INTRODUCTION

The rules regarding the safe, economic, rapid, high quality, environmental impact of dangerous goods transportation by sea, in harmony with other transportation activities, and ensuring the loading safety of cargoes transported by sea have been determined.

In the regulation, the rules regarding the safe, economic, rapid, high quality, environment-friendly and harmonic transportation of dangerous goods by sea, in compatible with other transportation activities, and to ensure the loading safety of the cargoes transported by sea, were determined.

According to this, the regulation includes; the dangerous goods transported as cargo on Turkish flagged ships and sea vehicles, loading, stowing, transporting, temporary storage, control and inspection of these cargoes on the ship or in the coastal facility, and ensuring the loading safety of the cargoes transported by sea, and permissions of the non-stop transit of some vessels.

FIRST PART

Purpose, Scope, Basis and Definitions Aim

ARTICLE 1 – (1) The purpose of this Regulation is to ensure that it has the least negative impact on the environment and is compatible with other transportation activities of dangerous goods by providing transportation, economical, fast, safe with a high quality.

Scope

ARTICLE 2 – (1) This Regulation covers; a) Dangerous goods transported as cargo on ships and marine vessels, b)Loading, stowing, handling, transporting, unloading of the dangerous cargo from the transport unit and from the ship, the notifications, temporary storage, control and inspections.

(2) This Regulation does not cover; a) Carriage transactions carried out in accordance with the provisions of the legislation to be applied in the state of war and in the state of emergency, b) Transportation operations with ships and sea vehicles belonging to the Turkish Armed Forces and their coastal facilities.

Grounds

ARTICLE 3 – (1) This Regulation has been prepared in parallel with the provisions of the International Convention (MARPOL 73/78), the Organization and Duties of the Ministry of Transport, Maritime Affairs and Communications dated 26/9/2011 and numbered 655 Decree on the Law on the Ports Law No. 618 and the Protection of Life and Property at Sea dated 10/6/1946 and numbered 4922 International Convention for the Safety of Life at Sea, which was a party to the Law No. 8/522 and dated 6/3/1980, and based on the Law (SOLAS) and the Decision of the Council of Ministers dated 3/5/1990 and numbered 90/442, on the Prevention of Pollution of the Seas by Ships.

Definitions

ARTICLE 4 – (1) In this Regulation;

a) Buyer: Real and legal persons who will take delivery of the dangerous cargo in accordance with the transportation contract,

b) Packaging: The transport container in which the dangerous cargo is placed, as defined in IMDG Code Chapter 6,

c) Packer: Who places the dangerous goods in different types of containers, including big packaging and intermediate bulk container, and when necessary making the packages ready for transport, packing dangerous goods or changing the packages and labels of these goods, labeling them for transportation, the sender or his instructions and the real and legal persons who carry out these transactions, and the land and shore facility personnel who actually carry out this transaction,

ç) Ministry: The Ministry of Transport, Maritime Affairs and Communications,

d) Bulk cargo: which is the structural part of the ship or is in a tank or hold permanently fixed in or on the ship, solid, liquid and gaseous substances intended to be transported directly without containment,

e) Handling: Relocation of dangerous cargo, transferring it from large containers to small containers, ventilating, separating, sifting, mixing, renewing, changing or repairing the cargo transport units and packages and similar operations without changing its essential qualities,

f) Fumigation: Solid, liquid, gaseous effect on a closed cargo transport unit or ship hold in order to destroy harmful organisms or the process of applying chemicals in gas form,

g) IBC Code: International Code on the Construction and Equipment of Ships Carrying Dangerous Bulk Chemical Cargo,

