REGULATION ON YACHT TOURISM (1)
Date of the Decision of the Council of Ministers: 8.6.1983, No: 83/6708
Based on the Law Dated: 12.3.1982, No: 2634
Published in the Official Gazette dated: 4.8.1983, No: 18125
Published in the Law Collection Series: 5, Volume : 22, p. 3265
SECTION ONE
Preliminary Provisions
Purpose :
Article 1 - The purpose of this regulation is to make the arrangements necessary for the direction and development of Yacht Tourism, Yacht harbor Operations and Yacht Operations and to set forth the rules to be observed by the operators, public officials and yacht owners.
Scope :
Article 2 - This Regulation contains provisions on yacht operations, principles governing the navigation and duration of stay of foreign yachts in Turkey, cabotage rights and other measures to be taken to develop yacht tourism.
Legal basis :
Article 3 - This regulation is issued pursuant to paragraph 4 of sub-clause A of article 37 of the Law on Encouragement of Tourism No. 2634.
Definitions :
Article 4 - For the purposes of this regulation,
a) “Ministry” means the Ministry of Culture and Tourism,
b)” Law” means the Law on Encouragement of Tourism No. 2634,
c) (Amended : 4/6/1991 - 91/1933 K.) The term “Yacht” means the vessels which are built with yacht form, which are used for travel and sports purposes, which carry maximum 36 persons, which are not cargo or passenger vessels and which are described as “Commercial Yacht” or “Private Yacht” in their tonnage certificates,
d) “Yachting Zone” means the zones which are determined and announced pursuant to sub-clause (d) of article 28 of the Law for the development of yacht tourism, taking into consideration the tourism potential of the country,
e) “Yacht harbor” means the places designated as Main Yacht harbor, Secondary Yacht harbor and Yacht Piers and Slipways,
f) “Yacht Log” means Turkish Yacht Transit Log recording the declarations made by Turkish Flagged yachts and foreign flagged yachts coming from foreign ports or staying in Turkey for winter season at the last berthing place and the related procedures.
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(1) The title of this Regulation which was previously “Regulation on the Development of Yacht Tourism” was changed as “Regulation on Yacht Tourism” pursuant to article 1 of the Regulation which entered into force with the Decision of the Council of Ministers dated 4/6/1991 and No. 91/1933.
SECTION TWO
Investments in and Operation of Yacht harbors
Certification
Article 5 - Real persons and legal entities meeting the requirements herein may make infrastructure and superstructure investments in Yacht harbors provided that they obtain Tourism Investment Certificate from the Ministry.
Yacht harbors built by the private or public sector
Physical properties :
Article 6 - The sites to be selected for building yacht harbors :
a) Should not be exposed to prevailing waves,
b) There should be no sewerage and water currents into the port and no sludge deposits,
c) Should be connected to a nearby settlement zone via road,
d) Should have electricity, potable water and communication facilities,
e) The area in land side should be equal to that of the sea,
f) There should be no obstacles such as wreckages, shallow areas, etc. in sea section and surrounding of the port.
Infrastructure properties :
Article 7 - Yacht harbors should have the following properties in terms of infrastructure investments :
a) Minimum 2.5 meters of depth in every part of the protected water area,
b) Wharfs and quays to keep the swells in the yacht harbor at minimum level,
c) Lighthouses to ensure safe access to the port from the sea,
d) Wharfs and quays to which yachts can accost and be berthed in a safe manner,
e) Hooded lanterns and anchorage rings suitable for berthing at wharfs and quays,
f) Sufficient lighting in wharfs and quays,
g) Facilities for providing pressured water and power connections to the yachts.
