MEMBER ALERT Shipowners Claims Bureau, Inc., Manager One Battery Park Plaza 31 st Fl., New York, NY 10004 USA Tel: +1 212 847 4500 Fax: +1 212 847 4599 www.american-club.com American Club Member Alert – January 29 , 201 9 1 JANUARY 29, 2019 ENVIRONMENTAL POLLUTION FINES IN TURKEY A revised Pollution Fine Tariff is coming into effect in Turkey for 2019. Under the new Tariff, pollution incidents taking place between January 1 and December 31, 2019 will be subject to fines calculated per gross ton as per the below table. There is a very significant increase in the quantum of fines being applied by the Turkish Environmental Protection Agency against offending vessels. The pollution fines are separated between vessels owned by private individuals as opposed to companies. Notably, corresponding fine amounts are a minimum 3 times and maximum 14 times higher than previously applied rates for vessel-owning companies depending on the type of vessel and the pollutant. CATEGORIES GT PREVIOUS FINE AMOUNT (2018) CURRENT FINE AMOUNT (2019) FOR PRIVATE INDIVIDUALS FOR COMPANIES INCREASE FOR COMPANIES 1- Pollution from petroleum tankers and derivatives (raw petroleum, fuel oil, bilge, oil mud, refined product oil waste etc.) 1,000 97,200.00 TRY 400,000.00 TRY 1,200,000.00 TRY 12x 2,500 133,560.00 TRY 550,000.00 TRY 1,650,000.00 TRY 12x 5,000 194,160.00 TRY 800,000.00 TRY 2,400,000.00 TRY 12x 10,000 205,760.00 TRY 850,000.00 TRY 2,550,000.00 TRY 12x 2- Dirty Ballast discharged to sea by tankers 1,000 72,880.00 TRY 72,880.00 TRY 233,640.00 TRY 3x 2,500 94,690.00 TRY 94,690.00 TRY 284,070.00 TRY 3x 5,000 131,040.00 TRY 131,040.00 TRY 393,120.00 TRY 3x 10,000 142,640.00 TRY 142,640.00 TRY 427,920.00 TRY 3x 3- Pollution from ships and other sea vessels that release petroleum derivatives (bilge, oil mud, freight mud, fuel oil, oil waste or dirty ballast) 1,000 48,580.00 TRY 200,000.00 TRY 600,000.00 TRY 12x 2,500 63,085.00 TRY 260,000.00 TRY 780,000.00 TRY 12x 5,000 87,260.00 TRY 360,000.00 TRY 1,080,000.00 TRY 12x 10,000 98,860.00 TRY 410,000.00 TRY 1,230,000.00 TRY 12x 4- Garbage and sewage discharged to sea by vessels or any other sea vehicles 1,000 24,240.00 TRY 100,000.00 TRY 300,000.00 TRY 12x 2,500 31,410.00 TRY 130,000.00 TRY 390,000.00 TRY 12x 5,000 43,360.00 TRY 180,000.00 TRY 540,000.00 TRY 12x 10,000 47,860.00 TRY 230,000.00 TRY 690,000.00 TRY 14x If the polluting vessel discharges any hazardous substances or waste into the sea, the fine will be calculated at 10 times the published rate for the category of oil or petroleum derivatives fines. Should a ship repeat the pollution offense within 3 years, the fine amount for the second offense will be doubled, and fines imposed for each subsequent offense will again be doubled. MEMBER ALERT Shipowners Claims Bureau, Inc., Manager One Battery Park Plaza 31 st Fl., New York, NY 10004 USA Tel: +1 212 847 4500 Fax: +1 212 847 4599 www.american-club.com American Club Member Alert – January 29 , 201 9 2 The violation of environmental pollution laws and regulations in Turkey entail significant fines and are very difficult to challenge as the authorities do not need to substantiate their allegations, thereby placing the burden of proving innocence on the vessel owner or operator. Under the relevant code, the Turkish environmental authorities are entitled to ask for cash settlement of the fine and generally will not accept any form of security to release an offending ship. On an exceptional basis, the authoritie