The Association’s correspondent Vitsan AS has recently informed us that the tariff for pollution incidents in Turkiye has been revised. As per Communique of the Tax Law Procedure (Seq No: 554) arranged by the Ministry of Treasury and Finance, published in the “Official Gazette” dated 25/11/2023 and No: 32380, the Fines as per the rate of revaluation, are increased by 58.46 % as to the fines applied in 2023, effective from 1 January 2024. We strongly advise that vessels operating in Turkish waters remain vigilant and take proper pollution prevention precautions. 

I. Delegated authorities

By a circular numbered 2023/3 on January 23rd, the Ministry of Environment Urbanization and Climate Change delegated the authority of inspections upon suspicion of marine pollution to Mersin and Antalya Metropolitan Municipalities as well as Harbor Master’s Offices and Coast Guard Commands. Theses organs are authorized to impose administrative sanctions listed in the Turkish Environmental Code, numbered 2872, on all sea vehicles except the oil tankers of 150 GT and above as well as other vessels of 400 GT.

II. New pollution fines

Under the new tariff regime, the shipowners are entitled to lodge an appeal before the Administrative Court within 30 calendar days from the fine notification date. However, there are very low prospects of success in the appeal proceedings. And it should be noted that if the fine is paid immediately (in any case before the vessel’s sailing/ within maximum 30 days), 25% reduction will be benefitted. The current pollution fines were updated with the following rates applicable:

* For Cat 4, the previous version was mainly referring to the garbage and sewage discharge from the vessel as prescribed in MARPOL Annex V and IV and in the new provision of law the following are also described under the Cat 4 as pollutant: domestic wastewater, water with detergent foam, scrubber system washing waters, similar washing waters and solid wastes etc.

* The vessels using fuels with sulphur content beyond the limits (0.1% in accordance with the EU standard) and by Turkish law will be imposed a penalty as per the above tariff of fines.

III. Key highlights

In November 2021, The Marmara Sea (including the Istanbul Strait, Canakkale Strait and Izmit Bay) was declared as a Special Environmental Protection Area with a Presidential Decision. According to new provisions, the fines for marine pollution originated from the vessels will be applied twofold if the incident occurs in the Special Environmental Protection Area.

As to the above Tariff, when applied to the Vessels/Sea vehicles belonging to any “Corporate”, the calculated/established Fine amount will be multiplied 3 (three) times more.

As per the relevant Law, in case of the repetition of the pollution offence by the same ship within 3 (three) years:

-At the first repetition, the fine amount is increased by one time more,

-At the second and more repetition the fine is increased by two times more.

If any dangerous substances or hazardous wastes are discharged into the sea, the fine will be 10 (ten) times the amount calculated using the category of petroleum and petroleum product fines as a basis.

IV. Reporting

According to the new provision, a port, shore facility, shipyard, etc. fails to notify the authorities for a pollution incident occurred in their premises will be imposed an administrative penalty in amount of TL 88,313. In addition, if the facilities do not take necessary precautions to collect and manage the garbage, waste and wastewater an administrative penalty from TL 88,313 up to TL 354,829 will be applied to the facilities.

V. Advice to Members

1. All Deck Scuppers to be plugged and secured.
2. All drain holes inside the accommodation including galley, pantry, all shower rooms and toilets’ drain holes to be closed.
3. All Gate Valves outside the accommodation to be closed.
4. Fresh Water supply to be limited to Designated Shower Rooms with Drainage to Sewage Tank.
5. If directly connected to sea, then all Public Toilet’s Washing Basins sealed.
6. All Laundry Rooms to be locked.
7. All outlets to be checked periodically, to be sure that no discharge found, except cooling outlets for M/E generators etc.
8. All outboard valves in Engine Room and Cargo Holds to be shut and sealed with Numerical Seals.
9. Ship sewage tank discharge valve to be closed and locked.
10. No cleaning/washing to be made at weather deck.
11. No painting to be made on decks etc.
12. All garbage to be secured.
13. Scrubber wash water is prohibited to be discharged from the vessels.
14. Any other issue regarding dropping anything overboard to be checked and to be prevented as applicable.
15. All above to be recorded in Deck Log Book.

For more information, please contact Managers of the Association.