Pollution fines in Turkiye on the rise again for 2023

Update 6 April 2023

P&I Correspondents Vitsan AS advise that of 5 April 2023, the below-referenced marine pollution fines will be capped on the basis of a maximum of 100,000 GT.

Read their circular here.

Update 3 January 2023

P&I Correspondents Vitsan AS advise that as of 1 January 2023, pollution fines will be calculated as follows:

Pollution caused by tankers discharging petroleum and petroleum derivatives (such as crude oil, fuel products, bilge, sludge, slop, refined product, greasy waste materials etc.):

• Up to 1,000 (inclusive) GT: 2,009.85 TL per unit GT
• Between 1,000 and 5,000 (inclusive) GT: Additional 502.48 TL per unit GT
• Over 5,000 GT: Additional 50.23 TL per unit GT

Dirty ballast discharged to sea by tankers:

• Up to 1,000 (inclusive) GT: 366.18 TL per unit GT
• Between 1,000 and 5,000 (inclusive) GT: Additional 73.05 TL per unit GT
• Over 5,000 GT: Additional 11.59 TL per unit GT

Petrol/petroleum products (such as bilge, sludge, slop, fuel products, greasy waste materials etc.) and dirty ballast discharged to sea by vessels or any other sea vehicles:

• Up to 1,000 (inclusive) GT: 1,004.92 TL per unit GT
• Between 1,000 and 5,000 (inclusive) GT: Additional 200.99 TL per unit GT
• Over 5,000 GT: Additional 50.23 TL per unit GT

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

Previously, this category comprised only of garbage and sewage discharges from the vessel. However, the new provision of law now also includes:

• domestic wastewater (greywater)
• water with detergent
• foam
• EGCS (scrubber) wash water – note that open loop operation is prohibited in Turkish ports and territorial waters – https://www.nepia.com/industry-news/no-scrubs-more-ports-declare-ban-on-egcs-discharges-update/_
• other similar washing waters and solid wastes etc.

This category of fines is split into vessels 150 GT and less and vessels greater than 150 GT.

Vessels up to and including 150 GT:

• Up to 18 GT – TL 11,146.00
• Between 18 and 50 GT – TL 22,293.00
• Between 50 and 100 GT – TL 44,586.00
• Between 100 and 150 GT – TL 66,879.00

Vessel’s greater than 150 GT:

• Up to 1,000 GT – TL 502.48 per unit GT
• Between 1,000 and 5,000 GT – additional TL 100.50 per unit GT
• Over 5,000 GT – additional TL 50.23 to be added per unit GT

Excessive sulphur content of marine fuels

According to new provision, vessels using fuels with sulphur content higher than the limit allowed by the IMO regulations will be subject to the tariff of fines as shown below:

• Up to 1,000 (inclusive) GT – TL 445.86 per unit GT
• Between 1,000 and 5,000 GT – additional TL 55.73 per unit GT
• Over 5,000 GT – additional TL 11.15 per unit GT

Additional advice

Vitsan AS further advise of the following:

In November 2021, The Marmara Sea (including the Istanbul Strait, Canakkale Strait and Izmit Bay) was declared as a Special Environmental Protection Area. According to new provisions, the fines for marine pollution occurring in this area will be doubled.

If the vessel belongs to a corporate entity; shipping company/organisation the fine calculation will be three times the stated amount.

If the vessel has more than one pollution incident within three years, the fines will be doubled for the recurrence of the action and will be tripled on subsequent recurrences that are caused by the same offender within three years.

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.

If the fine is paid before the vessel’s sailing or within 30 days, a 25% reduction will be applied.

Read the full Vitsan AS circular here