Esenyel & Partners has provided an update on the latest regulations concerning pollution fines in Turkey, which are set to take effect on 1st January 2025.
According to the firm, an objection to the fine may be raised before the respective courts within 30 days from the date of service of the fine. The updated fine rates were published on 27 November 2024 in the Official Gazette and have increased by 43.93%. Pollution fines are categorized into four groups: A, B, C, and D.
- Category A: Pollution from tankers discharging petroleum products and derivatives (e.g., raw petroleum, fuel oil, bilge, oil mud, refined product oil waste, etc.).
- Category B: Pollution from dirty ballast discharged to sea by tankers
- Category C: Pollution from ships and other sea vehicles that release petroleum/petroleum derivatives (bilge, oil mud, freight mud, fuel oil, oil waste or dirty ballast, etc)
- Category D: Pollution from garbage and sewage discharged to sea by ships, tankers or other sea vessels
In cases where dangerous substances or hazardous wastes are discharged into the sea, the fine will amount to 10 (ten) times the calculated fine for petroleum and petroleum products as a basis.
Per the amendment released in 2022, pollution fines will be doubled if the pollution occurs within the limits of specially protected areas, including the Marmara Sea and several ports.
If a decision is made to settle the fine, a 25% discount will apply if payment is made within 30 days from the date of service of the fine.
Recommendations
- Avoid de-ballasting operations unless the ballast water has been tested and confirmed as clean.
- Ensure all overboard discharge valves are closed and secured/sealed in the closed position.
- Plug all deck scuppers and close any gaps in the fish plate surrounding the deck.
- Refrain from performing hose tests of hatch covers, hydrostatic tests of deck pipes/hoses, or similar equipment tests.
- Avoid washing decks and the superstructure.
- Transfer treated water from sewage systems and grey water to a holding tank for disposal only after the vessel is outside Turkish waters.
- Do not dispose of cargo residues, cargo space cleaning residues, garbage, or other substances in Turkish waters.
- Refrain from scraping, chipping, or painting the vessel’s hull while alongside the pier or at anchor.
- Exercise caution while the vessel is in a shipyard or dry dock, as pollution fines may still be imposed on the vessel even if caused by shipyard negligence, employees, or agents. Crew members should document and immediately protest in writing to the shipyard in cases of suspected pollution.
