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National Programme for Turkey 2013 –
Instrument for Pre-Accession Assistance
Technical Assistance for
Developed Analytical Basis for Formulating
Strategies and Actions Towards
Low Carbon Development
Project Identification No: EuropeAid/136032/IH/SER/TR
Contract No: TR2013/0327.05.01-01/001
Activity 1.2 Legislative and institutional gap analysis to
improve low carbon development and climate change
mitigation performance (Gap Analysis Report)
Ankara 2018
ii
Project Title: Technical Assistance for Developed Analytical Basis for Formulating Strategies and Actions
Towards Low Carbon Development
Service Contract No: TR2013/0327.05.01-01/001
Project ID No: EuropeAid/136032/IH/SER/TR
Project Value: € 3,865,010.00
Commencement Date: 29 May 2017
End Date / Duration: 29 May 2020 / 36 Months
Contracting Authority: Central Finance and Contracts Unit (CFCU), Ankara, Turkey
Contract Manager: Hacer BİLGE
Address: T.C. Başbakanlık Hazine Müsteşarlığı, E-Blok No:36 İnönü Bulvarı 06510 Emek/Ankara / TURKEY
Telephone: + 90 312 295 49 00
Fax: + 90 312286 70 72
E-mail: [email protected]
Beneficiary: Ministry of Environment and Urbanization Turkey
Address: Mustafa Kemal Mahallesi Eskişehir Devlet Yolu (Dumlupınar Bulvarı) 9. km. No: 278 Çankaya / Ankara
Telephone: + 90 312 410 10 00
Fax: + 90 312 474 03 35
Consultant: Hulla & Co Human Dynamics KG
Project Director: Rade Glomazic
Address: Kralja Milana 34, 1st Floor, 11000 Belgrade, Serbia
Telephone: + 381 11 785 06 30
Fax: + 381 11 264 30 99
E-mail: [email protected]
Project Team Leader: Mykola Raptsun
Address (Project Office): Mustafa Kemal Mahallesi, 2138. Sokak, No:5/3, Çankaya/Ankara
Telephone/Fax: +90 312 219 41 08
E-mail: [email protected]
This document has been produced with the financial assistance of the European Union and the Republic of Turkey.
Disclaimer: The contents of this publication are the sole responsibility of the Consortium led by Hulla & Co Human Dynamics KG and
can in no way to be taken to reflect the views of the European Union nor the Republic of Turkey.
iii
Table of Contents
Table of Contents ....................................................................................................... iii
List of Figures ............................................................................................................. iv
List of Tables .............................................................................................................. v
Abbreviations and Acronyms ...................................................................................... vi
1. Introduction .......................................................................................................... 1
1.1. Scope and Aim of the Report .................................................................................. 1
1.2. Methodological Approach to Gap Analysis .............................................................. 5
2. Legal Framework for Low Carbon Development .................................................. 9
2.1. EU Legal Framework .............................................................................................. 9
2.1.1. Analysis of EU LCD policies and Legislation .................................................... 9
2.2. Turkey’s Legal Framework .................................................................................... 40
2.2.1. Analysis of Turkish LCD Policies and Legislation ........................................... 41
3. Political and Legislative Gap Analysis ............................................................... 65
3.1. Political Gap Analysis ........................................................................................... 65
3.2. Legislative Gap Analysis ....................................................................................... 70
4. Governance and Institutional Framework for Low Carbon Development ........... 85
4.1. Turkish State Institutions for Low Carbon Development ........................................ 85
4.1.1. Institutional Structure ..................................................................................... 86
4.1.2. Governance, Responsibilities and Competencies .......................................... 87
4.2. Other Institutions and Civil Society ........................................................................ 94
4.3. Analysis of Institutional Framework ....................................................................... 96
4.3.1. The Survey based on the Institutional Capacity Analysis Questionnaire ........ 97
4.3.2. Results of Functional Mapping and SWOT Analysis ...................................... 98
4.3.3. Assessment of Institutional Performances ................................................... 102
5. Conclusions and Recommendations ............................................................... 106
