Turkey suffers from an ecological crisis at Marmara Sea, an inland sea that connects the Black Sea to the Mediterranean Sea. For more than six months, industrialized coasts of Marmara Sea have been covered in a thick layer of glop, known as “sea knot” or mucilage. The culprit appears to be pollution and warmer temperatures. In response, Turkey implemented many policies in order to curb pollution and stem further degradation.

On 12 June 2021, Turkey introduced the Regulation on Environmental Inspection. The new regulation touches on many areas, but most importantly, inspection of marine pollution caused by vessels is also included to the scope.

A dedicated inspection team will be formed by municipalities and monitoring of sea surface will be increased by land, sea and air support.

It was a known fact that some of the pollution fines were being cancelled by courts due to mistakes in taking samples and collecting or analyzing the evidences. To overcome these, the Regulation introduces eased rules.

The previous regulation was being interpreted as such that video footage or aerial photos alone were not enough for imposing a fine and “fingerprint analysis of the polluted area and the alleged source should support such findings. In the absence of matching analysis record, the visual evidences were not accepted as concrete and conclusive evidence and the courts tended to set aside the imposed fines.

Now, the Regulation expressly provides in case the visual evidence is recorded in accordance with the rules, taking of samples is not required in order to levy fines on the polluting vessels. That being said, it is still required to take samples if determining the type of pollutant is not possible with visual evidence.

The Regulation reiterates the position concerning the Club LoUs, which is still being regarded as a valid security to refrain from detaining the polluting vessel. However, if the vessel interests fail to provide security or make timely payment, the vessel will be detained for an indefinite time and can be sold via a public auction, if necessary.

Shipowners and P&I Clubs shall expect tighter monitoring and care must be taken in complying with the local rules and Club recommendations/guidance to avoid significant pollution fines.
Source: Cebioglu Attorneys