date of its accession, Turkey could be able to effectively apply all EU environmental acquis consisting of a wide range of legal documents.
However, besides its administrative and financial challenges, this roadmap
which will prepare Turkey for EU membership also raises significant challenges
with respect to the approximation of existing environmental legislation. In fact, it
requires the full transposition of the EU environmental acquis in a relatively short
time, while many aspects of Turkey’s legislation on environmental issues differ
from EU law, so it is not possible to expect the complete adoption of the acquis as a
short-term prospect.
Despite these challenges, Turkey started to make progress in terms of its
transposition of the environmental acquis through the support of the EU and relevant projects generated within the scope of the Turkey-EU Financial Cooperation.
8
Indeed, the following developments provide examples of this progress:
• A new By-Law on Environmental Impact Assessment (EIA) (OJ No. 25318),
amending almost all provisions of the Directive on Environmental Impact
Assessment, was adopted, except for a few troublesome areas such as procedures for public and transboundary consultations. The By-Law on
Environmental Impact Assessment (EIA) has been amended eighteen times on
different dates since its first adoption (OJ No. 21489) in 1993, most recently in
2016 (No. 29619).
9
• Under the new Public Procurement Act (No. 4734), a positive Environmental
Impact Assessment Report (EIA) is required to launch public procurement
procedures (Article 5(6)).
• Under the Act on the Amendment of the Law for Establishment of Industrial
Zones and Organized Industrial Areas (Act No. 4737), a positive Environmental
Impact Assessment Report (EIA) is required before investment in industrial
zones (Art. 3). Through its amendment under Act No. 5195, with additional
articles (Art. 3A/3B), the way has also opened for decisions stating that ‘EIA is
not necessary’.
• In accordance with the EU acquis, during this period there were also many
amendments to many laws and the creation of new ones, such as the
Municipalities Act No. 5393 (2004), the Consumer Protection Act
No. 4077 (amended in Act No. 4822 in 2003), the Animal Protection Act
No. 5199 (2004), and the Act on Protection of Cultural and Natural Property
No. 2863 (amended in Act No. 5226 in 2004).
10
8
For the relevant projects implemented within the scope of 2002–2006 Turkey-EU Financial
Cooperation see at: http://www.ab.gov.tr/files/SEPB/cevrefaslidokumanlar/list_of_2002_2006_
projects.pdf.
9
See all texts, including amendments, at: http://www.csb.gov.tr/gm/ced/index.php?Sayfa=
sayfa&Tur=webmenu&Id=254 and http://www.csb.gov.tr/gm/ced/index.php?Sayfa=sayfa&Tur=
webmenu&Id=11223.
10
See at: www.mevzuat.gov.tr.
2 The Development Process of Environmental Law in Turkey: …
13
However, besides its administrative and financial challenges, this roadmap
which will prepare Turkey for EU membership also raises significant challenges
with respect to the approximation of existing environmental legislation. In fact, it
requires the full transposition of the EU environmental acquis in a relatively short
time, while many aspects of Turkey’s legislation on environmental issues differ
from EU law, so it is not possible to expect the complete adoption of the acquis as a
short-term prospect.
Despite these challenges, Turkey started to make progress in terms of its
transposition of the environmental acquis through the support of the EU and relevant projects generated within the scope of the Turkey-EU Financial Cooperation.
8
Indeed, the following developments provide examples of this progress:
• A new By-Law on Environmental Impact Assessment (EIA) (OJ No. 25318),
amending almost all provisions of the Directive on Environmental Impact
Assessment, was adopted, except for a few troublesome areas such as procedures for public and transboundary consultations. The By-Law on
Environmental Impact Assessment (EIA) has been amended eighteen times on
different dates since its first adoption (OJ No. 21489) in 1993, most recently in
2016 (No. 29619).
9
• Under the new Public Procurement Act (No. 4734), a positive Environmental
Impact Assessment Report (EIA) is required to launch public procurement
procedures (Article 5(6)).
• Under the Act on the Amendment of the Law for Establishment of Industrial
Zones and Organized Industrial Areas (Act No. 4737), a positive Environmental
Impact Assessment Report (EIA) is required before investment in industrial
zones (Art. 3). Through its amendment under Act No. 5195, with additional
articles (Art. 3A/3B), the way has also opened for decisions stating that ‘EIA is
not necessary’.
• In accordance with the EU acquis, during this period there were also many
amendments to many laws and the creation of new ones, such as the
Municipalities Act No. 5393 (2004), the Consumer Protection Act
No. 4077 (amended in Act No. 4822 in 2003), the Animal Protection Act
No. 5199 (2004), and the Act on Protection of Cultural and Natural Property
No. 2863 (amended in Act No. 5226 in 2004).
10
8
For the relevant projects implemented within the scope of 2002–2006 Turkey-EU Financial
Cooperation see at: http://www.ab.gov.tr/files/SEPB/cevrefaslidokumanlar/list_of_2002_2006_
projects.pdf.
9
See all texts, including amendments, at: http://www.csb.gov.tr/gm/ced/index.php?Sayfa=
sayfa&Tur=webmenu&Id=254 and http://www.csb.gov.tr/gm/ced/index.php?Sayfa=sayfa&Tur=
webmenu&Id=11223.
10
See at: www.mevzuat.gov.tr.
2 The Development Process of Environmental Law in Turkey: …
13