Communiqué on Services Provided in Coastal Facilities and the Amendments Introduced by the Communiqué
The Communiqué on Services Provided in Coastal Facilities (hereinafter referred as the “Communiqué”) prepared by the Ministry of Transport and Infrastructure (hereinafter referred as the “Ministry”) has entered into force by issuing on No. 31331 Official Gazette on 11 December 2020. Upon the Communiqué has entered into force on the issue date, 11 December 2020, No. 31229 The Communiqué on Determination and Application of Services Provided in Coastal Facilities and Determination of the Limit on the Base and Ceiling Prices of These Services dated 16 May 2020 ceased to effect. The Communiqué determines the limit on the base and ceiling prices of the services provided to vessels in coastal facilities. In this regard, the Communiqué covers only services provided to the vessels in the coastal facilities, having International Vessel and Port Facilities Security Code (ISPS Code), providing services to the commercial cargo vessels and excludes the following services: • The services in coastal facilities whose prices are determined by the agencies of Ministry and other administrative bodies in their jurisdiction, • The services in coastal facilities rendering services to only the vessels transporting passenger and cargo in cabotage, • The services rendered to vessels by state economic enterprises. The services rendered to vessels according to the Communiqué shall be determined by the coastal facilities. In case any trade restrictive matters detected regarding the tariff imposed on coastal facilities, the base and ceiling prices shall be determined with the approval of the Ministry of Transport and Infrastructure, as limited to provide a fair and sustainable competitive environment regarding the services rendered to vessels and the service tariff, upon the required regulatory and supervisory measures are taken by General Maritime Directorate. The Administration reserves the right to change on all services and tariffs in coastal facilities due to any force majeure as such an incident on threat to national security, act of god, provisional and global pandemic. Maritime Law Bulletin In accordance with the Communiqué, some responsibilities have been assigned to the coastal facility authorities as below mentioned; • To publish the list of their service tariffs and the scope of their services via their corporate website, • To abide by the regulations regarding the application of service tariffs which have been already determined by the Administration, • To submit their service tariffs to the Administration within 15 days upon the request of the Administration, • To bill the invoices directly to the related personnel of ships. The coastal facilities are deemed to have informed those concerned regarding publishing the service tariff list and scope of their service via their corporate websites and the fees in the service tariffs are considered as ceiling fees, therefore coastal facilities are not able to increase the price over their service tariffs. Service tariffs and the complaints regarding coastal facility services are reviewed by the Administration. In the consequence of the audits to be performed by the Administration in accordance with the provisions of the Communiqué, an administrative fine of TRY 20,000.00 will be applied to coastal facilities which did not publish the list of services provided to ships and their scope of the services on the corporate website; an administrative fine which will be calculated on ten times over the invoice they billed for services to coastal facilities will be applied to coastal facilities which did not comply with the ceiling tariffs already determined or to be determined by the Administration in terms of the service tariffs they will apply and provide services with a price above the ceiling price they publish on their corporate websites at the rate of ten times the invoice they made for services to coastal facilities; an administrative fine of TRY 20.000,00 will be imposed on coastal facilities which did not submit their service tariffs within 15 days upon the request of the Administration and an administrative fine of TRY 20,000.00 will be imposed on coastal facilities that did not issue invoices directly to the related personnel of ships. Maritime Law Bulletin The administrative fines shall be applied to the coastal facility authorities as twice of the first fine, in the event that the breach(s) in the Communiqué are repeated within a one calendar year. The relevant administrative fines will be paid to the relevant person within one month from the notification and will be applied by the valuation rate determined in accordance with No. 213 Tax Procedure Law. Please contact us if you need further information and if you have any queries.