Maritime Tourism Regulation

Authority: Council of Ministers
Date of Approval: 29.06.2009
Official Gazette Date: 24.07.2009
Official Gazette No: 27298

CHAPTER ONE: Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 - (1) The purpose of this Regulation is to develop and promote the investment and operation of maritime tourism facilities and vehicles in terms of maritime and tourism services, to ensure their safe use, to determine the quality and standards of these enterprises in a way that benefits the national economy and tourism, to establish minimum rules that investors and operators in this field must comply with, and to increase the international competitiveness and quality of the maritime tourism sector.

Scope

ARTICLE 2 - (1) This Regulation covers the issuance of tourism investment and tourism operation certificates to maritime tourism facilities and Turkish-flagged commercial registered sea vehicles used for sightseeing, sports, and entertainment purposes, as well as foreign-flagged sea vehicle enterprises; the management, personnel, and operational characteristics of these enterprises; the physical conditions they must comply with; navigation principles of Turkish and foreign-flagged sea vehicles in our territorial waters; their duration of stay in Turkey and cabotage rights; and other measures to be taken for the development of maritime tourism.

(2) Sea vehicles used for cargo and passenger transportation outside the scope of tourism are excluded from this Regulation.

Basis

ARTICLE 3 - (1) This Regulation has been prepared based on subparagraph (4) of paragraph (A) of the first paragraph of Article 37 of the Tourism Encouragement Law No. 2634 dated 12/3/1982.

Definitions

ARTICLE 4 - (1) In the implementation of this Regulation;

a) Minister: Minister of Culture and Tourism,
b) Ministry: Ministry of Culture and Tourism,
c) Certified enterprises: Maritime tourism facilities or vehicles granted tourism investment or tourism operation certificates by the Ministry,
ç) Maritime tourism vehicles: Private and commercial yachts, cruise ships, day-trip boats, floating hotels, floating restaurants, vehicles capable of moving on or under water, and other maritime tourism vehicles owned by real or legal persons with seaworthiness certificates used for sightseeing, sports, and entertainment purposes in maritime tourism services,
d) Maritime tourism vehicle investors and operators: Real or legal persons who have made investments with a tourism investment certificate obtained from the Ministry or who own or lease Turkish or foreign-flagged maritime tourism vehicles by obtaining an operation certificate, renting them temporarily with or without crew for sightseeing, sports, and entertainment purposes, and marketing their own products,
e) Maritime tourism enterprises: Commercial enterprises operating maritime tourism facilities and vehicles carried out by Turkish or foreign real or legal persons, jointly or separately,
f) Maritime tourism facilities: Tourism facilities such as cruise ship ports, yacht marinas, slipways, piers, and docks that are exclusively within the scope of tourism investment or tourism operation activities, providing safe mooring, hauling, maintenance, and repair services for maritime tourism vehicles, and offering some or all of the services such as food, beverage, rest, entertainment, and accommodation to passengers arriving with these vehicles,
g) Maritime tourism facility investors or operators: Real or legal persons who invest in and operate maritime tourism facilities and market these facilities by obtaining tourism investment or tourism operation certificates from the Ministry, with activity areas determined by the Ministry,
ğ) Maritime tourism investment: Investments made by Turkish or foreign real or legal persons in maritime tourism facilities and vehicles,
h) Direct tourism operation certificate: The certificate granted directly to maritime tourism facility and vehicle enterprises specified in this Regulation without obtaining a tourism investment certificate, upon request,
ı) Law: Tourism Encouragement Law No. 2634 dated 12/3/1982,
i) Partial tourism operation certificate: The certificate granted to maritime tourism facility and vehicle enterprises specified in this Regulation, provided that the minimum qualifications required by their type and class are met, while other units are considered within the scope of investment,
j) Navigation permit certificate: The document containing declarations and procedures related to the vehicle, personnel, passengers, and voyage of Turkish-flagged maritime tourism vehicles and foreign-flagged vehicles arriving from foreign ports or wintering in Turkey, issued at the first Turkish port of arrival or the last mooring place for wintering, which also serves as a port exit document and permits voyages outside the port route,
k) Classification: The determination of the class of maritime tourism facilities and vehicles with tourism operation certificates based on minimum qualifications, capacity, physical features, material standards, operational and service quality, personnel qualifications, and education level by the classification commission,
l) Tourism operation certificate: The certificate granted to maritime tourism facilities and vehicle enterprises specified in this Regulation at the operation stage,
m) Tourism investment certificate: The certificate granted to maritime tourism facilities and vehicle enterprises specified in this Regulation at the investment stage,
n) Yachter: Persons on board a yacht for sightseeing, sports, or entertainment purposes excluding crew and other service personnel,
o) Passenger: Persons who pay a certain fee to receive sightseeing, entertainment, and sports services on a commercially used maritime tourism vehicle, excluding seamen, other assigned personnel, owners, operators, or their representatives.

