4. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP
4.27. Chapter 27: Environment and climate change
The EU promotes strong climate action, sustainable development and protection of the environment. EU law contains provisions addressing climate change, water and air quality, waste management, nature protection, industrial pollution, chemicals, noise and civil protection.
Turkey is moderately prepared in the area of environment and climate change. In the past year, there was some progress, mainly in aligning environmental legislation, whereas enforcement remains weak, especially on waste management and industrial pollution. There is considerable room to improve the way horizontal legislation is implemented. Poor implementation of court rulings on environmental issues is causing public concern. More ambitious and better coordinated environment and climate policies still need to be established and implemented. Strategic planning, substantial investment and stronger administrative capacity are required as well. In the coming year, Turkey should in particular:
→ further build up its strategic planning on climate action, and start implementing its contribution to the expected 2015 Paris climate agreement;
→ ensure correct implementation of the environmental impact assessment legislation;
→ ensure its alignment with EU legislation on public participation and the public’s right to environmental information, as well as on the monitoring and reporting of greenhouse gas emissions.
Turkey amended its environment horizontal legislation in November 2014 by introducing environmental impact assessment requirements for projects started after May 2013. Civil society remains critical of the inadequate level of public consultations and of procedural requirements. Several cases are being challenged in court, including the Akkuyu nuclear power plant and micro-hydro power plants. Procedures for transboundary consultations have not been aligned with the acquis. Turkey has not yet sent to the relevant Member States its draft for general bilateral agreements on environmental impact assessment cooperation in a transboundary context. Alignment with the Strategic Environmental Assessments Directive is
still pending. Provisions on access to information, public participation and access to justice in environmental matters established in the UN Economic Commission for Europe Aarhus Convention also have yet to be aligned with. This would in particular provide a clear framework for solving ongoing disputes on investment decisions with substantial impacts on the environment and climate change.
National air quality legislation still needs to be adopted in line with the current directives on ambient air quality, national emissions ceilings and volatile organic compounds. Severe air pollution in some cities has been reported. Local clean air action plans have to be prepared.
Waste management implementing legislation aimed at aligning with the Waste Framework
Directive was adopted in April. Implementing legislation aligning with the Mining Waste Directive was also adopted in July. Work has continued to bring waste treatment facilities up to EU standards. Sorting, recycling, medical waste treatment capacity and hazardous waste recycling have increased. Further work is needed on separate collection of different types of waste and on reducing biodegradables. The requirement to prepare and implement waste management plans, stemming from the EU Waste Framework Directive, has not yet been met. A national recycling strategy and action plan were adopted by the Higher Planning Council in December 2014.
In the area of water quality, the preparation of river basin management plans is under way. Transboundary consultations on water issues with neighbouring countries are still at an early stage. Wastewater treatment capacity has increased as a result of continuous investment. Institutional restructuring under the 2014 metropolitan municipality law, which is expected to improve implementation of environmental legislation such as the urban waste water directive, poses organisational, financial, and coordination challenges.
Framework legislation on nature protection, the national biodiversity strategy and action plan have not yet been adopted. The regulations allowing development in wetlands, forests and natural site areas are still not in line with the acquis. The draft nature protection law needs to be made compliant with the acquis. It is crucial that implementing legislation also be adopted on time to avoid any legal vacuum, as the draft currently envisages repeal of the national parks law. The potential Natura 2000 sites have not yet been identified. Investments in hydropower need to ensure compliance with environment legislation, especially in areas of high natural value.
As regards industrial pollution control and risk management, legislation implementing the Industrial Emissions Directive still needs to be adopted. Investigations into the causes of the two major mining accidents in Soma and Ermenek in 2014 revealed serious risk management shortfalls regarding both delivery of initial permits given to the mining companies and the inspection and monitoring of the mining operations by the relevant authorities. Several court cases are under way.
On chemicals, alignment with the EU's Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals is still pending, although minor parts of it have been implemented.
Legislative alignment in the field of noise is well advanced.
On the EU Civil Protection Mechanism Turkey will become a participating state once ratification is completed. It needs to establish a disaster management strategy focused on reducing and managing the risks of man-made and natural disasters and to set up an emergency system, linked to the EU’s, to communicate on and share information about disasters. Stepping up action and capacity to reduce disaster risks could cut accident losses.
On climate change, Turkey submitted in September 2015 its intended nationally determined contribution to the expected 2015 Paris climate agreement. Regarding alignment with the EU climate acquis, Turkey is preparing to set up and implement a monitoring, reporting and verification system, and build up its capacity on land use, forestry and fluorinated gases. Turkey has to develop a comprehensive policy and strategy consistent with the EU 2030 framework. It needs to become consistent with the EU 2030 framework and it should be well- integrated into all relevant sectoral policies. The country needs to further develop its carbon market mechanisms. As priority, Turkey needs to align with the EU Monitoring Mechanism Regulation and ensure that it improves the capacity to implement the expected 2015 Paris climate agreement. Awareness-raising of the need for climate action needs to be considerably improved.