ğ) IGC Code: International Code on the Construction and Equipment of Ships Carrying Liquefied Gas in Bulk,

h) IMDG Code: International Code for Dangerous Goods Transported by Sea,

ı) IMO: United Nations International Maritime Organization,

i) IMSBC Code: International Maritime Solid Bulk Cargoes Code,

j) ISPS Code: International Ship and Port Facility Security Code,

k) Administration: General Directorate of Dangerous Goods and Combined Transport Regulation,

l) Captain: The person who propels and manages the ship,

m) Timber Code: Code of Safe Practices Regarding Ships Carrying Timber Cargo on Deck

n) Coastal facility: Docks, piers, buoys, platforms and anchorages, approach areas, closed and open storage areas, used for administrative and service purposes, the boundaries of which are determined by the Administration, where ships can safely take in and out of cargo or passengers or take shelter. buildings and structures,

o) Container: A cargo transport equipment that has a certificate in accordance with the applicable standards within the scope of the CSC Contract,

ö) SOLAS: International Convention for the Safety of Life at Sea dated 1974,

p) Grain Code: International Code for the Safe Transport of Bulk Grains,

r) Carrier: Actual carrier, broker, ship owner, freight forwarder, shipping agent, who receives, submits, and accepts offers for the transportation of all kinds of dangerous goods on his own behalf or on behalf of third parties. Natural and legal persons who carry out the transportation by road or railway with or without a contract,

s) Hazardous waste: Classified as specified in the Basel Convention and whose transport class and conditions have been determined within the scope of SOLAS, reprocessing, disposal of the cargo or dangerous cargo or packaging and cargo transport units carrying dangerous goods, which are not intended for direct use, parts, solutions, mixtures and used packaging and cargo transport units transported for disposal by incineration or in another way,

ş) Dangerous goods (dangerous goods): International Convention for the Prevention of Pollution of the Seas by Ships (MARPOL 73/78) Annex-I Petroleum and petroleum products within the scope of the package are listed in the International Code for Dangerous Goods Transported by Sea (IMDG Code). Bulk materials with the UN Number given in Annex1 of the International Maritime Solid Bulk Cargoes Code (IMSBC Code), In Bulk Form with the substances given in Chapter 17 of the International Code on the Construction and Equipment of Ships Carrying Dangerous Chemicals (IBC Code) The substances given in Chapter 19 of the International Code Concerning the Construction and Equipment of Ships Carrying Liquefied Gas (IGC Code) have not yet been included in these lists, may cause harm to life, property, environment or other materials during transportation due to its physical, chemical properties or mode of transportation, potential substances, packages and cargo transport units in which these substances are transported and which have not been cleaned properly,

t) Shipper: In accordance with the instructions of the sender, the dangerous goods and the cargoes that pose a danger in terms of loading safety are transferred to the ship and to the sea. Dangerous goods inside the ship or cargo transport unit loading the vehicle, vehicle or cargo transport unit and labeling and plating the cargo transport unit by natural or legal persons who handle, stack and unload cargo,

u) Cargo Person: The sender, receiver, representative and freight forwarder of the dangerous cargo,

ü) Cargo transport unit: It is designed and produced for the transport of packaged or bulk dangerous goods; road trailer, semi trailer and tanker, portable tank and multi-element gas container, railroad car and tank-wagon, container and tank-container.

(2) The expressions in this Regulation but not in this article are included in the relevant international agreements or conventions to which we are a party.

Exemptions and special permits

ARTICLE 5 – (1) The Administration, in the transport of dangerous goods by sea, can apply exempts and exceptions specified in the relevant international legislation to which we are a party.
(2) Depending on the introduction of new dangerous goods to the market as a result of technical developments, the Administration may grant a temporary exemption or permit in cases where it is not possible to transport and handle such dangerous goods within the scope of this Regulation, provided that it does not cause any unsafe conditions during transportation.
(3) In exemptions, the mode of transportation and handling, as well as the structure, class and amount of the dangerous cargo are taken into account.
(4) In cases where public interest or public security is at issue, the Administration may issue special permission regarding the international legislation to which we are a party and the provisions of this Regulation, upon the request of the relevant and authorized public authorities.

