Loss Prevention Advice

In Turkish waters, environmental protection is developing, and significant fines are applicable to vessels that violate Turkish anti-pollution regulations. As per the latest amendments brought into effect on 01st January 2024, there is an increase (58.46 %) in the amount of the fines that are being applied by the EPA (Environmental Protection Agency) against the offending vessels compared to the previous year.

In the event of a sea pollution, fines are being issued by the following authorities in Turkey:

1. POLLUTION FINE ISSUED BY THE TURKISH EPA

The administrative fines will be imposed in accordance with the Turkish Environmental Code dated 1983, numbered 2872.

Environmental pollution fines are revised annually and declared in the Official Gazette for the respective year. According to the declaration of the Ministry of Environment and Urbanization, published in Official Gazette dated 28 December 2023, the current pollution fines were updated with the following rates applicable for real persons and the fine amount calculated for real persons will be multiplied by three to reach the fine amount for the legal entities (i.e., ship owners, despondent owners).

1) Pollution from petroleum tankers and derivatives for real persons (raw petroleum, fuel oil, bilge, oil mud, refined product oil waste etc.)

2) Dirty ballast discharged to sea by tankers for real persons.

3) Pollution from ships and other sea vehicles that release petroleum/petroleum derivatives for real persons (Bilge, oil mud, freight mud, fuel oil, oil waste or dirty ballast)

Fine amounts for above mentioned categories will be doubled for repeated offenders and tripled on subsequent recurrences of pollution by the same vessel within three years.

** In the event any hazardous substances and waste are disposed to the sea, the fine will be calculated ten (10) times of the amount calculated as per the category of Petrol and Petroleum Products fines.

*** In the event that the vessel eliminates the pollution by her own means, 1/3 of the above stated amounts shall be imposed.

****It should be noted that, the fines will be doubled in Special Protection Areas such as Belek, Foça, Datça-Bozburun, Fethiye-Göcek, Gökova, Göksu, Gölbaşı, Ihlara, Kaş-Kekova, Köyceğiz-Dalyan, Pamukkale, Patara, Tuz Lake, Uzungöl, Saros Gulf, Finike, Salda Lake, Karaburun-Ildır Gulf, Sea of Marmara and the Princes’ Islands (Istanbul, Kocaeli, Yalova, Bursa, Balıkesir, Canakkale, Tekirdağ)

Bunker maximum sulphur content related fines

In addition, as per new regulation coming into force in June 2022, if the bunker of the vessel exceeds maximum sulphur content of bunker for the vessels that do not use approved pollution reduction methods (determined as 0.5%; and 0.1% for the vessels navigating in the SOx Emission Control Areas), the fine amount for real persons will be calculated as follows (multiplied by three to reach the fine amount for the legal entities (i.e., ship owners, disponent owners)):

Important Notes

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The ship owners are entitled to lodge an appeal before the Administrative Court within 30 calendar days from the fine notification date. However, appealing the fine decision will not result in the lifting of the arrest order of the fined vessels. Generally, there are very low prospects of success in the appeal proceedings.

▪

Under the relevant code, the “EPA” is entitled to ask for cash payment of the fine amount and generally they do not accept any form of security to release the ships. On an exceptional basis, they may accept bankers’ draft and/or payment guarantees to be issued by the ship agents payable within max.1-2 days and without any conditions.

▪

In previous cases, the authorities confirmed that they will release the vessel against the LOU to be issued by the P&I Clubs or Insurance Companies recognised by the Turkish Government. However, they asked for the original LOU and its notarised official translation. Considering the time taken to deliver the original LOU and its notarised translation, the vessel may be delayed unnecessarily.

We generally recommend the Owners to affect payment of the fine within the appeal period in order to benefit from the 25% discount so that the vessel would be able sail without any delay. Remitting the fine amount will not be considered as an admission of liability and the Owners may still appeal the fine decision.

▪ Any video footage, pictures taken by environmental officers, coast guards etc. can only be released by a court order. However, at times the officers release the same to P&I Club representatives and/or agents on an unofficial basis

1. POLLUTION FINE ISSUED BY THE PORT HARBOUR MASTER

In the event that the vessel does not follow the local port regulations, as per Article 11 of the Ports Law numbered 618, the Harbour Master has the right to penalize the offending vessel an administrative fine between TL 500 to TL 20,000.

• In addition, as per addition of Article 39/12 to the current Port Regulations, enforced on 08.04.2017, in circumstances requiring application of emergency response actions or emergency services due to collisions, breakages, fires, explosions or similar incidents causing damage or sea pollution, the Harbour Master has been given the right to impose an administrative fine against the offending vessel up to TL 5,000,000.

The ship owners are entitled to lodge an appeal before the Administrative Court within 15 calendar days from the fine notification date. However, appealing the fine decision will not result in the lifting of the arrest order of the fined vessels. Generally, there are very low prospects of success in the appeal proceedings.

▪ We generally recommend the Owners to affect payment of the fine within the appeal period in order to benefit from the 25% discount so that the vessel would be able sail without any delay.

▪ In case the subject fine is not paid by the Owner, the vessel can be sold on auction by the relevant authorities as per the Law numbered 4922 to recuperate the issued fine.

1. RECOMMENDATIONS AND GUIDELINES

• De-ballasting operations should be avoided unless the ballast water was checked and confirmed to be clean.
• All overboard discharge valves should be closed and secured/sealed in closed position.
• All deck scuppers should be plugged and any gaps in the fish plate surrounding the deck should be closed.
• Hose test of hatch covers; hydrostatic test of deck pipes/hoses or other equipment should not be performed.
• Washing of decks and superstructure should be avoided.
• Treated water from the sewage system and grey water should be transferred to a holding tank and should not be discharged until the vessel is outside Turkish waters.
• Cargo residues, cargo space cleaning residues, all garbage and other substances should not be disposed in Turkish waters.
• The vessel’s hull should not be scrapped, chipped, or painted while alongside the pier or at anchor.

▪ While the vessel is at the shipyard or in dry dock, even if the pollution is caused by the negligence of the shipyard, its employees or agents, the ship may be held vicariously liable for the pollution fine. Therefore, the crew members should exercise care and they should immediately protest in writing to the shipyard where they believe pollution took place.