Ulgener
Re-definition and Change of Law
Gül Alpay
Associate Lawyer
[email protected]
The density in marine traffic around the Turkish Straits has recently reached high levels; therefore an important step has been taken to improve the safety of the Straits. Accordingly, the definiton of “dangerous cargo” passing through the Straits has been revised. With the amendment made with the Turkish Straits Marine Traffic Regulation Implementation Directive dated 12.03.2021, the dangerous cargo classification has become in line with the legislation of the International Maritime Organization. In the framework of the revision, petroleum and petroleum products, coal, scrap, ammonium nitrate based fertilizers, liquefied gas in bulk became dangerous cargoes.
With the said directive, vessels carrying the cargoes, which are listed below are included in the scope of dangerous cargo transportation;
1. Vessels carrying petroleum and petroleum products listed in Annex I of The International Convention for the Prevention of Pollution from Ships (MARPOL) 73/78,
2. Vessels carrying the packaged goods and objects which are listed in Section 3 of IMDG Code,
3. Vessels carrying bulk cargoes with UN number in “Bulk Cargoes Shipping Name” according to the Annex-1 of International Maritime Solid Bulk Cargoes Code (IMSBC),
4. Vessels carrying liquid bulk cargoes with the phrase "S" or "S/P" in the column "d" with the heading "hazards" of the table given in Section 17 of The International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC),
5. Vessels carrying liquefied gases given in Section 19 of The International Code of the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code),
6. Vessels passing through the Straits after unloading the cargoes specified in sub-paragraphs 1, 4 or 5.
Accordingly, the dangerous cargo covered by this definition should be clearly and accurately reported in the Sailing Plan-1 (SP-1) Report, which is reported by the masters, owners or authorized agencies of the vessels wishing to pass through the Turkish Straits.
According to the renewed regulation, three different sanctions will be applied if the vessels passing through the Straits do not report their cargo correctly: Administrative fines will be imposed on her owners, the activities of her agents will be suspended, and the vessel will lose her passage turn at the Turkish Straits.