ANNEXES .............................................................................................................. 111
Annex.1 - Questionnaire on Institutional and Human Capacities related to Climate Change
/ Low Carbon Development ........................................................................................... 111
iv
List of Figures
Figure 1. The strategic, integrated policy vision and target embedded by the LCD
Roadmap .................................................................................................................. 10
Figure 2. Waste management hierarchy .................................................................. 35
Figure 3: Study Groups under Climate Change and Air Management Coordination
Committee ................................................................................................................ 87
Figure 4. Number of experts responsible for reporting issues related to climate change
to different organizations .......................................................................................... 98
v
List of Tables
Table 1. Relevant SWOT analysis for agriculture sector (Only the first five issues high
ranked by the votes of the participants are given) ...................................................... 2
Table 2. Relevant SWOT analysis for transportation sector (Only the first five issues
high ranked by the votes of the participants are given). ............................................. 2
Table 3. Relevant SWOT analysis for waste sector (Only the first five issues high
ranked by the votes of the participants are given). ..................................................... 3
Table 4. Relevant SWOT Analysis for Buildings Sector (Only the first five issues high
ranked by the votes of the participants are given). ..................................................... 4
Table 5. Legislation Components of MRV ................................................................ 43
Table 6. Legislative Tool Comparison ...................................................................... 70
Table 7. Legislation Comparison between EU and Turkey on Monitoring and Reporting
GHG Emissions ........................................................................................................ 71
Table 8. Legislation Comparison between EU and Turkey on Energy Efficiency ..... 72
Table 9. Legislation Comparison between EU and Turkey on Renewable Energy
(Transport and Agriculture) ...................................................................................... 74
Table 10. Legislation Comparison between EU and Turkey on Transport ............... 77
Table 11. Legislation Comparison between EU and Turkey on Waste .................... 81
Table 12. Legislation Comparison between EU and Turkey on Agriculture .............. 82
Table 13. Main Institution responsibilities and competencies ................................... 87
Table 14. The identified overlapping policies and measures among institutions on
climate change in Turkey ......................................................................................... 89
Table 15. Institutional SWOT analysis for LCD in Turkey ......................................... 99
Table 16. Personnel/Employee Level SWOT in LCD related Institutions in Turkey 101
Table 17. Matrix for the Assessment of Institutional Performance ......................... 102
Table 18. The conclusions and remarks of assessment of related institutional and
governance performances ...................................................................................... 103
Table 19. Notes of questionnaire responders on the efficiency of CBCCAM ......... 105
Table 20. Conclusions related to Institutional capacity and governance ................ 109
vi
Abbreviations and Acronyms
AFAD Disaster and Emergency Management Presidency
BAU Business-As-Usual
BEP Building Energy Performance
CAP Common Agricultural Policy
CBCCAM Coordination Board on Climate Change and Air Management
CH4 Methane
CNG Compressed Natural Gas
CSO Civil Society Organization
CO2 Carbon dioxide
CO2-eq Carbon dioxide equivalent
CTCN Climate Change Technology Centre and Network
CE Conformité Européene/European Conformity
ÇATAK Environmentally Based Agricultural Land Protection Program
DSI State Hydrological Institution
EBRD European Bank for Reconstruction and Development
EC European Commission
EE Energy Efficiency
EEA European Economic Area
EMRA Energy Market Regulatory Authority
EP European Parliament
EPC Energy Performance Contracting
ESCO Energy Service Company
EU European Union
GDoCA General Directorate of Civil Aviation
GDRE The General Directorate of Renewable Energy
GHG Greenhouse Gas
vii
IFC International Finance Corporation
INDC Intended Nationally Determined Contributions
IPA Instrument for Pre-Accession Assistance
IPCC Intergovernmental Panel on Climate Change
