About the Regulation on Freight Transport Organization Services

The Regulation on Freight Transport Organization Services (“Regulation”) was published in the Official Gazette dated 27.08.2022 and numbered 31936 and entered into force on the date of its publication.

The Regulation determines the principles and conditions of services to be provided by freight transport organizers operating in road, railway, maritime, air transportation and/or combined transportation sectors. Within this scope, it regulates the rights, responsibilities, and obligations of persons and entities engaged in such activities, as well as those of recipients and senders. The important provisions introduced under the Regulation are summarized below.

Obligation to Obtain a TIO Authorization Certificate

Pursuant to the Regulation, real persons and legal entities engaging in freight transport organization activities within the scope of the Regulation are required to obtain a TIO Authorization Certificate (“TIO Certificate”) issued by the Ministry of Transport and Infrastructure (“Ministry”).

Conditions for Issuance, Renewal and Application for the Authorization Certificate

Under the Regulation, the following conditions are required for obtaining or renewing the authorization certificate:

• Real persons must be Turkish citizens, and legal entities must be established under the laws of the Republic of Türkiye and registered with the trade registry;

• In terms of professional reputation:

  • For real persons, the owner and/or, if any, the persons authorized to represent and bind the company;

  • For joint stock companies, the chairman and members of the board of directors, general manager, and managers authorized to represent and bind the company;

  • For other types of companies, all shareholders and managers authorized to represent and bind the company;
    must possess professional reputation;

• The applicant must have a minimum capital of TRY 150,000.

Issuance, Renewal and Duration of Authorization Certificates

Upon application to the Ministry, the Ministry will complete its review regarding the application within a maximum period of 30 days.

Authorization certificates issued and renewed under the Regulation are valid for 5 years. However, authorization certificates issued for the first time may be issued with a validity period of 1 year on a one-time basis.

For renewal of the authorization certificate, certificate holders must apply to the Ministry in writing 90 days before the expiration date of the relevant certificate. Authorization certificates are renewed for a period of 5 years.

The renewal fee is determined as 15% of the authorization certificate fee applicable for that year.

If an application for renewal is submitted to the Ministry within 540 calendar days following the expiration date of the authorization certificate, the certificate will be renewed based on the date on which the renewal fee is paid. The renewal fee must be paid within this 540-day period and according to the applicable renewal fee valid on the payment date. If this period is exceeded, the relevant party will lose its right to renew the authorization certificate.

Training and Professional Qualification Requirements

The Regulation introduces professional qualification requirements. Accordingly, holders of authorization certificates must employ:

• At least one person holding an ÜDY3 professional qualification certificate;

• At least one person holding an ODY3 professional qualification certificate for the company’s trade registry branch and each branch added to the authorization certificate.

Cancellation of Authorization Certificate and Suspension of Activities

According to the Regulation, authorization certificates will be cancelled if:

• The real person or legal entity holding the authorization certificate ceases to exist;

• The holder wishes to discontinue its activities for any reason and requests cancellation of the authorization certificate issued in its name.

After the Ministry issues an authorization certificate, examinations are conducted regarding the information and documents submitted in each transaction.

If, as a result of such examination and investigation, it is determined that any declared information or submitted document has been falsified, or that an authorization certificate has been unfairly obtained, renewed, or amended through the submission of false documents, the authorization certificate will be terminated.

Administrative Fines

Administrative fines ranging between TRY 585 and TRY 5,850 will be imposed for violations of the Regulation.

Authorization Certificate Fees

The fee for a TIO Authorization Certificate has been determined as TRY 273,244, while the fee for a certificate valid for 1 year has been determined as TRY 70,000.

Discounts Applicable to the TIO Authorization Certificate Fee

If real persons or legal entities that had previously obtained and still hold valid authorization certificates such as C2, C3, G1, G2, G3, G3*, H1, H2, K1, K1(Ö), K1*, K3, K3*, L1, L2, M1, M2, N1, N2, P1 or P2 certificates under the Road Transport Regulation before the effective date of this Regulation apply for a TIO Authorization Certificate within the scope of this Regulation, the TIO Authorization Certificate fee will be determined according to the table provided under the Regulation, taking into account the date on which their previous authorization certificate was first issued.

Upon payment of this fee, a TIO Authorization Certificate will be issued in their name.

For real persons or legal entities that do not fall within this scope and apply for a TIO Authorization Certificate, a 40% discount will be applied to the authorization certificate fee.

It is also regulated that real persons or legal entities already holding a TIO Authorization Certificate before the effective date of the Regulation will have an additional 10 years added to the validity period of their existing certificates.

It should be emphasized that, pursuant to the Regulation, the above-mentioned discounts will only be applicable until 14 July 2023.

Conclusion

With the Regulation, the procedures required for obtaining a TIO Authorization Certificate and the professional qualification requirements have been reorganized. The capital requirements for obtaining the certificate have been improved, and discounts applicable to certificate fees until 14 July 2023 have been introduced.

Presented for your information and evaluation.