<<CIRCULAR>> (TO : ALL P&I CLUBS)

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1 Dear All, Please find our circular letter related with the "Pollution Matters in Turkiye", submitted for your kind info. VITSAN AS, ISTANBUL Tel : Fax: / Address: Bilezik Sokak No : Findikli-ISTANBUL ============================================================================= ============================================ <<CIRCULAR>> (TO : ALL P&I CLUBS) Concern of Turkiye as regard to discharge of ship s ballast water resting 1990s. The latest investigations carried out by the Scientific and technological Research Council of Turkiye (TUBITAK) and Marmara Research Centre (MRC) and Environment Institute (EI) revealed that Turkiye and other Black sea coastal States experienced the deleterious consequences of the introduction of harmful organisms transferred by the ship s ballast water. In this respect, Turkiye started a pilot implementation project on Iskenderun Bay (BOTAS Harbour Master area) situated on the eastern Mediterranean coast of Turkiye. The basic idea for the project is that, it was required that all ships calling Iskenderun Bay should undertake ballast water exchange en route in water over 50/200 nautical miles from the nearest land and 200 meters depth before entering the port with respect to regulation B-4 of the Ballast Water Management Convention (BWM Convention) after November 2009 Turkish port authorities are going to start routine inspections and take water samples from ballast tanks of the ships, which could not or did not make ballast water exchange before entering the port. The inspections will be conducted without causing any undue delay. No ships will be detained because of ballast water management deficiencies. Two national trainings were held with Port State Control Officers for ballast water sampling techniques in collaboration with TUBITAK. Also relevant ballast water sampling equipment was provided. After analysis of the ballast water samples, if a threat of invasive species will be determined then the route of this ship will be decided as a high risk route. The Turkish maritime authority will decide a ban for all ships coming from that high risk route and exchange or treatment of ballast water will be a requirement for all ships coming from that route. It is also required that all ships should fill in the ballast water reporting forms before entering the ports. The agents of the ships will upload these forms to the Turkish Ballast Water Reporting Web System.( Copy attached) The ships are not going to be permitted to enter the ports without declaring the ballast water reporting forms. Following precautions recommended to be taken by the ship s crew for guidance purpose only and must not limit the precautions to be taken which may vary from vessel to vessel depending size, type, age, etc.

2 1) All Deck Scuppers to be plugged and secured. 2) Accommodation : All drain holes inside the accommodation including galley, pantry, all shower rooms and toilets' drain holes to be closed and also all Gate Valves to be closed. Fresh Water supply to be limited to Designated Shower Rooms with Drainage to Sewage Tank. 3) If directly connected to sea then all Public Toilet's Washing Basins sealed, with Chief Officer's signature on sealing tape. 4) All Laundry Rooms to be locked. 5) Crew meeting and instructions to be recorded. 6) All outlets to be checked periodically, to be sure that no discharge found, except cooling outlets for M/E generators etc. 7) All outboard valves in Engine Room and Cargo Holds to be shut & sealed, with Numerical Seals, which has to be broken when using those valves. Records for changing of seals to be made available. 8) Ship Sanitary Tank Discharge valve to be locked. 9)Seawage / sanitary system to be closed. Ship sewage tank discharge valve to be closed and locked. 10) All direct overboard outgoing lines to be closed and sealed. 11) No cleaning/washing to be made at weather deck. 12) No painting to be made on decks etc. 13) All garbages was secured. 14 ) Any other issue regarding dropping anything over board to be checked and to be prevented as applicable All above to be recorded in Deck Log Book. Local agents recommendations (if any ) regarding pollution prevention to be assessed and followed as applicable Above given without prejudice. In addition to the above, we herebelow submit our "format letter" which we use for the pollution matter in Turkiye, for your ready ref: Meanwhile, we submit the following general info, for your kind info. As a short/general info: As will be appreciated the relevant Laws and Regulations are very strict and unless/until the fine is paid the vessel is detained. Although opposition to the fine is possible by filing a court case at the Administrative Court within (30) days from the incident through a Lawyer, in cases where the pollution is observed/established by the Authority themselves, there is very little chance of success in an appeal; this is to say even if a court case concludes in our favour it will be settled in Turkish Liras without any interest and to collect the fine amount another court case must be filed againts the Authority, hence not advisable to pursue considering it will take 1-2 years minimum to conclude.

