News: Update on marine pollution fines in Turkey as of 1 January 2020

Written by

James Addison

The levels of pollution fines being applied by the EPA (Environmental Protection Agency) in Turkey against polluting vessels have again increased significantly, this year by more than 20%.

Members are advised that, further to the club’s news item of 17 January 2019 (which can be found in the link on the right) and a recent circular by the club’s correspondent, Omur Marine, the levels of pollution fines being applied by the EPA (Environmental Protection Agency) in Turkey against polluting vessels have again increased significantly, this year by more than 20%.

As of 1 January 2020, pollution fines are calculated as follows:

Pollution caused by petroleum products by tankers (such as crude oil, fuel products, bilge, sludge, slop, refined product, greasy waste materials etc)
Ships up to and including 1000 gt	606.67 TL per gt
Ships between 1000-5000 gt	151.67 TL per gt on top of the above amount
Ships over 5000 gt	15.16 TL per gt on top of the above amount

For pollution caused by tankers discharging dirty ballast
Ships up to and including 1000 gt	110.53 TL per gt
Ships between 1000-5000 gt	22.05 TL per gt on top of the above amount
Ships over 5000 gt	3.51 TL per gt on top of the above amounts

For pollution caused by ships and other naval vessels discharging petroleum derivatives (such as bilge, sludge, slop, fuel products, greasy waste materials etc) or dirty ballast
Ships up to and including 1000 gt	303.34 TL per gt
Ships between 1000-5000 gt	60.67 TL per gt on top of the above amount
Ships over 5000 gt	15.16 TL per gt on top of the above amounts

For pollution caused by tankers, ships and other naval vessels discharging solid waste or domestic wastewater
Ships up to and including 1000 gt	151.67 TL per gt
Ships between 1000-5000 gt	30.34 TL per gt on top of the above amount
Ships over 5000 gt	15.16 TL per gt on top of the above amounts

Members are also asked to note:

Corporate entities

The amounts quoted above will be tripled for ships owned by corporate entities.

Repeat offenders

Fines will be doubled in the event of a repeat offence within three years, and tripled for subsequent offences by the same vessel within three years.

Clean up by the member

If the member cleans up the pollution itself, fines of only 1/3 of the above sums will be imposed.

Payment and security

Fines imposed by Turkish authorities due to alleged pollution must be paid or security must be put up immediately for the full amount, otherwise the ship may be arrested.

If the fine is paid within 30 days, a 1/4 discount will be applicable to the final fine amount.

Please note that club LOUs are not always accepted. IG clubs also have experienced demands for open-ended and anticipatory LOUs for minor pollution incidents in Turkey. The requirement to negotiate any security and/or arrange for the LOU to be translated and/or notarised, can cause delay.

Criminal proceedings

Authorities that detect a pollution incident are under an obligation to report the incident to the Turkish public prosecutor immediately. Subsequently, the public prosecutor will commence a criminal investigation, which is usually followed by criminal proceedings brought against the master of the ship. These proceedings may proceed even if the fine is paid. This can also cause the vessel to be delayed/detained.

In the event of an actual or threatened pollution incident, members are advised to contact the club and/or our local P&I correspondents for immediate assistance.

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This article intends to provide general guidance on the issues arising. It is not intended to provide legal advice in relation to any specific query. If in doubt, Standard Club is always on hand to assist. Members requiring further information on this topic should direct their enquiries to either their usual contact at the club, or to the author(s).

类别: Pollution