LCD Low Carbon Development
LPG Liquefied Petroleum Gas
LULUCF Land Use, Land Use Change and Forestry
m2 Square metre
MoD Ministry of Development
MoENR Ministry of Energy and Natural Resources
MoEU Ministry of Environmental and Urbanization
MoFAL Ministry of Food Agriculture and Livestock
MoFWA Ministry of Forestry and Water Affairs
MoLSS Ministry of Labour and Social Security
MoSIT Ministry of Science, Industry and Technology
MoTMC Ministry of Transport, Maritime Affairs and Communication
MRV Monitoring Reporting Verification
Mt Million tonne
MUSIAD Independent Industrialists’ and Businessmen’s Association
N2O Nitrous oxide
NCCASAP National Climate Change Adaptation Strategy and Action Plan
NCCAP National Climate Change Action Plan
NCCS National Climate Change Strategy
NDC Nationally Determined Contribution
NGO Non-governmental Organization
NH3 Ammonia
NMHC Non methane hydrocarbon
NOX Nitrogen oxides
viii
OECD The Organisation for Economic Co-operation and Development
OGM General Directorate of Forestry
P&Ms Policies and Measures
PML Petroleum Market Law
QA Quality Assurance
QC Quality Control
R&D Research and Development
RET_EAT Renewable Energy Technologies Economic Analysis Tool
SME Small-Medium Enterprises
SWOT Strengths-Weaknesses-Opportunities-Threats
TACCC Transparency, Accuracy, Consistency, Comparability and
Completeness
TEMA The Turkish Foundation for Combating Soil Erosion
TCDD Turkish State Railways
TUBITAK The Scientific and Technological Research Council of Turkey
TurkStat Turkish Statistical Institute
TUSIAD Turkish Industry and Business Association
UN United Nations
UNFCCC United Nations Framework Convention on Climate Change
USD United States Dollar
WWF World Wildlife Fund
1
1. Introduction
A gap analysis is meant to involve the comparison of actual performance with
potential or desired performance. In case of the formulating strategies and actions
towards low carbon development, the idea is to test whether or not the project
beneficiary and its major stakeholders. are making the best use of current resources,
to achieve the ultimate goal of LCD.
Gap analysis identifies gaps between the optimized allocation and integration of the
inputs (resources) and the current allocation level. This may reveal areas that can be
improved. Gap analysis consists of determining, documenting, and improving the
difference between requirements and current capabilities. Gap analysis naturally
begins with benchmarking. Once the general expectation of performance in an area is
understood, it is possible to compare that expectation with the subject’s current level
of performance. In our case, the benchmark is considered to be the EU climate acquis
which are developed consistently with the UNFCCC goals and relevant decisions.
Hence, the alignment of the Turkish legal system with the EU climate acquis not only
ensures the achievement of progress within the EU approximation process, but also
compliance with Turkey’s responsibilities under the UNFCCC.
Gap analysis is a formal study of what is being done currently and what the future
would be like, regarding LCD goals and targets.
With this gap analysis, it is hoped to provide a foundation for measuring investment of
time, money and human resources required to achieve a transition towards low carbon
development.
1.1. Scope and Aim of the Report
The gap analysis report aims to increase the understanding strengths and weakness,
threats and opportunities of the existing climate change related legislation and
institutional structures. This report includes an assessment of the institutional
performances and set-up against the desired low carbon development and climate
change mitigation performance in terms of fulfilling the national and sectoral low
carbon and climate change ambitions as expressed in different low carbon
development strategy papers, such as the NCCAP, and other policies and plans. In
this report, the participation of relevant stakeholders involved in the project’s target
sectors, such as buildings, waste, transportation and agriculture, have been ensured.
An in-depth survey was conducted with the participation of the governmental and non-
governmental institutions involved in the governance of the climate change and low
carbon development issues. The results of the SWOT analysis, obtained in the
2
workshop organized on 5th of March 2018, are also considered in the gap analysis
conducted for this report, as shown below:
Table 1. Relevant SWOT analysis for agriculture sector (Only the first five issues high ranked
by the votes of the participants are given)
STRENGTHS (+) WEAKNESSES (-)
Wide range of agricultural areas and
responsibility in one ministry
Insufficient number of experts working on
climate change
The existence of agricultural support related to
environment (Good Agricultural Practices,
Organic agriculture, ÇATAK, forage crops, rural
development etc.)
