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Author Topic: Act On Fee Of Sanitation For Ships - Law no: 2548  (Read 7991 times)

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Act On Fee Of Sanitation For Ships - Law no: 2548
« on: September 15, 2010, 02:45:07 AM »
ACT ON FEE OF SANITATION FOR SHIPS
 
          Law No                  : 2548
          Adopted on      : 6/11/1981
          Published in the Official Gazette dated: 10/11/1981   Numbered: 17510
         
                                                                              *
                                                                            * *
             Scope:
             Article 1 – (Amended: 19/10/1983-2928/Art.1)
             This Law applies to ships navigating among Turkish ports, to ships navigating from foreign ports to Turkish ports, , to ships navigating from Turkish ports to foreign ports  or to ships navigating through the Turkish Straits under transit passage.
             Article 2 – (Repealed: 19/10/1983-2928/Art. 6)
            Sanitation fee
             Article 3 – (Amended: 19/10/1983-2928/Art. 2)
             The sanitation fee to be charged in Turkish ports, for each net ton of the ships falling under Article 1 , 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 be put into effect at the beginning of every fiscal year.
   Such sanitation fee 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 at Turkish ports, tourist ships carrying tourists and not engaged in any other commercial activities and  ships conducting scientific research.
   Ships navigating among Turkish ports and ships departing from Turkish ports shall pay such sanitation fee in the port of first departure, and those coming from foreign countries shall pay the same in the first port of call.
   The sanitation fee 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 fee shall not be charged to war ships,  ships making an official visit and the ships entering Turkish ports due to a force majeure and not conducting commercial activities 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 obliged to pay sanitation fee in accordance to the provisions of the Montreaux Convention, on calling to and departing from Turkish ports.   
             Ship sanitation certificate:
             Article 5 – The ships up to 250 tons operating among Turkish ports and enjoying cabotage rights shall be given an annual certificate of sanitation in return for the non-discounted 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 following activities are prohibited:
             a) Departing from ports without completing sanitation procedures.
             b) Failing to stay in front of sanitation centers or the places indicated by such centers for the sanitation procedures.
             c) (Amended: 19/10/1983-2928/Art. 4) For a ship coming from a foreign port, receiving any materials or loading and unloading passengers without obtaining a free pratique after the sanitation inspection at the port.
             d) Providing a false sanitary 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
             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.
             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 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 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 fee, the amount of the annual sanitation certificate  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 of 18/6/1947 shall 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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5399
 
 
THE LIST INDICATING THE LAWS AND PROVISIONS
REPEALED BY THE LEGISLATION PROVIDING FOR ANNEXES TO AND AMENDMENTS IN THE LAW NO. 2548
 

Repealed Legislation’s
Repealed Laws or Law Provisions
Date
Number
Article
Article 2 of the Law No. 2548 on Ship Sanitation fee
19/10/1983
2928
6

5400
 
 
THE LIST INDICATING DATE OF ENTRY INTO FORCE OF THE LEGISLATION INTRODUCING ANNEXES TO AND AMENDMENTS IN THE LAW NO. 2548
 

Repealed Legislation’s
Date of Entry Into Force
Articles entering into force on different dates
2928
22/10/1983

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