According to the New Regulation, tourism-oriented sporting activities may be carried out by agencies, facilities, and marine tourism vessel operators that have obtained the necessary permits within the framework of the procedures and principles specified in the Regulation and hold an operating certificate from the Ministry. However, it has also become mandatory for agencies and facilities to engage in underwater and surface sporting activities for tourism purposes at sea to obtain a marine tourism vessel operator certificate in accordance with Tourism Promotion Law No. 2634 and the Marine Tourism Regulation, which entered into force upon publication in the Official Gazette dated 24/7/2009 and numbered 27298. Furthermore, priority rights for sporting activities to be conducted in the sea in front of a facility have been granted to the facilities. For underwater and surface sporting activities for tourism purposes to be carried out in the sea by real and legal persons, the requirement to obtain an agency certificate for other types of activities has been introduced for the marine tourism vessel operator certificate.
Previously, Governorates had been authorized for the determination of routes and permit procedures carried out by the Ministry of Culture and Tourism.
Sports tourism activities may be carried out within the areas to be determined and announced by the governorships every year. Businesses shall obtain permission from the governorship every year, separately for each type of sports activity for tourism purposes, in the manner specified in this Regulation.
According to the new regulation, the structure of the sports tourism boards to be established in provinces and districts has also changed. Accordingly, three separate boards will be formed based on the structure of the business applying for permission and the type of sports activity to be conducted.
In order to examine the requests of those wishing to engage in sports activities for tourism purposes, issue certificates of competence, carry out the necessary work for the implementation of the Regulation, and ensure inspection, separate boards within the Sports Tourism Boards, which will be established in regions to be determined by governorships, will evaluate the applications of agencies, facilities, and businesses that will conduct underwater and surface sports activities in the sea.
Wednesday, 23 February 2011 Official Gazette Issue: 27855
REGULATION
From the Ministry of Culture and Tourism:
REGULATION ON TOURISM-PURPOSE SPORTING ACTIVITIES
CHAPTER ONE
Objective, Scope, Basis, and Definitions
Objective
ARTICLE 1 - (1) The objective of the Regulation is to determine the qualifications required in tourism enterprises that will engage in sports activities for tourism purposes during the implementation of various sports disciplines as a tourism activity, to take measures to ensure the activity can be sustained in a safe manner, to supervise, and to develop the diversification of tourism.
Scope
ARTICLE 2 - (1) This Regulation covers the mandatory conditions to be complied with regarding the conduct of sports tourism activities.
(2) Activities organized by sports clubs operating in accordance with the relevant legislation between their own athletes or between athletes from other countries, and activities organized by the relevant federations between their own athletes or between athletes from other countries, are outside the scope of this Regulation.
Basis
ARTICLE 3 - (1) This Regulation has been prepared based on sub-clause (3) of paragraph (C) of Article 37 of the Tourism Encouragement Law No. 2634, dated 12/3/1982.
Definitions
ARTICLE 4 - (1) In this Regulation;
a) Agency: the travel agency established in accordance with the Travel Agencies and Travel Agencies Association Law No. 1618 dated 14/9/1972,
b) Ministry: the Ministry of Culture and Tourism,
c) Marine tourism vessel operator: the marine tourism vessel operator certified in accordance with the Tourism Promotion Law No. 2634 and the Marine Tourism Regulation published in the Official Gazette No. 27298 dated 24/7/2009 and entered into force,
ç) Marine tourism vessel operator certificate: the certificate to be issued by the governorship to enterprises that will conduct underwater and surface activities for tourism purposes at sea,
d) Provincial Directorate: the Provincial Directorate of Culture and Tourism,
e) Permit: the permit certificate to be issued by the governorship to the enterprise to engage in sports tourism activities,
f) Board: the Sports Tourism Boards listed in Article 11,
g) Route: the sports activity area to be determined by the governorship,
ğ)Facility: the enterprise certified by the Ministry in accordance with the Tourism Promotion Law No. 2634 and the Regulation on the Certification and Qualities of Tourism Facilities published in the Official Gazette No. 25852 dated 21/6/2005 and entered into force,
h) Underwater and surface sports activity for tourism purposes: the activity carried out at sea with marine tourism vessels equipped with the necessary equipment for excursion, sport, and entertainment purposes,
ı) Sports activity for tourism purposes: rafting, paragliding, hang gliding, underwater and surface sports (vessel-dependent or independent), equestrianism, mountaineering, auto and motocross, caving, and similar tourism activities subject to being performed for the tourist, performed with the tourist, or organized for tourists through the full or partial application of the rules of any single sports discipline or multiple sports disciplines, as well as other sports types and other sports activities for tourism purposes that will develop as tourism diversity,
i) Qualification Certificate: the certificate to be issued by the Sports Tourism Board (Annex-1),
shall be referred to as such.
