The Club has been advised that the value of pollution fines in Turkey have increased from the 2007 published rates, for the 2008 period.

Fine amounts are per the gross registered tonnage of the offending ship. Based on a 7.2% increase on the 2007 figures, fine amounts can be expected as follows:

Petrol and Petroleum products discharged to sea by tankers:

Gross Registered Tonnage	Fine amount per tonne
1,000 tonnes or less	46.22 YTL (approx US$39.14)
Between 1,000 and 5,000 tonnes	11.56 YTL (approx US$9.79)
5,000 tonnes or more	1.15 YTL (approx US$0.97)

Dirty ballast discharged to sea by tankers:

Gross Registered Tonnage	Fine amount per tonne
1,000 tonnes or less	34.67 YTL (approx US$29.36)
Between 1,000 and 5,000 tonnes	6.93 YTL (approx US$5.87)
5,000 tonnes or more	1.15 YTL (approx US$0.97)

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

Gross Registered Tonnage	Fine amount per tonne
1,000 tonnes or less	23.11 YTL (approx US$19.57)
Between 1,000 and 5,000 tonnes	4.62 YTL (approx US$3.91)
5,000 tonnes or more	1.15 YTL (approx US$0.97)

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

Gross Registered Tonnage	Fine amount per tonne
1,000 tonnes or less	11.56 YTL (approx US$9.79)
Between 1,000 and 5,000 tonnes	2.30 YTL (approx US$1.95)
5,000 tonnes or more	0.46 YTL (approx US$0.39)

Repeated offences

As per the Environmental Law, any ship found repeating a pollution offence (within three years of an offence being committed) will be subject to a higher rate of fines. The second time the offence is committed the fine amount will be doubled, and fines imposed for further offences will be twice that amount again. However, should the polluting substance be considered dangerous (such as petroleum products) the fine amount will be ten times the published rate in the event of a repeat offence.

Strict policy
Members should be aware that the requirements of regulations concerning pollution in Turkey are very stringent, and the regulations are strictly enforced. The Club’s local correspondent in Istanbul advises that approximately 190 ships were fined for polluting at the Tuzla (shipyard) region in 2007.

Advice upon a fine for pollution being imposed
The Club’s local correspondent in Istanbul provides the following advice to all vessels imposed with a fine for pollution:

The regulations are very strict and the vessel will be detained until the fine is paid. The Authorities will not accept bank or Club guarantees and a cash/cheque payment is expected.

When a pollution case is established by the Authorities it is not recommended to dispute the claim in court. Success is unlikely and any case is likely to take one to two years to conclude. Additionally, an appeal does not stop execution and collection of the fine.

If the fine is paid immediately (before sailing and within thirty days), a 25% reduction in the amount to be paid will be applied.

Source of information:

VİTSAN Mümessillik ve Müşavirlik A.Ş. Istanbul, Turkey Tel: + 90 212 252 06 00 Email: vitsan@vitsan.com.tr Internet: www.vitsan.com.tr

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The information provided in this bulletin is believed to be correct, but we do not guarantee its completeness or accuracy.