NEWSLETTER-2020-metin

446 NEWSLETTER 2020 Penal Provisions Pursuant to Article 10 of the Communiqué, unlawful practices, as well as complaints regarding the service tariffs, shall be evaluated and concluded by the Administration. Accordingly, failure to determine the service tariffs in accordance with the Communiqué and to comply with the other provisions, failure to submit the service tariffs within one week upon the Administra- tion’s request, non-publication of the service tariffs, non-inclusion of a fee set for a service or sub-service under the service tariffs, charging business owners for services other than those included in the approved list of service items, and non-compliance with the service tariffs set and/or approved by the Administration shall result in administrative fines in amounts varying from TRY 5,000 to TRY 50,000 for each non-compliance. In addition, non-compliance with the limits set by the Administration in determining or changing the tariffs shall lead to a fine ten times the amount of the invoice issued in return for the relevant services. In the event of repetition of the acts described above within the same calendar year, twice the amount of the first fine shall apply. Conclusion The Communiqué regulates the procedures and principles regard- ing the service items to be provided by coastal facilities, as well as the determination of relevant tariffs. Coastal facilities are now required to prepare a list of service items and submit the same for the approval of the Administration in accordance with the procedures set under the Communiqué. Facilities are bound by such list while providing their services to business owners, and cannot charge business owners for services other than those included in the approved list of service items, unless otherwise regulated under the Communiqué. On the other hand, provided that the upper and lower limits set by the Administration are respected, determination and change of the tariffs applicable to the ap- proved service items do not require approval from the Administration. Failure to comply with the provisions of the Communiqué may lead to certain administrative fines, varying depending on the severity of the subject violation.