Environmental compliance at shipyards and haul-out yards does not consist merely of holding an environmental permit certificate. Daily working methods, the chain of delivery of waste, monitoring of the marine environment and regular reporting are parts of the same liability system. Outsourcing the maintenance of a yacht to a subcontractor does not by itself remove the facility operator’s public-law obligations.
This article is based on the Regulation on the Environmental Management of Shipyards, Boat Building Facilities and Haul-Out Yards, published in Official Gazette (Resmî Gazete) No. 32036 of December 7, 2022, and on the 2026 amendments to Environment Law No. 2872. Its purpose is to explain which task the operator should follow, with which record and through which responsible person.
The scope of the Regulation must be determined first
The Regulation lays down special rules for shipyards, boat building facilities and haul-out yards located on the sea coast. Facilities in inland waters and facilities that fall outside the scope of Article 5 of the Environmental Permit and License Regulation are outside the scope of this special regulation. However, being outside its scope does not mean that the pollution ban or the waste management rules of the Environment Law will not apply.
The trade name of a facility is not decisive. In an area operating under the name “Marina” where painting, scraping, boat building and heavy maintenance are carried out, the actual activity and the scope of the permit should be examined. Conversely, it would not be correct to apply all the technical obligations laid down for shipyards to every marina that provides only mooring services. The activity inventory, the layout plan and the capacity information in the permit annex should be assessed together.
As regards environmental impact assessment (ÇED), the annexes updated by the amendment of March 5, 2026 must also be used. The current Annex-1 Article 10(ç) covers facilities that provide certain manufacturing, modification, maintenance, repair or haul-out services to yachts or boats of 24 meters and above; Annex-2 Article 28(h) covers facilities that serve craft longer than 5 meters and shorter than 24 meters. This classification is an examination separate from the scope conditions of the environmental operating regulation itself.
For details on this subject, see the yacht construction contract section.
Waste and pollution control before work begins
On acceptance for maintenance or repair, the boat’s waste status, its fuel and oil circuits, ballast tank operations and the chemicals to be used should be recorded. The preventive obligations in Articles 5 and 6 of the Regulation are not limited to cleaning up at the end of the job. In painting and surface preparation, the pollutant must be contained right at the point where it is generated.
Scraping dust, paint residue, wash water, oily rags, filters and waste oil should not be placed in the same waste group. Classification is carried out taking into account safety data sheets and analysis requirements. Differences in quantity between the temporary storage of waste and its delivery to a licensed facility should be explainable. A transport or disposal invoice alone does not show that all waste has been managed properly.
Technical conditions for open or enclosed work areas, ground impermeability, containment, collection and treatment measures are applied specifically to the activity. An operating instruction should be more concrete than the sentence “no waste will be discharged into the sea”: Which valve will be closed, in which area will scraping be carried out, who will stop a leak, and where will contaminated material be taken?
For details on this subject, see the cancellation of a construction permit section.
The obligation to provide a sediment reception facility
Under the Regulation, sediment is material that settles out of a vessel’s ballast water. It should not be treated as falling into the same legal category as every material dredged from a harbor bottom. Special obligations regarding sediment reception apply to facilities serving vessels larger than 400 GT. This threshold is not the boat’s length in meters.
A sediment reception facility may be established jointly or, if the conditions are met, operated by a third party. Where the metropolitan municipality provides the service, the contractual model envisaged in the Regulation is also considered. Procuring an outside service does not mean that the responsibilities of the delivery chain and of the facility operator come to an end. Project approval, the necessary operating and environmental permits, and the licensing process must be carried out together.
The sediment management plan is submitted to the Ministry every five years; the activity report is prepared and submitted in the first month of each year. Records of receipt from the vessel, temporary storage, transport and disposal should be suitable for tracking the same waste stream. In the contract, the operator should regulate not only the service fee but also capacity, acceptance conditions, access in an emergency and documentation.
Monitoring and reporting calendar
The marine monitoring report and the facility monitoring report are different documents. The former makes the effects on the marine environment visible, and the latter the facility’s activities and preventive practices. The basic schedule in Articles 14–17 of the Regulation is as follows; additional conditions set by the administration according to the specific sea area apply separately.
| Obligation | Basic period or time limit | Record to be kept |
|---|---|---|
| Seawater parameters | Seasonal | Sample and analysis file |
| Sediment and biota sampling | Once a year | Comparison at the same coordinates |
| Macrobenthos sampling | Every three years | Ecological monitoring results |
| Notification of sampling date | At least 10 days in advance | Notification to the provincial directorate (il müdürlüğü) |
| Marine monitoring report | One month from the study | Submission to the provincial directorate |
| Sediment activity report | Every year in January | Submission to the Ministry |
| Cleaner production progress report | By June 30 each year | Realization of the work schedule |
As a rule, sampling points are established at no fewer than five points within the facility’s area of influence and two points outside it. Because of the nature of the sea area, the Ministry has the authority to determine changes. Preserving information on the authorized laboratory, the method, meteorological conditions, coordinates and depth is important so that the report can be compared with those of later years.
The facility monitoring report is submitted to the Ministry within one year after the start of operations, at the renewal of the environmental permit and in the third year thereafter. Marine monitoring studies are likewise submitted for the Ministry’s evaluation at the permit renewal and in the third year thereafter. The special provision on keeping docking and related process records for ten years overrides a general approach of “keeping files for five years is sufficient.”
