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					                                 Legal Aspects of Sea Pollution
Pollution matters are regulated by the Environmental Law numbered 2872 (“Law”) and the
other related regulations.


According to the Law, directly or indirectly discharge of all kind of waste or residuary to the
environment, storage, transportation, sending away the waste or residuary or being engaged in
similar activities in a way that harms the environment in contrary to the standards and
methods stipulated in the relevant regulations are forbidden.


The Turkish authorities are very vigilant with regards to the risk of pollution and they are
closely monitoring the vessels in the Turkish waters and if pollution, which is caused by a
vessel, is detected, the Turkish authorities immediately take the necessary actions and issue
the monetary penalties against the vessel.


In accordance with the Regulation on the Investigation of Breach and Enforcement and
Collection of the Administrative Fines (“Regulation”), which was adopted pursuant to the
Law, the relevant procedures in order to ascertain and evidence the pollution are listed as
below;
        Pollution should be ascertained by taking the pictures, film and video records of both
the polluted sea and the pollutant vessel1;
        Samples from both the polluted area and the vessel should be collected and a record of
the sample should be issued and signed by the related parties;
        Samples should be put into special pots and affixed with seal;
        Samples should be referred to the nearest laboratory in order to analyze the same and
such laboratory should immediately inform the officers with the outcome of analysis report;
        Fact-finding report should be issued by the related parties.
In this respect, during the inspections of the related authorities, if the breach of the regulations
in relation to the pollution is ascertained, a fact finding report is issued. The fact finding, the
record of sample- if a record of sample has been issued-, and the records and samples are


1
 The vessels having a tonnage up to 18 grosstonnage are exempted from the requirement of ascertainment of the
pollution by collecting the samples, taking the pictures, film and video records.


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referred to the relevant authority, which is authorized to issue the administrative fine against
the pollutant vessel.


Upon the issuance of an administrative sanction decree by such authority, the administrative
sanction decree together with the fact finding report and the record of sample, if any, are
served to the Master of the pollutant vessel2.


Unless the administrative fine amount, which is indicated in the administrative sanction
decree, is immediately paid by the pollutant vessel in a single sum, a security is demanded
from the representatives of the pollutant vessel, owner, manager, charterer, P&I Club, agent.
In terms of the security, bank letter of guarantee or letter of undertaking from the P&I Club of
the vessel is accepted.


The administrative fine amount, which is indicated in the administrative sanction decree,
(“administrative fine amount”) should be paid in a month as of the service of process of the
administrative sanction decree.


The vessel can be arrested unless the administrative fine amount is paid immediately in single
sum or a security is submitted.


If the administrative fine is paid within 30 days as of the service of process of the
administrative sanction decree, three fourth of the administrative fine amount is paid. Payment
of the administrative fine amount does not jeopardize the right to commence a legal action in
order to raise objections against the administrative sanction decree. Therefore, in order to
benefit from such reduction, first of all, the payment of the fine amount within 30 days as of
the issuance date of the administrative fine is recommendable.




2
  If the pollutant vessel is out of the Turkish waters, exclusive economic zone or free zone, the Turkish
authorities notify the flag country together with the related documents and demand for the payment of the
administrative fine amount which is indicated in the administrative sanction decree and a case can be initiated
against the pollutant vessel in the Turkish jurisdiction in the event of the lack of payment of the administrative
fine amount.


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Objections against the administrative sanction decree can be filed within 30 days as of the
service of process of the administrative sanction decree before the competent administrative
court. The evaluation of the objection case is in the discretion of the court.


In accordance with the Article 20 (ı) of the Law, the administrative fine amounts are listed and
the amounts indicated under this article are annually increased and declared via the related
communiqué.


As per the Article 23 of the Law, it is indicated that the fine amount is charged one more time
if the offence is repeated, two times if the offence is further repeated, i.e. two times or more,
in 3 years as of the issuance of the administrative sanction decree.


In accordance with the related Communiqué, the administrative fine amounts as from the date
of 01.01.2011 are as below.


1) tankers, which discharge petrol and petrol derivative products (raw petrol, fuel oil,
bilge, sludge, slop, refined product, oily wastes etc.) and which have up to a thousand
(including) gross tonnage in the amount of TRY 56,96 for each gross tonnage, between one
and five thousand (including) gross tonnage the above amount and the amount of TRY 14,22
for each additional gross tonnage and over five thousand gross tonnage the above amounts
and Piaster 138 for each additional gross tonnage shall be charged,


2) tankers which discharge dirty ballast and which have up to a thousand (including) gross
tonnage in the amount of TRY 42,71 for each gross tonnage, between a thousand and five
thousand (including) gross tonnage, the above amount and TRY 8,52 for each additional
gross tonnage and, over five thousand gross tonnage the above amounts and Piaster 138 for
each additional gross tonnage shall be charged,
3) vessels and the other marine vehicles which discharge petrol derivatives (bilge, sludge,
slop, fuel oil, oily waste etc.) or dirty ballast and which have up to a thousand (including)
gross tonnages in the amount of TRY 28,47 for each gross tonnage, between a thousand and
five thousand (including) gross tonnage, the above amount and TRY 5,68 for each additional



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gross tonnage and, over five thousand gross tonnage the above amounts and Piaster 138 for
each additional gross tonnage shall be charged,


4) tankers, vessels and the other marine vehicles which discharge solid wastes or
domestic wastewater, and which have up to a thousand (including) gross tonnage, TRY
14,22 for each gross tonnage, between a thousand and five thousand (including) gross
tonnage, the above amount and TRY 2,82 for each additional gross tonnage and, over five
thousand gross tonnage the above amounts and Piaster 56 for each additional gross tonnage
shall be charged.


It is also necessary to indicate that apart from the issuance of the administrative sanction
decree, the authorities are also entitled to refer the matter to the competent public prosecution
office for the criminal proceedings in relation to the pollution. Therefore, if the matter is
referred to the criminal proceedings, a criminal case can be initiated against the responsible
party/parties.




GUR LAW FIRM




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