(5) The procedures and principles regarding the granting of exemptions and special permits are determined by the Ministry.

SECOND PART

Notification of General and Special Rules Regarding Transport Activities
ARTICLE 6 – (1) At least twenty-four hours before the ship and sea vehicle carrying dangerous goods enter the port administrative area; Ships and marine vessels with a cruise time of less than twenty-four hours until they enter the port area submit a notification document containing detailed information about their cargo to the port authority in writing, right after their departure from the coastal facility.

(2) The cargo person has to notify the coastal facility at least 3 hours before entering the coastal facility regarding the dangerous goods coming by road and railway.

(3) In case the notification obligation is not complied with or the notifications do not contain correct information, administrative action is taken against the notifier and he/she loses the order of approaching, departing or passing, if any.

(4) The content, procedures and principles of the notification are determined by the Administration.

Special requirements and matters within the jurisdiction of the administration

ARTICLE 7 – (1) The authorities and responsibilities of other public institutions and organizations regarding dangerous goods, hazardous waste, cargo waste, scrap and fumigated cargoes and cargo transport units within the scope of Class 1, Class 6.2 and Class 7 are reserved.

(2) The procedures and principles regarding authorization within the scope of classification of dangerous goods for transportation are determined by the Administration.

Obligation to have a dangerous goods safety consultant
ARTICLE 8 – (1) Within the scope of this Regulation, it is obligatory for coastal facilities handling dangerous goods to employ Dangerous Goods Safety Advisors or to receive services in all their activities within the scope of dangerous goods transport. Dangerous goods safety consultant training, examination, authorization, duties, authorities and responsibilities are determined by the Ministry.
Dangerous goods compliance certificate and safety plan
ARTICLE 9 – (1) “Dangerous Goods Conformity”, which certifies that coastal facilities handling dangerous goods that will obtain or renew permits within the scope of the Regulation on the Procedures and Principles Regarding the Granting of Operation Permits for Coastal Facilities published in the Official Gazette dated 18/2/2007 and numbered 26438, are suitable for the handling and transportation of these loads. It is obligatory for them to obtain the “Certificate” and keep it in a valid condition.
(2) The procedures and principles regarding the issuance of the Dangerous Goods Conformity Certificate and its validity are determined by the Administration.
(3) Cargo authorities and coastal facilities involved in the transport of packaged dangerous goods create and implement a safety plan that includes the issues specified in the IMDG Code. In the coastal facilities within the scope of the ISPS Code, the matters that must be included in the plan requested in accordance with this article can be found in the ISPS Code “Port Facility Security Plan”.
Hazardous substance guide
ARTICLE 10 – (1) Coastal facilities handling dangerous goods shall prepare and maintain a dangerous goods guide explaining all the operations regarding dangerous goods and how the responsibilities specified in Article 11 of this Regulation and the precautions specified in Article 12 are fulfilled.

The guide is made available to all relevant facility personnel, public authorities and facility users. Issues related to the preparation, content, form, approval and validity of the dangerous goods guide are determined by the Administration.

Responsibilities and obligations
ARTICLE 11 – (1) All parties engaged in the transport of dangerous goods; to carry out transportation in a safe, secure and environmentally friendly way, They have to take all necessary precautions to prevent accidents and to minimize the damage when an accident occurs.
(2) The responsibilities of the cargo person are as follows:
a) Prepares and has all mandatory documents, information and documents related to dangerous goods prepared and these documents together with the cargo during the transportation activity allows it to be found.
b) Classification, identification, packaging, marking, labeling, plating of dangerous goods in accordance with the legislation provides.
c) Safe loading, stacking, and storage of dangerous goods in approved and legal packaging, container and cargo transport unit allows for picking, transporting and unloading.
ç) Risks of dangerous goods transported by sea, safety precautions, safe working, emergency measures, security and
provides training on similar subjects, keeps training records.
d) To take the necessary safety measures for dangerous goods that do not comply with the rules, are unsafe or pose a risk to people or the environment provides.
e) Provides necessary information and support to those concerned in case of emergency or accident.f) Notifies the administration of dangerous goods accidents occurring in the area of responsibility.
g) Provides the information and documents requested in the controls made by the official authorities and ensures the necessary cooperation.

