The scoping process is conducted upon public participation meeting. This is the
only extensive meeting required throughout the EIA process which aims to inform
the public and receive corresponding questions and suggestions related to the
planned project (2014 EIA By-Law, Article 9). The Commission should identify the
environmental impacts to be addressed by the EIA Report according to the main
headings in the EIA General Format which is provided in Annex III of the EIA
By-Law. The scoping process involves the preparation of a Special Format which
includes the details to be addressed by the EIA Report by taking into consideration
the concerns and recommendations expressed during the public participation
meeting. The Commission determines the issues to be included and excluded from
the format and assigns a working group to prepare the Special Format. There is a
need to conduct the scoping and special format determination phase in a much more
systematic manner in order to ensure the coherence and uniformity of EIA Reports
as well as to conduct a more thorough examination and assessment process. Due to
their significance, cumulative impact assessments can be integrated into the scoping
phase. In the EIA By-Law, cumulative impact assessment is not compulsory but
there is no legal impediment to incorporate the requirement to conduct a cumulative
impact assessment in the EIA Report (Boşça-Hamamcı, 2013: 46).
The Special Format designed for each project proposal is valid for only eighteen
months (2014 EIA By-Law, Article 10/4). In other words, the decision taken at the
end of the scoping process obligates the Qualified EIA Agencies to prepare and
submit the EIA report to the MoEU for examination and assessment within eighteen
months. If the EIA Report is not prepared within this period of time, the entire
application will be void.
5.3.3 The EIA Report and Its Legal Nature
The EIA Report is defined as “the report to be prepared in accordance with the
predetermined special format for a project shown in Annex I list of EIA By-Law or
such projects for which ‘EIA is Required’ decision has been given by the Ministry”
(EIA By-Law Article 4/1 (e)). There is no further clarification about the content of
the EIA Report in the EIA By-Law to identify its legal characteristics.
In the Turkish EIA system, the EIA Report is prepared by the Qualified EIA
Agencies, whereas in some other countries the administrative authorities prepare it. In
order to qualify to prepare the EIA Report, a Certificate of Competence should be
obtained from the Ministry of MoEU (2014 EIA By-Law, Article 26). Qualified EIA
Agencies are responsible for preparing the EIA Report in accordance with the special
format, which includes the necessary information about the planned project and its
impacts; the evaluation and documentation of the possible impacts; and the project
owner’s commitments to avoid or eliminate the possible negative impacts of the project.
The EIA Report provides information and guidance to the administrative body
which is in the position to give environmental clearance for the projects. It constitutes a preparatory transaction which is taken into consideration by the
5 Environmental Impact Assessment in Turkey: …
91
only extensive meeting required throughout the EIA process which aims to inform
the public and receive corresponding questions and suggestions related to the
planned project (2014 EIA By-Law, Article 9). The Commission should identify the
environmental impacts to be addressed by the EIA Report according to the main
headings in the EIA General Format which is provided in Annex III of the EIA
By-Law. The scoping process involves the preparation of a Special Format which
includes the details to be addressed by the EIA Report by taking into consideration
the concerns and recommendations expressed during the public participation
meeting. The Commission determines the issues to be included and excluded from
the format and assigns a working group to prepare the Special Format. There is a
need to conduct the scoping and special format determination phase in a much more
systematic manner in order to ensure the coherence and uniformity of EIA Reports
as well as to conduct a more thorough examination and assessment process. Due to
their significance, cumulative impact assessments can be integrated into the scoping
phase. In the EIA By-Law, cumulative impact assessment is not compulsory but
there is no legal impediment to incorporate the requirement to conduct a cumulative
impact assessment in the EIA Report (Boşça-Hamamcı, 2013: 46).
The Special Format designed for each project proposal is valid for only eighteen
months (2014 EIA By-Law, Article 10/4). In other words, the decision taken at the
end of the scoping process obligates the Qualified EIA Agencies to prepare and
submit the EIA report to the MoEU for examination and assessment within eighteen
months. If the EIA Report is not prepared within this period of time, the entire
application will be void.
5.3.3 The EIA Report and Its Legal Nature
The EIA Report is defined as “the report to be prepared in accordance with the
predetermined special format for a project shown in Annex I list of EIA By-Law or
such projects for which ‘EIA is Required’ decision has been given by the Ministry”
(EIA By-Law Article 4/1 (e)). There is no further clarification about the content of
the EIA Report in the EIA By-Law to identify its legal characteristics.
In the Turkish EIA system, the EIA Report is prepared by the Qualified EIA
Agencies, whereas in some other countries the administrative authorities prepare it. In
order to qualify to prepare the EIA Report, a Certificate of Competence should be
obtained from the Ministry of MoEU (2014 EIA By-Law, Article 26). Qualified EIA
Agencies are responsible for preparing the EIA Report in accordance with the special
format, which includes the necessary information about the planned project and its
impacts; the evaluation and documentation of the possible impacts; and the project
owner’s commitments to avoid or eliminate the possible negative impacts of the project.
The EIA Report provides information and guidance to the administrative body
which is in the position to give environmental clearance for the projects. It constitutes a preparatory transaction which is taken into consideration by the
5 Environmental Impact Assessment in Turkey: …
91