The Regulation Concerning the Procedures for the Determination of Offences Committed by Ships and Other Maritime Vessels and for the Imposition of Fines for Such Offences and the Receipts to be Used This Regulation entered into force following its publication in the Official Gazette on 3 November 1987 in its issue 19623. Revisions to this Regulation entered into force following their publication in the Official Gazette on 1 April 1999 in its issue 23653 and on 4 November 2000 in its issue 24220. THE REGULATION CONCERNING THE PROCEDURES FOR THE DETERMINATION OF OFFENCES COMMITTED BY SHIPS AND OTHER MARITIME VESSELS AND FOR THE IMPOSITION OF FINES FOR SUCH OFFENCES AND THE RECEIPTS TO BE USED This Regulation was published in the Official Gazette on 3 November 1987 in its issue 19623. SECTION ONE Purpose, Scope, Basis, Definitions, Principles Purpose Article 1 – The purpose of this Regulation is to specify the procedures for the determination of offences committed by ships and other maritime vessels and for the imposition of fines for such offences and the principles concerning the form, distribution and inspection of the receipts to be used for the imposition of fines. Scope Article 2 – The provisions of this Regulation shall apply to the seas, internal waters, straits, gulfs, ports, natural lakes, artificial lakes, rivers, canals, and their shores, within the Turkish territorial waters, free zones and exclusive economic zones. Basis Article 3 – This Regulation has been issued on the basis of Article 24 of Law No. 2872 on the Environment, as amended by Law No. 3301. Definitions Article 4 – The following terms and expressions used in this Regulation are defined below: "Ships and other maritime vessels" shall mean all air cushion vessels, floating vessels, platforms and other man-made facilities moving or floating on the water, and their equipment and installations; "Oil" shall mean crude oil, fuel oil, sludge, waste oil and refined oil products; "Fuel oil" shall mean the fuel used in the propelling machineries and auxiliary machineries of ships and other maritime vessels; "Oily mixture" shall mean any mixture containing oil; "Separated ballast" shall mean ballast water that is taken into a tank which has been completely separated from the oil cargo and the fuel tank system and has been allocated permanently for carriage of ballast or for cargoes excluding toxic materials in bulk and oil; "Sewage" shall mean wastes coming from all types of toilet, urinal or closet scuppers or from washbowls, bathtubs and scuppers located in such places as sick bays and hospitals or from places in which live animals are kept, or wastes coming from another place and mixing with the above-mentioned wastes; “Garbage” shall mean all types of food (excluding fresh fish and parts of fresh fish) and ship or non-ship operating wastes that are generated during the normal operation of the ship or other maritime vessel and that are likely to be disposed of regularly or periodically; "Sludge" shall mean vestiges of oil that arise as a result of cleaning the fuel oil and lubricants or as a result of oil leaks in machinery volumes, on ships with a gross tonnage of 400 or more, in view of the type of machinery and the length of the voyage, and that cannot be subjected to any processing; "15 P.P.M." shall mean that the rate of oil in a liquid is not more than 15 per million; "Gross tonnage" shall mean the gross tonnage indicated on the Safety Building Certificate of a ship; "Tank" shall mean a closed space which is designed to carry liquids in bulk and which is shaped by the fixed structure of the ship; "Holding tank" shall mean the tank used to collect and store liquid wastes and leftovers and sewage; "I.O.P.P. Certificate" shall mean the International Pollution Prevention Certificate issued by governments or by organisations authorised by governments; "Oil Discharge Monitor" shall mean the internationally accepted oily water/ballast water discharge monitoring and control system; "Bilge Water Separator" shall mean the separator that reduces the engine room oily water wastes and leftovers to the level of 15 P.P.M. before discharge; "C.O.W." shall mean the Crude Oil Washing System; "International standard connecting flange" shall mean the connecting apparatus at the end of the discharge circuit which is designed to transfer wastes from the tank in which they are collected to land-based or offshore receiving facilities; "Exemption Certificate" shall mean the certificate issued by governments, or by organisations authorised by governments, for ships navigating in special areas such as the Mediterranean, the Black Sea, the Aegean, the Marmara Sea and the Red Sea or 12 miles off the land, to exempt them from the requirement of a bilge water separator and an oil discharge monitor, on condition that they do not discharge dirty ballast or bilge water into the sea; "Standard Laboratory" shall mean a mobile or fixed laboratory