(3) The responsibilities of the coastal facility operator are given below. a) It ensures that the ships are berthed and moored in an appropriate, sheltered and safe manner.

b) It ensures that the entry-exit system between the ship and the shore is appropriate and safe.
c) Provides training for people involved in loading, unloading and handling of dangerous goods.
ç) By personnel who are appropriately qualified, trained and who have taken the occupational safety precautions in the operation area of the dangerous goods in a safe and appropriate manner. It ensures that it is transported, handled, sorted, stacked, temporarily held and inspected.
d) Requests all mandatory documents, information and documents related to dangerous goods from the person concerned, and ensures that they are present with the cargo.
e) Keeps the up-to-date list of all dangerous goods in the operation area.
f) It ensures that all operating personnel are trained on the risks of handled dangerous goods, safety precautions, safe working, emergency measures, security and similar issues, and keeps training records.

(3) The responsibilities of the coastal facility operator are given below.
a) It ensures that the ships are berthed and moored in an appropriate, sheltered and safe manner.
b) It ensures that the entry-exit system between the ship and the shore is appropriate and safe.
c) Provides training for people involved in loading, unloading and handling of dangerous goods.
ç) By personnel who are appropriately qualified, trained and who have taken the occupational safety precautions in the operation area of the dangerous goods in a safe and appropriate manner. It ensures that it is transported, handled, sorted, stacked, temporarily held and inspected.
d) Requests all mandatory documents, information and documents related to dangerous goods from the person concerned, and ensures that they are present with the cargo.
e) Keeps the up-to-date list of all dangerous goods in the operation area.
f) It ensures that all operating personnel are trained on the risks of handled dangerous goods, safety precautions, safe working, emergency measures, security and similar issues, and keeps training records.
g) Performs checks of the handled goods, confirming that the loads suitable for the deliveries are duly identified, classified, controlled, packaged, labeled, the brand, the manufacturer and the purchase, the appropriate packaging, and a safe loaded and received to the cargo transport unit.
ğ) Take the necessary safety measures for dangerous goods that do not comply with the rules, are unsafe or pose a risk to persons or the environment, and notify the port authority.

h) It ensures that emergency arrangements are made and that all relevant persons are informed about these issues.
ı) Notifies the port authority of the dangerous cargo accidents that occur in the area of operation responsibility.
i) It provides the necessary support and cooperation in the controls made by the official authorities.
j) Carries out activities related to dangerous goods at docks, piers, warehouses and warehouses established in accordance with these works.
k) Docks and piers reserved for ships and marine vehicles that will load or unload bulk oil and petroleum products, suitable for this work equips with equipment and facilities.
l) The dangerous goods that are not possible or not allowed to be kept temporarily in the operation area, shall be established as soon as possible without waiting allows it to be transported abroad.
m) Ships and marine vessels carrying dangerous goods cannot berth to the pier and pier without the permission of the port authority.
n) It creates a storage area in accordance with the separation and stacking rules for containers carrying dangerous goods and takes the necessary fire, environment and other safety measures in this area. In loading, unloading or transshipment of dangerous goods to ships and sea vehicles, ship’s related persons and those who load, unload or limbo take the necessary safety precautions against heat and other dangers, especially in hot seasons. Flammable materials are kept away from spark-generating processes and spark-generating vehicles or tools are not operated in the dangerous goods handling area.

o) Prepares an emergency evacuation plan for the evacuation of ships and vessels from coastal facilities in case of emergency.

