Turkey update: draft climate law and other developments parallel to EU’s Green Deal

This article outlines the latest developments in Turkey parallel to EU’s Green Deal, with a particular focus on the draft Climate Law (“Draft Climate Law”) that the Turkish Ministry of Environment and Urbanization (“Ministry of Environment”) is currently working on (please also refer to our article on EU’s Green Deal and how it might affect Turkish economy and companies from the link given below) . I.Climate Declaration The Ministry of Environment’s Final Declaration on Fighting Climate Change (“Climate Declaration”) was published on 17 February 2021. The Climate Declaration has announced that the Turkish Government will adopt the 2050 National Climate Change Strategy and Action Plan (“Climate Action Plan”) to reduce greenhouse gas emissions and to become climate neutral. If Turkey implements the Climate Action Plan as planned, this will contribute greatly to Turkish climate and ecology, and align Turkish economy with the great transformation that EU has initiated with its Green Deal. The Climate Declaration sets similar goals with the EU’s Green Deal. In order to achieve these goals, Turkish Government will certainly need to adopt a number of policies and draw a road map as to how and when these polices will be regulated and implemented. Some of the key objectives provided in the Climate Declaration of the Ministry of Environment are as follows: – A Climate Law will be enacted, which includes basic principles, responsibilities and actions of the players that has an impact on climate. – 2050 National Climate Change Strategy and Action Plan will be executed. – Turkey’s 7 geographical regions will be adapted to climate change in all areas. – Investment strategy in agriculture, livestock, tourism, renewable energy and industry will be aligned with the goals of the Climate Action Plan. – Recycling of waste will be increased; this rate will be increased to 60% in 2035. In 2050, disposal of domestic wastes by landll will cease completely. – The rate of treated and reused wastewater, which is currently 2.5%, will be increased to 5% in 2023 and to 15% in 2030. – Electricity generation capacity from renewable energy sources will be increased. By 2030, solar energy will be increased to 10 GW, and wind energy to 16 GW. Additional measures and incentives will be provided for energy and industrial facilities to support climate and environmentally friendly production. – The Emissions Trading System, which will support climate-friendly investments and reward facilities that invest in cleaner production technologies, will be implemented. – Incentives and nancing opportunities for the public and private sector’s efforts to combat climate change will be developed, and their access to international nancing resources will be facilitated. – For the effective management and protection of water resources, a joint cooperation with all institutions will be developed and measures for the efcient use of water will be implemented. II. Draft Climate Law The Ministry of Environment has been working on the draft Climate Law (“Draft Climate Law”), which is also stated as one of the priority goals in Climate Declaration. Although the Draft Climate Law may undergo certain changes over the enactment process, the draft text gives a good understanding of the backbone of the regulations to be introduced. Below is a summary of some of the main aspects of the Draft Climate Law: 1.Purpose and Scope of the Draft Climate Law Main purpose of the Draft Climate Law is to keep the global average temperature increase limit below 2°C as compared to the pre-industrial period, and in addition, to limit this increase below 1.5°C. In order to achieve this fundamental goal, it is aimed to: – gradually reduce greenhouse gas emissions in line with the principle of sustainable development; – establish the necessary legal and institutional framework for adaptation to climate change, and – determine the relevant technical and nancial requirements to serve this purpose. In order to achieve these fundamental goals, it is envisioned to switch to a low-carbon economic model, which is also one of the fundamental goals of the EU’s Green Deal. The Climate Law will also cover the rights and obligations of all real and legal persons carrying out the activities that has direct or indirect impact on the climate. 2.Fundamental Principles of the Draft Climate Law Equality, environmental justice and climate justice principle: This principle aims to include policies and practices that eliminate inequality in (i) participation to decision-making processes, (ii) accessing to resources to help mitigate the risks climate change may create, and (iii) bearing the cost of becoming a climate neutral ecosystem. Environmental responsibility principle: Everyone involved in actions and activities that affect or have the potential to affect the environment is obliged to prevent deterioration and destruction of 1 2 1