Collateral Management Agreements

SHIP SUPPLY REGULATION

 

FIRST PART

Purpose, Scope, Basis and Definitions

Purpose and Scope

Article 1 – The purpose of this Regulation, in the area determined or determined as the dismantling zone, the anchoring of scrap ships, taking the necessary measures with other technical facilities such as the beach, the head, stern, or Lok and Dok, replacing the ship dismantling in accordance with the relevant legislation provisions in terms of human and environmental health. and the removal of ship dismantling activities in our country, including the land area determined as the ship dismantling zone, the sea area determined by the Administration as coordinates, the ship dismantler and the ships in the area for dismantling.

Rest

Article 2 – (Amended: RG-15/1 / 2019-30656 Repeated)

This Regulation is published in the Official Gazette dated 10/7/2018 and numbered 30474 No. 482 of the Presidential Decree on the Presidential Organization, Law No. 618 dated 14/4/1341 and numbered 655 on 26/9/2011. and Some Regulations Regarding Infrastructure.

Definitions

Article 3 – In this Regulation;

Administration: (Amended expression: RG-15/1 / 2019-30656 Duplicate) Ministry of Transport and Infrastructure ,

Port Presidency: Port Presidency which includes the Ship Dismantling Region within its borders,

Ship: All kinds of boats and sea vehicles, which are not small, depending on the purpose of the allocation,

Ballast: Seawater taken to fill and / or stabilize the propellers of ships,

Titmount: A ship should be brought to the beach in an upright position and brought into contact with the land by the head,

Rump: A ship is brought to the beach in an upright position and contacted by black

Borda: The side outer surface between the backbone and the main deck,

Bottom tank: At the bottom of the boat, the gap between the interior and exterior hair plates of the boat,

Deretisation: The removal of the ships from mice,

Deretisation Exemption Certificate: It is a document indicating that there are no traces, scents and odors of the mice as a result of inspection on the ships and the ship is clean from the mouse.

Dok: Pool surrounded by the docks for the construction, repair or dismantling of ships,

Lok: Intermediate pool made for switching ships from two different water surfaces to another,

Gas-Free process: The process of disassembling the flammable, explosive and flammable materials on the ship to be disassembled and stored in a free state before disassembling, free operation of the environment, hot working and human working process,

Gas measurement: Periodic intervals of the presence of flammable, explosive and flammable gases and vapors in this environment before the work to be carried out in the closed areas where there are dangerous gases and vapors on the ship to be disassembled, the determination of the concentration in the environment, if any,

Ship dismantler: Real or legal persons using the right of the parcel to be disassembled,

Ship dismantling zone: Facilities or facilities authorized to be dismantled by the Contracting Entity,

Scrap ship: The vessel that is economically and technically lost and / or brought to / from the Ship Disassembly Zone in order to be dismantled,

Solid waste: Domestic solid wastes, hazardous wastes and special wastes that must be regularly managed in order to protect the environment,

Liquid waste: waste water, such as waste water, dirty ballast, engine waste, engine room, except all kinds of chemical toxic substances and toilet waste.

Hazardous waste: Hazardous physical, chemical and / or biological properties of asbestos due to adverse effects in living environments and receiving environment, used batteries and similar wastes,

Waste management plan: Short and long-term plans to be determined by the Ministry of Environment and Forestry in order to manage waste in a harmony with the environment,

Bilge: Spills collected in the section of the vessels under the engine room, warehouse and tanks,

Pan: The lower flat part of the ship, where the bilge and dirty water is located after the ship’s upper deck has been removed,

Capariz: Preventing a maneuver or work being done,

Location: It is suitable for anchoring of ships and being able to stand in security.

Coastal line: Sea, natural and artificial lakes and streams, except in the case of flood

refers to

SECOND PART

Permission for Ship Disassembly and Disassembly Permit

 

Certificate of Ship Disassembly

Article 4 – Natural or legal persons wishing to engage in ship dismantling shall obtain authorization from the Contracting Entity for ship dismantling.