(4) The responsibilities of the ship’s captain are given below.

a) It ensures that the equipment and devices of the ship are suitable for dangerous cargo transportation.
b) Requests all mandatory documents, information and documents related to dangerous goods from the coastal facility and the cargo person, and ensures that they accompany the dangerous cargo.
c) It ensures that the safety measures regarding loading, stacking, separation, handling, transportation and unloading of dangerous goods on board are fully implemented and maintained, and performs the necessary inspections and controls.
ç) It controls that the dangerous goods entering the ship are defined, classified, certified, packaged, marked, labeled, declared in accordance with the procedure, and that they are safely loaded and transported to the approved and legal packaging, container and cargo transport unit.
d) It ensures that all ship personnel are informed and trained on the risks of transported, loaded and unloaded dangerous goods, safety precautions, safe working, emergency measures and similar issues.
e) It ensures that people who are qualified and trained in the loading, transportation, unloading and handling of dangerous goods work in a way that takes occupational safety precautions.
f) It cannot go out of the area allocated to it, cannot anchor, cannot approach the pier and pier without the permission of the port authority.

g) It applies all the rules and precautions during navigation, maneuvering, anchoring, berthing and departures in order for the ship to carry the dangerous cargo safely.
ğ) It provides safe entry-exit between the ship and the pier.
h) It informs its personnel about the applications, safety procedures, emergency measures and response methods regarding the dangerous goods on board.
ı) Keeps the up-to-date lists of all dangerous goods on board and declares them to the relevant parties.
i) It takes the necessary safety measures for dangerous goods that do not comply with the rules, are unsafe, pose a risk to the ship, people or the environment, and notify the port authority.
j) Notifies the port authority of the dangerous cargo accidents that occur on the ship.
k) Provides the necessary support and cooperation in the controls carried out on the ship by the official authorities.

Rules to be followed and measures to be taken by coastal facility operators

ARTICLE 12 – (1) Coastal facility operators with Dangerous Goods Conformity Certificate shall take the following measures.

a) If the coastal facility operators cannot store the dangerous goods in the area where they are unloaded at the pier or pier, they shall ensure that these materials are transported out of the coastal facility as soon as possible without waiting in the port area.
b) Dangerous goods are packaged in a suitable way, and there is information on the package identifying the dangerous substance and information on risk and safety measures.c) Coastal facility personnel, seafarers and other authorized persons in charge of dangerous goods handling, loading, unloading and wears protective clothing suitable for the physical and chemical properties of the load during storage.
ç) Persons who will fight fire in the hazardous material handling area are equipped with firefighter equipment and fire extinguishers, first aid units and equipment are kept ready for use at any time.
d) Coastal facility operators prepare an emergency evacuation plan for the evacuation of ships and marine vehicles from coastal facilities in case of emergency submits it to the Presidency for approval.
e) Coastal facility operators are obliged to take fire, safety and security measures.
f) Coastal facility operators shall have the issues specified in this article approved by the port authority and announce them to the relevant parties.
g) The control of the provisions of this article is carried out by the port authority and when any nonconformity is detected, the handling operation is stopped and the nonconformity is eliminated.
ğ) According to the Regulation on Training and Authorization within the Scope of International Code for Dangerous Goods Transported by Sea, published in the Official Gazette dated 11/2/2012 and numbered 28201, personnel who do not have the necessary training and certificates are not allowed to work in and out of dangerous cargo handling operations and to enter the areas where these operations are carried out.
Transport of dangerous goods in the port area and between adjacent ports
ARTICLE 13 – (1) Dangerous goods and hazardous wastes in the port administrative area and between adjacent ports;

