Article 56 of the Turkish Constitution sets out the fundamental right of its citizens to live in a healthy and balanced environment, and obliges the State and its citizens to improve the environment, protect environmental health and prevent pollution. Apart from the Constitution, Environmental Law No: 2872 (the “Environmental Law”) published on 11.08.1983, is the primary piece of legislation regulating environmental issues in Turkey.

The Environmental Law is  updated from time to time to remain aligned with sustainability policies. In this context, the Ministry of Environment, Urbanization and Climate Change (the “Ministry”) recently changed its name to reflect its role as the main authority issuing secondary legislation and monitoring the enforcement of the provisions of the Environmental Law.

The Ministry’s National Climate Change Strategy (2010 to 2023) published in 2010 and the National Climate Change Adaptation Strategy and Action Plan (the “NCCAP”) of 2011 aim to integrate measures to adapt to climate change and promote sustainability into national, regional and local policies within the framework of Turkey’s development goals. They set out short/medium/long term objectives and aim to contribute to global efforts to combat climate change in line with the basic principles of United Nations Framework Convention on Climate Change (the “UNFCCC”).

With a view to achieving goals set forth under the NCCAP, the Ministry has issued Regulations on Monitoring of Greenhouse Gas Emissions and Reduction of Ozone Layer Depleting Substances, along with its Communiqué on Greenhouse Gas Emissions Monitoring and Reporting.

To comply with the goals of the EU’s European Green Deal of 11 December 2019 to combat climate change, the Ministry of Trade published its Green Deal Action Plan on July 2021 (the “Action Plan”), to create a more sustainable and green economy in alignment with the EU’s goals. The main objectives of the Action Plan are as follows:

• Limiting carbon emissions
• Green and cyclical economy
• Green financing
• Clean, economical and secure energy supply
• Sustainable agriculture
• Sustainable smart transportation
• Combat climate change
• Adopting diplomacy principles
• Education and  awareness-building activities on the European Green Deal

In light of the above, the Action Plan provides the following key targets:

• Enabling green investment through green financing,
• Allocating 1 GW capacity per each year until 2027 for new solar and wind power plants,
• Usage of a cleaner energy supply model,
• Transmission for an internationally competitive, sustainable, efficient and technological farming policy,
• Creation of a sustainable and intelligent transportation system, and
• Harmonization with the EU’s environmental regulations.

In 2013, the Ministry restructured the Climate Change and Air Management Coordination Committee to serve as the national authority responsible for climate change.

In 2020 the Capital Markets Board of Turkey published sustainability principles for listed companies which, although not mandatory, require that they report non-compliance.

Turkey is party to several international climate change agreements, details of which are set forth under 2.a of this Form. Another recent significant development is the ratification by the Turkish Parliament of the Paris Climate Agreement on October 2021. That being said, Turkey intends to go further than meeting  the targets of the Paris Climate Agreement.

Turkey is party to the following international agreements regarding climate change:

• United Nations Framework Convention on Climate Change
• Kyoto Protocol to the UNFCC
• Vienna Convention for the Protection of the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer
• Montreal Protocol on Substances that Deplete the Ozone Layer
• Paris Climate Agreement

Environmental Law

Regulation on Environmental Impact Assessment

Regulation on Monitoring of Greenhouse Gas Emissions

Regulation on Reduction of Ozone Layer Depleting Substances

Regulation on Fluorinated Greenhouse Gases

Communiqué on Verification of Greenhouse Gas Emissions and Authorization of Verification Institutions

Communiqué on Monitoring and Reporting of Greenhouse Gas Emissions

Communiqué on the Import of Ozone Layer Depleting Substances and Fluorinated Greenhouse Gases

Communiqué on Export of Ozone Layer Depleting Substances

Communiqué on Voluntary Carbon Market Project Registration

Sustainability Principles Compliance Framework through Communiqué on Corporate Governance

Circular on Climate Change and Air Management Coordination Committee

Circular on the Import and Usage of Ozone Layer Depleting Substances

Halon Circular

Draft Communiqué on Green Debt Instruments and Lease Certificates (not published yet)

There are specific regulations that mandate certain reporting requirements. Regulation on Monitoring of Greenhouse Gas Emissions requires companies operating in certain categories listed under Annex-1 of the regulation to report periodically their greenhouse gas emissions. Similar reporting principles are expected to be introduced for fluorinated greenhouse gases.