The lack of specialization in institutions and
staff mobility
Supports and programmes related to the
establishment of biogas plants Lack of awareness on climate change
Support for modernization in agriculture
Priority of agricultural policies to increase output
and Legislative inadequacy regarding climate
change and agricultural issues
The existence of the Agricultural Drought Action
Plan Difficulties on changing farmer habits
OPPORTUNITIES (+) THREATS (-)
EU funded projects Agricultural lands threatened by other sectors
Other external funds Due to increasing population and food demand,
agricultural sector is under pressure
Facilities for accessing technology and
information
Dependence on foreign technology and
expensiveness
The existence of R&D infrastructure on Climate
Change-agriculture under MoFAL
Decrease in employment in agriculture and
migration
The presence of water database under MoFWA Agricultural lands threatened by other sectors
and wars in neighbouring countries
Table 2. Relevant SWOT analysis for transportation sector (Only the first five issues high
ranked by the votes of the participants are given).
STRENGTHS (+) WEAKNESSES (-)
High quality airway transport (based on EU
standards)
Imbalanced share in transportation sector
-High share of road transport and low shares of
railway and maritime sectors
3
Increase in the mega infrastructure investments
(Marmaray, Avrasya tunnel, etc.) Lack of railway infrastructure
Ongoing studies for National Transport Master
Plan and Transport Master Plans for some cities Lack of support for cycling and walking
Green port and green airport projects Improper vehicle taxing system
-High consumption taxes for new vehicles
Improvements in Intelligent Transportation
Systems (ITS) Not having LCD in the priority agenda of related
ministries (MoTMC, MoD, etc.)
OPPORTUNITIES (+) THREATS (-)
Developing and encouraging the urban public
transport Transfer of city planning power to independent
local authorities leading to wrong policies
Renewal of the vehicle park
Urban sprawl
-Ongoing development and sprawl in the cities ;
Increase in the urban population
Development of the innovations and local
solutions based on the necessities Not having long term planning and appreciation
issues
Development of the innovations and local
solutions based on the necessities
Migration from rural to urban areas due to lack
of rural policies
Development of the alternative fuelled and
electric vehicles
Not allocating budget for technological
investments
-Scarcity of incentives for climate change
policies and clean energy production.
Table 3. Relevant SWOT analysis for waste sector (Only the first five issues high ranked by the
votes of the participants are given).
STRENGTHS (+) WEAKNESSES (-)
Successful transposition of waste part of EU
Acquis into national legislation and strong
national waste legislation in Turkey.
Low level involvement of local authorities into
waste management. Generally, they tend to
transfer their responsibility to private sector and
they are lacking technical capacity.
Presence of secondary material market for
various recyclables, huge raw material potential
of the market and extensive experience on trade
of recyclables.
Inadequate waste data: Collected waste data is
not long term and not robust enough to use for
project evaluation and investment feasibility
studies. No regional data. No life cycle
assessment study available.
Access to international financing for waste
projects on available technologies. Financial and
technical support from Ministry of Environment
Insufficient waste management infrastructure
and capacity.
4
and Urbanisation for municipalities on waste
projects.
Support mechanism for the sale of electricity
generated by landfill gas.
Non-existence of sufficient infrastructural and
institutional coordination for LCD management.
Willingness of private sector on waste projects.
Lack of financing specific to waste sector as
waste sector financing could be riskier and less
prestigious compared to other projects like
renewable energy.
OPPORTUNITIES (+) THREATS (-)
Multiple income opportunity for integrated waste
management.
Lack of planning and forecasting may cause
inefficient projects.
International financing opportunities. Presence of informal sector and waste pickers.
High potential on use of waste as raw material to
various sectors.
Cut on donor support and problems on access
to international financing due to political
reasons.
Offer new technologies and potential for
technology transfer.
Waste management incompatible to waste
hierarchy; i.e. investing on incineration instead
of material recycling.
Energy recovery potential of waste.
