of this Regulation, an operation permit or temporary operation permit must be obtained from the Administration until 1/7/2010, otherwise, no ship docking will be allowed until the permit is obtained.
- Directive on Granting Operating Licences to Coastal Facilities and Evaluation of the Requests fort he Construction of Coastal Structure
The purpose of the Directive on Granting Operation Permits to Coastal Facilities and Evaluation of the Requests for the Construction of Coastal Structures is the determination the principles for its implementationof Regulation on Coastal Facility Operation Permit and Coastal Facility Operators and the Communique on the Evaluation of Coastal Facility Construction Requests published in the Official Gazette dated 15/3/2009 and numbered 27170.
In order to obtain the coastal facility operation licence according to the 5th article of the Directive, the application documents and the documents specified in the annex of the Regulation are uploaded to the CFIS (Coastal Facility Information System) by the person authorized by the Administration on behalf of the coastal facility, and the physical documents must be kept by the coastal facility operator. Until the submittion to the relevant commission during the examination and inspection phase.
In Article 8 of the Directive, general principles are determined. Within the scope of this article, how the documents regarding the training of the employees employed at the port interface will be prepared, how the documents of the employees to be employed within the scope of the subcontractor legislation will be kept, the speed limit signs should be positioned at the entry points to the coastal facilities with vehicle access, the name, operator, address or address of the coastal facility. It was also stated that if the authority of the coastal facility changes, the waste reception contract should be renewed and special principles regarding Fishermen's Shelters and Coastal Facilities Serving Within This Scope.
According to the temporary article 1, the application for making coastal facility operation applications 2 months in advance will start as of 18.04.2023, and operation permit applications made via CFIS or with a petition will be accepted within 2 months from the date of 18.02.2023 when the Regulation enters into force.
The information regarding the abrogated and amended provisions on behalf of the Regulation on the Procedures and Principles Regarding the Issuance of Coastal Facility Operation Licences and Directive on Granting Operating Licences to Coastal Facilities and Evaluation of the Requests have been explained and presented to you. We kindly ask you to contact us if you have any questions on the subject.