As per the Regulation on Reduction of Ozone Layer Depleting Substances, halons procured for institutions by Turkey Halon Gas Bank must be reported to the Ministry on an annual basis.

Pursuant to the Communiqué on Corporate Governance, listed companies’ corporate governance compliance reports must also set out compliance with sustainability principles which are not mandatory.

Ministry of Environment, Urbanization and Climate Change, Climate Change and Air Management Coordination Committee incorporated by the Ministry and the Ministry of Trade can be named as the key regulators.

Turkish Environmental Law is based on the ‘polluter pays’ principle, holding individuals or legal entities, directly or indirectly, responsible for causing environmental pollution or damaging the environment liable. Polluters must also pay compensation for the damage they cause.

In terms of this principle, Turkish environmental legislation obliges certain legal entities to comply with waste management principles and imposes monetary fines for non-compliance. Higher penalties are imposed for any repeat offence. Furthermore, as per the Regulation on Environmental Permits and Licenses, legal entities are required to obtain an integrated environmental permit to cover environmental noise, air emission and water waste discharge unless they are exempt according to the specifics listed in this legislation. Similarly, the main aim of the Regulation on Environmental Impact Assessment, which is one of the most significant piece of secondary legislation, is to mitigate impact on the environment.

Compliance with the environmental regulations is mandatory. There are consulting companies which provide compliance services to the companies subject to environmental legislations to ensure their compliance.

The Environmental Law stipulates that prevention or elimination of pollution may be subject to certain incentives and/or tax reductions.

There are currently no major public climate change regulatory actions or investigations.

Turkey has a civil law system based on codified laws. Case law is taken into consideration in interpreting laws. Higher court decisions have an influence over the lower courts to ensure uniformity in judicial practice. In addition, courts may consider whether a claim or action is in conflict with public policy, public morals or applicable mandatory laws of Turkey and this may affect any judgement and penalty issued in respect of any proceedings.

Depending on the type of violation committed, criminal courts and/or civil courts manage environmental disputes. On the other hand, administrative courts are in charge of lawsuits filed against the actions of the administration in breach of environmental law, and it is possible to claim the cancellation of the administrative act, or compensation.

Furthermore, Turkish law also includes preventive sanctions. For instance, if the exhaust gas emission measurement result of a vehicle does not comply with set limits, the vehicle must be repaired or adapted. A one-off period of seven days is granted to repeat tests. The relevant date is specified in the "Exhaust Gas Emission Measurement Report". After the seven-day period expires, the vehicle cannot be driven on traffic highways until a positive result is obtained from the exhaust gas measurement. Administrative fines are imposed on those who do not correct the exhaust gas emission values.

Liability can arise from tort (especially unfair competition), unjust enrichment, any breach of contract and statute such as Environmental Law, Turkish Criminal Law No:5237 or the relevant ministry regulations.

In terms of environmental perspective, five types of action can be identified;

(i) Seeking injunctive relief [making a declaration on cease and desist], e.g. to compel defendants to reduce greenhouse gas emissions or disclose climate change related risks before the court grants its judgement,

(ii) seeking compensation for loss or damage caused to the plaintiff as a result of the relevant breach;

(iii) seeking enforcement of unfair competition provisions regarding greenwashing e.g. that a company gives customers the false impression that products or services are climate change-friendly;

(iv) seeking criminal sanction such as imprisonment or fine;

(v) seeking rescission/cancellation of an administrative decision before the administrative courts, e.g. against the alteration of forest boundaries, cancellation of an environmental or zoning plan.

