Türkiye's first Climate Law is in force!

The Climate Law has been published in the Official Gazette. Within this scope, the principles of "climate justice," "just transition," "primary market," "emission trading system," and "voluntary carbon markets," which emerged with climate change, are being added to the core principles that also encompass human rights and environmental law. Furthermore, the fight against climate change will be based on equality, climate justice, participation, sustainability, transparency, and progress approaches. Public institutions and organizations, as well as real and legal entities, will be obligated to act in the public interest and implement the measures taken on time. Development and measures tailored to specific circumstances will also be considered in line with Türkiye's net zero emissions target. The Ministry of Climate Change will monitor activities related to climate change adaptation and greenhouse gas emission reduction. The Presidency will be authorized to determine the activities and standards of institutions operating in the relevant field and to ensure coordination. According to another duty assigned to the Presidency, it will be able to request information, documents, and data from institutions, provided they comply with the "Law on the Protection of Personal Data." Requests will be required to be shared free of charge within the requested timeframe. The Presidency will be able to obtain data using the National Geographic Information Platform and share the resulting data with public institutions and organizations.

REGULATIONS MAY BE MADE TO ACHIEVE THE NET EMISSION TARGET

According to the law, in order to achieve Türkiye's net emission target, the current duties and responsibilities of public institutions and organizations will be reviewed. The Ministry of Environment, Urbanization and Climate Change will be able to make regulations to achieve the net emission target. Public institutions and organizations will also take into account greenhouse gas emission reduction activities when making plans that include their medium and long-term goals. Organizations will be responsible for taking mitigation measures such as energy, water and raw material efficiency, preventing pollution at source, increasing the use of renewable energy, reducing the carbon footprint to be implemented in the sectors included in the National Contribution Declaration in line with the net zero emission target and the circular economy approach; implementing these measures by observing just transition requirements; and establishing, implementing, and monitoring a zero waste system. In order to balance emissions towards achieving the net zero emission target, relevant institutions and organizations will take measures to prevent carbon sink losses in forests, agricultural lands, pastures, and wetlands. In order to ensure food security through climate change-resistant product designs for the sustainability of the agricultural sector, public institutions and organizations will; Climate change-resilient practices aligned with an ecosystem-based adaptation approach will be expanded in the agricultural sector, while maintaining the balance between the conservation and use of natural resources, ecosystems, and biodiversity. To reduce losses and damages caused by climate change-related disasters, risk assessment, monitoring, information, and early warning systems will be developed based on integrated disaster management.

A PROVINCIAL CLIMATE CHANGE COORDINATION BOARD WILL BE ESTABLISHED

Under the law, climate change strategy and action plans will be prepared, implemented, monitored, evaluated, and updated periodically at a national scale, under the coordination of the Climate Change Presidency, in collaboration with relevant institutions and organizations, and, if necessary, at a national or regional scale, to reduce greenhouse gas emissions and implement climate change adaptation activities. A Provincial Climate Change Coordination Board will be established in each province, chaired by the governor and consisting of representatives from the provincial or regional organizations of relevant institutions and organizations (if any), as well as representatives from local governments, to determine strategies, actions, and implementation areas appropriate to the conditions of the province and to ensure their implementation. The secretariat of the board will be carried out by the provincial organization of the Ministry of Environment, Urbanization and Climate Change, and its operating procedures and principles will be determined by the Ministry. Local climate change action plans will be prepared, or commissioned, by the metropolitan municipality in metropolitan cities, the provincial municipality and the special provincial administration in other provinces, with the participation of relevant institutions and organizations, to form a holistic plan for each province, taking into account the requirements of a just transition for greenhouse gas emission reduction and climate change adaptation. These plans will be prepared or commissioned under the coordination of the governor, jointly by the metropolitan municipality in metropolitan areas, the provincial municipality and the special provincial administration in other provinces, and with the participation of relevant institutions and organizations. These plans will be submitted to the Provincial Climate Change Coordination Board for a decision. The preparation and adaptation obligations regarding the legislation and planning tools specified in the bill will be fulfilled by the relevant institutions and organizations no later than December 31, 2027. The President will be authorized to extend this period for up to one year. Local climate change action plans will be prepared by December 31, 2027, at the latest. The Ministry of Environment, Urbanization and Climate Change will be authorized to extend this period for up to one year.

Türkiye'S GREEN TAXONOMY IS BEING ESTABLISHED

The Turkish Green Taxonomy will be established under the law, which stipulates that circular economy and zero-waste practices will be supported by the Ministry of Environment, Urbanization and Climate Change. A Carbon Market Board will also be established. The Board will comprise the Ministry of Environment, Urbanization and Climate Change, the Ministry of Energy and Natural Resources, the Ministry of Treasury and Finance, the Ministry of Industry and Technology, the Ministry of Trade, the Ministry of Agriculture and Forestry, and the Ministry of Transport and Infrastructure. It will also include the Vice President of Strategy and Budget, the President of the Capital Markets Board, the President of the Energy Market Regulatory Authority, and the President of Climate Change. The Board will be chaired by the Ministry of Environment, Urbanization and Climate Change. Under the Emissions Trading System (ETS), offsets may be permitted to cover a portion of allocation obligations with an equivalent amount of carbon credits. The principles of a national carbon crediting and offsetting system, which generates carbon credits through activities aimed at reducing or removing greenhouse gas emissions and increasing the number of sinks, will be determined by the Presidency of Climate Change, to be used in offsetting transactions under the ETS and voluntary commitments.

Penalties will be doubled for businesses within the scope of ETS.

The law also addresses administrative sanctions. In this context, those who fail to submit a verified greenhouse gas emission report within the deadline, in violation of prohibitions or restrictions regarding the monitoring of greenhouse gas emissions, will be subject to administrative fines ranging from 500,000 Turkish Lira to 5 million Turkish Lira. The procedures and principles regarding the implementation of this provision will be determined by regulation, taking into account the annual emissions of facilities calculated conservatively according to their installed capacity. These fines will be applied double to businesses within the scope of the ETS. Those who use, trade, or market fluorinated greenhouse gases in violation of the procedures and principles, prohibitions, or restrictions regarding fluorinated greenhouse gases will be subject to an administrative fine of 2.5 million Turkish Lira and will not be issued a Hydrofluorocarbon Control Certificate for three to six months. Those who fail to enter notifications and reports into the database within the timeframe or fail to update the data will be subject to an administrative fine of 120,000 Turkish Lira.