CHAPTER TWO: General Characteristics and Types of Maritime Tourism Facilities

Settlement Characteristics

ARTICLE 5 - (1) Maritime tourism facilities are established in areas with infrastructure designed according to physical characteristics that provide navigation, maneuvering, docking, mooring, shelter, and hauling services to sea vehicles, ensuring sufficient safety levels in accordance with relevant legislation, and possessing the necessary equipment, installations, superstructure, adequate land and sea area, and land transportation connections to provide the expected tourism service in the best possible way.

(2) Maritime tourism facilities are not considered customs areas. However, in maritime tourism facilities declared as border gates, only the area designated for border entry and exit procedures related to the passenger, passenger luggage, and the maritime tourism vehicle is considered a customs area.

(3) In cruise ship ports and four- and five-anchor yacht marinas, in compliance with zoning plans and to facilitate and improve the quality of tourism services, accommodation and food and beverage facilities compliant with the Regulation on Certification and Qualifications of Tourism Facilities enacted by the Council of Ministers Decision No. 2005/8948 dated 10/5/2005 may be established, and yacht marinas may include yacht accommodation facilities up to 30% of the mooring capacity.

(4) Certified cruise ports and five-anchor yacht marinas may have floating hotels with a maximum of ten rooms and floating restaurants with a maximum capacity of one hundred persons, which are not self-propelled but towed by tugboats, capable of providing accommodation, food, beverage, or entertainment services.

Infrastructure Characteristics

ARTICLE 6 - (1) The following infrastructure characteristics are required in maritime tourism facilities:

a) Quays and piers suitable for regular and safe mooring and docking of sea vehicles, appropriate to the nature of the operation.
b) Lighthouses and all kinds of signals ensuring safe approach and entry from the sea in accordance with maritime legislation.
c) Systems and generators providing healthy and safe lighting for all units of the maritime tourism facilities including the environment, piers, and quays.
ç) Clean water tanks proportional to the facility capacity, installations providing potable and continuous hot water services also serving mooring places.
d) Fire prevention stations consisting of fire alarm and warning systems, fire stations, and fire extinguishers throughout the facility area.
e) In facilities without waste acceptance license certificates, closed storage and treatment installations suitable for the disposal of solid and liquid wastes such as bilge water, sludge, waste oil, garbage, and sewage in accordance with Environmental Law No. 2872 and related regulations.
f) Boxes placed at appropriate distances on land parking areas, piers, quays, and floating piers providing direct services to maritime tourism vehicles for drinking and utility water, television, telephone, and electricity needs.
g) Parking lots amounting to 10% of the mooring capacity, also serving physically disabled persons.
ğ) Internal and external telephone, fax, postal device, data, internet, communication systems, and multi-channel VHF transceiver devices operating on suitable frequencies for communication and search and rescue with vehicles at sea.
h) Internal roads within the facility suitable for passage of ambulances, fire trucks, garbage trucks, and general vehicles, also serving mooring places.
ı) Structures and systems for noise reduction.

Superstructure Characteristics

ARTICLE 7 - (1) The following superstructure characteristics are required in maritime tourism facilities:

a) Secure and controlled entrance system to maritime tourism facilities.
b) Front office and management unit.
c) A lounge for meeting rest needs.
ç) Food and beverage unit.
d) Sufficient number of showers and toilets for women and men.
e) Duty-free or customs sales unit.
f) Cabinet containing first aid materials and equipment.
g) Dining, drinking, shower, toilet, and resting places for personnel working in maritime tourism facilities and vehicles.
ğ) System or unit providing refueling facilities.
h) Safekeeping and material storage for sea vehicles.
ı) Sports facilities.
i) Mooring boat providing safe entry and exit to the port and pilotage services.
j) Firefighting boat or fire extinguishing system capable of first intervention to fire from the sea.
k) Public service building for authorized public units to perform border entry and exit procedures in maritime tourism facilities designated as maritime border gates by Council of Ministers decision.