Those who wish to obtain authorization for ship dismantling;

1. a) Permission to open certificate of non-sanitary facilities,
2. b) The permission of establishment and operation certificate to be obtained from the Ministry of Labor and Social Security,
3. c) the contract signed between the owner of the ship dismantling area and the ship dismantler and showing the principles of use of the ship dismantling site and other relevant document,
4. d) the scope of the commitment to be determined by the Contracting Entity,
5. e) 1/1000 and 1/500 scale sample of the ship dismantling facility site plan,
6. f) the signature of the natural or legal person and an example of circular Turkey Trade Registry Gazette,
7. g) A copy of the certificate of registration to the Chamber of Commerce closest to the activity area,
8. h) Other information and documents required by the Administration

to the Administration together with the written request.

The administration examines the request and issues a certificate of ship dismantling to those who are deemed appropriate (Annex-1).

Release Permission

Article 5 – The ship dismantler cannot disassemble the ship without the permission of dismantling. It is compulsory to have dismantling permission for every scrap vessel to be removed.

For permission to dismantle ship dismantler:

1. a) The ship to be removed;

1) If there is a Turkish flag, the document indicating that the registration has been deleted from the Turkish Ship Registry due to the scrapping,

2) If the flags are foreign flags, the minutes prepared by the representative of the Undersecretariat of Customs and the Chamber of Shipping and / or their representatives in the direction of the Administration,

1. b) The scrap ship brought to the ship dismantling zone for dismantling;

1) The report approved by the Government designated technical staff or accredited institutions and organizations, where the Gas-Free process is performed and the tanks are suitable for inspection or cleaning purposes, where the tankers are allowed to operate hot,

2) If the Gas-Free transaction has been performed abroad, it shall be translated by the sworn translation offices of the said document and shall be authorized by the government designated technical staff or accredited institutions and organizations,

1. c) Deretization derogation certificate issued by the Ministry of Health and the Directorate General of Health of the Border and Coasts of the scrap ship which is brought to the ship dismantling zone for dismantling;
2. d) A copy of the customs clearance minutes issued by the foreign flagged vessels and the first entry control of the ships coming from abroad,
3. e) For the disposal of the substances to be dismantled within the scope of the waste and hazardous waste related to the ship, the authorities shall adopt an agreement with the government approved disposal facilities.

apply to the Port Authority by adding to the written request.

Port Authority; makes the necessary evaluation on the application documents and gives permission to dismantle the appropriate ships. Informs the customs administration about the ship with foreign flags that are allowed to dismantle and from abroad. Ships that are in a state of disruption to their dismantling are not allowed to dismantle without having their problems solved.In the examination for the preparation of the minutes prepared in subparagraph (2) of subparagraph (a) of the second paragraph of this article, the Contracting Entity may request representatives from relevant institutions if it deems necessary.

THIRD PART

General Principles and Measures to the Region and Ship Disassembly

 

General Layout of the Region

Article 6 – Ships coming to the area to be dismantled shall be taken to the anchor determined by the Port Authority without waiting.

Scrap vessels may not anchor outside of the anchorage area or the areas specified by the Port Authority and may not hang out of these areas. The ships moored in these areas cannot push the ballast and bilges into the sea;

Ships brought to the region to be disassembled, whether in the alargada or on the shore, stern, stern or plains in the region can not give the sea traffic.

Scrap ships moored in the anchorage areas and scrap ships in the reserve and the vessels that attract them shall show the lanterns and signs required by the Regulation on Prevention of Collision at Sea, dated 12/12/1977 and numbered 7/14561, as well as other relevant port legislation. This control is entirely owned by the Harbor Master and, if necessary, is legally implemented by the Harbor Master.

As a result of unfavorable weather conditions, iron scans or iron will be cut, ships leaving the mooring area will be provided by the ship dismantler with the help of a tugboat and a pilot under the supervision of the captain will be immediately secured and provide information to the Administration. In cases where the sea is not suitable for the anchoring of scrap ships, the ships in the anchorage area are transported by the ship dismantler to a place approved by the port authority and the relevant customs office is informed about the situation.