Changes to watch particularly in 2026
With Law No. 7579, the provisions of the Environment Law on the environmental management service, authorized persons and the consultancy structure were amended in May 2026. When selecting a service provider, one should not rely on information about an old title or an old authorization certificate. The current scope of authorization, the person signing the report and the operator’s obligation should be checked together. It is useful to include in the service contract provisions on notification and file handover in case the authorization is suspended or lost.
The five-year compliance period envisaged in the 2022 Regulation for making certain floating craft inside facilities electric, calculated from the date of publication, reaches December 7, 2027. As of October 13, 2026, it cannot be said that this period has already expired. On the other hand, earlier one-year transition periods envisaged for existing facilities do not start anew each year. The operator should separately track the period that will expire in the future and the duty that should have been completed in the past.
Circular No. 2026/12 on Maritime Waste Practice, dated September 9, 2026, should also be added to waste delivery and recording processes. Depending on the type of boat the facility accepts, the current DAU and Blue Card (Mavi Kart) obligations are tracked separately from sediment reporting.
Allocation of responsibility between the subcontractor and the operator
Outsourcing painting, scraping, waste collection or maintenance work does not bind the administration to the allocation of responsibility between the parties. The operator may be the addressee in terms of its statutory obligation; the subcontractor’s act and fault are examined separately. A recourse clause in the contract does not take the place of a permit aimed at preventing a public sanction.
In a workable contract, handover of the work area, the equipment to be used, ownership of waste, unaccepted wastes, accident notification, access to records and audit authority should be clear. When examining the subcontractor’s insurance, the exclusions for environmental damage, gradual pollution and cleanup costs should be checked. The sentence “all fines are the subcontractor’s” does not by itself provide effective risk management.
For details on this subject, see the land, zoning and construction for a tourism facility section.
For details on this subject, see the yacht construction and refit contracts and maintenance and repair processes section.
Sanctions and judicial recourse
Under Article 20 of the Environment Law an administrative fine, under Article 15 suspension of the activity, and under Article 28 liability for remediation or compensation are different legal consequences. The amount of the fine is determined according to the type of violation and the tariff of the relevant year. The historical base amount in the text of the Law cannot be used directly as a 2026 fine.
Against an administrative sanction decision under Article 25 of Law No. 2872, an action may be filed before the administrative court (idare mahkemesi) within 30 days of notification. The action does not by itself stop collection; a stay of execution is assessed separately. The record, photographs, analysis, authorization certificate and the facility’s defense should be examined together; one should not be content with a procedural objection alone.
The Constitutional Court’s (Anayasa Mahkemesi) decision in Düzgit Yalova Gemi İnşa Sanayi A.Ş., Application No. 2013/8756, April 15, 2015, found a violation because, in proceedings on a zoning sanction concerning a shipyard, the substantive claims were not answered with adequate reasoning. The decision is not the annulment of a marine pollution fine. The procedural principle that can be drawn from it is that the court’s assessment of technical and legal objections should be reviewable; it does not guarantee success in a specific case.
For details on this subject, see the yacht law in Türkiye, flag, taxes and import transactions section.
Conclusion
For an environmentally compliant operation, the permit file and the practice on site must be the same. Collecting activity, waste, sampling, reporting and subcontractor records in a single responsibility calendar is necessary both for preventing pollution and for being able to explain matters during an inspection. A general instruction prepared after a violation does not take the place of the records as of the date of the incident.
Frequently Asked Questions
Does every marina fall within the scope of this Regulation?
No. The actual activity, the nature of the facility and the scope provisions of the Regulation should be examined. General environmental obligations, on the other hand, apply separately.
Is a sediment facility mandatory at every small boat maintenance yard?
The special threshold concerning service to vessels larger than 400 GT and the operating conditions are assessed. Boat length and GT should not be confused.
Does having the analysis done by a subcontractor end the reporting responsibility?
No. An authorized organization must be used; the operator should follow the submission calendar and the integrity of the file.
Does filing an action against the fine lift the suspension of operations?
Not by itself. The nature of each sanction and the conditions for a stay of execution are examined separately.
Has the five-year period for electric floating craft expired in 2026?
The five-year period starting from the date of publication reaches December 7, 2027. Whether the specific craft falls within the relevant provision should be determined separately.
Does a change of facility owner make the old records unnecessary?
No. On a transfer, permits, reports, past non-compliances and ongoing remediation obligations should be examined separately.
Sources and legal bases
- Regulation on the Environmental Management of Shipyards, Boat Building Facilities and Haul-Out Yards. December 7, 2022 / 32036; scope, sediment, monitoring, reporting and transition periods. Link
- Environment Law No. 2872. Articles 10, 20(ı), 24–25 and related obligations; including the amendments made by Laws No. 7554 and 7579. Link
- Environmental Impact Assessment Regulation — current text. July 29, 2022 / 31907; amendment of March 5, 2026 / 33187; Articles 17, 20, 21, 24 and temporary provisions. Link
- Environmental Impact Assessment Regulation — current Annex-1 and Annex-2. Amendments of March 5, 2026; Annex-1 Article 10 and Annex-2 Article 28. Link
- İMEAK Chamber of Shipping (DTO) — Circular No. 2026/12 on Maritime Waste Practice. Circular of September 9, 2026; 80% occupancy, 20/15 days; Circular Letter No. 709 of September 10, 2026. Link
- Administrative Procedure Law No. 2577. Articles 20/A and 27; expedited proceedings and stay of execution. Link
- Constitutional Court, Düzgit Yalova Gemi İnşa Sanayi A.Ş., Application No. 2013/8756, April 15, 2015. Zoning sanction and the right to a reasoned decision; it is not a marine pollution fine. Link