ACT ON FEE OF SANITATION FOR SHIPSLAW ON SHIP HEALTH LEVY
Law No : 2548
Adopted on : 6/11/1981
Published in the Official Gazette dated: 10/11/1981 Numbered: 17510
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Scope:
Article 1–(Amended: 19/10/1983-2928/Art.1)
This Law applies to ships navigating amongbetween Turkish ports, to ships navigating from foreign ports to Turkish ports, bound for Turkish ports from foreign country ports, to ships navigating from Turkish ports to foreign ports bound for foreign country ports from Turkish ports or to ships navigating through the Turkish Straits under transit passage. passing through the Straits.
Article 2–(Repealed: 19/10/1983-2928/Art. 6)
Sanitation fee Health levy:
Article 3–(Amended: 19/10/1983-2928/Art. 2)
The sanitation feehealth levy to be charged in Turkish ports, for each net tonofto the ships falling under Article 1 per each net ton of them , shall be subject to a tariff to be prepared by the Ministry of Health and Social Assistance in consultation with the ministries of Foreign Affairs and Finance and shall beto beput into effect at the beginning of every fiscal year.
Such sanitation feehealth levy shall apply with a special discount to be specified in the same tariff to the ships with the right of coastal trading, private yachts calling atcoming into Turkish ports, tourist ships carrying tourists and not engaged in any other commercial activities and theships conducting scientific research.
Ships navigating amongbetweenTurkish ports and ships departing from Turkish ports shall pay such sanitation feehealth levyin the port of first departure, and those coming from foreign countries shall pay the same in the first port of call.
The sanitation feehealth levy to be collected from ships passing through the Straits shall be subject to the provisions of Montreaux Convention.
Exceptions:
Article 4–(Amended: 19/10/1983-2928/Art. 3)
Sanitation feeHealth levy shall not be charged to war ships, the ships makinghaving an official visit and the ships entering Turkish ports due to a force majeure and not conducting commercial activities there as well as those ships weighing no more than fifty tons.
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No additional sanitation fee shall be charged from ships navigating through the Turkish Straits under transit passage and those ships which are obligesd to pay sanitation fee in accordance to the provisions of the Montreaux Convention, on calling to and departing from Turkish ports. On voyages from and to Turkish ports, no further health levy shall be charged in ports to the ships, which pass through the Straits and are required to pay health levy in accordance with the provisions of Montreaux Convention.
Ship sanitation certificate:Bill of health:
Article 5–The ships up to 250 tons operating amongbetween Turkish ports and enjoying cabotage rightshaving a right of coast tradingshall be given an annual certificate of sanitationbill of healthin return for the non-discounted health levy sanitation fee amount. However, this amount may in no case be less than the amount to be paid by a ship of 100 tons.
Prohibitions and penalties:
Article 6–The fFollowing behaviorsactivities are prohibited:
a) Departing from ports without completing sanitationhealth procedures.
b) Failing to stay in front of sanitationhealth centers or the places indicated by such centers for the sanitationhealth procedures.
c) (Amended: 19/10/1983-2928/Art. 4)For a ship coming from a foreign port, receiving any materials or loading and unloadingembarking and disembarkingpassengers without obtaining a free pratique after the sanitation inspectionhealth scan at the port.
d) Providinga falseunrealsanitaryhealth declaration.
e) Failing to make a timely application to the relevant authorities for the purpose of receiving services for the fight against microbes, insects and mice, where necessary.
f)The coming alongside a dock of a ship that comes from an epidemic port and whose sanitary examination has been complete but has not yet received a sanitation certificate or the failing of a ship which has received a sanitation certificate after a sanitary examination and admitted to come alongside a dock under certain conditions, to not live up to these conditions For the ships with a bad bill of health coming from a port, docking at a port without a clean bill of health after the health examination is completed; or for the ships which obtain a clean bill of health at the end of the health examination but are allowed to dock at a port on certain conditions, failing to fulfill such conditions after they dock at the port.
g) The calling at a port of an epidemic ship whose sanitary examination has been complete but which has not yet received a sanitation certificate or the hindering and causing obstructions in the way of the complete execution of sanitary precautions and the departure without the reception of a sanitation certificate, of an epidemic ship. For the ships with a bad bill of health, entering the port without obtaining a clean pratique; or for a ship with a bad bill of health, which is taken in the protection site, causing obstructions and difficulties in the complete fulfilling of health-related measures and departing from the protection site without obtaining a clean pratique.
h) Where necessary, failing to have in place a yellow quarantine flag on the foremast in the daytime and failing to have a red flash light at the top and a white flash light at the bottom in the nighttime.
(Amended: 19/10/1983-2928/Art. 4)Masters of ships in breach of the above prohibitions shall be charged with a monetary penalty equal to twenty five percent of the health levy sanitation fee required to be paid by the ship. However, in determining the amount of the penalty, the discounts mentioned in paragraph two of Article 3 shall not be taken into consideration and the penalty may not be less than the health levy sanitation fee required to be collected from a ship with a net weight of a thousand tons. The penalty may be contested before the Directorate General of Health for Borders and Coasts.
Relevant budget :
Article 7–The sanitation feehealth levy, the amount of the annual sanitation certificate bill of health and associated penalties provided for in this Law shall be recorded as revenue in the budget of the Directorate General of Health for Borders and Coasts.
Regulation:
Article 8–(Amended : 19/10/1983-2928/Art. 5)
Implementing rules and procedures for this Law shall be set out in a Regulation to be issued by the Ministry of Health and Social Assistance within six months following the entry into force of this Law and shall be published in the Official Gazette.
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Repealed provisions:
Article 9–Law No. 500 of 21/4/1340, Law No. 3057 of 31/7/1936, Law of 31/7/1936, and Law No. 5115 of18/6/1947shall be repealed.
Provisional Article 1–(It is the unnumbered provisional article of the Law No. 2548, and numbered for succession purposes)
Until the regulation envisaged herein enters into force, those effective provisions of the General Regulation that are not inconsistent with this Law shall continue to be applicable.
Entry into force:
Article 10–This Law shall enter into force on 1/1/1982.
Enforcement:
Article 11–This Law shall be enforced by the Ministers of finance, Health and Social Assistance.
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THE LIST INDICATING THE LAWS AND PROVISIONS
REPEALED BY THE LEGISLATION PROVIDING FOR ANNEXES TO AND AMENDMENTS IN THE LAW NO. 2548
Repealed Legislation’sRepealed Laws or Law Provisions / Date / Number / Article
Article 2 of the Law No. 2548 on Ship Health LevySanitation fee / 19/10/1983 / 2928 / 6
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THE LIST INDICATING DATE OF ENTRY INTO FORCE OF THE LEGISLATION INTRODUCING ANNEXES TO AND AMENDMENTS IN THE LAW NO. 2548
Repealed Legislation’sDate of Entry Into Force / Articles entering into force on different dates
2928
22/10/1983 / -