The Turkish Government has introduced new amendments to the Regulation on the Carriage of Dangerous Goods by Sea and Loading Safety (“Regulation”) setting out new rules concerning terminal operation authorizations, duties of dangerous goods safety advisors, gross weight verification and administrative fines.
1. Amendments to Terminal Operation Authorisation
A coastal facility holding a Dangerous Goods Compliance Certificate (“TYUB”) may:
- (i) add a new cargo handling area to its existing area, on payment only of an inspection fee, provided it does not introduce a new type of activity;
- (ii) amend its TYUB certificate limitations free of any fee;
- (iii) add a new dangerous goods type to its field of activities, on payment of a certificate fee applicable to the newly added dangerous good type alone.
2. Periodic Reporting Obligation of Dangerous Goods Safety Advisers (“TMGD”)
Dangerous Goods Safety Advisers authorised under the IMDG Code are now obliged to prepare reports on the compliance of coastal facilities with the responsibilities set out in the Regulation every six months. These reports must be submitted to the Directorate General for Maritime Affairs (“Administration”) within the first ten business days of the following month. If deficiencies or inaccuracies are detected, the Administration or harbour master will be entitled to carry out inspections at the facility.
3. New Rules on Container Gross Weight Verification
A new Article 18/A has been introduced, regulating suspension and cancellation of Verified Gross Mass (“VGM”) Authorisation Certificates. Operator Certificates may be suspended or cancelled if weighing operators fail to maintain the required criteria, delay payment of VGM control fees, record discrepancies in declared and actual gross weights of more than ±5% on ten occasions within a year, neglect renewal applications within six months of expiry, or request cancellation themselves.
4. Harbour Master Inspections
Harbour Master Offices are now required to carry out unscheduled inspections of coastal facilities to ensure continued compliance with the TYUB requirements. Inspections must be conducted at least once every year, and the findings must be reported to the Administration.
5. Amendments to Administrative Fines for Weighing Operators
The Regulation also amended the fines applicable to Weighing Operators in the following circumstances;
- For discrepancies in declared and actual weights exceeding ±5% : TRY 25,419
- If conditions for VGM Authorisation Certificates are not met: TRY 25,419
- For continuing VGM weighing activities after suspension/cancellation of a certificate: TRY 100,000
- For issuing an additional VGM certificate to a loaded container that already has a certificate: TRY 25,419
- For issuing a VGM certificate without weighing: TRY 100,000
