Pollution Fines in Turkey - 2018 *Update*

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18 January 2019

The Turkish Government have increased pollution fines under Article 20 of the Turkish Environmental Law.

Fines will be issued in accordance with the below criteria:

(1) Type of the vessel, gross tonnage, nature of pollution (its content, substances etc.)

(2) Whether the vessel has been involved in a similar pollution act in the past

(3) Whether the fines are against persons or legal entities

The fines can be summarised as follows:

  • Pollution caused by tankers discharging petroleum and petroleum derivatives:
    • Up to 1000 (inclusive) GT: 494.92 TL per unit GT
    • Between 1000 and 5000 (inclusive) GT: Additional 123.73 TL per unit GT
    • Over 5000 GT: Additional 12.37 TL per unit GT 
  • Dirty ballast discharged to sea by tankers:
    • Up to 1000 (inclusive) GT: 90.17 TL per unit GT
    • Between 1000 and 5000 (inclusive) GT: Additional 17.99 TL per unit GT
  • Over 5000 GT: Additional 2.87 TL per unit GT
  • Petrol/Petroleum products and dirty ballast discharged to sea by vessels or any other sea vehicles:
    • Up to 1000 (inclusive) GT: 247.46 TL per unit GT
    • Between 1000 and 5000 (inclusive) GT: Additional 49.49 TL per unit GT
    • Over 5000 GT: Additional 12.37 TL per unit GT
  • Garbage and sewage discharged to sea by vessels and any other sea vehicles:
    • Up to 1000 (inclusive) GT: 123.73 TL per unit GT
    • Between 1000 and 5000 (inclusive) GT: Additional 24.75 TL per unit GT
    • Over 5000 GT: Additional 12.37 TL per unit GT 

Correspondents have further advised:

  • If the vessel belongs to a legal entity; shipping company/organisation the fine calculation will be between three and fourteen 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.
  • The discharge of any dangerous substances or disposals to sea, will incur a fine of ten times the amount with the category of petrol and petroleum derived products fines as its basis.
  • After pollution has occurred, the total fine will be reduced by a third, provided the vessel causing the pollution took appropriate action during the pollution removal process.
  • 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.

13 December 2018

A new rate of fines has been released for violations of pollution regulations in Turkish waters.

Local correspondents Omur Marine have advised that these revised pollution fines took effect from 10 December 2018. It is worth highlighting that the levels of fines have increased significantly.

The fines can be summarised as follows:

Pollution caused by tankers discharging petroleum and petroleum derivatives

Up to 1000 GT

400 TL /per GT

Between 1000-5000 GT

Additional 100 TL /per GT

Over 5000 GT

Additional 10 TL /per GT

Pollution caused by tankers discharging dirty ballast

Up to 1000 GT

72.88 TL /per GT

Between 1000-5000 GT

Additional 14.54 TL /per GT

Over 5000 GT

Additional 2.32 TL /per GT

Pollution from ships and other sea going vessels that release petroleum derivatives (bilge, sludge, slop, fuel products, oily waste or dirty ballast)

Up to 1000 GT

200 TL /per GT

Between 1000-5000 GT

Additional 40 TL /per GT

Over 5000 GT

Additional 10 TL /per GT

Garbage and sewage discharged to sea by sea going vessels or any other sea vehicles

Up to 1000 GT

100 TL /per GT

Between 1000-5000 GT

Additional 20 TL /per GT

Over 5000 GT

Additional 10 TL /per GT

Omur Marine has published a summary of the rates and can be read here.