Turkiye issues new pollution fines tariff for 2024

Turkiye has again significantly increased its sea pollution fines compared to previous years’ rates. P&I Correspondents ­­­­Vitsan and Kalimbassieris advise on the new tariff and cautious matters for 2024.

Concept

Turkiye has come up with a new and significantly increased sea pollution fines tariff compared to previous years’ rates. In this regard, P&I Correspondents ­­­­Vitsan and Kalimbassieris advise that as of 1 January 2024, pollution fines will be calculated as follows:

Tankers’ Pollution Fines

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: TL 3,184.81 per unit GT
• Between 1,000 and 5,000 (inclusive) GT: TL Additional 796.23 per unit GT
• Over 5,000 GT: Additional TL 79.59 per unit GT

Dirty ballast discharged to sea by tankers:

• Up to 1,000 (inclusive) GT: TL 580.25 per unit GT
• Between 1,000 and 5,000 (inclusive) GT: Additional TL 115.76 per unit GT
• Over 5,000 GT: Additional TL 18.37 per unit GT

Vessels’ Pollution Fines

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: TL 1,592.40 per unit GT
• Between 1,000 and 5,000 (inclusive) GT: Additional TL 318.49 per unit GT
• Over 5,000 GT: Additional TL 79.59 per unit GT

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Garbage & Sewage Discharge Fines

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 – Read Here
• 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 17,661.00
• Between 18 and 50 GT – TL 35,325.00
• Between 50 and 100 GT – TL 70,650.00
• Between 100 and 150 GT – TL 105,976.00

Vessel’s greater than 150 GT:

• Up to 1,000 GT – TL 796.23 per unit GT
• Between 1,000 and 5,000 GT – additional TL 159.25 per unit GT
• Over 5,000 GT – additional TL 18.37 to be added per unit GT

Excessive Sulphur Content of Marine Fuels

According to the new pollution fines, 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 706.51 per unit GT
• Between 1,000 and 5,000 GT – additional TL 88.31 per unit GT
• Over 5,000 GT – additional TL 17.67 per unit GT

Additional Advice

Vitsan and Kalimbassieris 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/organization 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.

If the vessel or the seacraft (offender) cleans the pollution caused by its own, by using her own means and efforts, the administrative fine shall be 1/3 of the total amount.

In March 2023, a gross tonnage limitation was introduced for pollution fines for an additional amount per GT applicable for vessels exceeding 5,000 GT. Accordingly, for all vessels greater than 100,000 GT, an administrative fine shall be imposed based on a vessel at 100,000 GT.

Source: North Standard

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