Turkey: Pollution fines tariffs 2014

The Association has previously advised on Turkey's developing environmental protection laws and the increased focus on taking action against vessels found to be in breach of the same.

The Association can now advise further as follows, with the assistance of our Correspondents.

QUOTE

The administrative fines will be given in accordance with the environmental law no. 2872 decree (2014/1) as per the declaration of the Ministry of Environment and Urbanization, published in Official Gazette dated 29 January 2014 no. 28897,

(As per "Communique of the Tax Law Procedure (Seq no. 430)" prepared by the Ministry of Finance and published in the "Official Gazette" dated 19 November 2013 and no. 28826 the fines as per the rate of revaluation, are increased by 3.93 %, as to the fines applied in 2013)

Please find herebelow the:
Pollution Fine Tariff from 1 January 2014 up-to 31 December 2014.

THE NEW POLLUTION FINES IN TURKIYE AS OF 1/1/2014 UP-TO 31/12/2014

I - Petrol and Petroleum products discharged to sea by tankers:

1. Up to 1000 (inclusive) gross tons: Per Ton* : 70.35 TL
2. Between 1000 and 5000 (inclusive) gross tons: Per Ton* : 17.55 TL
3. Over 5000 gross tons: Per Ton* : 1.69 TL

II - Dirty ballast discharged to sea by tankers:

1. Up to 1000 (inclusive) gross tons: Per Ton* : 52.75 TL
2. Between 1000 and 5000 (inclusive) gross tons: Per Ton*: 10.52 TL
3. Over 5000 gross tons: Per Ton* : 1.69 TL

III - Petrol / Petroleum products and dirty ballast discharged to sea by vessels or any other sea vehicles:

1. Up to 1000 (inclusive) gross tons: Per Ton* : 35.16 TL
2. Between 1000 and 5000 (inclusive) gross tons: Per Ton* : 7.00 TL
3. Over 5000 gross tons: Per Ton* : 1.69 TL

IV - Garbage and sewage discharged to sea by vessels and any other sea vehicles:

1. Up to 1000 (inclusive) gross tons: Per Ton* : 17.55 TL
2. Between 1000 and 5000 (inclusive) gross tons: Per Ton*: 3.47 TL
3. Over 5000 gross tons: Per Ton* : 0.67 TL

UNQUOTE

It is important to note that in case of repeat offences, the fine can be increased by 100% and 200%.

Furthermore, in case of the discharge of "dangerous substances" or their disposal in to Turkish waters, the fine can be increased by a factor of 10 with the Petrol / Petroleum products criteria as the base.

There is, however, a procedure by which payment of a fine within 30 days of sailing, a reduction of 25% in the value may be granted.

Important to Note

While it is common for Shipping Agents in Turkey to issue warnings to vessels, especially those entering the Canakkale straits (the Dardanelles) to take care to avoid causing pollution, it is the vessel that is responsible to take the necessary steps to avoid causing an incident.
An incident does not need to involve a major event, and could be down to something simple and small such as: painting, ballast water, garbage, waste water including dirty laundry water, etc..

When it comes to fines for pollution, members should be informed that Skuld P&I only covers fines for accidental pollution as per Mutual Rule 19.1.3. (and equivalent Charterers and Fixed Terms).

Members are also referred to the following article on coverage for fines: Fines & P&I Cover (The P&I Column December 2011)

The Association is grateful to Vitsan Mumessillik ve Musavirlik A.S., Istanbul, Turkey, for providing the information for this update.