Superstructure properties :
Article 8 - Minimum superstructure and service requirements for the yacht harbors are listed below :
a) Boxes providing power and potable water connections to the yachts in wharfs and quays,
b) Yacht harbor administration building and covered area necessary for the services stated in paragraph 2 of article 36 hereof, at ports used by foreign yachts for entrance into and exit from Turkey,
c) (Amended : 4/6/1991 - 91/1933 K.) Separate shower and WC groups for male and female visitors (5 % of berthing capacity),
d) Waste removal measures to protect the environment from solid and liquid waste by removing the waste from the port,
e) Generator and alternate water tank to meet emergency requirements,
f) Place for collecting used oil,
g) Separate dressing places, showers, WC and common living and resting places for male and female staff,
h) A motorboat to ensure safety at the yacht harbor, to provide piloting services, to be used as berthing boat and to assist in all other relations between the sea and the yacht harbor,
i) First aid facility,
j) Fire fighting system.
Classification of the Yacht harbors :
Article 9 - Yacht harbors shall be classified and certified according to the infrastructure and superstructure properties laid down in articles 7 and 8 hereof and the facilities they provide.
The slip places which do not require structures on sea and which are capable of providing wintering, keeping at land, maintenance and minor repair (except by shipyard and major repair facilities) services to the yachts and which have the facilities and equipment to be determined by the Ministry shall be certified regardless of the conditions in articles 7 and 8. Access to the slip places must be controlled, safety of the boats must be ensured and measures must be taken to provide environmental pollution al land and sea.
(Addition : 4/6/1991 - 91/1933 K.) Access to the yacht slip places must have been controlled, safety of the boats must be ensured against fire, theft, robbery, etc. and measures must be taken to provide environmental pollution al land and sea. Slip places which do not satisfy these conditions shall not be allowed to operate.
Yacht docking places :
Article 10 - These are small scale yacht harbors that allow short term docking and they are required to meet only the minimum conditions laid down in articles 7 and 8. It is optional for then to have maintenance, repair, supply and wintering facilities and generator.
Secondary yacht harbors :
Article 11 - Secondary yacht harbors are the yacht harbors which have natural or artificial covered water areas and which have longer term stay facilities and repair facilities as well as the following :
a) Fuel oil sale,
b) Sloped slip or crane capable of pulling boats up to 5 tons from sea to land or from land to sea,
c) Capability of providing information on meteorology and sea,
d) Laundry facilities,
e) Fire alert system,
f) A social facility where the visitors can rest and meet,
g) Duty-paid and duty-free shops,
h) Telephone and, if possible, telex,
i) Radio system conforming to the regulations, to communicate with the yachts at sea,
j) Bonded or duty-free custody store,
k) Technical service,
l) Covered storing place for the requirements of the yacht harbor,
m) Minimum 1 employee who speaks a foreign language,
n) Parking lot,
o) A catering unit if not available nearby,
p) The conditions of the main yacht harbor regarding the provision of parking services in case such services are provided on land,
r) Safe mooring system,
Main yacht harbor:
Article 12 - Main yacht harbors are yacht harbors which cover a protected area away not exposed to the waves and which have large-scale wintering, maintenance and repair facilities as well as the following facilities :
a) Fuel oil supply quay,
b) Equipment to provide continuous information on the weather and sea conditions,
c) Telex or telex service if possible,
d) Emergency help center,
e) Hoisting and striking equipment compatible with the capacity of the harbor and the properties of the berthed yachts (sloped slip or crane for boats up to 5 tons and special equipment for larger boats),
f) (Amended: 4/6/1991-91/1933 K.) Covered and open areas with drainage for parking the yachts on land, and sites for maintenance services with power, running water, lighting and special fire extinguishing equipment,
g) Covered workshop capable of repairing minimum 2 boats,
h) A catering facility,
i) Sports facilities,
Management of the yacht harbors :
Article 13 - The yacht harbors shall be operated in accordance with a regulation specifically drawn up by the yacht harbor operator for the harbor in question and approved by the Ministry. The principles governing the operation of the berthing places and the qualifications required for the manager in charge of such places shall be laid down by the Ministry.