Furthermore under Turkish law, certain preventive measures are applied before any dispute arises. The aim of these measures regarding air pollution can be summarized as obtaining a license before commencing activities with potential to pollute the air, keeping them under administrative control, determining the fuel used while the activity continues and ensuring that the tools and equipment comply with the  legislation.

Turkish Code of Obligations (Law No. 6098) provides that;

• any person causing damage to others by invoking the provisions stated in this Law or the orders or resolutions issued for its enforcement, shall be held responsible for the cost of treatment or removal of such damages and any compensation incurred as a result.
• If any damages arise out of business activities which expose people to a serious amount of danger, the proprietor and exploiter (if existing) are jointly liable for this damage.

Turkish Criminal Law (Law No. 5237) also provides that;

• any person who deliberately dumps waste or residues into the soil, water or air is punished with imprisonment
• any person who negligently discharges waste or residues into soil, water or air must pay a judicial fine. If such waste or residues cause permanent damage, a prison sentence is imposed.

The Environmental Law further provides that;

• a person who violates environmental regulations, including those relating to air pollution, depending on the prohibition, is subject to a fine and/ or imprisonment. The Environmental Law categorizes fines pursuant to breach and other ministry regulations such as Regulation on Control of Industrial Air Pollution refer to these sanctions.
• those who give false and misleading information in violation of the obligation to notify and give information are punished with imprisonment for between six months and one year.
• strict liability is foreseen for damages caused by pollution and deterioration and compensation rights arising from general provisions. On the other hand, in civil proceedings, the party liable may be ordered to pay damages for the actual loss suffered by the plaintiff, whereas specific losses must be substantiated and proven based on a strict causality requirement. Exemplary or punitive damages are not available under Turkish law.

With respect to “greenwashing”, Turkish Commercial Code (Law No. 6102) includes provisions on unfair competition: any person whose customers, credits, professional reputation, business activities or other economic interests are injured due to greenwashing can be considered to benefit from such provision to file the following lawsuits;

• The declaratory lawsuit for determining whether the act is unfair or not;
• Prohibition lawsuit against the unfair competition;
• Lawsuit that regards the obliteration of the financial situation that occurs due to unfair competition;
• Lawsuit that aims the correction of statements;
• If the prevention of violence is unavoidable, the destruction of instruments and goods which were used while committing the unfair competition acts; or
• In the event of a presence of fault, the pecuniary and non-pecuniary damages can be requested from defaulting party.

Individuals (individually or collectively), provincial directorates for environment, legal entities such as         non-governmental organizations, Chambers of Urban Planners and Architects are the most common Claimants/Plaintiffs.

Owners of power plants, factories, local or foreign companies engaged in mine and natural resource exploration activities and, in the case of administrative lawsuits, administrative authorities are the most common Defendants.

There are no published cases available in relation to climate change as enforcement and policing of offences under the Environmental Law is not as developed as compared to other jurisdictions. However, majority of the relevant cases are filed by public against the administrative authorities for the cancellation of the "EIA positive" decision regarding the construction of a hydroelectric plants, industrial plants, production facilities or mining areas.

Environmental Law is binding on both companies and individuals. Under Turkish law, the shareholders (natural or legal entity shareholders) may be held liable by veil lifting (i) in case of fraud committed against the law or (ii) breach of a contractual by hiding behind the corporation or (iii) breach of good faith as per Articles 2 and 3/II of the Turkish Civil Code. Yet these three circumstances are evaluated pursuant to the characteristics of each specific case.

Under Turkish Law, directors are not responsible for their business decisions unless the loss occurs as a result of breach of their obligations as directors. However, directors are personally liable for the public debts of the companies if the government cannot collect the public debts from the company itself. Also directors’ criminal liability can arise when they violate any criminal regulation.

Fiduciaries’ or other professionals’ liability can result from general laws governing such services, such as tort, unjust enrichment, any breach of contract and statute by their own acts and actions.

