WORKPLACE OPENING AND OPERATION LICENSES OF WORKPLACES IN AIRPORTS

Workplaces in Turkey are required to obtain a workplace opening and operation license from the relevant municipality in order to commence their operations. Under certain circumstances, such licenses are issued by other authorities instead of municipalities, such as the Ministry of Health for pharmacies and the relevant organized industrial zone administration for workplaces located in an organized industrial zone. Similarly, workplaces operating in airports are obliged to obtain workplace opening and registration license from the General Directorate of Civil Aviation, an organization under the Ministry of Transport and Infrastructure. This Legal Note will summarize the rules and principles for the issuance of workplace opening and registration licenses for workplaces in airports and responsibilities and duties of airport and terminal operators.

I. WORKPLACE OPENING AND OPERATION LICENSES OF WORKPLACES IN AIRPORTS

The General Directorate of Civil Aviation (the “General Directorate”) recently issued the Regulation on Workplace Opening and Operation Licenses of Terminals and Sanitary Workplaces in Civil Airports (SY-33B) (the “Sanitary Workplaces Regulation”) (published in the Official Gazette dated March 3, 2018 and numbered 30349). The Sanitary Workplaces Regulation replaces the previous regulation, which was published in the Official Gazette dated September 10, 2008 and numbered 26993. For non-sanitary workplaces operating in civil airports, the Regulation on Workplace Opening and Operation Licenses of Non-Sanitary Workplaces in Civil Airports (SHY-33A) (the “Non-Sanitary Workplaces Regulation”) (published in the Official Gazette dated April 5, 2008 and numbered 26838) is still in force. Licensing and audit of workplaces and terminals in civil airports are being carried out by the General Directorate in accordance with provisions of both regulations. It should be noted that the licensing of airport operators is subject to a different regulation titled Airport Certification and Operation Regulation (SHY-14A) (published in the Official Gazette dated October 27, 2016 and numbered 29870).

II. LEGAL BACKGROUND

Civil Aviation Law (Law No.: 2920) (published in the Official Gazette dated October 19, 1983 and numbered 18196) (the “Civil Aviation Law”);

Regulation on Workplace Opening and Operation Licenses of Terminals and Sanitary Workplaces in Civil Airports (SHY-33B) (published in the Official Gazette dated March 3, 2018 and numbered 30349); and

Regulation on Workplace Opening and Operation Licenses of Non-Sanitary Workplaces in Civil Airports (SHY-33A) (published in the Official Gazette dated April 5, 2008 and numbered 26838).

III. DISTINCTION BETWEEN SANITARY AND NON-SANITARY WORKPLACES

1. Sanitary workplaces have been listed as follows under Annex-1 of the Sanitary Workplaces Regulation:

• Hotels;
• Duty free shops;
• Health units;
• Car parks;
• Temporary storage areas (subject to customs);
• Warehouses;
• Duty free sales warehouses;
• Inflight sales;
• Aircraft hangers;
• Air cargo, freight, agency and representative office;
• Fast cargo-courier transportation;
• Postal operator and courier;
• Flight-aviation education center; and
• Other sanitary workplaces/services: ticket sales services, travel agency services, banking services (bank branch and foreign exchange offices), personal services for passengers (hair dresser saloons, beauty saloons, SPA services, shower services, gyms, bed and resting services, dry cleaners, luggage carrying services, photography services, luggage/belonging vestry services, shoeshine services, accessories sale services, jewelry services, kiosk services, etc., customs consultancy services, pharmacy services, places for dining, resting, entertainment, gaming, etc. purposes (cafeterias, restaurants, dining halls, patisseries, snack bars, groceries, magazine stores, stationaries, flower stores, CIP lounges, cinemas, theatres, internet cafés, dancing halls, etc.), communication services (telecom), land transport services (taxi, car rental, interterminal transportation services, etc.), and other similar services.

2. Pursuant to definitions section of the Non-Sanitary Workplaces Regulation, non-sanitary workplaces have been defined as workplaces which give or could give harm to its environment biologically, chemically, physically, emotionally and socially or causes contamination of natural resources close to it. Non-sanitary workplaces have been listed as follows under Annex-1 of the Non-Sanitary Workplaces Regulation:

• Aviation maintenance, repair and/or modification centers;
• Technical maintenance and/or repair units;
• Rubber coating, repair, maintenance and dyeing facilities and similar facilities;
• Natural gas, petrochemical and/or chemical product storage facilities;
• Petroleum, natural gas and chemical pipelines (for pipelines longer than 10 kms and smaller than 600 mm scale);
• Fuel oil sale, filling and storage facilities for aircrafts;
• All types of fuel oil and/or LPG stations for land vehicles;
• Manufacturing facilities for all kinds of foods and beverages including catering companies;
• Packaging facilities for convenience foods;
• Solid waste intermediary transfer stations and solid waste pumping stations;
• Companies active in all types of junk stores, solid waste storage facilities and companies operating in manufacturing of raw and finished products from industrial solid wastes;
• Maintenance, service and/or washing stations for land vehicles;
• Cogeneration units established within airports; and
• Facilities owned by establishments designing or manufacturing aircrafts and/or their structure.