The persons and vehicles
Principles of the regulation on operation:
Article 14 - The regulation to be drafted by the yacht harbor operator pursuant to article 13 and in accordance with a model to be laid down by the Ministry shall, in minimum, include the following provisions :
a) The boats to use the services of the yacht harbor shall be fully equipped and capable of navigating on their own,
b) The boat owners and captains shall be personally liable to indemnify any damages to be caused by the crew and yachters in the harbor facilities or other boats,
c) The cases in which the captain and the boat owner would be held responsible for the loss, theft or damage of the goods in the boats and injuries to the yachters and the crew,
d) In the event of change of ownership of a boat berthed at the yacht harbor, the new owner shall submit his name, surname and full address and a statement that he will comply with these rules to the port administration, otherwise the previous owner shall be responsible for any violation of these rules,
e) Details on the procedure of granting permission to the third parties to use the yacht, by the yacht owner under article 46 and the continuation of the responsibility of the yacht owner,
f) All maritime-related services at the yacht harbor shall be performed by persons who hold seaman certificates,
g) The berthing plan to be prepared on the basis of the length, draft and type of the yachts, berthing place numbers and depths at harbor plan.
Manager of the yacht harbor :
Article 15 - YachtHarbor Manager coordinates the cleaning, order and security services and service staff at the harbor.
The manager of the yacht harbor, for this purpose, :
a) shall perform the duties and take the measures stipulated in the yacht harbor regulation,
b) shall arrange the entrance, berthing, staying and exit of the yachts,
c) shall order the yachts to leave the berthing place in extraordinary circumstances, shall have necessary repairs done on behalf of the captain or owner of the yacht and shall collect costs thereof,
d) shall issue warning to the yachts and persons that disrupt peace, order and safety at the harbor and, shall, if necessary, shall ensure that they are taken out of the yacht harbor, He shall notify the Head of the Port Administration of the yachts to be taken out of the yacht harbor before implementing that decision.
e) shall be entitled not to allow the yachts that have not paid the fees accrued in accordance with the tariff approved by the Ministry to leave the yacht harbor,
f) shall lay down the principles governing the works performed by the staff employed at other services provided under yacht harbor operating certificate and shall apply the Ministry requesting the punishment of those who do not comply or commit violations pursuant to article 31 of the Law and/or to the person in charge of the enterprise for the prohibition from service of the same,
g) shall be entitled to allow vessels other than yachts to enter the yacht harbor upon the request of the Head of the Port Administration.
(Third paragraph is repealed : 4/6/1991 - 91/1933 K.)
Coast guard boats may enter the yacht harbor temporarily under compelling conditions after getting in coordination with the manager of the yacht harbor and may be berthed in the yacht harbor as long as such conditions persist,
Head of the port administration :
Article 16 - The powers vested with the Head of the Port Administration of the Ministry of Transportation, which are laid down in relevant laws shall be reserved unless there is any provision to the contrary herein.
The powers of the Ministry :
Article 17 - a) The operation and management of the yacht harbors shall be audited by the audit staff of the Ministry with respect to operating and tourism legislation.
b) The tariffs applicable by the yacht harbors (except by the fees for repair inspection and the special services not stated in the tariffs) may be applied after they are approved pursuant to article 10 of the Law.
c) No modification shall be allowed in the superstructure and infrastructure facilities and services on which the certificate is based, without permission of the Ministry.
SECTION THREE
Yacht Enterprises
Yacht enterprises :
Article 18 - Yacht enterprises are in investments and enterprises which are certified by the Ministry and which operate by allowing temporary use of Turkish or foreign flagged yachts they own or lease for travel, entertainment and sports purpose and with or without crew.
(Amended : 4/6/1991 - 91/1933 K.) The real persons and legal entities which would apply to obtain yacht investment or yacht operating certificate must own or have leased Turkish flagged yachts with minimum 30 beds capacity. Those enterprises who have 30 beds capacity owned by themselves and with operating certificates may operate pursuant to the provisions of articles 19 and 21. Such capacity limits may be increased by the Ministry.
Yacht operators may not perform activities which are specific to the Travel Agencies under the Law on Travel Agencies and the Union of Travel Agencies No. 1618.
