NEWSLETTER-2019-metin
380 NEWSLETTER 2019 towage services on behalf of the Administration within a service area. An organization must have an operations license as a prerequisite to obtaining a service permit. According to Article 11/2 of the Regulation, within a service area, only one pilotage organization shall be granted with a service permit, and such organization cannot provide towage services within the same service area. On the other hand, Article 6/2 provides that the Adminis- tration may grant a service permit to, at maximum, (i) 3 (three) towage organizations in category A service areas, (ii) 2 (two) in category B service areas, and (iii) 1 (one) in category C service areas. Another limitation is included under Article 6/10 of the Regu- lation, according to which an organization may be authorized at a maximum of 2 (two) services areas for its operations license, and at a maximum in 3 (three) service areas, in total. Terms of the service permits of pilotage and towage organiza- tions are 20 (twenty), 15 (fifteen) and 10 (ten) years for category A, category B and category C service areas, respectively. Public institutions and organizations, as well as organizations that have a concession right as a consequence of a privatization process, are exempt from the requirement to obtain a service permit as per Article 6/9 of the Regulation. In the event that such organizations do not actually provide pilotage and towage services by not making the necessary investments and/or do not prefer to do so, they are allowed to procure such services from an organization that has a suitable op- erations license, with the prior approval of the Administration. Requirements to Obtain Service Permit For the determination of the organizations to be granted with service permits, the Administration shall take into consideration vari- ous factors, such as the geographical, economic, strategic and security characteristics of the service area, characteristics of the shore facilities, as well as the zoning plan status, public interest, competence of the organizations in terms of employees, equipment and financial condi- tion, number of harbour pilots or tugboats, and regional and corporate service experience of the organizations. The Administration shall also
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