with the capacity to perform chemical and biological analyses of water in order to determine pollution; and “Dead Weight Ton-DWT” shall mean the difference in metric tons between the displacement of a ship in the waterline that corresponds to its summer freeboard in a water whose specific gravity is 1.025 and the empty weight of the ship. Principles The Ban on Pollution Article 5 – It is banned to discharge ballast and bilge water or any type of waste and residue from ships and other maritime vessels into the seas, internal waters, straits, gulfs, ports, natural lakes, artificial lakes, rivers, canals and their shores within Turkish territorial waters, free zones and exclusive economic zones, either directly or indirectly. Pollutants Article 6 - a) Oil, oily mixtures and waste oils; b) Toxic liquids carried in bulk; c) Harmful substances carried by sea in packaging or in containers, portable tanks or land and rail tank wagons; d) Sewage coming out of ships and other maritime vessels; and e) Garbage and solid or liquid substances, which are discharged, released or poured into the waters shall be considered to be pollutants. Receptacles of Toxic Substances Article 7 – Empty receptacles, containers, portable tanks and land or rail wagons which have been used to carry toxic substances shall be treated as harmful substances unless all necessary measures are taken to ensure that they do not contain any residue which may be dangerous to the marine environment. Drinking and Using Water Article 8 – Boats, motors and similar vessels operating with fuel oil shall not be allowed to be used in rivers, lakes and artificial lakes from which drinking and using water is obtained. Sailing vessels, row boats, accumulator-powered vessels, and rafts shall be allowed. However, in circumstances where this is necessary, boats, motors and similar vessels operating with fuel may be allowed for the transport of people or cargo only. It is forbidden to discharge into the drinking and using water tank any waste water or ballast and bilge water which may come into being on vessels which are used for this purpose even if it is treated. Water Products Article 9 – Cultivation of water products in open seas in connection with fishing, and redischarging of fish, sponge and other water product wastes, shall not be subject to permission other than in ports, bays and gulfs. Excavation and Other Operations Article 10 – It is forbidden to make discharges from ships and other maritime vessels into the sea and shores for the purpose of disposing of excavation waste, debris, materials dreged from the sea bottom, sludge and similar wastes, except for special permission granted and practices allowed by other relevant laws. Life Saving Article 11 – Provisions of other laws shall be taken into consideration for ships and other maritime vessels deliberately polluting the places mentioned in Article 2 of this Regulation for the purpose of life saving. SECTION TWO ADMINISTRATIVE AUTHORITIES EMPOWERED TO IMPOSE FINES Greater City Municipalities Article 12 – The fines for polluting the shores, straits, ports, gulfs, lakes and rivers within the boundaries of a greater city shall be imposed by the Municipality of that greater city. Coast Guard Commands Article 13 – The fines for acts of pollution committed outside port boundaries and in the seas outside the boundaries of a greater city shall be imposed directly by the Coast Guard Command concerned. Civil Governors Article 14 – The fines for acts of pollution committed in seas within port boundaries and in all lakes and rivers outside the boundaries of greater city municipalities shall be imposed by the highest civil governor of the place. Inspection, Monitoring and Communication Article 15 – The authorities empowered to impose administrative fines shall constantly perform inspection and monitoring from the air, from the land and from the sea in places covered by this Regulation and take all necessary measures for inspection, monitoring and communication. SECTION THREE ADMINISTRATIVE FINES TO BE IMPOSED ON SHIPS AND OTHER MARITIME VESSELS Fines Article 16 – In accordance with Article 22 of Law No. 2872 dated 9 August 1983, as amended by Law No. 3301 dated 4 June 1986, administrative fines shall be imposed in the event of failure to comply with the ban on pollution: A- On tankers discharging dirty ballast, in the amount of: a) TL 5 million for those with up to 1,000 gross tons; b) TL 10 million for those with 1,000 to 5,000 gross tons; c) TL 50 million for those with over 5,000 gross tons; B- On tankers and all other ships in the event that they discharge all types of waste or bilge water or that ships other than tankers evacuate dirty ballast, in the amount of: a) TL 5 million for those with 18 to 1,000 gross tons; b) TL 10 million for those with over 1,000 gross tons; and c) TL 300,000 for ships with up to 18 gross tons and for non-ship maritime vessels polluting the sea or evacuating