Web Alert: Revised Pollution fines in Turkey

As of 1 January 2016 the new Turkish pollution fine rates will be applicable until 31 December 2016.

As our members will be aware, every year, the Turkish Authorities issue their annual notification for the level of fines relating to any pollution that occurs in Turkish waters and this includes pollution from dirty ballast, garbage, sewage as well petroleum products etc.

Below are the revised fines for the various pollutants and different vessel sizes (to be found at article 20 of the Turkish Environmental Code 1983, law no. 2872).

Pollution caused by petroleum products by tankers:

• Vessels up to and including 1000 gross tons - TRY 81.78 per gross ton;
• Vessels between 1000 / 5000 gross tons -TRY 20.40 per gross ton - on top of the above amount;
• Vessels above  5000 gross tones – TRY 1.96 per gross ton - on top of the above amount.

Pollution caused by dirty ballast by tankers:

• Vessels up to and including 1000 gross tons - TRY 61.32 per gross ton;
• Vessels between 1000 / 5000 gross tons -TRY 12.23 per gross ton - on top of the above amount;
• Vessels above  5000 gross tones – TRY 1.96 per gross ton - on top of the above amount.

Pollution caused by petroleum products as well as dirty ballast water discharged into the sea by all ships:

• Vessels up to and including 1000 gross tons - TRY 40.87 per gross ton;
• Vessels between 1000 / 5000 gross tons -TRY 8.14 per gross ton - on top of the above amount;
• Vessels above  5000 gross tones – TRY 1.96 per gross ton - on top of the above amount.

Pollution caused by discharging of garbage and sewage into the sea by all ships:

• Vessels up to and including 1000 gross tons - TRY 20.40 per gross ton;
• Vessels between 1000 / 5000 gross tons -TRY 4.03 per gross ton - on top of the above amount;
• Vessels above  5000 gross tones – TRY 0.77 per gross ton - on top of the above amount.

It is worth noting that repeat offenders will be fined much heavier than the above amounts and could potentially face detention.

In the event of a pollution incident or even an alleged pollution incident in Turkish waters, members are best advised to immediately contact our local P&I correspondents for assistance. It is important to note that Turkish authorities do not need to substantiate their allegations and it is up to the vessel to prove its innocence, making pollution fines in Turkey very difficult to challenge.

However, should a fine be imposed, Shipowners have the right to appeal to the Administrative Court within 30 days of a fine being notified. Chances of successfully appealing are however rather low.

Due to such difficulties, members are advised to consider the below recommendations when anchored in or transiting Turkish waters:

• Avoid any ballasting or de ballasting operations;
• Avoid washing the deck or any outside structures or machinery;
• Avoid hose testing hatch covers;
• Avoid discharging of any sewage water from laundry rooms or bathrooms or disposal of garbage, cleaning agents etc.

Should members require any additional information they are encouraged to contact any of our Loss Prevention experts.