Update to Maritime Law in Turkiye

The Law Amending the Certain Laws and the Decree Law No. 655 entered into force on 9 July 2024. Various amendments have been made in the field of Maritime Law. We present the changes made to the law to our readers. With these changes; it is aimed to update the current regulations and provide a more contemporary structure. With the new regulations, the rights and obligations of our citizens are more clearly defined, and it is aimed to solve the problems encountered in practice.

The Ministry of Transport and Infrastructure Will Determine the Fees for Services Provided to Ships

The first amendment in the law stipulates that, unless otherwise provided by special laws and decrees, the Ministry of Transport and Infrastructure will determine the fees for pilotage and towage services in maritime jurisdiction areas, waterways, and inland waters, as well as anchorage fees for ships anchoring within port administrative boundaries, and the procedures, principles, and exemptions related to the payment of these fees. With this change, we understand that the Ministry of Transport and Infrastructure is now authorized to regulate the fees for services provided to ships in areas of anchorage, towage, and pilotage by companies authorized in ports, coastal facilities, and docks. The law further states that the anchorage fee tariff, for one day's anchorage period, can be determined based on factors such as the ship's voyage, the anchorage period for monthly or yearly lump sum payment, the reason for anchoring, and the location of the anchorage, provided that it does not exceed two Turkish Liras per gross tonnage of the ship. This specified amount can vary each year, and the Ministry will take into account all these factors to set the maximum amount.

It should also be noted that with the new changes, pilotage and towage services to be provided during the transit of the Istanbul and/or anakkale Straits will be conducted by the General Directorate of Coastal Safety, according to the procedures and principles determined by the Ministry of Transport and Infrastructure. Private individuals or legal entities cannot be authorized or contracted for these services.

Authorized Companies Providing Pilotage and Towage Services Will Send a Percentage of Their Gross Revenue to the Ministry of Transport and Infrastructure

Authorized companies that provide pilotage and towage services, as well as related services such as mooring and shifting, are required to send a portion of their gross revenue to the Ministry of Transport and Infrastructure. The percentage to be sent will vary by region. According to the law, the percentages for the listed regions are as follows:

For regions not listed in the law, this percentage is set at 10%, and the state may adjust these rates between 5% and 40%.

Special Tax for Greenhouse Gas Emissions from Ships Visiting Turkish Ports

A special tax has been implemented for greenhouse gases emitted by passenger and cargo ships visiting Turkish ports. The determination of this tax is based on the verified greenhouse gas emissions and the current carbon price of the European Union Emissions Trading System. This amount is to be paid annually by the end of September of the following year, based on the total amount for the previous year.

Significant Amendments to the Law on the Protection of Life and Property at Sea

The purpose of the amendments to this law is to enhance security in Turkish waters. All ships passing through Turkish waters must obtain permission from Turkish authorities, which are inspected by the Port Authorities. Additionally, "navigation and communication devices" have been included as mandatory equipment. With these amendments, measures for safety at sea and seaworthiness have been further increased.

Regulation on the Special Drawing Right

The limit for mandatory insurance per accident cannot be less than 250,000 Special Drawing Right per passenger if the ship is licensed for international voyages, and 100,000 Special Drawing Right per passenger if the ship is not licensed for international voyages.

Amendments to the Turkish International Ship Registry Law for Ships Bearing the Turkish Flag

The amendments to this law provide new financial incentives. Previously, all ship and yacht owners registered in the Turkish International Ship Registry had to pay fees. With the new amendment, exemptions from these fees are provided. Environmentally friendly ships, excluding those powered by liquefied natural gas, will be exempt from registration fees and will only need to pay 50% of the ship tonnage fee. This regulation aims to increase the number of registered Turkish-flagged ships and promote environmentally friendly practices in maritime activities.

Authors:
Arthur Nitsevych, partner at Interlegal
Mehmet Dogu,  partner of Interlegal's Turkish office