3 In addition to the above, any appeals do not stop execution and collection of the fine as per law. As per the relevant Law, in case of the repetition of the pollution offence by the same ship within 3 (three) years time; - At the first repetition, the fine amount is increased by one time more, and, - At the second and more repetition the fine is calculated and imposed twice as much. In case of discharge of any dangerous substances or disposals to sea, the fine will be calculated 10 (ten) times as much taking the category of Petrol and Petroleum Products fines as basis. Please also find herebelow the New Tariff for the year 2010, for your info. THE NEW POLLUTION FINES IN TURKIYE AS OF 1/1/2010 UP-TO 31/12/2010 Petrol and Petroleum products discharged to sea by tankers: 1. Up to 1000 (inclusive) gross tons: Per Ton* : TL 2. Between 1000 and 5000 (inclusive) gross tons: Per Ton* : TL 3. Over 5000 gross tons: Per Ton* : 1.29 TL Dirty ballast discharged to sea by tankers: 1. Up to 1000 (inclusive) gross tons: Per Ton* : TL 2. Between 1000 and 5000 (inclusive) gross tons: Per Ton*: 7.92 TL 3. Over 5000 gross tons: Per Ton* : 1.29 TL Petrol/Petroleum products and dirty ballast discharged to sea by vessels or any other sea vehicles: 1. Up to 1000 (inclusive) gross tons: Per Ton* : TL 2. Between 1000 and 5000 (inclusive) gross tons: Per Ton* : 5.28 TL 3. Over 5000 gross tons: Per Ton* : 1.29TL Garbage and sewage discharged to sea by vessels and any other sea vehicles: 1. Up to 1000 (inclusive) gross tons: Per Ton* :13.21 TL 2. Between 1000 and 5000 (inclusive) gross tons: Per Ton*: 2.62 TL 3. Over 5000 gross tons: Per Ton* : 0.52 TL We herewith submit the relevant provisions of Turkish Penal Code which is started to be applied in practice since the second half of Turkish Criminal Code Law No Passed On

4 Official Gazette Date: Official Gazette No: SECOND SECTION Offenses Against Environment Intentional pollution of environment ARTICLE 181-(1) Any person who intentionally drains refuses or wastes to the ground, water or air contrary to the technical procedure defined in the relevant laws and in such a way to cause environmental pollution, is punished with imprisonment from six months to two years. (2) Any person who engages in transfer of refuses or wastes into the country without permission is punished with imprisonment from one year to three years. (3) The punishment to be imposed according to the above subsections is doubled if the wastes or refuses are observed to have remaining affect in the ground, water or atmosphere. (4) In case of commission of offenses defined in first and second subsections by processing of refuses or wastes in such a way to result with incurable disease both in human and animals, or deterioration of fertility and change natural characteristics of animals and plants; the offenders are punished with imprisonment not less than five years and also imposed punitive fine up to thousand days. (5) Regarding the offences stated in subsection two, three and four of this article; special security precautions shall be taken for the legal persons / corporate bodies. Pollution of environment by negligence ARTICLE 182- (1) Any person who drains refuses or wastes to the ground, water or atmosphere by negligence in such a way to cause environmental pollution, is imposed punitive fine. Where the refuses or wastes are observed to have remaining affect in the ground, water or atmosphere, punishment of imprisonment is imposed from two months to one year. (2) Any person who involves in draining of refuses or wastes to the ground, water or atmosphere by negligence in such a way to cause incurable disease both in human and animals, deterioration of fertility and change of natural characteristics of animals and plants, is punished with imprisonment from one year to five years. Effectiveness ARTICLE 344- (1) In this Code; a).. SECTION NINE Final Provisions b) First subsection of Article 181 under the heading Intentional pollution of environment and first subsection of Article 182 under the heading Pollution of environment by negligence comes into force after two years as of the date of publications (which means on ) c) Other provisions come into force on 1 June 2005.

5 In view of above please liaise with the Owners/Members to instruct the Agents to effect the fine payment to the Authority and provide the Agents with necessary funds, benefitting 25% reduction and securing the Vessel's release and sailing asap, upon completion of the Vessel's operation. Please be advised and advise and will keep you advised. We hope the above will assist and if we hear/obtain any further info in this respect will revert with same asap. Best regards, VITSAN AS, ISTANBUL Tel : Fax: / Address: Bilezik Sokak No : Findikli-ISTANBUL

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