With effect from 1st January 2021, Turkey has increased pollution fines under Turkish Environmental Law, according to data provided by North of England P&I Club.
As of 1 January 2021, fines are as follows:
-Pollution caused by tankers discharging petroleum and petroleum derivatives (such as crude oil, fuel products, bilge, sludge, slop, refined product, greasy waste materials etc.):
- Up to 1,000 (inclusive) GT: 661.94 TL per unit GT
- Between 1,000 and 5,000 (inclusive) GT: Additional 165.49 TL per unit GT
- Over 5,000 GT: Additional 16.54 TL per unit GT
-Dirty ballast discharged to sea by tankers:
- Up to 1,000 (inclusive) GT: 120.60 TL per unit GT
- Between 1,000 and 5,000 (inclusive) GT: Additional 24.06 TL per unit GT
- Over 5,000 GT: Additional 3.82 TL per unit GT
-Petrol/petroleum products (such as bilge, sludge, slop, fuel products, greasy waste materials etc.) and dirty ballast discharged to sea by vessels or any other sea vehicles:
- Up to 1,000 (inclusive) GT: 330.97 TL per unit GT
- Between 1,000 and 5,000 (inclusive) GT: Additional 66.20 TL per unit GT
- Over 5,000 GT: Additional 16.54 TL per unit GT
-Garbage and sewage discharged to sea by vessels and any other sea vehicles:
- Up to 1,000 (inclusive) GT: 165.49 TL per unit GT
- Between 1,000 and 5,000 (inclusive) GT: Additional 33.10 TL per unit GT
- Over 5,000 GT: Additional 16.54 TL per unit GT
Recommendations
Citing information by correspondents Omur Marine and Vitsan AS, the North Club advises:
- If the vessel belongs to a corporate entity; shipping company/organisation the fine calculation will be three times the stated amount.
- If the vessel has more than one pollution incident within three years, the fines will be doubled for the recurrence of the action and will be tripled on subsequent recurrences that are caused by the same offender within three years.
- After pollution has occurred, the total fine will drop by a third, provided the vessel causing the pollution took appropriate action during the pollution removal process. However, there is concern on the lack of uniformity in the authorities’ interpretation of this provision.
- If the fine is paid immediately (before the vessel’s sailing / within 30 days) a 25% reduction will be applied.
Shipowners are entitled to appeal the fine by applying to the Administrative Court within 30 days from the notice date of the fine. Paying the fine is not an admission of liability and the option to appeal remains open to the shipowner.
See also: How to prevent pollution fines in Turkey
