greenhouse gas emission levels to contribute to the goal of the Agreement to limit
global warming to well below 2 °C. As a first step, on 30 September 2015 it
submitted its Intended National Determined Contribution (INDC), with a greenhouse gas reduction target (including land use, land use change and forestry
(LULUCF)) of up to 21% below business as usual (BAU) by 2030.
However, there are also treaties to which Turkey is not yet party, such as the
United Nations Economic Commission for Europe (UNECE) Convention on
Access to Information, Public Participation in Decision-making and Access to
Justice in Environmental Matters (Aarhus Convention), and the Convention on
Environmental Impact Assessment in a Transboundary Context (Espoo EIA
Convention), which are very important in Turkey’s EU accession process. This is
because, while the Espoo (EIA) Convention sets out the parties’ obligations on
EIAs and on notifications regarding projects that are likely to have an adverse
environmental impact across boundaries, the Aarhus Convention provides the
public with the right to access environmental information (Art. 4-5), participate in
environmental decision-making (Art. 6-8), and access justice in environmental
matters (Art. 9). So, they are both key conventions on the protection of environment. Therefore, Turkey should align with the related acquis of both conventions.
3.3.3 Under Criminal Law
The regulations regarding environmental matters under Turkish Criminal Law can
be analysed in two periods:
1. Regulations by 2005: Adoption of specific provisions regarding environmental
issues under both the Criminal Code (No. 5237) and the Misdemeanour Act
(No. 5326).
2. Regulations before 2005: Provisions under the Criminal Code (No. 765), which
indirectly assists in the protection of the environment, e.g. Art. 369 on the crime
of setting fire to cereal crops, which is regulated under the section on crimes
which cause great danger through fire, flood and water overflow, and so on; Art.
394 on the crime of causing a public health risk by adding poison to public
drinking water or to other food and drink intended for human consumption
under the section regarding the public health, food and drink crimes. In the third
book on Misdemeanours, there are also three related articles: Art. 526, Art. 566,
Art. 577.
Of those, Art. 526 is about non-compliance with the authorities’ orders and
instructions. According to the article, anyone can be punished who does not comply
with an order given through due judicial processes, or by the authorities for the
purpose of protecting public security and public order or public health, or who does
not comply with the measures taken by the authorities in this manner. This article is
thus indirectly related to the protection of environment.
3 Drawing a General Framework for Turkish Environmental Law
41
global warming to well below 2 °C. As a first step, on 30 September 2015 it
submitted its Intended National Determined Contribution (INDC), with a greenhouse gas reduction target (including land use, land use change and forestry
(LULUCF)) of up to 21% below business as usual (BAU) by 2030.
However, there are also treaties to which Turkey is not yet party, such as the
United Nations Economic Commission for Europe (UNECE) Convention on
Access to Information, Public Participation in Decision-making and Access to
Justice in Environmental Matters (Aarhus Convention), and the Convention on
Environmental Impact Assessment in a Transboundary Context (Espoo EIA
Convention), which are very important in Turkey’s EU accession process. This is
because, while the Espoo (EIA) Convention sets out the parties’ obligations on
EIAs and on notifications regarding projects that are likely to have an adverse
environmental impact across boundaries, the Aarhus Convention provides the
public with the right to access environmental information (Art. 4-5), participate in
environmental decision-making (Art. 6-8), and access justice in environmental
matters (Art. 9). So, they are both key conventions on the protection of environment. Therefore, Turkey should align with the related acquis of both conventions.
3.3.3 Under Criminal Law
The regulations regarding environmental matters under Turkish Criminal Law can
be analysed in two periods:
1. Regulations by 2005: Adoption of specific provisions regarding environmental
issues under both the Criminal Code (No. 5237) and the Misdemeanour Act
(No. 5326).
2. Regulations before 2005: Provisions under the Criminal Code (No. 765), which
indirectly assists in the protection of the environment, e.g. Art. 369 on the crime
of setting fire to cereal crops, which is regulated under the section on crimes
which cause great danger through fire, flood and water overflow, and so on; Art.
394 on the crime of causing a public health risk by adding poison to public
drinking water or to other food and drink intended for human consumption
under the section regarding the public health, food and drink crimes. In the third
book on Misdemeanours, there are also three related articles: Art. 526, Art. 566,
Art. 577.
Of those, Art. 526 is about non-compliance with the authorities’ orders and
instructions. According to the article, anyone can be punished who does not comply
with an order given through due judicial processes, or by the authorities for the
purpose of protecting public security and public order or public health, or who does
not comply with the measures taken by the authorities in this manner. This article is
thus indirectly related to the protection of environment.
3 Drawing a General Framework for Turkish Environmental Law
41