bilge water (excluding exhaust pollutions by vessels with a two-stroke engine fitted astern or an engine fuelled by gasoline mixed with oil). SECTION FOUR INSPECTION AND DETERMINATION TEAMS Inspection and Determination Team Article 17 – The authorities empowered to impose administrative fines shall duly appoint a sufficient number of Inspection and Determination Teams to inspect and determine pollutions caused by ships and maritime vessels. Each such team shall be composed of at least two persons who are specialised in this field. Inspection and determination teams shall operate continuously. Coordination related to the duties of inspection and determination teams shall be provided by the highest civil governors of the place. Duties of Inspection and Determination Teams Article 18 – In the event of a report, suspicion or actual observation of any pollution: a) To reach the place of pollution by the fastest means of transport; b) To determine the cause of pollution; c) To compile information concerning the ship or other maritime vessel in accordance with the annexed forms; d) To identify the pollution by means of photographs, films or video shooting; e) To take the required samples from the polluted places and the pollutant; f) To submit the samples they have taken to the specified competent standard laboratories without delay and to receive the results; g) To draw up an official report indicating the actions taken and the causes of pollution; and h) To deliver the official report drawn up, the relevant forms, photographs, films, video cassettes, samples and reports to the authorities empowered to impose administrative fines to which they are subordinated. Transport for Inspection and Determination Article 19 – The authorities empowered to impose administrative fines shall take all necessary measures for the Inspection and Determination Teams to reach the place of pollution by the fastest means of transport. Providing Information Article 20 – The highest civil governors of the place shall communicate information regarding the inspection and determination actions of the Inspection and Determination Teams to the Directorate-General for the Environment on a monthly basis. SECTION FIVE DETERMINATION OF THE OFFENCE Determination of the Offence Article 21 – In determinations to be made by an Inspection and Determination Team in the place of pollution: A- Where the polluting ship or other maritime vessel is on location: a) The polluted place and the pollutant shall be determined with a sufficient number of photographs, films and video shootings; b) A sufficient amount of samples shall be taken from the polluted place and the pollutant; c) The samples taken shall be placed in special receptacles and they shall be sealed; d) Form (A) or (B) shall be filled in according to the tonnage of the ship or other maritime vessel; e) The samples taken shall be sent without delay to the nearest competent standard laboratory for analysis; f) The samples taken shall be immediately evaluated in the standard laboratory, and the result communicated in a report; and g) A determination report shall be drawn up. B- Where the polluting ship or other maritime vessel has left the place of pollution but remains within Turkish territorial waters, free zones or exclusive economic zones: The authorities empowered to impose administrative fines in the place of pollution shall: a) Determine the polluted place with a sufficient number of photographs; b) Take a sufficient amount of samples from the polluted place; c) Place the samples taken in special receptacles, seal them, and label them indicating the date, time and place of taking samples; d) Immediately send the samples taken to the nearest competent standard laboratory for analysis; e) Draw up a determination report; and f) Notify the situation without delay to the office empowered to impose administrative fines in the place where the polluting ship or other maritime vessel is located for the implementation of a fine against it. The authority empowered to impose administrative fines in the place where the ship or other maritime vessel is located shall: a) Make a determination with photographs; b) Take a sufficient amount of samples from the pollutant; c) Place the samples taken in special receptacles, seal them, and label them indicating the date, time and place of taking samples; d) Send the samples taken to the neasert competent standard laboratory for analysis; e) Fill in form (A) or (B) according to the tonnage of the ship or other maritime vessel; and f) Draw up a determination report and have it signed by those concerned. C- Where the polluting ship or other maritime vessel has left the place of pollution and is outside Turkish territorial waters, free zones and exclusive economic zones: The authorities empowered to impose administrative fines in the place of pollution shall: a) Determine the polluted place with a sufficient number of photographs; b) Take a