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352 - 03/04 - Reminder and Amendment of Pollution Fines - Turkey
Further to LP Bulletin 172 which set out the current level of pollution fines in Turkey, we would like to remind Members of the Environmental Law that contains strict provisions for land, sea and air pollution as a whole and for all forms of environmental pollution/polluters.
We have been informed that in a recent case the Environmental Protection Authority apparently observed pollution that occurred whilst a Member’s ship was at anchor off Ahirkapi. The pollution was caused by washing down greasy / oily decks. The Authority took samples and photos and the ship concerned was fined TL 145,940,350.317 (approx US$110,100.00) under the relevant Laws/Regulations/Official Tariffs. It was stated that the fine should be paid immediately; otherwise the vessel would be detained.
The current fines as of the 1st January 2004 are:
1 For tankers, in the event of discharging dirty ballast:
GT of the tanker Current Fine
· 0 - 1,000 TL 72,970,175,159
· 1,001 - 5,000 TL 145,940,350,317
· 5,001 and more TL 729,701,751,585
2 For all other ships including tankers, in the event of discharging all kind of residues, bilge and for the ships excluding tankers, in the event of discharging dirty ballast:
GT of the ship Current Fine
· 18 - 1,000 TL 72,970,175,159
· 1,001 and more TL 145,940,350,317
· 17 and less TL 4,378,210,510
We would like to remind Members that the relevant Turkish laws and regulations are very strict. Unless the fine is paid the ship will be detained.
The relevant law/regulation refers to the acceptance of bank guarantees, treasury bonds and debentures (Turkish Treasury) however in practice the authority will only accept an unconditional cashable guarantee such as a cheque. It is possible to appeal against the imposition of a fine by filing a court case at the administrative Court within seven days of the incident. This procedure would not stop the execution and collection of the fine as per Turkish law. If however the incident has been observed/established by the Authority there is little chance of an appeal succeeding.
Source of information:
Vitsan, Club Correspondents