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Law No. 4653
Acceptance Date: 26/04/2001
ARTICLE 1 - 4 February 2000, which was signed in Athens "Between the Republic of Turkey and the Republic of Greece Maritime Transport Agreement" has been used in the validation of.
Article 2 - This Law shall enter into force on the date of publication.
Article 3 of this Law shall be enforced by the Council of Ministers.
THE REPUBLIC OF TURKEY THE REPUBLIC OF GREECE SEA TRANSPORT AGREEMENT BETWEEN
Hereinafter referred to as the parties Republic of Turkey and the Republic of Greece;
Between the Parties relations, especially to strengthen the cooperation in the maritime field, so are the basis of commercial navigation liberalization policies contribute to the development of international shipping, with the desire to promote the development of bilateral trade ties, the
maritime security and the marine environment, noting the importance of the protection in accordance with relevant international agreements ,
international law and, in particular taking into account the principles of international shipping contract that determines which members of both parties,
have agreed as follows: Article 1
Definitions for the purposes of this agreement;
1. "The ship of the Party", which is stored on one ship registry and flying the flag of the parties under the legislation will mean any ship.
But this term will cover comprising:
(a) warships and auxiliary vessels connected to Navy
(b) fishing vessels,
(c), hydrographic, oceanographic and scientific research vessels engaged in, | || (d) ships exclusively administrative or state service providers.
2. "Crew member" means the master and has been employed in connection with the duties and services run the ship, including the crew list, which would mean any person with the required identification. 3
. "International shipping" means only outside the country conducted between ports of a Party, shall mean any transport performed by a ship.
4. "Cabotage" means, it will mean goods and passenger transport between ports of the Parties. "Cabotage" means, even if it moves Connecting a Bill of Lading to, origins and whatever the destination, from any port of the Party, the same party is to be moved to another port, either directly or indirectly involves the transport of goods transferred from one ship to another. The same provisions, even though they have to transfer ticket is valid for passengers. Article II Scope of the Agreement
1. Parties, free and fair competition in the development of relations in the maritime field, they will base their freedom of navigation in international maritime transport and trade policies that will affect negatively to refrain from all acts. vessels flying the flag of the Party operating the natural and legal persons, discrimination maritime transport activities carried out in the territory of the other Party to make policy will be implemented.
2. The provisions of this Agreement:
(a) shall not apply to ports not open to foreign ships.
(B) shall not affect the rules regarding the entry and residence of foreigners.
(C) two Parties, vessels flying their flag with their national legislation, companies or they reserve for organizations, especially cabotage, sea fishing, pilotage, towage, salvage and shall not apply to activities, including assistance at sea.
(D) shall not apply to the carriage of immigration and immigrants. 3
. commercial ships carrying dangerous waste is subject to the provisions of relevant international conventions. Article III
Authorities in the implementation of this Agreement, the Competent Authorities of the Parties:
- the Republic of Turkey, the Prime Ministry Undersecretariat for Maritime Affairs.
Of the Republic in Greece, the Ministry of Mercantile Marine. In case of any changes to the names and duties of
Parties, the Parties shall notify through diplomatic channels. Measures
application, to the extent opportunities and without prejudice to international obligations prejudice to the Competent Authorities have agreed to authorize the issue of taking the following measures for the implementation of this Agreement:
(a) complete this deal There are consultations to ensure enforcement,
(b) shipping in the area and to improve the contacts and cooperation between companies and organizations operating in related fields,
(c) to eliminate any difficulties that may hinder the development of maritime traffic and maritime affairs,
(D) commercial goods to facilitate the services provided in the transport and port by sea,
(e) exchange information in order to strengthen the cooperation between the merchant marine has,
(f) to examine the possibilities for cooperation in the relevant international forums,
( g) maritime education, culture and intensify the exchange of information on technology,
(h) investigate the possibilities for cooperation in various other maritime issues in the shipping industry. Basis of Cooperation
Article VI 1. Parties in international maritime transport, to comply with free and fair competition principles, in particular, have agreed on the following:
(a) the ship of the Republic of Turkey and the Hellenic Republic, between the ports of the Parties and in third country ports and the port limit on goods and passenger transport by sea to provide input, without
(b) the difficulties which may hamper the development of sea trade between ports of the parties to cooperate in order to eliminate,
(c) the party of the vessel, with the ports of the parties between the ports of third countries to avoid measures that prevent their participation in the maritime trade,
(d) the parties fully or partially allocated to their vessel, to remove any unilateral restrictions on the international transport of goods and passengers by sea,
(e) to refrain from implementing load sharing arrangements.