Relevant port legislation shall apply for matters not included in this Regulation. In the case of ship removal, the conditions in the relevant port legislation shall be observed.

General measures related to disassembly

Article 7 – Ships that are allowed to dismantle before the facility to be dismantled, can be made to the tit or stern, which can not be plunged into neighboring facilities, they can be taken to Lok or Doka.

The ship dismantler has to take effective measures to keep the scrap ships in place in all kinds of unfavorable weather conditions.

The removal of the part of the tit or stern, up to three meters above sea level, may be carried out where it is located. The level below this level cannot be removed without pulling in three meters from the shoreline. However, if this part is too heavy to be pulled, the reinforcement can be continued with a wave effect to prevent the ship from breaking and a lower level of dismantling can be continued. This provision shall not apply to ships dismantled in the dry dock (Dok).

The parts containing liquid waste on the scrap vessel may be dismantled after these sections have been taken out at least ten meters from the shore line and the cleaning process has been determined as specified in Article 8 of this Regulation and determined by the Harbor Master.

The ship dismantler informs the customs administration if there is any material (solid, liquid waste and bilge) that is not detected during the dismantling of the ship, except for the materials and articles which are not the sole ship of the scrap ship and which are determined by the delegation in the ship dismantling zone.

The ship dismantler must inform the Port Authority about the dismantling process within fifteen days after the ship dismantling process is finished.

The shipbuilders will be built in the ship dismantling zone; In the place indicated in the zoning plan, it is made according to the settlement order, which makes it possible to make optimum use of the existing land and which is approved by the Administration. As the occupational health and safety regulations should be taken into consideration in the said construction, structures and facilities cannot be functional, hygienic, aesthetic and environmental obstacles to neighboring parcels.

Measures for Environmental Pollution

Article 8 – Gas-free and derailment of scrap ships shall be made before the ships have been brought to the dismantling zone.

Although it is prohibited to do these works in the anchoring area and dismantling sites;

1. a) Even if the Gas-Free certificate has been obtained, half-day or day gas measurements shall be carried out by the ship dismantler in the tankers before the dismantling, and their inspections shall be made by the technical staff or accredited institutions and establishments to be carried out by the Harbor Master.
2. b) The treatment of scrap ships from bilge, dabılbotum wastes and other solid, liquid and pollutants may be carried out in the ship dismantling zone by taking Lok or Doka in the ship dismantling zone following the following rules.

1) Liquid wastes of scrap ships shall be discharged by taking necessary environmental, health and safety measures to the liquid waste collection tank to be berthed from the floating pontoon and similar or land to be brought to the side of the ship to be dismantled. Wastes collected in places such as liquid waste collection tank, tank are stored in licensed intermediate storage facility established by the operators and then refined by refineries in accordance with the institutions licensed by the Ministry of Environment and Forestry or the protocol to be made. The transport of wastes to the treatment plant is carried out under the supervision and control of the customs administration.

2) Scrap of the ship as a waste during the dismantling of the substances; is discharged in accordance with the environmental, health and safety conditions and disposed of by the ship dismantler according to the relevant legislation.

1. c) The process of dismantling the scrap ships as for the pan part;It is allowed to dismantle the pan part after the port presidency where the bilge, dabbylots and other closed areas where liquid wastes can be found are completely cleaned from the sea pollutants such as oil wastes and oil.
2. d) The debris, rust, rubbish and similar solid wastes, which are not considered as hazardous waste, shall be stored by the ship dismantler in return for the related municipality fee.
3. e) The authorities of the public institution / organization that will go to the region for examination are to be examined by the ship dismantler;all kinds of safety, technical and administrative support are provided.
4. f) During the procedures such as dismantling, storing, transporting and similar substances coming out of the scrap ships and which are considered as hazardous waste in the related legislation, transactions are made according to the provisions of the current legislation.

The ship dismantler must take all necessary preventive measures and prepare waste management plans in order to prevent environmental, health and safety risks during dismantling. In order to prevent the material to be transported to the sea by accident, the ship dismantler must have a floating barrier and place it in place before starting to dismantle, take the necessary measures and clean it in case of possible pollution.

