DEFİNİTİONS OF PORTS AND PORT OPERATORS AND THE SERVİCES THEY PROVİDE TO VESSELS

The Legal Status of Port Operating Entities

-The Concepts of Port and Port Operations

The concept of a port is defined by the Turkish Language Association (Türk Dil Kurumu - TDK) as “a natural or artificial shelter that enables ships to dock, load and unload cargo, and embark or disembark passengers.”[1]

However, over time, due to the expansion of port trade, changes in the nature and volume of cargo transported, and the consequent need for different types of vessels and diversified port operations, the TDK’s definition has become overly general and insufficient. As a result, legal scholars and academics have proposed various classifications and definitions of ports, taking into account their distinct characteristics and operational functions.

“Maritime transport is carried out in a water-based environment. The starting and ending points of such transport are defined by ports. Therefore, it is possible to describe a port as the point of origin and termination of maritime transportation.”[2]

“A port, which today constitutes a crucial component of international commercial transport by sea, is defined as a service area equipped with all necessary infrastructure and facilities that enable the safe transfer of goods and passengers between ships and other modes of transport, or the storage of cargo, while facilitating the execution of associated economic functions."[3]

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[1] “Liman Tanımı”, TDK.

[2] Necmettin Akten ve M. Ali Albayrak, Deniz Taşımacılığı Kılavuzu, 1988.

[3] Birsen Koldemir, Kombine Taşımacılıkta Ulaştırma Sistemlerimizin Durumu, Limanlarımızın Sorunları ve Çözüm Önerileri, 2003.

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-The Types of Port Operations

Ports may be classified in various ways based on their formation, areas of activity, or the types of cargo they handle. However, for the purposes of this study, the classification of ports according to their management structures will be the primary focus.

From the perspective of ownership and operational structure, ports can be categorized under several management models. Within this framework, the main types of ports include:

• ports operated directly by public authorities,

• ports in which operational rights are transferred to the private sector,

• ports fully owned and operated by private enterprises, and

• ports developed under the build-operate-transfer (BOT) model.

  
  

Ports Operated Directly by Public Authorities

These are ports whose ownership and operations are entirely under the control of the state. In such cases, port infrastructure, port management, and service provision are all carried out by public institutions.

Ports with Operational Rights Transferred to the Private Sector

These are ports where the ownership remains with the public authority, but the operation, service delivery, and commercial activities have been delegated to private sector entities. In this model, the port authority limits its responsibilities to the provision and maintenance of core infrastructure. Ports such as Rotterdam, New York, and Antwerp are commonly cited as examples of this model.[4]

Privately-Owned PortsThese are ports that are entirely constructed, operated, and managed by private enterprises. Both in Türkiye and globally, privately-owned ports are numerous and play a significant role in the maritime transport sector.

Ports Developed Under the Build-Operate-Transfer (BOT) Model

In this model, the private sector finances both the infrastructure and superstructure investments of the port, and in return, is granted the right to operate the port for a specified period. Upon the expiry of this term, the port is transferred to the state without compensation. In Türkiye, Çanakkale Kepez Port and Mersin Marina are examples of ports constructed and currently operated under the BOT model.

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[4] Dr. Jale Nur Ece, Limanların Özelleştirilmesi Makalesi, 2005.

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Services Provided by Port Operators

With the increasing prevalence of maritime trade, the range of services provided by port operators to third parties has expanded considerably. Broadly, these services can be divided into two main categories: services rendered to vessels and services rendered to cargo.

Services Rendered to Vessels

Examples of services provided to vessels include pilotage and towage for port entry and departure, guidance/navigation assistance, opening and closing of cargo holds, supply of provisions and fuel, wastewater collection, and delivery of technical materials and equipment.

Services Rendered to Cargo

Services directed at cargo may include loading and unloading operations, limbo operations, shifting, container lashing and unlashing, and storage services.

Although the specific services offered by a port may vary depending on whether the port is privately owned, operated under a public-private partnership, or managed by a public legal entity, the doctrine identifies a core set of essential services that should be provided by all ports. These are:

• Loading and unloading,

• Storage,

• Pilotage, and

• Towage

Accordingly, every port is obliged to provide these fundamental services as part of its operational duties.

-Loading and Unloading Services

The most fundamental and essential service that a port operator can provide to a vessel is the handling of cargo loading and unloading. In fact, the primary reason for a cargo ship’s arrival at port is to discharge or take on cargo.

According to the TCDD (Turkish State Railways) Port Services Tariff, loading and unloading services are defined as:

“The transfer of goods from quay, temporary storage areas, or land/sea transport vehicles to the ship or lash lighter; the loading of such goods; their stowage in the hold or on deck of the ship or lighter; or the reverse operations. For bulk solid and liquid cargo, services include the use of mechanical vehicles and facilities (pneumatic systems, conveyors, pipelines) owned by the Institution or, where permitted, the cargo owner.”[5]

In general terms, the unloading service refers to the transfer of cargo from the ship to the port, i.e., when the vessel is in possession of the goods. Conversely, the loading service refers to the transfer of cargo onto the ship, when the port operator or inland transporter is in possession of the goods.

-Storage and Warehousing Services

Another vital service provided by port operators is storage and warehousing. While loading and unloading services are rendered jointly to both cargo and carrier, storage services are rendered directly to the cargo itself.

The primary objective of storage services is to protect cargo from potential risks such as deterioration, loss, or damage. This helps prevent any potential losses that cargo owners might otherwise incur.

The TCDD Port Services Tariff defines storage and warehousing services as follows:

“The service of safeguarding goods taken into temporary storage areas under the responsibility of the port operator until such goods are collected by the owner or carrier, loaded onto a ship or other sea vessel, or otherwise removed through clearance procedures (excluding specially allocated areas).”[6]

Accordingly, a port operator must possess adequate storage facilities to offer such services effectively.

These storage areas should vary depending on the nature of the cargo and may include:

• Bonded and non-bonded zones,

• General warehouses,

• Special depots for hazardous cargo,

• Refrigerated or climate-controlled storage units, etc.

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[5] Congar, Liman ve Marina İşletmecilerinin Hukuki Sorumluluğu ve Sigortaları, 2024.

[6] TCDD Liman Hizmetleri Tarifesi. 2025.

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