2. This point in the first subparagraph of Article vessels of third countries, the Parties shall not affect the right to participate in the sea trade between the ports. 3
. Nothing in this Article shall not prevent the commercial competitiveness of the commercial fleets of the Parties to take appropriate measures to ensure their participation on the basis of international trade.
Article VI to be imposed on ships in ports Treatment
1. Each Party to the other Party of the vessel, free entrance to the harbor, where the allocation of berths, all port facilities handling, loading, unloading, ship to ship transport, passengers boarding and alighting, the payment of any fees and tariffs on the use of services for navigation, their international sea will the same treatment to the ships of his trade.
2. Parties, except as otherwise required by any Article of this Agreement shall in all other matters related to each other the most favored countries in the nautical equivalent treatment.
However, each of these provisions due to join an Economic Integration Agreement, the Parties shall not apply to any kind of advantage gained. 3
. Parties, legislation, within the limits of international obligations arising from the law of the port rules, to facilitate maritime traffic in the harbor, to speed up the necessary procedures and customs, other operations, such as health and police checks will exert every effort to simplify as much as possible.
4. Each Party's vessels, they stopped to unload some of its cargo at a port of the other Party, after fulfilling the law and the rules of this country, without paying any additional fees in the same country or in another country can keep on board the cargo will go to another port or they can transfer to another vessel . Likewise, each Party vessels, further subjected to one or more ports of the other Party, all or a portion of their cargo destined for foreign ports, in similar cases, other parties can download without paying any additional fees they received from their ships. Ship documents
Article VII 1. A Party which is organized in accordance with its legislation or acquaintances, and the other documents pertaining to indicate the nationality of the ship and ship documents, shall be recognized by the other Party.
2. Located in the ship of a party, especially in terms of environmental safety of navigation and required documents, provided they are prepared in accordance with the International Covenant on that side of the two Parties, the other Party shall be given by the competent authority. 3
. Parties, 1969 prepared in accordance with the International Convention on Tonnage Measurement of Ships ship tonnage certificate holder shall not be subject to re-measurement at the other side of the harbor.
Vessels less than 24 meters in length, tonnage certificates issued by national legislation will be mutually recognized. In particular, environmentally friendly separate ballast tanks (ABT) costs of port and pilotage fees for oil tankers;
(A) the volume of separate ballast tanks, the total gross tonnage of the ship, 747 (18) of the IMO removal in accordance with the decision, or
(B) the volume of separate ballast tanks, applying a discount rate to the extent of the total gross tonnage of the vessel will be subject to reduction by
4. resulting from a court decision forced sale situation, except any ships of the Parties, the Party in which they first registered to the Authorities of organized, if not present a document that they had deleted from the Ship Register, the other Party Ship Registry to be recorded. Article VIII Seafarers Identity Documents
1. Each Party, the competent authority of the other Party to accept organized by the seafarer identity documents for crew members who own citizens and to carry these documents, the rights defined in the IX and X of the substance, of the same substance will recognize depending contained conditions. Such documents:
- for the Republic of Turkey "Seamen's Books" or Turkish passport,
- Hellenic Republic to "Greek Seamen's Books" or a Greek passport.
2. The provisions of Articles IX and X, but not a national of either Party shall apply to persons who have the proper identification documents necessary to the provisions of relevant international conventions.
MADDEIX Rights and Obligations of the Port Accommodation
seafarers. VIII. Members of the crew of one ship of the party bearing the Identity Documents as defined in Article, the other Party's port, the competent port authorities by the captain of the ship name, said the condition to take part in the crew list submitted in accordance with the rules in force in the port without a visa can stay within the allowance for temporary ashore.
2. Crew members when they returned to their ship landed and they will be subject to the ordinary border and customs controls. Transit rights of seafarers
Article XI 1. VIII of this Agreement. the party bearing the seafarer identity documents as defined in Article by any means of transport, as passenger ride to the ship or switch to another ship, to transit to board the ship in another country, or to return to their home country, or in an emergency, or the transition will take place in the territory of any other cases where the parties agree, the other Party to enter the country, or to go to any other country that guaranteed the entry will be allowed to leave the country.