The ship dismantler must comply with the provisions of Article 22 of the Environmental Law dated 9/8/1983 and numbered 2872 and the provisions of this Regulation, as amended by Article 4 of Law no.

Fire Protection Measures

Article 9 – Ship dismantlers, 6/8/1975 dated and 7/10357 land on the shore, sea, harbor or shore can reach and spread to the land or land on the shore, port and sea to be taken against the fires that may be taken against the prevention, fire and rescue measures By-Law on Regulation on the Protection of the Buildings, dated 12/6/2002 and numbered 2002/4390, by the Regulation on the Protection of Buildings with Flammable, Explosive, Hazardous and Harmful Substances and Measures to be Taken in Works, dated 27/11/1973 and numbered 7/7551 In accordance with the Occupational Health and Safety Regulation dated 4/12/1973 and numbered 7/7583 issued by the Labor Law, they shall take fire protection and fire fighting measures.

The ship dismantler is responsible for taking the necessary measures and extinguishing the fire in order to prevent the spread of the fire in the ship dismantling zone, both at sea and on land on ships or facilities.

Ship dismantlers, managers or officials who have the facilities in the ship dismantling zone to open a course to teach the fire protection and fire extinguishing methods according to the Worker Health and Safety Regulation dated 4/12/1973 and numbered 7/7583 obliged.

The ship dismantler shall immediately inform the fire brigade organizations and the relevant agencies and organizations that may provide assistance if necessary. phone, radio, buzzer, siren, bell, light lamps, and similar installations will keep working at any time.

The fire protection and extinguishing methods and the standards of the vehicles and equipment to be applied in the dismantling zone shall be ensured by the local civil defense organization.

In addition to the extinguishing device, which must be kept in accordance with the relevant legislation in the land transport vehicles that are going to be transported to the ship dismantling area, it is provided by the ship’s dismantler to have an extinguishing device.

The ship dismantler shall have the necessary periodic inspections of the pressure vessels, lifting equipment, equipment and equipments in its facilities and all kinds of cutting devices and equipment in accordance with the Worker Health and Labor Safety Regulation dated 4/12/1973 and numbered 7/7583.

CHAPTER FOUR

Audits, Discontinuation of Activity and Cancellation

audits

Article 10 – In the facilities provided with the certificate of ship dismantling; The Administration is authorized to control or obtain all the buildings and facilities on the real estate where the ship dismantling is carried out during the construction phase and during the operation by means of the project commissions. Deficiencies identified in the controls are completed by the ship dismantler in the time and conditions to be given by the Administration.

For the activities of the ship dismantler in the region; Administration and port presidency shall carry out the necessary regulations within the framework of this Regulation and port legislation and other institutions under their own legislation. In case of audits performed by other institutions, any defects in the workplace shall be notified to the administration.

The ship dismantler shall be warned by the Contracting Entity in order to eliminate the irregularities determined as a result of the audits. The deadline shall not be less than fifteen days, depending on the nature of the violation.

Stopping Activity

Article 11 – Those who are engaged in ship dismantling activities in the region;

1. a) Ship dismantler’s activities without dismantling the ship shall be carried out by the Contracting Entity until
2. b) The activities of those who operate without a certificate of authorization shall be determined by the highest civilian authority of that place upon the request of the port authority,
3. c) As a result of the audits, the activities of those who are found to be in contradiction with the provisions of this Regulation and which do not correct this inconvenience shall be

stop immediately.

Cancel

Article 12 – Operating as a ship dismantler by obtaining a certificate of authorization;

1. a) Crimes written in Articles 359, 360 and 362 of the Tax Procedures Law no. 213, those who have taken the penalties in the eleventh part of the Customs Law no. 4458, or the provisions of the Law no. From the date of the administration of the ship dismantlers, whose acts and penalties are permanently removed from membership,
2. b) Ship dismantlers;

1) Those who have not complied with the provisions of this Regulation and who have not fulfilled the requirements within the time period after the warning,

2) In the last one year, more than three warnings,

3) Those who inform the Administration that they will terminate their activities with their own consent,

4) Temporary removal from membership by the Chamber of Commerce,

authorization certificate is canceled.