IV. WORKPLACE OPENING AND OPERATION LICENSES FOR SANITARY WORKPLACES AND TERMINAL OPERATION LICENSES

1. Conditions for Obtaining Workplace Opening and Operation License and Terminal Operation License

Third persons financial liability insurance shall be issued by sanitary workplaces, unless the insurance of the workplace is not covered within the scope of the terminal. In addition, pursuant to Article 11 of the Sanitary Workplaces Regulation, sanitary workplaces shall meet the following conditions in order to obtain workplace opening and operation license:

• Fire protection report has been obtained and necessary precautions against fire have been taken in resting and entertainment places, workplaces where more than thirty personnel is employed and workplaces located outside the terminal building and for workplaces which do not require fire protection report or where necessary precautions have been taken for protection of personnel and employees,
• Necessary precautions and approvals have been taken for collection, transportation, storage, processing and disposal of wastes in workplaces where medical wastes are produced,
• The personnel working at the workplace shall have taken lessons for security, first aid and fire, and
• Other numerus clausus conditions listed under Article 11 of the Sanitary Workplaces Regulation.

Other than the numerus clausus conditions listed under Article 11 of the Sanitary Workplaces Regulation, sanitary workplaces shall also meet other sector specific conditions listed under Articles 12 to 15. It should be noted that obtaining a workplace opening and operation license pursuant to provisions of Sanitary Workplaces Regulation shall not relieve sanitary workplaces from obtaining other licenses and permits which are required to be obtained pursuant to other legislation.

In addition to the above, the workplaces where temporary storage and warehousing services are provided and which are located in the air section of the airport or which have an entrance to the air section shall fulfill the following conditions:

• The majority of the managing and representative body of the company shall be Turkish citizens;
• The majority of the voting shares shall be held by Turkish shareholders; and
• At least 51% of the shares of the company shall be in the form of registered shares.

Pursuant to Article 17 of the Sanitary Workplaces Regulation, the terminal operators are obliged to fulfil the following:

• All national and international regulations in relation to physical conditions of terminals in terms of passengers’ convenience shall be met;
• Necessary infrastructure for carrying out the facilitations of International Civil Aviation Organization (ICAO) Annex-9 and European Civil Aviation (ECAC) Doc. 30 shall be created and all required precautions shall be taken for passengers with reduced mobility, unaccepted and disobedient passengers;
• Protocols shall be executed with authorized companies for annual periodical maintenance controls of elevators in accordance with the relevant legislation; and
• All required precautions shall be taken for operation of workplaces located in the terminal in accordance with the Sanitary Workplaces Regulation.

2.  Procedure for Obtaining Workplace Opening and Operation License

Sanitary workplaces shall apply to the terminal operator (and if the workplace is outside the terminal, then to the airport operator) by filling out and submitting the application form attached as Annex 2 to the Sanitary Workplaces Regulation for the workplace opening and operation license. Terminal operators on the other hand, shall apply to the General Directorate directly by filling out the application form attached as Annex 3 to the Sanitary Workplaces Regulation for terminal operation license.

Upon review and approval of the application form of the sanitary workplace by the terminal operator / airport operator; these shall be sent to the General Directorate by the terminal operator / airport operator within fifteen days together with the applicants’ file consisting of plans of the airport and corporate documents pertaining to the applicant. The General Directorate shall inform the terminal operator / airport operator of the result of the application within thirty days after the on-site evaluation to be carried out by the General Directorate.

Fees for terminal operation license and workplace opening and operation license shall be determined under service tariffs to be published by the General Directorate. As per the service tariff published by the General Directorate for the year 2018, the fees for terminal operation license and their renewal fees are as follows (except for airport operators):

Terminal operation licenses are valid for one-year periods and needs to be renewed each year. Workplace opening and operation licenses on the other hand are valid until cancellation and do not require renewal. An amendment to the workplace opening and operation license is required in cases such as where the address, fields of activity, operator or name of the workplace is changed.

3. Responsible Managers

Health units in workplaces shall appoint a responsible manager, whose profession is a physician and having a professional competency. The responsible manager shall be personally liable for administrative works and conjointly with other physicians in the health unit for sanitary affairs.

4. Auditing of Workplaces and Terminal Operators

Sanitary workplaces granted workplace opening and operation license and terminals granted terminal operation license shall be audited by the General Directorate. In case any incompliance with the Sanitary Workplaces Regulation and national and/or international requirements is detected, the General Directorate shall grant sixty days period at most for correction of such incompliances. Administrative and penal sanctions stipulated under the Civil Aviation Law[4], the Sanitary Workplaces Regulation and other legislation shall be imposed if it is detected that such incompliances have not been corrected within the period granted by the General Directorate.