sufficient amount of samples from the polluted place; c) Place the samples taken in special receptacles, seal them, and label them indicating the date, time and place of taking samples; d) Send the samples taken to the nearest competent standard laboratory for analysis; e) Draw up a determination report; and f) Notify the incident to the highest civil governor of the place. Determination Report Article 22 – The determination report shall be drawn up indicating the cause of the pollution, the area of pollution, the density of the pollution, the ship or other maritime vessel that caused the pollution, those who are responsible for the pollution, and the date of the incident. The determination report shall be signed by those concerned. Exceptions to Determination Article 23 – It shall not be necessary to take samples and to make a determination with photographs, films and video shootings for instances of pollution caused by ships and other maritime vessels of up to 18 gross tons, taking the characteristics of the pollutants and the density of pollution into account. The Report to be the Basis Article 24 – Although it is necessary to take samples, photographs and films and to make a video recording for instances of pollution, it shall be sufficient to draw up a report for the determination of the offence. SECTION SIX PROCEDURES OF IMPOSING THE FINE Where the Polluting Ship or Other Maritime Vessel is in the Place of Pollution Article 25 – Upon the determination of an offence by the authorities empowered to impose fines: a) The specified fine shall be implemented; b) The fine shall be collected against a receipt from the person in charge of the polluting ship or other maritime vessel; c) In the event that the fine is not paid immediately and all at once, the person in charge of the polluting ship or other maritime vessel or its owner, operator, charterer, insurer, agent or other concerned organisation shall be required to provide a guarantee or suretyship; d) (Subparagraph amended by article 1 of the Regulation published in the Official Gazette on 4 November 2000 in its issue 24220) Cash, guarantee letters issued by banks, or Treasury bonds and bills, shall be acceptable as security. Where the Fine is not Paid and No Guarantee or Suretyship is Provided for the Fine Payable Article 26 – Ships or other maritime vessels that pollute within the boundaries of a greater city municipality shall be prohibited from navigation and operation by the Port Authority at the request of the greater city municipality. In seas outside the boundaries of other ports, the ships or other maritime vessels shall be taken by the Coast Guard Command to the nearest and most suitable port and delivered to the office of public prosecutor. In the case of a maritime vessel that is not self-propelled, the necessary report shall be drawn up and the situation communicated to the office of public prosecutor in the nearest province or district centre. In seas outside the boundaries of a greater city municipality but within port boundaries, ships or other maritime vessels in this condition shall be delivered by the port authority to the office of public prosecutor upon instructions by the highest civil governor of the place. Where a foreign ship or other maritime vessel is prohibited from navigation and operation, the authorities empowered to impose administrative fines shall without delay inform its flag state of the measures taken and the penalty imposed, through suitable means. Where the Polluting Ship or Other Maritime Vessel has Left the Polluted Place But Remains in Turkish Territorial Waters, Exclusive Economic Zone or Free Zones Article 27 – Concerning the fine specified for the polluting ship or other maritime vessel, the authority to impose administrative fines to which the situation has been notified shall take action in accordance with the procedures described in Articles 25 and 26 of this Regulation. Where the Polluting Ship or Other Maritime Vessel has Left the Place of Pollution and is Outside Turkish Territorial Waters, Exclusive Economic Zone or Free Zones Article 28 – The authorities empowered to impose administrative fines shall, through the Ministry of Foreign Affairs and Turkish representations abroad, communicate information regarding the determination of the offence and the fine to the flag state of the polluting ship or other maritime vessel and request that state to collect the fine from the polluter and pay it over. In the event of failure to pay the fine, a legal action against the polluter shall be brought at the Turkish Courts. Granting a Period of Time Article 29 – The provisions of Law No. 6183 Concerning the Procedure for the Collection of Public Receivables shall be implemented if the fine is not paid or a guarantee or suretyship not provided within a period of 15 days granted for a ship or other maritime vessel prohibited from navigation or delivered to the office of public prosecutor. In