2. In each of the cases referred to in this Article, the crew should have the financial means to meet the other party to the necessary visa and travel costs. Such visas shall be issued by the competent authorities as soon as possible. 3
. VIII. A crew member bearing the identity documents specified in Article, for the purpose of service for health reasons in the territory of the other Party, or in case the competent authorities apply accepted for any reason, the ship INMIS of hospitalization, the authorities bet the person to remain in the country or to return to their country through any transportation it will give the necessary permission to go to the port to board the ship to the other. The rights of seafarers Exceptions
Article XI 1. The introduction of foreign Parties, national rules concerning the separation of residence and, without prejudice to the provisions of Article IX and X of this Agreement shall continue to be valid prejudice.
Each Party VIII. entry into any country with the unwanted person as defined in Article seafarer identity documents and / or reserves the right to prohibit the stay. 3
. Provisions of this Agreement IX and X. Article present at Party ship, crew members are not or are not registered in the crew list, but who deal with tasks related to the operation of the service or ship during the voyage and also apply to persons who registered in a special list.
Article XII of criminal Tracking crew members
1. in relation to any crime or misdemeanor being processed on board when a party ship found in the territory of the other Party, the relevant authorities of the Parties, except in the following cases, the Party whose flag the ship without the consent of the competent diplomatic or consular representatives, criminal prosecution will not start:
(a) Ships to demand the prosecution of the perpetrators of crimes or fault of the captain; or,
(b) the results of the crime or fault, to affect the country in the territory of the Party where the ship; or,
(c) the offense or fault, this is the party of peace, disturb the public order or security; or,
(d) it is necessary to stop the drug trafficking of making the criminal prosecution; or,
(E) of the crime or fault, to be committed against a person other than the mürttebat the ship.
2. Provisions of Article 1 of this article, I, the relevant authorities of the Parties shall not affect the rights of any audit or investigation in order to implement the laws and rules of conduct. 3
. Within the framework of their legislation, each Party, criminal, legal, using the police jurisdiction, the detention of the ship of the other Party shall take the necessary measures to avoid as much as possible. If the retention necessary, each side will try to limit the retention time or the other side of the results will be given a written guarantee to permit the separation of the vessel.
Litigation judgment of each of
Party and / or administrative authorities, unless requested by the competent diplomatic or consular officer of the country flying the flag of the ship, the legal proceedings to between crew members, or the employment contract of the crew members of a ship they will look into the cases concerned. Article XIV
Ship Found to Help Endangered 1. Of one ship of the Party, the other side of the waters in the stranding or sitting or accident, or when it is exposed to any other immediate danger:
(a) the ship, crew, passengers and load, always will be helped and the same national aboard made treatment will be provided.
(B) discharged or recovered cargo and ship materials as defined in this Article, provided it is delivered for use or consumption in the territory of the other Party shall be exempt from customs duties.
(C) In this way aground or ship casualties, recovered pieces of debris, and accessories, all materials, equipment, available supplies and goods in this by the ship or ships in distress in situations when they are thrown or those sold into the sea from them obtained income, also found in the ship aground or suffer accidents or ship all documents shall be delivered to the owner or his representative when requested.
2. This material provisions of any party, or the person authorized by that Party from the other Party, or the person authorized by the latter Party does not affect the right to demand the necessary compensation for aid to rescue or ship and cargo ship. Article XVI
Other International Obligations from the Agreement provisions of this Agreement, the Parties in connection with maritime issues without prejudice to the obligations under international treaties and agreements. Article XVI Settlement of Disputes
1. implementation of the provisions of this Agreement, any dispute that may arise from the interpretation or will be resolved through diplomatic channels.
2. In case of continuation of disagreements, upon request of either Party, organized a meeting to discuss the existing problems. date and place of such meetings will also be determined. 3
. After this Agreement enters into force the European Union legislation enacted if it changes the implementation of obligations and agreement to this Agreement, the two Parties, as soon as the review of the subject will be found in amacıyal bilateral consultations. Final Provisions Article XVII
1. Parties, the Agreement of the completion of the ratification process in their own country as soon as possible shall notify each other through diplomatic channels. This Agreement shall enter into force after notification of receipt of the last thirty days.
2. This Agreement shall enter into force from the date that will be valid for an indefinite period. 3
. Each Party, olacaktır.anlaş the termination of this Agreement by a written notification entitled to cancel the receipt of such notification from the other Party shall enter into force twelve months after.
In Athens, 4 February 2000, in duplicate, Turkish, Greek and English, are arranged. All texts are equally valid. English text shall prevail in case of disputes.
ON BEHALF OF THE REPUBLIC OF TURKEY ON BEHALF OF THE REPUBLIC OF GREECE
Ismail Cem, George A. PAPANDREOU
FOREIGN MINISTER OF FOREIGN AFFAIRS
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