Turkey - 2020 tariffs for pollution fines

Members are advised that Turkey has issued new tariffs for pollution fines in 2020. The new tariff rates below are for real persons, and are applicable from 01.01.20 to 31.12.20.

CATEGORY A: Pollution from tankers discharging petroleum products and derivatives (raw petroleum, fuel oil, bilge, oil mud, refined product oil waste etc.)

Up to 1,000 (inclusive) GT	606.67 TL per unit GT
Between 1,000 and 5,000 (inclusive) GT	An additional 151.67 TL per unit GT
Over 5,000 GT	An additional 15.16 TL per unit GT

CATEGORY B: Pollution from dirty ballast discharged to sea by tankers

Up to 1,000 (inclusive) GT	110.53 TL per unit GT
Between 1,000 and 5,000 (inclusive) GT	An additional 22.05 TL per unit GT
Over 5,000 GT	An additional 3.51 TL per unit GT

CATEGORY C: Pollution from ships and other sea vehicles that release petroleum/ petroleum derivatives (bilge, oil mud, freight mud, fuel oil, oil waste or dirty ballast, etc.)

Up to 1,000 (inclusive) GT	303.34 TL per unit GT
Between 1,000 and 5,000 (inclusive) GT	An additional 60.67 TL per unit GT
Over 5,000 GT	An additional 15.16 TL per unit GT

CATEGORY D: Pollution from garbage and sewage discharged to sea by ships, tankers or other sea vessels

Up to 1,000 (inclusive) GT	151.67 TL per unit GT
Between 1,000 and 5,000 (inclusive) GT	An additional 30.34 TL per unit GT
Over 5,000 GT	An additional 15.16 TL per unit GT

NOTES

Ulgener Legal Consultants remind us that following the amendment of the Environmental Act on 28.11.18:

If the pollution is caused by legal entities (including the shipowner), the fine will be calculated based on the above rates multiplied by 3.
If the pollution is caused by dangerous/ hazardous goods, the fine will be calculated based on the rates as per CATEGORY C multiplied by 10
If the fine is paid immediately (i.e. within 30 days of receipt of the fine or decision), a 25% reduction is available.
For an immediate release of a detained ship, the shipowner will have to provide a Club Letter of Undertaking for payment within 30 days.
Payment of the fine is not an admission of liability and the shipowner is not prevented from objecting to/ appealing against the fine.
The Authorities may in some cases claim damages or seek security for damages (including for third party damages) in addition to imposing a fine.
Additionally, the fines for the above Categories will be doubled for repeat offenders and tripled on subsequent recurrences of pollution by the same ship within three years.
If the ship eliminates the pollution by her own means, 1/3 of the above amounts shall be imposed.

In January 2019, the UK P&I Club provided detailed guidance on measures to be implemented to prevent illegal discharges and thus avoid incurring pollution fines. The guidance and recommendations provided remain valid and may be accessed here.

If Members have any questions on this update, your usual contact at the Club would be pleased to assist you.