in special containers and packages, loaded on wagons and trucks and provided that the necessary safety measures are taken by the carrier and the shipper; non-passenger ship dedicated to these Works and transported by sea vehicles. This transportation is carried out in accordance with the procedures and principles determined by the General Directorate of Marine and Inland Waters Regulation and by the relevant port authority held at appropriate times.
Education
ARTICLE 14 – (1) The training required by the personnel working at the coastal facilities handling the cargoes within the scope of this Regulation is carried out within the scope of the Regulation on Training and Authorization within the Scope of the International Code for Dangerous Goods Transported by Sea and the legislation determined by the Ministry.
THIRD PART
Controls and Sanctions Controls
ARTICLE 15 – (1) In addition to its own personnel, the Ministry also makes or has it done by the personnel of institutions and organizations authorized according to Article 28 of the DecreeLaw on the Organization and Duties of the Ministry of Transport, Maritime Affairs and Communications.
(2) As a result of the inspection made by the authorized institutions and organizations, in case of detection of an act that will require an administrative fine, the “Violation Detection Report” and other evidences collected are sent to the authorized port authority for criminal action. If the port authorities deem the Violation Detection Report appropriate, they issue the “Decree Decree No. 655 Administrative Fine Decision Report”.

Administrative fine

ARTICLE 16 – (1) In case of violation of the provisions of this Regulation, the following administrative fines are applied according to subparagraph (b) of the second paragraph of Article 28 of the Decree-Law No. 655.

a) 1.000 TL for those who do not make a notification in accordance with Article 6,
b) 1.000 TL in case of violation of the special requirements specified in Article 7 and the matters left to the authority of the administration,
c) 5,000 TL for those who do not comply with the obligation to have a Dangerous Goods Safety Advisor specified in Article 8,
ç) (Repealed: OG-14/11/2021-31659)
d) 10,000 TL for coastal facilities that do not create or keep up to date Dangerous Goods Guidelines within the scope of Article 10,
e) 1,000 TL for violations of responsibilities and liabilities within the scope of Article 11, which are not covered by other sanctions provisions above,
f) Within the scope of Article 14, 10,000 TL for those who do not receive the necessary training for the personnel they employ,
g) In case of violation of other mandatory provisions regarding dangerous goods transported by sea, which are not within the scope of the above provisions, 1,000 TL.

(2) Penalties determined in the first paragraph of this article are increased by 100 percent for intentional or deliberate violations that threaten life, property, environment and safety of navigation.

(3) Administrative fines specified in this article are applied by increasing the revaluation rate determined and announced in accordance with the Tax Procedure Law No. 213, dated 4/1/1961, in relation to the previous year.

(4) The provisions of the Misdemeanor Law No. 5326 of 30/3/2005 shall apply to the Decree No. 655 of the Administrative Fines Decision Minute and the notification procedures and other matters related to the implementation of administrative sanctions.

(5) The application of administrative and penal sanctions in case of violation of the rules of this Regulation shall not prejudice the detention measures stipulated in other legislation and the implementation of other penalties and measures.

PART FOUR

Miscellaneous and Final Provisions Statistics

ARTICLE 17 – (1) The Administration creates statistics regarding these activities in terms of determining the general course of dangerous goods transportation activities and forming a policy.

(2) Those engaged in dangerous goods transportation activities are obliged to submit the requested data to the Administration.

Cases where there is no provision

ARTICLE 18 – (1) In cases where there is no provision in this Regulation, the provisions of national and international legislation to which we are a party shall apply.

(2) The matters left to the decision, discretion or regulation of the Administration or authorized institution in the international legislation to which we are a party regarding dangerous goods are determined by the Administration.

(3) In order to implement the provisions of this Regulation, all kinds of sub-regulations can be made by the Ministry. Force

ARTICLE 19 – (1) Articles 9, 10, 11 and 12 of this Regulation enter into force on 1/1/2016, Article 8 on 1/1/2018, and other articles on the date of publication.

Executive

ARTICLE 20 – (1) The provisions of this Regulation are executed by the Minister of Transport, Maritime Affairs and Communications.

– This document is to inform the recipients concerning recent legal developments in Turkey. It does not constitute legal advice or legal opinion on any specific facts or circumstances. The advice of legal counsel should be obtained for specific questions.

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