Cruise Ship Ports

ARTICLE 8 - (1) Cruise ship ports are maritime tourism facilities possessing the characteristics specified in Article 5, with social and commercial units such as rest, food, beverage, accommodation, and shopping for domestic and foreign visitors during their entry and exit.

(2) Cruise ship ports are divided into Type A and Type B cruise ship ports.

a) Type B cruise ship ports, in addition to the characteristics in Articles 6 and 7, also have the following features:

A safe and functional passenger disembarkation area long enough to accommodate at least one cruise ship.
A cruise terminal where passengers disembarking from at least one ship can receive services.
Parking area for tour buses and taxi stands.
Security control unit for personnel, passengers, and baggage.
Information desk.
Public service building.
Food, beverage places, and rest lounges.
Closed-circuit security systems.
Announcement broadcasting systems.
First aid unit.
Toilets and special arrangements for physically disabled persons.
Postal and other communication service units.
Customs and duty-free sales units.
Suitable areas for exhibitions and shows.
Bank service unit if not available nearby.
Personnel meeting room.

b) Type A cruise ship ports, in addition to the conditions required for Type B cruise ship ports, also have the following features:

Safe and functional passenger disembarkation areas capable of accommodating four cruise ships simultaneously, allowing multiple cruise ships to disembark passengers at the same time.
Two terminal buildings where multiple ship passengers can receive services with separate entry and exit points.
Operation and management units.
Jet bridge systems for passenger transfer.
Luggage handling, loading, and unloading systems.
Offices for tourism travel agencies and tour operators.
Conference and meeting halls.
Entertainment venues.
VIP service lounge.
Food and beverage facilities.
Helicopter landing pad.
Infirmary.

Yacht Marinas

ARTICLE 9 - (1) Yacht marinas are maritime tourism facilities possessing the characteristics specified in Article 5, with piers where yachts can be moored and yacht owners can disembark on foot, social facilities such as rest, accommodation, and shopping, and units providing maintenance, repair, hauling, and technical services to yachts.

(2) Yacht marinas are divided into three-anchor, four-anchor, and five-anchor yacht marinas.

a) Three-anchor yacht marinas, in addition to the characteristics in Articles 6 and 7, also have the following features:

Sales units.
Showers and toilets for women and men yacht owners amounting to at least 5% of the mooring capacity.
Laundry and dishwashing areas.
Social facilities allowing yacht owners to rest and gather.
Toilets and special arrangements for physically disabled persons.

b) Four-anchor yacht marinas, in addition to the conditions required for three-anchor yacht marinas, also have the following features:

Restaurant or cafeteria.
Showers and toilets for women and men yacht owners amounting to at least 10% of the mooring capacity.
Dry cleaning service.
Yacht hauling area and crane systems.
Maintenance and repair services.
Yacht owner storage units.
Parking area or parking service amounting to at least 20% of the mooring capacity.
Tennis court.
Swimming pool or beach area.
Units providing facilities such as gymnastics equipment, massage, sauna, and Turkish bath.

c) Five-anchor yacht marinas, in addition to the conditions required for four-anchor yacht marinas, also have the following features:

Helicopter landing pad.
Bank service unit.
Infirmary.
Exhibition, concert, and entertainment venues.
Meeting hall.
At least two tennis courts.
Parking area amounting to at least 30% of the mooring capacity.

(3) In three-anchor yacht marinas, the characteristics specified in Article 6(h) and Article 7(e) and (ı) are optional.

Other Facilities

ARTICLE 10 - (1) Other facilities are places that provide safe hauling, maintenance, repair, and launching services to sightseeing, sports, and entertainment maritime tourism vehicles, possessing the characteristics specified in Article 5 according to the nature of the operation, excluding cruise ports and yacht marinas.

(2) Other facilities are divided into piers and docks, and slipways.

a) Piers and docks have the following characteristics:

Possibility for safe mooring and docking of sea vehicles in a protected water area.
Administration office.
Pier, fixed or removable dock.
Unit collecting waste discharged from sea vehicles in an environmentally safe manner.
Sales unit to meet basic needs if not available nearby.
Showers and toilets for women and men yacht owners.
Measures ensuring entry, exit, control, fire, and theft safety of sea vehicles.
If not available within the facility, external service procurement for toilets, showers, and food and beverage services.

b) Slipways have the following characteristics:

Management building.
First aid service.
Slipway equipment suitable for maritime tourism vehicles.
Finger piers, quays, and docks suitable for slipway equipment.