SECOND PART
General and Special Conditions, Course, Formation of Sports Tourism Boards,
and Issuance of Permits and Qualification Certificates to Enterprises
General conditions
ARTICLE 5 - (1) Sports activities for tourism purposes may be carried out by agencies, facilities, and marine tourism vessel operators that have obtained the necessary permits within the framework of the procedures and principles specified in the Regulation and hold an operating certificate from the Ministry. However, agencies and facilities that will engage in underwater and surface sports activities for tourism purposes at sea are required to also obtain a marine tourism vessel operator certificate. Priority for sports activities to be conducted in the sea in front of a facility belongs to that facility.
(2) For underwater and surface sports activities for tourism purposes to be carried out at sea by real and legal persons, it is mandatory to obtain an agency certificate for other types of activities in addition to the marine tourism vessel operator certificate.
(3) The provisions of the first and second paragraphs shall not apply to activities organized by the organizations specified in the second paragraph of Article 2, activities to be carried out within facilities, surface sports activities that cruise ships will have their customers perform in the areas indicated by the Port Authority, and surface sports activities for tourism purposes that private and commercial yachts sailing in bays outside of ports will have their yachtists perform.
Sports rules
ARTICLE 6 - (1) In the application of the sport that is the subject of the sporting tourism activity, the sports rules determined by the national sports federations or organizations established for the practice of that sport, or by international organizations if no such federation or organization exists, shall be complied with.
Course
ARTICLE 7 - (1) Sports tourism activities shall be conducted within the areas determined and announced by the governorships every year.
(2) The arrangement of these areas shall be carried out by the governorship. If the arrangement covers the borders of more than one province, it shall be carried out through the coordination of the relevant governorships.
(3) The course shall be determined separately by the governorships for each type of sports tourism activity. Separate arrangements shall also be made for sports tourism activities that do not require a special course.
(4) In the determination and announcement of course areas, relevant legislation and the international conventions, agreements, and regulations to which our country is a party shall be complied with; furthermore, the opinions of the relevant public institutions and organizations shall be obtained.
Underwater and surface activity areas in the sea
ARTICLE 8 - (1) The Governorates shall make the following regulations for underwater and surface activities to be carried out in the sea for tourism purposes.
a) The establishment of a contact point on the beach where relations with customers are conducted, and where equipment and warning signs in at least three languages are located,
b) The determination of a safe sea area, separated from swimming areas by buoys that ensure the safe entry and exit of surface vehicles between the safe sea area where surface sports will be conducted and the station on its coast,
c) The creation of diving areas determined by the Board, consisting of artificial reefs with determined coordinates and boundaries, various vehicles such as sunken aircraft, helicopters, and ships, amphorae, underwater parks, and areas formed naturally by their own structure, within the announced areas open to diving.
Permission
ARTICLE 9 - (1) Businesses shall obtain permission from the governorship every year, separately for each type of tourism-oriented sporting activity, in the manner specified in this Regulation.
(2) For tourism-oriented surface and underwater sporting activities to be carried out at sea, the marine tourism vessel operation certificate obtained from the governorship, covering a maximum of one calendar year, shall serve in place of a permission certificate.
Special conditions
ARTICLE 10 - (1) The conditions regarding the implementation of the principles determined in this Regulation shall be determined separately by governorates for each type of tourism-oriented sporting activity, upon obtaining the appropriate opinion of the Ministry when necessary.
(2) Enterprises applying for a permit must possess the qualities specified in this Regulation as well as the conditions specified below, which shall be announced by the governorates.
a) Possession of the mandatory equipment and vehicles to be used,
b) Possession of the mandatory licenses for personnel according to the type of sporting activity to be performed,
c) If the type of sporting activity to be performed requires a transfer vehicle, a transfer vehicle possessing the necessary qualities,
ç) Accident insurance and financial liability insurance for the personnel and the tourist participating in the sporting activity,
d) First aid equipment,
e) Conditions regarding other matters deemed necessary.
