1. Seminar on the Implementation of measures to ensure that safety standards are “to the Satisfaction of the Administration”
Istanbul, 26/27 April 2016
Capt. Cahit YALCIN
- A Flag State Model – Turkish Approach to SoA issues, IMO Recommendations, Reporting and IMO Strategy

2. Republic of Turkey volunteered for IMO VIMSAS in 2009
Audit scheduled for 2011
Due to complete change in Administration in 2011, VIMSAS audit took place in Sept. 2013
Several systems were introduced before the Turkish VIMSAS. They are still in active use

3. Issues that are left to SoA in IMO Instruments
This issue was addressed with an expert level “inter- departmental working group”
The group started the task by listing all SoA issues in instruments,
Each SoA issue was assigned to a responsible technical department,
Technical departments consulted to ROs, experts in the regions, ship surveyors and IMO experts as necessary;
Technical departments drafted definitions and explanations for each SoA issue;

4. Issues that are left to SoA in IMO Instruments
“Implementation Orders” were prepared in coordination with inter-departmental working group;
Several “Implementation Orders” signed by the Deputy Undersecretary were issued for areas left to the SoA .
All IOs are placed to Administration web page,
All ROs and shipping sector were duly informed,
IOs issued also for IMO UIs. They stated “All IMO UIs as listed below, to be duly implemented and followed, unless contrary to national legislation.” A list of UIs were attached.

5. Issues that are left to SoA in IMO Instruments

7. IMO Non-Mandatory Instruments System
Circular 2013/6 “Transposition of IMO Recommendations” by the Minister of Transport, Maritime Affairs and Communications deal with the IMO NMI Quote from Circular 2013/6: “IMO creates recommendations for proper implementation of international conventions and to provide assistance to the member States on safety and pollution issues.”

8. Quote from Circular 2013/6: “IMO Recommendations are published in the form of codes, guidelines, resolutions or circulars and they assist the implementation of safety and prevention of pollution laws and facilitate international maritime trade for the administrations. IMO creates these recommendations for the member State to promulgate them in the relevant legislation (in the legal system). IMO recommendations are not applicable in domestic and international areas and can not be implemented unless member States take positive action”

9. Quote from Circular 2013/6: “In relation to the points stated above, the following method for the transposition of the IMO recommendations is accepted in our Ministry: a. The relevant departments of the MoTMC shall follow the IMO recommendations as per the list attached.”

10. Quote from Circular 2013/6:
“The relevant departments shall inspect the IMO guidance within their area of responsibility,
Departments shall use the recommendations that are found beneficial in drafting or updating legislation or guidance.
Opinions of relevant internal/external institutions/organizations should be taken during preparation. In addition, the public should be notified after the legislation / guidance becomes effective.”

11. Quote from Circular 2013/6: “The relevant departments shall inform the Directorate General of Foreign Affairs and European Union of IMO recommendations that are within the scope of their responsibilities, but not required to be transposed or not considered suitable, stating the appropriate justification. c. If it is decided that a Ministry Circular and/or Implementation Order should be issued for IMO recommendations, text of the relevant recommendations shall not be translated unless it is deemed necessary. Circular or Implementation Order shall include general and summary information about the topic; issues of vital importance shall be clarified; and the relevant IMO recommendations shall be referred by number and name.”

12. Quote from Circular 2013/6: “Ministry Circulars and/or Implementation Orders regarding IMO recommendations shall be classified as follows so that the relevant institutions/organizations can easily have access when required; They shall be published on the Ministry's website by the responsible department. “

13. Quote from Circular 2013/6: I. General II. Marine Safety
a) Flag and Port States Implementation, Inspection and Documentation
b) Cargoes and Dangerous Goods
c) Search and Rescue
ç) Ship Design and Equipment
d) Fire Protection and Fire Fighting
e) Navigation, COLREG, Ship Traffic and Reporting, Radio Communication, GMDSS, LRIT
f) Ship Stability, Load Lines and Fishing Vessels
g) Seafarers, Occupational Safety, Working Conditions, Health
h) Safety at Sea
i) Ship Operations
j) Miscellaneous - others

14. Quote from Circular 2013/6: III. Maritime Environment
a) MARPOL Implementation
b) Emergency Response
c) Financial Liability and Compensation
ç) Ballast Water
d) Antifouling Systems and Coatings
e) Wastes and Discharges into the Sea
f) Miscellaneous
III. Maritime Law
V. Facilitation of Maritime Trade

