EIA as a legal obligation derives from Article 10 of the Environment Code,
which imposes a general obligation without specifying any technical details on how
to conduct EIA. Environment Code Article 10 provides that:
The institutions, agencies and establishments that can lead to environmental issues due to
their planned activities will prepare an ‘Environmental Impact Assessment Report’.
In order to ensure the application of Article 10 of the Environment Code, the
Ministry of the Environment issued the EIA By-Law in 1993, in accordance with
the mandate given by Article 124/1 of the Turkish Constitution, such that:
The President, the ministries, and public corporate bodies may issue by-laws in order to
ensure the implementation of laws and presidential decrees relating to their jurisdiction, as
long as they are not contrary to these laws and decrees (Article 124/1, Constitution).
Starting with the adoption of the 1993 By-Law, seven EIA By-Laws have been
adopted in Turkey.
1 The final EIA By-Law, which was adopted in 2014, applies for
the time being. It is comprised of 31 articles, 3 provisional articles – incorporated
into Article 29 – and annexes which provide rules on institutional and procedural
elements of the EIA procedure.
2 The 2014 EIA By-Law was subject to amendments
in 2016, 2017, 2018 and 2019.
3
Turkey is also under an obligation to conduct EIA as part of its commitments
which derive from international environmental law. Article 90/5 of the Turkish
Constitution provides that international agreements duly put into effect have force
of law in Turkey. Turkey is party to various international hard law and soft law
instruments which obligate the Party States to conduct EIA. Turkey has signed the
1976 Helsinki Final Act and adopted the 1972 Stockholm Declaration, the 1992 Rio
Declaration and Agenda 21, which all impose EIA as soft-law requirements. Turkey
is among the Party States to the United Nations Framework Convention on Climate
Change (UNFCCC), the Kyoto Protocol and the Convention on Biological
Diversity. Concerning the protection of the marine environment of the
Mediterranean and the Black Sea, Turkey is party to both the 1995 Barcelona
Convention (also the former 1976 version) and the 1992 Bucharest Convention. All
these conventions require the Party States to conduct EIA as part of their treaty
obligations. Turkey is not yet party to UNECE Conventions such as the Espoo
Convention, the SEA Protocol, or the Aarhus Convention. Under these
1
The EIA by-laws include the 1993 EIA By-Law (OG, 7 February 1993, No. 21489); the 1997
EIA By-Law (OG, 23 June 1997, No. 23028); the 2002 EIA By-Law (OG, 6 June 2002,
No. 24777); the 2003 EIA By-Law (OG, 16 December 2003, No. 25318); the 2008 EIA By-Law
(OG, 17 July 2008, No. 26939); the 2013 EIA By-Law (OG, 3 October 2013, No. 28784); and the
2014 EIA By-Law (OG, 25 November 2014, No. 29186).
2
Annex I provides the list of the projects which are subject to EIA; Annex II lists the projects
which are subject to Selection and Elimination Criteria; Annex III provides the EIA General
Format; Annex IV includes the Selection and Elimination Criteria which should be the basis for
the Project Presentation File; Annex V covers sensitive and vulnerable areas.
3
OG, 9 February 2016, No. 29619; 26 May 2017, No. 30077; 14 June 2018, No. 30451; 19 April
2019, No. 30750.
5 Environmental Impact Assessment in Turkey: …
85
which imposes a general obligation without specifying any technical details on how
to conduct EIA. Environment Code Article 10 provides that:
The institutions, agencies and establishments that can lead to environmental issues due to
their planned activities will prepare an ‘Environmental Impact Assessment Report’.
In order to ensure the application of Article 10 of the Environment Code, the
Ministry of the Environment issued the EIA By-Law in 1993, in accordance with
the mandate given by Article 124/1 of the Turkish Constitution, such that:
The President, the ministries, and public corporate bodies may issue by-laws in order to
ensure the implementation of laws and presidential decrees relating to their jurisdiction, as
long as they are not contrary to these laws and decrees (Article 124/1, Constitution).
Starting with the adoption of the 1993 By-Law, seven EIA By-Laws have been
adopted in Turkey.
1 The final EIA By-Law, which was adopted in 2014, applies for
the time being. It is comprised of 31 articles, 3 provisional articles – incorporated
into Article 29 – and annexes which provide rules on institutional and procedural
elements of the EIA procedure.
2 The 2014 EIA By-Law was subject to amendments
in 2016, 2017, 2018 and 2019.
3
Turkey is also under an obligation to conduct EIA as part of its commitments
which derive from international environmental law. Article 90/5 of the Turkish
Constitution provides that international agreements duly put into effect have force
of law in Turkey. Turkey is party to various international hard law and soft law
instruments which obligate the Party States to conduct EIA. Turkey has signed the
1976 Helsinki Final Act and adopted the 1972 Stockholm Declaration, the 1992 Rio
Declaration and Agenda 21, which all impose EIA as soft-law requirements. Turkey
is among the Party States to the United Nations Framework Convention on Climate
Change (UNFCCC), the Kyoto Protocol and the Convention on Biological
Diversity. Concerning the protection of the marine environment of the
Mediterranean and the Black Sea, Turkey is party to both the 1995 Barcelona
Convention (also the former 1976 version) and the 1992 Bucharest Convention. All
these conventions require the Party States to conduct EIA as part of their treaty
obligations. Turkey is not yet party to UNECE Conventions such as the Espoo
Convention, the SEA Protocol, or the Aarhus Convention. Under these
1
The EIA by-laws include the 1993 EIA By-Law (OG, 7 February 1993, No. 21489); the 1997
EIA By-Law (OG, 23 June 1997, No. 23028); the 2002 EIA By-Law (OG, 6 June 2002,
No. 24777); the 2003 EIA By-Law (OG, 16 December 2003, No. 25318); the 2008 EIA By-Law
(OG, 17 July 2008, No. 26939); the 2013 EIA By-Law (OG, 3 October 2013, No. 28784); and the
2014 EIA By-Law (OG, 25 November 2014, No. 29186).
2
Annex I provides the list of the projects which are subject to EIA; Annex II lists the projects
which are subject to Selection and Elimination Criteria; Annex III provides the EIA General
Format; Annex IV includes the Selection and Elimination Criteria which should be the basis for
the Project Presentation File; Annex V covers sensitive and vulnerable areas.
3
OG, 9 February 2016, No. 29619; 26 May 2017, No. 30077; 14 June 2018, No. 30451; 19 April
2019, No. 30750.
5 Environmental Impact Assessment in Turkey: …
85