(3) In sporting activities regarding tourism-oriented underwater diving to be carried out at sea, the provisions of the Regulation on Scuba Diving for Sporting Purposes in Turkish Territorial Waters, which entered into force by being published in the Official Gazette dated 3/3/1990 and numbered 20450, shall be complied with.
Formation of sports tourism boards
ARTICLE 11 - (1) To perform the duties determined by the Regulation, to examine the requests of those wishing to engage in sports activities for tourism purposes, to issue certificates of competence, to carry out the necessary work for the implementation of the Regulation, and to ensure supervision, a Sports Tourism Board shall be established in regions to be determined by governorships.
a) In applications from agencies, the Board shall consist of five people: four people, comprising the Governor in the province where it is located or the Deputy Governor assigned by them; the District Governor, the Provincial Director of Culture and Tourism or the Deputy Provincial Director of Culture and Tourism assigned by them, the Provincial Director of Youth and Sports or the person assigned by them, and a travel agency representative determined by the Association of Turkish Travel Agencies; and one expert person appropriate to the type of activity for which permanent inspections will be conducted.
b) In applications from facilities, the Board shall consist of five people: four people, comprising the Governor in the province where it is located or the Deputy Governor assigned by them; the District Governor, the Provincial Director of Culture and Tourism or the Deputy Provincial Director of Culture and Tourism assigned by them, the Provincial Director of Youth and Sports or the person assigned by them, and a sector representative determined by the organization to which the facility belongs; and one expert person appropriate to the type of activity for which permanent inspections will be conducted.
c) In applications from businesses that will engage in underwater and surface sports activities to be carried out at sea, the Board shall consist of seven people: six people, comprising the Governor in the province where it is located or the Deputy Governor assigned by them; the District Governor, the Provincial Director of Culture and Tourism or the Deputy Provincial Director of Culture and Tourism assigned by them, the Provincial Director of Youth and Sports, the Port Authority, the Coast Guard Commander or the person assigned by them, and the relevant professional representative of the Chamber of Shipping; and one expert person appropriate to the type of activity for which permanent inspections will be conducted.
(2) The correspondence and secretariat of the Board shall be carried out within the Provincial Directorate. In the province, the Governor or the Deputy Governor assigned by them; in the district, the District Governor shall serve as the Board Chairman, and the Provincial Director of Culture and Tourism or the Deputy Provincial Director of Culture and Tourism assigned by them shall serve as the second chairman. The Board meets upon the call of the Chairman. Decisions are taken by a majority vote. In the event of a tie, a majority is deemed to have been reached in the direction of the vote cast by the chairman. The Board may call upon an expert to obtain an opinion in cases it deems necessary.
Competency certificate
ARTICLE 12 - (1) A competency certificate is issued separately for each type of sports tourism activity and for each course. To obtain a Competency Certificate, applications shall be made with the documents specified below:
a) Application petition,
b) Travel agency operating license,
c) A declaration specifying the T.C. Identity Numbers of the personnel to be employed in sports activities for tourism purposes and their duties, which also includes the Social Security Institution workplace code,
ç) Qualifications obtained from the relevant sports federation regarding the personnel to be assigned to the sports activity,
d) Documents proving the compliance of the materials or vehicles to be used in the activity with the relevant legislation, along with the test documents related to them,
e) Accident insurance and financial liability insurance policies for the personnel and the tourist participating in the sports activity for tourism purposes,
f) Tourism enterprise license for sports activities to be carried out in front of the facility,
g) In the event that the operator of the sports activity to be carried out in front of the facility is different from the facility operator, the contract to be made between the facility operator and the travel agency or the marine tourism vessel operator.
(2) In applications regarding underwater and surface sports activities to be carried out at sea, the documents requested in subparagraphs (b) and (f) of the first paragraph of this article shall not be required.
(3) The Board examines the applications and issues competency certificates for suitable applications.
(4) The Provincial Directorate examines the permit requests submitted to it with a competency certificate and issues a sports tourism activity permit, specifying the duration and the relevant sports tourism activity type and course on it, covering a maximum of one calendar year.
(5) In the event that the originals of the documents requested within the scope of the first paragraph of this article are presented, after the photocopy of the document is checked for conformity with the presented document, it shall be certified by the relevant official by writing their name and title. A criminal complaint shall be filed with the Chief Public Prosecutor's Office to apply the relevant provisions of the Turkish Penal Code No. 5237 dated 26/9/2004 against those who provide or make declarations containing false information.