Sanitary workplaces in the airport shall be also subject to the audit by airport operators at least once a year for compliance with provisions of Sanitary Workplaces Regulation. In case any incompliance with the Sanitary Workplaces Regulation and national and/or international requirements is detected, the airport operator shall inform the General Directorate about such incompliance. The activities of such workplace shall be suspended upon inspection to be carried out by the General Directorate and the workplace opening and operation license of the workplace shall be cancelled in case the incompliance is not corrected within ninety days.

V. WORKPLACE OPENING AND OPERATION LICENSES FOR NON-SANITARY WORKPLACES

1. Conditions for Obtaining Workplace Opening and Operation License and Terminal Operation License

Third persons financial liability insurance shall be issued by the non-sanitary workplace, unless the insurance of the workplace is not covered within the scope of the terminal. In addition, pursuant to Article 15 of the Non-Sanitary Workplaces Regulation, non-sanitary workplaces where maintenance & repair and designing & manufacturing of aircrafts and/or aerostructure works are carried out shall meet certain standards in relation to fire protection, noise, lightning system, etc. Obtaining workplace opening and operation license shall not relieve such workplaces from obtaining other licenses and permits that are required pursuant to other legislation, such as environmental impact assessment, environmental permit or environmental permit and license.

2. Procedure for Obtaining Workplace Opening and Operation License

Non-sanitary workplaces shall apply to the airport operator by filling out and submitting the application form attached as Annex 2 to the Non-Sanitary Workplaces Regulation for the workplace opening and operation license.

Upon review and approval of the application form of the non-sanitary workplace by the airport operator; it shall be sent to the General Directorate by the airport operator within fifteen days together with the applicants’ file consisting of plans of the airport. The application shall be reviewed by the General Directorate within thirty days.

Fees for workplace opening and operation license shall be determined under service tariffs to be published by the General Directorate. Workplace opening and operation licenses are valid until cancellation and do not require renewal.

3. Responsible Managers

A responsible manager shall be appointed by the companies carrying out maintenance & repair activities at their workplaces. Such managers shall have the qualifications stipulated under Certified Maintenance Companies Regulation (SHY 145-01) (published in the Official Gazette dated July 17, 2007 and numbered 26585).

4. Notifications to Be Made by Airport Operators

Airport operators shall inform and send a copy of the related Social Security Directorate, Tax Office and if relevant, the Trade Registry Office the workplace opening and operation license issued by the General Directorate. Airport operators shall also inform the General Directorate of such notifications made to said public authorities until the end of the following month.

5. Lease Agreements Executed by and Between the Airport Operators & Workplaces

In case the non-sanitary workplaces which own a workplace opening and operation license fail to meet the conditions stipulated under the Non-Sanitary Workplaces Regulation, the agreements they have executed with airport operators shall not be renewed and the General Directorate shall be informed by airport operators. In addition, the workplace opening and operation license of the non-sanitary workplaces shall be cancelled in case the lease agreements executed by and between workplaces and airport operators expire.

6. Auditing of Workplaces

Non-sanitary workplaces granted workplace opening and operation license shall be audited by the General Directorate and the airport operator. In case any incompliance with the legislation is detected, the General Directorate and/or the airport operator shall grant sixty days period at most for correction of such incompliances. Administrative and penal sanctions stipulated under the Civil Aviation Law and other relevant legislation shall be imposed if it is detected that such incompliances have not been corrected within the period granted. The activities of the workplace shall be suspended until the inconsistencies are corrected in accordance with the legislation, in case the activities are harmful to community and environmental healthcare.

Workplaces in the airport shall be also subject to the audit in terms of ICAO and ECAC rules as well as the Civil Aviation Law. The airport operators shall be responsible for monitoring of workplaces’ compliance with such rules. In case incompliances with such rules have been detected, the workplace shall be granted with a period of sixty days at most for correction of such incompliances. Failure to correct such incompliance may cause the workplace opening and operation license be cancelled and sanctions mentioned under the Non-Sanitary Workplaces Regulation and other related legislation be imposed.

[1] Required for terminals having annual passenger capacity of 3,000,000 and more.

[2] Required for terminals having annual passenger capacity less than 2,999,999.

[3] Required for terminals operating for special purposes.

[4] The administrative and penal sanctions stipulated under the Civil Aviation Law vary depending on the incompliance or breach. Accordingly, administrative fines vary between TL 1,046 to TL 21,036 and sanctions vary between 2 months of imprisonment to 3 months of imprisonment.

The information provided in this article is general and may not apply in a specific situation. Legal advice should always be sought before taking any legal action based on the information provided. The information is not intended create, nor does receipt of it constitute, an attorney-client relationship.

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