Turkey – Pollution Fines(2016) 19 January 2016 No.794 Download PDF (54KB) In our Special Circular (No.15-007) , we informed Members of the Turkish regulations and requirements of compliance as for the discharge of pollution materials in Turkish waters.   This article draws Members' attention to the latest tariff of the fines and supplementary information.   1.Determination of the pollution:   The authorities have the right to determine the pollution and impose a fine in line with the governing regulations. Taking samples, recording by photograph or by video are essential in the relevant regulations; however, in the article 10.5 of the relevant regulation, if the vessel has left the incident place and there is an actual impossibility,issuing a “determination minute” is sufficient to impose a fine. Such an exceptional rule gives an extensive right to the authorities and usually prevents obtaining a favorable result if an objection is filed against the fine before the administrative courts.   It is not a necessity for the authorities to obtain the signature of master to issue a determination minute. If the master refuses to sign the relevant minutes or refrains from taking delivery of the said documents, the authorities can go on with the proceedings and as a result,the vessel will be detained until the payment of the fine. Likewise, there is an exceptional rule for the authorities not to deliver the samples to the masters, if they refuse to get them.   2.Objection against the fine:   An objection can be filed against the fine before the administrative courts within 30 days as of the notification date of the penalty order. As you will understand from the explanations herein above,all evidence is collected by the authorities and it is nearly a fact that solely a determination minute would be enough to impose the fine. The owners therefore cannot avoid the strict liability by proving that they have exercised all care in order to prevent the