regarding their organization and duties (Decree Law No. 703, Articles 27–28;
Presidential Decree No. 1, Articles 410–440).
13
It remains debatable whether the last situation is better than the previous one for
pursuing a robust environmental policy, because of the merging of two conflicting
agendas – environment and construction/urbanization (i.e. a development agenda) –
and the exclusion of the environmental responsibilities for forests and water, which
are primary elements of the natural environment according to the mandate of the
Ministry of Environment (Güneş, 2015: 225); and subsequently the merging of
different but somehow related fields – food, agriculture, livestock, forestry, water –
under the same structure of the Ministry of Agriculture and Forestry.
Additionally, the frequent alterations within the administrative structure of the
Ministry also have the potential to cause substantial failures in the operation of the
system, as they result in a high rate of staff-competence turnover in the field of
environmental management.
2.5 From the Accession Country Status (2005)
to the Opening of the Chapter on Environment (2009)
In 2004, at the Brussels Summit (2004), the Council of the EU agreed to start
discussing Turkey’s accession negotiations. After just one year, Turkey attained
‘Accession Country’ status in 2005, and negotiation talks officially began at the
Intergovernmental Conference of 3 October 2005 with the Negotiation Framework
Document (NFD) involving the principles, rules, and chapters regarding
EU-Turkey negotiations.
This was particularly important in the development process of Turkish
Environmental Law, as the EU negotiation process determined the regulations
adopted in line with the EU acquis and the method of putting the acquis into force
and implementing it.
After the screening process was completed for the Environment Chapter in 2006,
two opening benchmarks were determined for the opening negotiations in this
chapter:
1. The preparation of a comprehensive strategy including the information and
plans for the transposition of the acquis in this chapter.
2. The implementation of the applicable environmental acquis.
Consequently, one of the first results of the opening negotiations was the
preparation of the EU Integrated Environmental Approximation Strategy (2007–
2023) in 2006 which contains the information, plans and timetables with regard to
13
Decree Law No. 703, OJ Date: 9.7.2018, No: 30473. See at: http://www.resmigazete.gov.tr/
eskiler/2018/07/20180709M3.pdf; Presidential Decree No. 1, OJ Date: 10.7.2018, No. 30474, See
at: http://www.mevzuat.gov.tr/MevzuatMetin/19.5.1.pdf.
2 The Development Process of Environmental Law in Turkey: …
15
Presidential Decree No. 1, Articles 410–440).
13
It remains debatable whether the last situation is better than the previous one for
pursuing a robust environmental policy, because of the merging of two conflicting
agendas – environment and construction/urbanization (i.e. a development agenda) –
and the exclusion of the environmental responsibilities for forests and water, which
are primary elements of the natural environment according to the mandate of the
Ministry of Environment (Güneş, 2015: 225); and subsequently the merging of
different but somehow related fields – food, agriculture, livestock, forestry, water –
under the same structure of the Ministry of Agriculture and Forestry.
Additionally, the frequent alterations within the administrative structure of the
Ministry also have the potential to cause substantial failures in the operation of the
system, as they result in a high rate of staff-competence turnover in the field of
environmental management.
2.5 From the Accession Country Status (2005)
to the Opening of the Chapter on Environment (2009)
In 2004, at the Brussels Summit (2004), the Council of the EU agreed to start
discussing Turkey’s accession negotiations. After just one year, Turkey attained
‘Accession Country’ status in 2005, and negotiation talks officially began at the
Intergovernmental Conference of 3 October 2005 with the Negotiation Framework
Document (NFD) involving the principles, rules, and chapters regarding
EU-Turkey negotiations.
This was particularly important in the development process of Turkish
Environmental Law, as the EU negotiation process determined the regulations
adopted in line with the EU acquis and the method of putting the acquis into force
and implementing it.
After the screening process was completed for the Environment Chapter in 2006,
two opening benchmarks were determined for the opening negotiations in this
chapter:
1. The preparation of a comprehensive strategy including the information and
plans for the transposition of the acquis in this chapter.
2. The implementation of the applicable environmental acquis.
Consequently, one of the first results of the opening negotiations was the
preparation of the EU Integrated Environmental Approximation Strategy (2007–
2023) in 2006 which contains the information, plans and timetables with regard to
13
Decree Law No. 703, OJ Date: 9.7.2018, No: 30473. See at: http://www.resmigazete.gov.tr/
eskiler/2018/07/20180709M3.pdf; Presidential Decree No. 1, OJ Date: 10.7.2018, No. 30474, See
at: http://www.mevzuat.gov.tr/MevzuatMetin/19.5.1.pdf.
2 The Development Process of Environmental Law in Turkey: …
15