Chapter 27: Environment and climate change

In October 2013, Turkey amended again its horizontal legislation on the environment in a way that was not consistent with the requirements of the Environmental Impact Assessment (EIA) Directive, by introducing additional exemptions to the EIA. Several large infrastructure projects are excluded from national EIA procedures, such as micro hydropower plants and the third bridge on the Bosphorus. The Constitutional Court annulled two amendments introducing exemptions to investments from environmental legislation which were not in line with the acquis. Procedures for trans-boundary consultations have not been aligned with the acquis and Turkey has not yet sent its draft for general bilateral agreements on EIA cooperation in a trans-boundary context to the relevant Member States. Alignment with the Strategic Environmental Assessments Directive is under way. Turkey should align with related acquis on access to information, public participation and access to justice in environmental matters (UNECE Aarhus Convention related), which would enhance public participation and provide a clear framework for solving ongoing disputes on investment decisions with substantial impacts on environment and climate change.

In the area of air quality, national legislation needs to be adopted in line with the directives on ambient air quality, national emissions ceilings and volatile organic compounds.

In the field of waste management, work has continued to bring landfill facilities up to EU standards. Sorting, recycling and medical waste treatment capacity has increased. Further work is needed on separating collection and reducing biodegradables. Requirements on preparation and implementation of waste management plans, stemming from the EU Waste Framework Directive, have not yet been met. Legislation for alignment with the Mining Waste Directive needs to be adopted.

In the area of water quality, the conversion of the river basin protection action plans into river basin management plans is ongoing. An implementing law on surface and groundwater monitoring aimed at increasing acquis alignment was adopted in February. A National Basin Management Strategy (2014-2020) has been adopted. Trans-boundary consultations on water issues with neighbouring countries are still at an early stage. The wastewater treatment capacity has increased as a result of continuous investment. The new Metropolitan Municipality Law came into force in March and is expected to improve the implementation of certain environmental directives such as the Urban Waste Water Directive.

Framework legislation on nature protection, the national biodiversity strategy and action plan still have to be adopted. The draft Nature Protection Law is not in line with the EU acquis. If adopted without implementing legislation, the law would repeal the National Parks Law, causing a legal vacuum. The potential Natura 2000 sites have not yet been identified. Turkey has adopted a series of laws allowing investments in wetlands, forests and natural site areas, which is not in line with the acquis.

As regards industrial pollution control and risk management, legislation implementing the Industrial Emissions Directive needs to be adopted. An implementing law on preventing and mitigating the effects of large industrial accidents, aiming to increase alignment with the ‘Seveso II’ Directive, was adopted in December. As regards chemicals, legislation needs to be adopted to implement the Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals. A law on classification, labelling and packaging of substances and mixtures, aiming to increase alignment with the acquis, was adopted. Legislative alignment in the field of noise is well advanced.

Turkey started discussions on participation in the EU Civil Protection Mechanism. A new law on disasters and emergency response was adopted in December.

Turkey’s national climate change action plan lacks an overall domestic greenhouse gas emissions reductions target. Turkey, which has a high level of emissions, has not yet put forward a greenhouse gas emissions reduction target. At international level Turkey’s special circumstances were recognised under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. In December 2013, Turkey submitted its fifth national communication to the UNFCCC, which however lacks greenhouse gas projections for the country. Turkey recently initiated preparations for putting forward its intended nationally determined contribution to the 2015 Climate Agreement, which needs to be completed by the first quarter of 2015 and be consistent with those of the EU and its Member States. Turkey should start reflecting on its climate and energy framework for 2030, in line with the expected EU policy framework on climate and energy.

As regards alignment with climate acquis, legislation has been adopted to align with the Fuel Quality Directive. Preparations are ongoing to set up and implement a monitoring, reporting and verification system, and build capacity regarding land use, land use change and forestry, and fluorinated gases. Turkey signed an agreement with the World Bank on a capacity- building support programme to pilot greenhouse gas emission monitoring, reporting and verification in the electricity sector and on technical capacity transfer to Turkey on carbon markets. The lack of an overall greenhouse gas emissions target however constitutes a barrier to further development of Turkey’s carbon market mechanisms. Similarly, the lack of comprehensive and scientific research on the impacts of climate change in Turkey limits the integration of adaptation measures to sector policies and is a reason to underestimate the consequences of changes in climatic conditions. Turkey participated regularly in the Environment and Climate Change Regional Accession Network (ECRAN) project. More events on climate-related issues are being organised, but awareness-raising on climate action still needs to considerably improve.

The re-establishment of a dedicated Climate Change Department within the Ministry of Environment and Urbanisation is a positive step for administrative capacity. Better complementarity needs to be found between this ministry and other concerned ministries regarding the environment, climate and development agendas. Further work is needed to strengthen cooperation and coordination between various institutions with responsibilities in the fields of environment and climate change.

Conclusion

Turkey has made some progress in aligning legislation in the fields of environment and climate change, whereas enforcement remains weak. While a stronger political commitment and re-establishment of regular policy dialogue on environment and climate change would help accelerating the alignment with and implementation of the acquis, the real challenge remains to conciliate growth and environmental concerns. More ambitious and better coordinated environment and climate policies still need to be established and implemented. Changes to legislation on EIA and nature protection raise serious concerns. Strategic planning, substantial investments and stronger administrative capacity are required. The country needs to put forward by the first quarter of 2015 its intended contribution to the 2015 Climate Agreement. Cooperation with civil society and other stakeholders needs to be strengthened. Preparations in the areas of environment and climate change are still at an early stage.