Other Places Article 30 – For instances of pollution caused by a ship or other maritime vessel in a natural or artificial lake or a river, the points in Articles 25 to 29 of this Regulation shall be implemented in determining the offence and imposing a fine. Transit Passage Article 31 – If the persons in charge of a ship or other maritime vessel causing pollution while making a transit passage through Turkish territorial waters do not want to wait for the period of time required for the determination of the offence, that ship or other vessel shall be allowed to continue its journey upon payment of the fine or provision of a guarantee or suretyship. Depositing of Fines Article 32 – Fines collected against a receipt shall within 20 days of collection be deposited by those responsible with the highest property directorate of the place. SECTION SEVEN RECEIPTS Issuing of Receipts Article 33 – Receipts to be issued for fines assessed against ships and other maritime vessels shall be carboned and in four copies in the colours of white, yellow, pink and green. Of these receipts, the white copy shall be issued for delivery to the person in charge of the ship or other maritime vessel against which the fine is assessed, the yellow copy for the authorities who have implemented the fine, the pink copy for being kept by the authorities empowered to impose administrative fines, and the green copy (attached to the stump of counterfoils) for being sent to the Directorate-General for the Environment. Form of Receipts Article 34 – The receipt shall include: a) The Accountancy of the Fund for the Prevention of Environmental Pollution, the Directorate-General for the Environment, the Prime Ministry, the Republic of Turkey; b) The Collection Receipt; c) The serial and record numbers; d) Sections for recording the place and the date; e) The name, surname (or business name), occupation and address of the party on whom the fine is imposed; f) The reason for the fine, the year to which it is related, its amount, its total; g) The institution imposing the fine; h) The section indicating the amount in words of the amount to be collected; i) The title of the issuing person and the signature part; j) The embossed stamp of the Directorate-General for the Environment. Keeping of Receipts Article 35 – Receipts shall be delivered to the civil governors, to the Coast Guard Command and to the greater city municipality, to be placed under their charge, in specified serials and indicating their amounts. The same procedure shall be implemented for receipts to be provided at the request of these authorities where the receipts previously provided do not meet the need. The copies delivered to the Directorate-General for the Environment shall also be delivered under charge. Examination of Receipts Article 36 – A commission made up of authorised representatives of the Ministry of Internal Affairs, the Ministry of Finance and Customs, the Coast Guard Command and the Directorate-General for the Environment shall be established for the examination of receipts. In January and July every year, this commission shall examine points such as whether the receipts were issued in accordance with the due procedure, the number of receipts and the amount of fines imposed. SECTION EIGHT MISCELLANEOUS PROVISIONS Reporting Article 37 – Individuals, organisations, and those who are on ships or other maritime vessels or on aeroplanes, must immediately report to the competent authorities any instances of pollution arising from ships or other maritime vessels in places covered by this Regulation which they see or become cognisant of. Entry into Force Article 38 – This Regulation shall enter into force on the date of its publication. Execution Article 39 – The provisions of this Regulation shall be executed by the DirectorateGeneral for the Environment. POLLUTION CONTROL FORMS: POLLUTION CONTROL FORM (A) FOR TANKERS OF 150 GROSS TONS OR GREATER AND FOR CARGO SHIPS OF 400 GROSS TONS OR GREATER Date : Day Month Year Time Location Latitude Longitude ........ ...... ...…... ...... ...... ........…. .…..... ....... Port/Sea/Lake/River Name: ......................................................................... Name: Call Sign Gross Tonnage Type ............. .................. ......…..…….. ………. Mooring Port Flag Owner Agent .............. ........ .............. ...….. .....….. Name and Surname of the Captain Name and Surname of the Chief Engineer ........................... .............................. Port of Departure Port of Destination Year of Building ...............…….... ............………..... ..............……… Hull Length Width Cargo Type and Amount .........……... .......... .......... ........……… Oil Record Book Available Not Available Oil Record Book Conformable Not Conformable Receiving Facility Where Engine Room Bilge Water was Last Delivered According to Oil Record Book Name Port Date ............ .......... .............. International Standard Available Not Available Discharge Connecting Flange ................ ..........……... (1) Receiving Facility Where Dirty Ballast was Delivered According to Oil Record Book Name Port Date ......... ........... .......... - Where Engine Room Bilge Water was Pumped with 15 P.P.M. Bilge Water Separator According to Oil Record Book Location Date ............... ............ - Where Ballast was Discharged with 15 P.P.M. Oil Discharge Monitor According to Oil Record Book Location Date ................. ............ (2) Bilge Water Separator Available Not Available If not available, Exemption Certificate ................ .……............. (3)If Exemption Certificate Available, Holding Tank Capacity ...................... Existing Amount of Bilge Water in Holding Tank .............................. Facility to which Bilge Water was Given Name ........... Date .......... - I.O.P.P. Certificate of Ship Available.......... Not Available......... (4)System Neutralising Sewage Available.......... Not Available.......... - If this system not available, Fixed or Portable Sewage Tank or Similar Installations for Discharge into Receiving Facilities in Ports Available .......... Not Available......... - Cargo Unloaded or Loaded at Last Port Type ......... Amount ......... - Any System Disposing of Dry Wastes by Grinding or Burning Them Available .......... Not Available............ - If no such system available, Measures to Deliver Dry Wastes to Receiving Facilities in Ports Without Damage to Environment Taken......... Not Taken ........ - Last Port at which Dry Wastes were Delivered Name.......... Date........... - On Ships Carrying Toxic Liquids in Bulk, Records Duly Made in Cargo Record Book Yes........ No....... (5) "Cow" System on Tanker Available........ Not Available........ (6) Separated Ballast Tank on Tanker Available........ Not Available.......... Harmful Substances Carried by Sea in Packaging and in Containers, Portable Tanks or Land or Rail Tank Wagons Packaging ................ Stacking ............... Labelling ............. Marking ..........……. Documentation............ Notification (6) ......... Conformable..................... Not Conformable................... Other Points : Head of Inspection Person in Charge of Ship and Determination Team or Other Maritime Vessel Name and Surname Name and Surname Signature Signature NOTES : (1) Applicable to tankers only. (2) If there is an exemption certificate instead of this on a ship without a bilge water separator, this certificate must be issued by the flag state of the ship or by an organisation authorised by the flag state. (3) Applicable to ships carrying or having ten or more members of personnel/passengers. (4) Applicable to new crude oil tankers of 20,000 DWT or greater and to crude oil tankers of 40,000 DWT or greater. Whether a crude oil tanker is new or old shall be checked from the I.O.P.P. certificate. (5) Applicable to tankers of 40,000 DWT or greater which carry processed oil and to new tankers of 30,000 DWT or greater which carry processed oil. Whether a tanker carrying processed oil is new or old shall be checked from the I.O.P.P. certificate. (6) The notification made by the competent Turkish authorities shall be taken as a basis. POLLUTION CONTROL FORM (B) FOR TANKERS OF LESS THAN 150 GROSS TONS AND CARGO SHIPS OF LESS THAN 400 GROSS TONS Date : Day Month Year Time Location Latitude Longitude ........ ...... ...……. ...... ..….. ...……... .…….... ...……..... Port/Sea/Lake/River Name: ......................................... Mooring Port Flag Owner Agent .................... .............. ................. …….. Name and Surname of the Captain Name and Surname of the Chief Engineer ........................... …………………............................. Port of Departure Port of Destination Year of Building .................... ...........………....... .........……......... Hull Length Width Cargo Type and Amount ........…..... ......... ..…...... .........……….... Place Date Where Engine Room Bilge Water was Last Discharged: ....... ........ Place Date Where Dirty Ballast was Last Discharged: ....... ........ Place Date Where Sewage Tank was Last Evacuated: ....... ........ Place Date Where Dry Wastes were Last Delivered: ....... ........ Measures Taken on Ship or Other Maritime Vessel for Dry and Liquid Wastes not to Pollute the Environment: Amount and Type of Liquid/Dry Wastes Currently Existing on Ship or Other Maritime Vessel: Sufficient Measures Taken/Not Taken for Sea/River/Lake not to be Polluted by Harmful Substances Carried as Cargo or Existing on Ship or Other Maritime Vessel, in Packaging and in Containers and Portable Tanks ………………….. Packaging, Stacking, Labelling, Marking, Documentation and Notification Conformable ( ) Not Conformable ( ) Other Points : Head of Inspection and Person in Charge of Ship or Determination Team Other Maritime Vessel Name and Surname Name and Surname Title/Rank Title Signature Signature