The Regulation Amending the Regulation on Ports has Entered into
Inal Law Office

The Regulation Amending the Regulation on Ports has Entered into Force

11 april, 2017




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One of the most significant amendments brought by the Regulation into the Regulation on Ports is the fourth subarticle added to Article 46 titled “Ships and Sea Vehicles Posing a Danger”.

 

The mentioned subarticle regulates the provisions which shall be applicable on the derelict or abandoned or idle or arrested ships at an administrative port area. The new article 46 is as follows:

 

“(1) Regardless of their kind, tonnage or flag, for the ships and sea vehicles at an administrative port area which are subject to any legal procedure such as an attachment, precautionary attachment, precautionary injunction or arrest imposed by judicial authorities or which are arrested under an administrative decision due to a technical defect or which lay at a coastal facility or an anchorage area for any reason and which pose a danger, cannot be controlled and are not seaworthy for similar reasons; the liability to make those ships and sea vehicles seaworthy and to immediately take precautions for the protection of navigation, life, property and environmental security and safety and to have such precautions taken shall be borne by the relevant parties under the permission of the port authority.

(2) Regarding the submerged, semi-submerged or abandoned ships and sea vehicles at an administrative port area, the responsibility of removing those ships and sea vehicles, towing them or making them harmless in the shortest time possible shall be borne by the relevant parties under the permission of the port authority. 

 (3) In case the relevant parties of the ships and sea vehicles in an emergency condition such as grounding or drifting do not request salvage within 72 hours, the salvage process shall be initiated ex officio by the port authority.

(4) (Added: Official Gazette dated 8/4/2017 with no. 30032) The following provisions apply to the derelict or abandoned or idle or arrested ships at an administrative port area:

a) An examination is performed by the harbor master on the derelict or abandoned or idle or arrested ship or sea vehicle at an administrative port area, and whether the ship or sea vehicle poses any risk in terms of navigation, life, property and environmental safety or security is determined under a report.

b) In case any risk is identified in consequence of the examination performed by the harbor master as specified in the paragraph (a), the harbor master is authorized and responsible to take any and all precautions, including moving the ship to another location or discharging its bunker, all costs of which shall be borne by the relevant parties depending on the degree of the risk.

c) In case there is a decision of precautionary or definite attachment on the ship or sea vehicle which has been determined to pose a high level of risk in consequence of the examination specified in the paragraph (a), the harbor master makes an application to the relevant Enforcement Court for the sales of the ship within 7 days as per the provisions of the second paragraph of Article 1386 of the Turkish Commercial Code no. 6102 dated 13/1/2011. 

d) A ship or sea vehicle on which there is a decision of precautionary or definite attachment and which has been waiting at the administrative port area for longer than one year without a crew or for longer than two years with a crew is considered to pose a significant risk in terms of navigation, life, property or environment safety or security.

 

Our team is ready to provide additional information on the Regulation and the above-mentioned new article.


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