Pollution Fines in Turkish Waters

Abstract

Turkey considers sea pollution emanating from ships as a major threat to its waterways, and especially the Turkish Straits system. Therefore in Turkey the requirements of regulations concerning pollution caused by ships are very stringent. Fines are applied to tankers, ships and other sea-going vessels in cases where sea pollution is caused are set forth by the Environmental Act. The procedures for establishing sea pollution and the imposition of administrative fines are promulgated by the “Regulation on Determination of Breaches and Imposition and Collection of Administrative Fines as per the Environmental Law (“RDBCAF).”1 Under RDBCAF, direct or indirect discharge of ballast, bilge water, or any kind of pollutant, is prohibited within Turkish territorial waters, free and exclusive economic zones, internal waterways, streams, lakes, canals etc. The regulation, however, does not detail the actions which cause pollution or count the types of pollutants. The liability of the pollutant is strict, that is regardless of culpability