Mining; 15% Agriculture and Food; 12% Industry; 9% Waste and Chemicals; 7%
Tourism and Housing; 6% Energy; 2% Transportation and Coast (Official Statistics
on EIA in Turkey, 2018).
The EIA system in Turkey entered a new development phase upon the approval
of the Turkish candidacy for full membership of the European Union (EU) in 1999
at Helsinki. The harmonization of Turkish environmental legislation with the EU
standards was intensified with the announcement of the National Programme for the
Adoption of the EU Acquis on 19 March 2001 following the declaration of the
Accession Partnership for Turkey by the EU Commission on 8 March 2001. The
adaptation process of the Turkish EIA legislation in line with the EU EIA Directive
began with the adoption of the 2002 EIA By-Law, which was subsequently
replaced by the 2003, 2008, 2013 and 2014 EIA By-Laws (Tekayak, 2014).
The Strategic Environmental Assessment (SEA) By-Law, which was drafted in
2005, has finally been adopted as part of the harmonization efforts of Turkey with
the EU as well (SEA By-Law, OG, 8 April 2017, No. 30032). SEA practices began
after the entry into force of the Draft SEA By-Law in 2017. There are eleven
ongoing projects related to SEA which are supervised by the Directorate of Water
Management of the Ministry of Agriculture and Forestry. In 2018 projects related to
water management in various locations of Turkey – such as Gediz, the Northern
Aegean, Küçük Menderes, Burdur, Akarçay, Yeşilırmak, and the Western
Mediterranean, which aims to develop the River Basin Management Plans – began.
There are also projects concerning management plans related to river floods in
Çoruh and the eastern Blacksea basins; the Asi and Seyhan basins; and the Lake
Van and Konya Enclosed Basins, which were all initiated in 2019 (SÇD
Uygulamaları, 2019).
The purpose of this article is to shed light on the Turkish EIA procedure by
taking into account the potential problems and the strengths related to various
stages of the EIA. The author does not aim to identify specific cases related to EIA
practices and develop empirical results; rather, the legal foundations of EIA procedure will be examined.
5.2 Legal Foundations of EIA in Turkey
Concerning the legal basis of EIA in Turkish law, the Turkish Constitution should
be the point of departure. Environmental protection and the prevention of environmental harm are constitutional duties of both the Turkish State and its citizens,
and the conduct of EIA can be considered one of the most efficient tools for this
purpose. Article 56/1-2 of the Turkish Constitution states that:
Everyone has right to live in a healthy, balanced environment.
It is the duty of the State and the citizens to improve the natural environment, to protect
environmental health and to prevent environmental pollution (Article 56/1-2, Constitution).
84
Ş. Güneş
Tourism and Housing; 6% Energy; 2% Transportation and Coast (Official Statistics
on EIA in Turkey, 2018).
The EIA system in Turkey entered a new development phase upon the approval
of the Turkish candidacy for full membership of the European Union (EU) in 1999
at Helsinki. The harmonization of Turkish environmental legislation with the EU
standards was intensified with the announcement of the National Programme for the
Adoption of the EU Acquis on 19 March 2001 following the declaration of the
Accession Partnership for Turkey by the EU Commission on 8 March 2001. The
adaptation process of the Turkish EIA legislation in line with the EU EIA Directive
began with the adoption of the 2002 EIA By-Law, which was subsequently
replaced by the 2003, 2008, 2013 and 2014 EIA By-Laws (Tekayak, 2014).
The Strategic Environmental Assessment (SEA) By-Law, which was drafted in
2005, has finally been adopted as part of the harmonization efforts of Turkey with
the EU as well (SEA By-Law, OG, 8 April 2017, No. 30032). SEA practices began
after the entry into force of the Draft SEA By-Law in 2017. There are eleven
ongoing projects related to SEA which are supervised by the Directorate of Water
Management of the Ministry of Agriculture and Forestry. In 2018 projects related to
water management in various locations of Turkey – such as Gediz, the Northern
Aegean, Küçük Menderes, Burdur, Akarçay, Yeşilırmak, and the Western
Mediterranean, which aims to develop the River Basin Management Plans – began.
There are also projects concerning management plans related to river floods in
Çoruh and the eastern Blacksea basins; the Asi and Seyhan basins; and the Lake
Van and Konya Enclosed Basins, which were all initiated in 2019 (SÇD
Uygulamaları, 2019).
The purpose of this article is to shed light on the Turkish EIA procedure by
taking into account the potential problems and the strengths related to various
stages of the EIA. The author does not aim to identify specific cases related to EIA
practices and develop empirical results; rather, the legal foundations of EIA procedure will be examined.
5.2 Legal Foundations of EIA in Turkey
Concerning the legal basis of EIA in Turkish law, the Turkish Constitution should
be the point of departure. Environmental protection and the prevention of environmental harm are constitutional duties of both the Turkish State and its citizens,
and the conduct of EIA can be considered one of the most efficient tools for this
purpose. Article 56/1-2 of the Turkish Constitution states that:
Everyone has right to live in a healthy, balanced environment.
It is the duty of the State and the citizens to improve the natural environment, to protect
environmental health and to prevent environmental pollution (Article 56/1-2, Constitution).
84
Ş. Güneş