THIRD SECTION
Obligations, Prohibitions, and Cancellation of Documents
Obligations
ARTICLE 13 - (1) All changes regarding the matters specified in the competency certificate shall be notified in writing to the Board prior to the activity. A list of those participating in the sports tourism activity shall be maintained by the relevant businesses to be provided to the Board or the governorate upon request.
(2) Any accident occurring during the activity shall be immediately reported to the Board in the form of a report by the business conducting the activity.
Prohibitions
ARTICLE 14 - (1) Engaging in sporting activities for tourism purposes without permission, conducting sporting activities outside the type specified in the business license or permit or outside the announced course, and carrying out activities with equipment, vehicles, and personnel that are not within the scope of the competency certificate is prohibited.
(2) Those engaging in sporting activities for tourism purposes without permission shall be immediately banned from the activity by the highest local administrative authority of the location where they are situated, and action shall be taken in accordance with the provisions of Article 32 of the Misdemeanor Law No. 5326 dated 30/3/2005.
(3) It is prohibited to stay overnight anywhere other than accommodation sites within state forests, within 4 km of forests, or at village boundaries falling under the scope of Articles 31 and 32 of the Forest Law No. 6831 dated 31/8/1956; to light fires outside of permitted hearth locations or to leave the area without extinguishing fires lit in permitted locations; and to throw unextinguished cigarettes or substances that could cause a fire into forests. The relevant provisions of the Forest Law No. 6831 shall be applied to those who do not comply with the prohibitions.
(4) Underwater and surface sporting activities cannot be carried out in areas with heavy maritime traffic, in areas designated in accordance with the Law on Military Prohibited Zones and Security Zones No. 2565 dated 18/12/1981, or in historical and natural protected sites designated in accordance with the Law on the Protection of Cultural and Natural Assets No. 2863 dated 21/7/1983.
Cancellation of permit and certificate of competency
ARTICLE 15 - (1) For enterprises engaged in activities contrary to any of the matters specified in Article 14, the marine tourism vessel operation certificate or permit shall be cancelled by the governorship, and the certificate of competency shall be cancelled by the relevant Board.
Inspection
ARTICLE 16 - (1) The application of sports rules or other matters to which a sporting activity is subject shall be inspected by the institutions and organizations authorized in this regard.
(2) Sporting activities for tourism purposes shall be inspected by the Ministry, the governorship, and the relevant Board.
(3) In areas of sporting tourism activity, an official may be stationed by the governorships on behalf of the relevant Board when deemed necessary.
FOURTH SECTION
Other Provisions
Security rules
ARTICLE 17 - (1) Individuals wishing to benefit from sports tourism activity areas individually may engage in sports activities in accordance with the general security rules of the activity, provided they possess the necessary licenses, notwithstanding the provisions of this Regulation.
Legislation to be applied to sports activities
ARTICLE 18 - (1) In the implementation of this Regulation, the provisions of the legislation regarding the relevant sports branches are reserved.
FIFTH PART
Miscellaneous and Final Provisions
Repealed regulation
ARTICLE 19 - (1) The Regulation on Sports Activities for Tourism purposes, which entered into force upon publication in the Official Gazette dated 15/6/1997 and numbered 23020, is hereby repealed.
Entry into Force
ARTICLE 20 - (1) This Regulation shall enter into force on the date of its publication.
Execution
ARTICLE 21 - (1) The Minister of Culture and Tourism shall execute the provisions of this Regulation.
Annex-1
COMPETENCY CERTIFICATE FOR TOURISM-PURPOSE SPORTING ACTIVITIES
COMPETENCY CERTIFICATE
Business Name: ............................................................................
Business Address: ............................................................................
Branch Address/Contact Address : ............................................................................
Type of Sporting Activity to be Conducted by the Business:..........................................
Duration of the Sporting Activity to be Conducted by the Enterprise:..........................................
Track Area Where the Sporting Activity Will Take Place:..........................................
To Be Used in Sporting Activities
Mandatory Equipment and Tool List
.......................................................................
.......................................................................
.......................................................................
.......................................................................
A one-year Qualification Certificate has been issued to ...............................................Enterprise by the Sports Tourism Board on .................................. to engage in the sporting activity specified above.
......Province....../....District....../2nd Vice President of Sports Tourism Institution ....Province..../......District....../President of Sports Tourism Institution