15. Quote from Circular 2013/6:
“Amendments related to the recommendations shall be reported to the Directorate General of Foreign Relations and European Union by the relevant departments. The DGFREU shall keep records.
It is requested that all concerned take necessary action for the implementation of this Circular which shall become effective upon publishing.
Maritime Undersecretariat Circular no 2010/8 dated is revoked.
This Circular to be duly implemented by all the relevant departments so that Ministry and Turkish Maritime Industry can benefit from IMO recommendations to the greatest value.
Binali YILDIRIM Minister”

17. Every DG and department identified their responsible persons,
6 monthly inter-departmental coordination meetings were held,
All IMO guidance were inspected, responsible departments were identified during the meetings,
Only 1 Implementation Order was published for the IMO UIs, stating use of all of them by ROs are accepted by the Administration unless contradictory to mandatory legislation.
Control of proper implementation of this circular made by the DGFAEU, 6 monthly progress reports were submitted to the “IMO PERGE” coordination meetings

20. IMO Reporting System
Circular 2013/4 on “Mandatory Notifications and Reports to the International Maritime Organization” by the Minister of Transport, Maritime Affairs and Communications.
Quote from Circular 2013/4
“Administration is obliged for making notifications and submitting reports regarding many technical subjects as per the provisions of the IMO instruments.
Reporting obligations to be carried out through official correspondence to either IMO Secretariat or IMO databases.”

21. IMO Reporting System Quote from Circular 2013/4
“The list of the notifications to be made and reports to be submitted to the IMO, as well as the units required to make the notifications and reports, the time, period and purpose of the same are indicated in the table provided in attachment to this Circular.”

22. IMO Reporting System Quote from Circular 2013/4
“The following is required for IMO notifications and reports:
a) Necessary information, serving to the purpose,
b) A simple and understandable language, based to standard principles for making notifications as indicated in IMO instruments,
c) Periods and procedures of this Circular and the IMO Conventions to be complied with,
d) Information to be updated as necessary with supplementary reports,”

23. IMO Reporting System Quote from Circular 2013/4
“e) Information uploaded to IMO databases shall be checked at least twice a year by the related unit and updated as necessary,
f) Methods that could be employed are official correspondence, fax, electronic mail and upload to IMO database.
Other public institutions and entities and sector representatives that are related to the reporting subjects shall provide necessary assistance and support in accordance with the Circular of the Prime Ministry No. 2010/23 of ”

24. IMO Reporting System Quote from Circular 2013/4
“Any difficulties shall be promptly notified to the Directorate General for Foreign Affairs and European Union.
Notifications/reports to be made by electronic means shall be directly uploaded to the IMO database by the responsible units and DGFAEU shall be duly informed,
Notifications/reports required to be sent in writing shall be prepared by the related bodies and forwarded to the DGFAEU to be relayed to the IMO, who shall provide the necessary cooperation and coordination to ensure that the activities regarding the notifications/reports are performed as required.”

25. IMO Reporting System Quote from Circular 2013/4
“A copy of the notifications/reports sent within the scope of this Circular shall be maintained in the archives of the FAEUGD.
An archive shall not be held for information that can be accessed through the electronic database.
The attachment to this Circular regarding notifications/reports shall be kept up to date by the FAEUGD in line with the IMO instruments and their amendments. Related public institutions and entities shall be informed of these changes.”

26. IMO Reporting System Quote from Circular 2013/4
“For purposes of effectively performing our notification/reporting obligations arising from the international instruments, the implementation of the Circular shall commence as of the publishing date and it is hereby requested that due diligence and maximum care be shown in complying with the provisions of this Circular.”
Binali YILDIRIM
Minister
ATTACHMENT: List of mandatory Notifications and Reports to be made as per IMO Conventions (11 pages)

27. Turkish ”IMO Strategy” Prime Minister’s Circular
MoTMC Ministerial Circular on IMO Strategy
Regulations on Maritime Coordination Commission
MoTMC Ministerial Circular on IMO-PERGE Overall Performance Monitoring and Development system
Implementation Order on IMO-PERGE Overall Performance Monitoring and Development system

29. Thank You for your attention! Questions and Answers