1. Turkey and EU: Approximation of Turkish legislation to EU Acquis ETNAR Project 25.02.2016 Dr. Ethemcan Turhan Ekoloji Kolektifi (Ecology Collective Association)

2. Outline A short history of EU-Turkey relations Chapter 27: Where is Turkey in harmonization process? Challenges ahead

3. A short history of EU-Turkey relations

4. Turkey and the European Union opened the environment chapter (Chapter 27) of negotiations in the nation's bid to join the bloc on 21 December 2009. Since 2012, it is named as “Environment and Climate Change” Turkey has a number of pressing environmental concerns, notably chemical and detergent pollution in its waters and heavily contaminated Black Sea, as well as poor urban air quality as a result of burning heating fuel, high levels of car ownership and under-developed public transportation. Industry, particularly cement, sugar, fertiliser and metallurgy, often lacks modern filtration equipment. Some 70 percent of Turkish land surface is affected by soil erosion, resulting in the loss of one billion tonnes of topsoil a year.

5. EU Integrated Approximation Strategy (UÇES) (2007-2023) contains detailed information concerning the technical and institutional infrastructure to be developed as well as environmental improvements and arrangements to be carried out in Turkey in order to ensure alignment with the EU’s environmental acquis and its effective implementation. According to UÇES, the cost of investments necessary to ensure alignment with the EU’s environmental acquis (excluding chemicals and noise sectors) is estimated to be approximately 59 billion Euros. It is foreseen that 80 % of the aforementioned investments required in the environment sector will be carried out by the public sector while the remaining %20 will be carried out by the private sector.

6. Many EU countries attained ‘development’ before true magnitude of environmental crisis was evident, Turkey’s policy makers faces the task of creating rapid economic growth while maintaining ecological integrity. This however seems quite difficult given the fact that socio-ecological conflicts due to (particularly large scale) development projects have catapulted in Turkey over the past 15 years.

7. Chapter 27: Where is Turkey in harmonization process? 2015 EU progress report suggests that: “Turkey is moderately prepared in the area of environment and climate change. In the past year, there was some progress, mainly in aligning environmental legislation, whereas enforcement remains weak, especially on waste management and industrial pollution. There is considerable room to improve the way horizontal legislation is implemented. Poor implementation of court rulings on environmental issues is causing public concern. More ambitious and better coordinated environment and climate policies still need to be established and implemented. Strategic planning, substantial investment and stronger administrative capacity are required as well. In the coming year, Turkey should in particular: → further build up its strategic planning on climate action, and start implementing its contribution to the expected 2015 Paris climate agreement; → ensure correct implementation of the environmental impact assessment legislation; → ensure its alignment with EU legislation on public participation and the public’s right to environmental information (Aarhus Convention), as well as on the monitoring and reporting of greenhouse gas emissions.

8. Although there is need for an integrated approach we can still think Chapter 27 as nature protection, infrastructure and industrial pollution & climate change. Horizontal legislation (meaning different crosscutting policies that often undermine or overwrite the environmental legislation) also needs strong attention.

9. Major steps taken in the past 3 decades Yet the progress is still not sufficient EC progress report in 2009 described the situation with the following words “the overall level of alignment remains insufficient” (pg. 82). Environmental damage is increasing despite an extensive environmental legislation, coupled with well-developed, institutionalized administrative structures. This needs explanation.

11. Challenges ahead Horizontal environment legislation – Strategic Env Ass. Directive & Aarhus Conv. Still pending Air quality legislation – pending harmonization with EU directives Waste management – Pending implementation of harmonized directive. – National recycling strategy needs to consider waste pickers Water quality – Key challenge on transboundary waters – Wastewater treatment improved but requires continuous investment Nature protection – National biodiversity strategy/action plan pending adoption – Regulations on wetlands and forests are yet to be harmonized – Natura 2000 sites not yet fully identified Industrial pollution & risk management – Industrial emissions directive pending implementation Chemicals – Most of the acquis harmonized

12. Climate change – Turkey submitted in September 2015 its intended nationally determined contribution to the expected 2015 Paris climate agreement. Regarding alignment with the EU climate acquis, Turkey is preparing to set up and implement a monitoring, reporting and verification system, and build up its capacity on land use, forestry and fluorinated gases. – Turkey has to develop a comprehensive polic y and strategy consistent with the EU 2030 framework. – Carbon market mechanism being established via World Bank PMR project. Initial launch scheduled for April 2016. – As priority, Turkey needs to align with the EU Monitoring Mechanism Regulation and ensure that it improves the capacity to implement the expected 2015 Paris climate agreement. – Awareness-raising of the need for climate action needs to be considerably improved.

13. Primary legislation in the pipeline – Environmental Liability Law (expected 2018) – Ratification of Rotterdam Convention on prior informed consent on hazardous materials (expected 2016) – Water Law (expected 2017) By-laws and decrees on specific details of EU directives are also in the pipeline However, political will is crucial!

14. National Clean Air Action Plan Emissions Control Strategy Document Action plan on Wastewater treatment Sewage sludge management action plan River basin management plans for 4 pilot basins National monitoring network Water resources modeling strategy Revision of the national implementation plan for WFD Strategy paper on water quality management 6 th National Communication & Biannual Report on Climate Change

15. Environmental conflicts on the rise – Turkey’s rampant developmentalism and increasingly authoritarian government poses environmental opposition as ‘treason to state’ – Many emblematic environmental conflicts are ongoing – Civil society participation is reduced significantly and/or channeled towards “friendly NGOs”

17. www.ejatlas.org

18. THANK YOU! ethemcan@gmail.com www.ekolojikolektifi.org www.iklimadaleti.org