Turkey

Strict Pollution Enforcement - Turkey

Two recent cases involving the Association's Members highlighted the fact that the Turkish Authorities are continuing to enforce strictly their policy in relation to pollution matters as a result of which heavy fines are imposed for relatively minor pollution incidents.

In the first case, the ship's crew had been repainting the ship's hull prior to entering Turkish territorial waters. Whilst at anchorage awaiting passage through the Bosphorus Straits, officials from the Environmental Agency attended on board and noted the fact that the ship's hull had been recently repainted and that the crew had left their painting equipment out on deck with a view to completing the task whilst crossing the Black Sea. There was no evidence of any paint pollution caused by the ship but this did not prevent the authorities from imposing a fine slightly in excess of $100,000 for an alleged pollution of the environment.

In the second case, allegations were made by the Environmental Agencies that pollution had been caused from dirty toilet waters being discharged overboard whilst the ship was in Istanbul. Again there was no evidence that the ship had caused any pollution but, again, this did not prevent the Member being fined approximately $100,000.

Advice from the local correspondents indicated that:

(1) An appeal could be lodged but there was little chance of this succeeding.

(2) In the unlikely event of it succeeding, the amount recovered would be paid without interest in Turkish Lire.

(3) To recover the fine would require a separate action against the Environmental Agencies.

(4) This whole process would take many years to complete.

The Managers would strongly recommend to Members that a high level of vigilance is exercised whilst their vessels are within Turkish territorial waters in order to ensure not only:

(a) that no unauthorised discharge occurs of any domestic waste or resulting from maintenance work at any time but also

(b) that conditions on board do not, so far as is possible, create the impression that a discharge may have occurred, since any such impression may trigger allegations to this effect by the authorities.

In order to assist Members, it is strongly recommended that the Managers and the local correspondents be contacted immediately should such allegations be made by the Turkish Authorities in order to expedite a resolution and to avoid delays to vessels.

Reminder and Amendment of Pollution Fines - Turkey