All sea-bound or lake-bound Nation-States have the right to impose fines on vessels, ships, their masters and owners if they cause marine pollution in a state’s internal and/or territorial waters. In some countries the fines imposed are extremely high and in others lower. Türkiye is one of these countries and the fines provided by the pollution law have increased significantly in recent years.
So the marine pollution offense in Türkiye and based on Law No. 2872 and subsidiary regulation cover all aspects of pollution control, both ashore and in Turkish waters, inclusive of agriculture, industry and shipping activities.
Law No. 2872, as supplemented and amended by Art. 5 03/11/1987 Pollution Ban, provides that: “It is unlawful to dump ballast and bilge water or wastes and effluent of any kind either directly or indirectly into the seas, inland seas, straits, gulfs, harbors, marinas, natural or manmade lakes, rivers or canals, or shores within Turkish territorial waters or Türkiye’s free and restricted economic zones.”
Pursuant to Article 20 of the Turkish Environmental Law No. 2872 (“Law”), fines are imposed on vessels for causing pollution in Turkish waters through discharge of petroleum products, dirty ballast, garbage and sewage into the sea. Marine pollution fines are updated annually to adjust for inflation.
TARIFF AND FINES TO BE LEVIED, FROM 01st of JANUARY 2024 TILL 31st of DECEMBER 2024
The tariff below contains the increased (at the rate of 58.46%) fines for the year 2024 that are applicable as of 1 January 2024.
1. Petrol and petroleum products discharged by tankers:
Up to 1,000 (inclusive) gross tons (GT) = TRY 3,184.81 per GT (up from TRY 2,009.85 per GT)
Between 1,000 and 5,000 (inclusive) GT = An additional TRY 796.23 per GT (up from TRY 502.48 per GT)
Over 5,000 GT = An additional TRY 79.56 TRY per GT (up from TRY 50.23 per GT)
2. Dirty ballast discharged by tankers:
Up to 1,000 (inclusive) GT = TRY 580.25 per GT (up from TRY 366.18 per GT)
Between 1,000 and 5,000 (inclusive) GT = An additional TRY 115.76 per GT (up from TRY 73.05 per GT)
Over 5,000 GT = An additional TRY 18.37 per GT (up from TRY 11.59 per GT)
3. Petrol/petroleum products and dirty ballast discharged by vessels or any other marine vehicles:
Up to 1,000 (inclusive) GT = TRY 1,592.40 per GT (up from TRY 1004.92 per GT)
Between 1,000 and 5,000 (inclusive) GT = An additional TRY 318.49 per GT (up from TRY 200.99 per GT)
Over 5,000 GT = An additional TRY 79.59 per GT (up from TRY 50.23 per GT)
4. Garbage and Sewage* discharged by vessels or any other marine vehicles:
Up to 1,000 (inclusive) GT = TRY 796.23 per GT (up from TRY 502.48 per GT)
Between 1,000 and 5,000 (inclusive) GT = An additional TRY 159.25 per GT (up from TRY 100.50 per GT)
Over 5,000 GT = An additional TRY 18.37 per GT (up from TRY 11.59 per GT)
* “SEWAGE” now specifically includes ‘domestic wastewater, water with detergent, foam, exhaust scrubber system wash water, similar wash water and solid wastes etc…
Unfortunately, there are several factors that will or can significantly increase the Base Penalties listed above.
For this reason, for any questions or clarifications, you can contact our office and we will inform you accordingly.