Transcript Approximation of Turkish legislation to EU Acquis

Turkey and EU: Approximation of
Turkish legislation to EU Acquis
ETNAR Project
25.02.2016
Dr. Ethemcan Turhan
Ekoloji Kolektifi
(Ecology Collective Association)
Outline
• A short history of EU-Turkey relations
• Chapter 27: Where is Turkey in harmonization
process?
• Challenges ahead
A short history of EU-Turkey relations
• 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.
• 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.
• 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.
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.
• 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.
• 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.
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
• 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.
• 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!
•
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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
6th National Communication & Biannual Report on
Climate Change
• 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”
www.ejatlas.org
THANK YOU!
[email protected]
www.ekolojikolektifi.org
www.iklimadaleti.org