(Addition : 4/6/1991 - 91/1933 K.) However, yacht operators may take the yachters from their arrival points to their destinations.
Principles of leasing :
Article 19 - Entrepreneurs who have yacht operating certificates my lease yachts owned by foreigners for a period up to five years, upon the permission of the Ministry.
In order for the said permission to be granted :
a) The yachts must be used for minimum 4 months in the season and must be operated minimum 60 days for this purpose during that period,
b) It must be undertaken that the foreign currency to be obtained will be at least two times of the payments to be made,
c) (Amended :4/6/1991 - 91/1933 K.) The yachts must winter in Turkey and in case they do not winter at all, the sum to be determined by the Ministry must be deposited with the Tourism Development Fund,
d) The agreements must be approved by the Ministry,
e) The yachts must be let leased to only foreign yachters and Turkish citizens settled abroad against payment in foreign currency, but not to Turkish citizens settled in Turkey.
To hoist a flag :
Article 20 - The Ministry is entitled under paragraph (a) of article 27 of the Law No. 2634, to grant permission to the yacht enterprises established in Turkey to hoist Turkish flag in foreign yachts leased under article 19 of the regulation without applying the provisions of article 823 of Turkish Commercial Code No. 6762.
(Addition : 4/6/1991 - 91/1933 K.) A sum to be determined by the Ministry shall be collected from such yachts as contribution to Tourism Development Fund.
Transactions concerning foreign yachts
Article 21 - The Ministry is entitled to issue permission to foreign yacht enterprises not established in Turkey to keep their foreign flagged yachts with minimum 60 beds capacity in Turkey and to market the same in the countries they are established or in other countries for terms up to 3 years pursuant to sub-clause (e) of article 3 of the Law, by determining the amount of contribution to the Tourism Development Fun and minimum foreign currency income for each yacht and other conditions. The Ministry may extend the term of such permission whenever necessary.
(Amended : 4/6/1991 - 91/1933 K.) Yacht enterprises whose commercial transactions have been completed abroad shall be represented in Turkey by (A) or (Temporary A) group Travel Agencies with yacht operating certificates or Turkish yacht enterprises pursuant to article 18.
The travel agency or yacht operator which act as representative hereunder shall meet all requirements set forth herein for the yacht operators.
The representative of the boats to be used shall submit the program and tariffs to be followed in the relevant year, copies of the brochures distributed abroad and any other necessary documents to the Ministry in the beginning of the season. The principles governing the agreements concerning the representation and services in Turkey shall be jointly determined by the Ministry and the Ministry of Finance.
(Amended : 4/6/1991 - 91/1933 K.) The requirements listed in paragraphs (a), (c), (d) and (e) of sub-clause 2 of article 19 of the Law shall also be taken into consideration in implementation of this article.
Filing an application for yacht operator certificate :
Article 22 - The following information and documents shall be submitted when filing an application with the Ministry to obtain Yacht Operator Certificate under article 27 of the Law :
a) Information on the operator,
a) Information on the enterprise,
1. Personnel,
2. Details on the head office and branch offices (or agreements entered into for this purpose).
c) Information on the yachts used by the enterprise,
1. Yachts owned by the enterprise,
2. Yachts leased for short and long terms,
d) Details of the operating plan,
e) Marketing efforts and implementation principles,
f) Program and undertaking concerning the foreign currency income to be generated by the foreign flagged yachts leased for long and short terms,
g) Copies of the agreements related with the enterprise,
h) Other documents to be deemed necessary by the Ministry.
(Addition : 4/6/1991 - 91/1933 K.) The procedures for the distribution, preparation and submission to the Ministry of the documents and information referred to in this article shall be laid down by the Ministry.
(Addition : 4/6/1991 - 91/1933 K.) The matters related with archiving and keeping the documents to be included in the file shall be determined by the Ministry. The documents to be kept by the investors and enterprises shall be kept available whenever required or when an application is filed with the Ministry.