If any, the cancellation of the allocation is requested from the relevant institution. If there are scrap ships and / or ships in the facility that are dismantling, the Administration shall be allowed to complete the dismantling process.

SECTION FIVE

Final Provisions

 

Out-of-Region Dismantling

Article 13 – Ship dismantling cannot be performed except for ship dismantling facilities. In cases where the port authority identifies such activity in the area of ​​responsibility, if the dismantling process is in contradiction with the relevant port legislation, they shall act in accordance with the provisions of the 11th and subsequent articles of the Law No. 618.

exceptions

Article 14 – A ship which is located outside the ship dismantling zone can be dismantled in compulsory cases and where it is located, provided that the permission of the Administration is obtained. The dismantling permit shall be granted for a certain period of time to be determined by the Administration according to the nature of each work. At the end of the period, the ship owner’s permission is canceled without force majeure. During the dismantling process, the measures specified in this Regulation shall be observed to the extent permitted by the conditions.

According to this article, the claimant is the applicant; The amount calculated as equivalent of USD 10 per ton on the light ship is added to the request of the Central Bank, which has deposited to the Maritime Revenue Fund of the Undersecretariat of Maritime Affairs as the Turkish Lira. If the said amount is not deposited, the request for authorization shall not be examined by the Contracting Entity.

The Contracting Entity shall examine the request to be determined according to the nature of the ship to be dismantled, the location and the nature of the dismantling process; requires a letter of guarantee indefinitely or a notary approved undertaking with government bonds or treasury bail bonds. Demand is granted to the claimant who fulfills the requirements.

Determination of Sea Borders

Article 15 – The sea boundaries of ship dismantling zones to be established within the scope of this Regulation and the coordinates of these boundaries shall be determined by the Administration and the sketches to which the boundaries have been processed shall be published in the Official Gazette as a notification.

Repealed Provisions

Article 16 – The Regulation on Aliaga Ship Recycling Area published in the Official Gazette dated 1/9/1986 and numbered 19208 has been repealed.

Provisional Article 1 – The sea ​​boundaries of Aliağa Ship Recycling Area specified in the Regulation of Aliağa Ship Dismantling Zone published in the Official Gazette dated 1/9/1986 and published in the Official Gazette of 19208 shall be validated according to Article 15 of this Regulation until they are published in the Official Gazette.

Provisional Article 2 – Those who are still operating as ship dismantlers make their conditions in compliance with this Regulation within six months of the date of entry into force of this Regulation.

Temporary Article 3 – On the date of entry into force of this Regulation, those who have been granted permission to disassemble the ship and have not completed the dismantling procedure by being contrary to the requirements of the permit shall be deemed to have been canceled. In order for these ships to be dismantled, it is necessary to obtain a permit again according to Article 14 of this Regulation.

Provisional Article 4 – (Annex: RG-18/2 / 2015-29271)

Those who are not able to obtain the documents to be submitted to the other institutions and organizations within the scope of this Regulation for the reasons arising from the implementation of the zoning plan and present the missing documents until the date of 28/2/2020 (Amended: RG-27/2 / 2019-30699) .

Force

Article 17 – This Regulation shall enter into force three months after its publication.

Executive

Article 18 – (Amended: RG-15/1 / 2019-30656 Duplicate)

The provisions of this Regulation are executed by the Minister of Transport and Infrastructure.

ADDITIONAL

(Amended: RG-15/1 / 2019-30656 Duplicate)

(Ship Extraction Certificate of Authority)

 

	TC MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE Shipyards and Coastal Structures General Directorate
SHIP REMOVAL AUTHORIZATION CERTIFICATE     Operational Organization: Address: Tel: Fax: E-mail:   Parcel Number:   Top Right Creation Date: Top Right Period:   Connected Port Authority:       CONFIRMATION   …. / …. / …..