The possible fines under the Environmental Law are quite variable, particularly in the case of breach. As a general principal under Turkish Procedural Law No:6100, the losing party is liable to pay legal costs and fees, which is calculated by the courts under an official tariff issued in each year.

Whistleblower protections

The authorities available to file complaint on violations are municipal police officers within the borders of the municipality, law enforcement officers outside the borders of the municipality and the “ALO 181” Environmental Reporting Line of the Ministry of Environment and Urbanization.

Furthermore, the only network structuring is the “Climate Network” established by TEMA (The Turkish Foundation for Combating Erosion Reforestation and the Protection of Natural Habitats). Turkey Climate Network (İklim Ağı) was founded in 2012, in order to jointly raise voices against and promote solutions for climate change. Its founding organizations are Buğday Ekolojik Yaşamı Destekleme Derneği, Doğa Derneği, Doğa Koruma Merkezi, Eurosolar Türkiye, Greenpeace Mediterranean, Heinrich Böll Foundation, Kadıköyü Bilim Kültür Ve Sanat Dostları Derneği (KADOS), TEMA (Turkish Foundation for Combating Soil Erosion, For Reforestation and the Protection of Natural Habitats), WWF Turkey, 350 Ankara,Yeryüzü Derneği, Yeşilist, Yeşil Düşünce Derneği (The Green Thought Association).

There is no specific law regulating whistleblowing on the matter; however, some provisions of the Turkish Labour Law is applicable, to the extent relevant. A whistleblower would be protected against discrimination or other reprimand by the general principles of the Turkish Labour Law (i.e., the employer’s obligation of equal treatment and to protect its employees).

Third party funding and crowdfunding [e.g. legality of these alternative funding options]

In Turkey, third party funding and crowdfunding, in the context of environmental disputes, are not legislated, yet there is no obstacle to this. In fact, recently this system has been applied in some cases, including high demand, foreign law related and arbitration cases.

In addition, the following foundations are actively operating in this field with sensitivity in Turkey:

Chamber of Architects (TMMOB Mimarlar Odası)

Chamber of Urban Planners (TMMOB Şehir Plancılar Odası)

Nature Protection Association of Turkey (Türkiye Tabiatını Koruma Derneği) (TTKD), which aims to develop policies for the protection of natural assets.

Environmental Protection and Packaging Waste Recovery and Recycling Foundation (Çevre Koruma ve Ambalaj Atıklarını Değerlendirme Vakfı) (ÇEVKO).

Foundation for the Protection and Promotion of Environment and Cultural Heritage (Çevre ve Kültür Değerlerini Koruma ve Tanıtma Vakfı) (ÇEKÜL), which aims to build nationwide awareness and a network for the preservation of the urban and rural, developed and natural environment.

Turkish Foundation for Combatting Soil Erosion, for Reforestation and the Protection of Natural Habitats (Türkiye Erozyonla Mücadele, Ağaçlandırma ve Doğal Varlıkları Koruma Vakfı) (TEMA).

Turkish Marine Environment Protection Association (Deniz Temiz Derneği) (TURMEPA), which aims to prevent Turkish seas and coasts from pollution.

Turkish Institution of Environment Protection and Greening (Türkiye Çevre Koruma ve Yeşillendirme Kurumu) (TURCEK), founded to establish the National Environment Protecting Confederation, support new local entrepreneurs and promote the sustainable use of natural areas.

Turkish Plastics Industrialists Research, Development and Education Foundation (Türk Plastik Sanayicileri Araştırma Geliştirme ve Eğitim Vakfı) (PAGEV), which aims to collect and recycle packaging waste resources.

With Turkey’s ratification earlier this year of the Paris Agreement and its commitment to achieve a net-zero balance in carbon emissions by 2053, the focus has shifted to drafting detailed plans and adopting policies that will ensure the country achieves these goals. These efforts took a big step forward today, with the announcement by the Ministry of Environment, Urbanization and Climate Change and the United Nations Development Programme (UNDP) that they are joining forces to prepare a long-term climate change strategy and an action plan that will reflect Turkey’s bolder climate ambitions.