Import of obsolete technologies on waste
management to Turkey and use of them by the
municipalities.
Table 4. Relevant SWOT Analysis for Buildings Sector (Only the first five issues high ranked
by the votes of the participants are given).
STRENGTHS (+) WEAKNESSES (-)
SuperKent Software
Buildings (Settlement)
Water
Material
Transportability (Transportation)
Sustainability
Energy
Substructure
There are uncontrolled and unaccredited firms in
the sector.
Smart Buildings which can produce their own
energy and recycle own waste
BEP_TR application is not sufficient for today.
Software is being improved with the second
version.
Sustainable environment RET_EAT, in progress, but its usage is not
widespread.
5
Energy Efficiency Law Laws are made but they are not implemented.
Energy Efficiency Coordination Council The relevance of energy quality and CO2
emissions is not considered.
OPPORTUNITIES (+) THREATS (-)
BEP_TR is an opportunity but there are many
weaknesses in BEP_TR
CO2 emissions cannot be reduced effectively
and extensively unless the quality of
implementation is balanced with the energy
quality.
RET_EAT is an opportunity. The calculation and
optimization for the use of renewable resources
can be made with RET_EAT.
Energy Efficiency Laws and regulations are
being postponed and there are expectations of
further delays in implementation.
Awareness; increase public spots Weakness of association of sector
representatives
Return of investments made Inability to raise personal awareness
Increase in industrial investments Inadequacy and continuous renewal of
construction plans
Regarding the policy and regulatory gap analysis, a comparison is made between
Turkey and EU, taking into account that EU Climate Acquis are developed in
consistency with the international climate framework agreement, namely UNFCCC.
While making this comparison, the EU Climate Acquis related to energy efficiency are
considered to be comparable regarding the buildings sector, as further explained in
the methodology section below.
1.2. Methodological Approach to Gap Analysis
The second and third chapters of this report deal with the “Legislative and Policy” gap
analysis of the Turkish legal system with respect to the EU Climate Acquis. As
mentioned above, EU Climate Acquis are considered as the benchmark, since they
not only ensure the achievement of the progress within the EU approximation process,
but also compliance with Turkey’s commitments under the UNFCCC.
Consistent with the current EU LCD policy goals and scope, and according to the
project’s scope, for the following key sectors only the related EU acquis are identified
and selected:
Energy efficiency (focusing on the building sector);
Transport (focusing on energy efficiency and fuel economy in road transport
and on the GHG MRV related to maritime transport);
Agriculture;
Waste (with focus on mitigation of GHG emissions via landfilling).
6
An integrated approach, aiming at linking the above key sectors under the common
umbrella of LCD and climate change mitigation objectives, is implemented coherently
with the EU’s stance on the topic.
This is highly advisable considering that LCD is a multilevel field requiring coordinated
actions, involving all key policies.
The two Chapters are developed based on a stepwise methodological approach,
taking the EU applicable LCD related Acquis as the model to which Turkey shall
approximate its legal system.
To this end, first the legal analysis of the EU LCD related Acquis (relevant strategies,
Green and White Papers and descending legislation in force) is provided with the aim
to create a clear picture of the benchmark term of comparison.
Second, the corresponding Turkish regulatory framework (when exist) is analysed to
answer the question "where we are in Turkey?" with respect to the EU requirements.
Then, the two legal systems (EU’s as the benchmark; and Turkish’s the one to be
aligned with the benchmark) are analysed according to the common set of relevant
legal criteria, namely:
Type of regulatory act;
Scope;
Goal;
Responsible implementing Authorities to be appointed;
Main duties/obligations set;
Procedures to be introduced/implemented at the national level;
Sanctions;
Targets to be achieved (in terms of % GHG emissions mitigation, if any)
Thirdly and finally, the outcomes of the gap analysis are pointed out in order to identify
the strengths and weaknesses of the current Turkish legal system, as well as the
recommended legal priorities to be addressed to overcome the gaps and improve its
compliance with the EU LCD related Acquis requirements and goals.
In such a context, after the sectoral recommendations to fill the gaps and enhance the
level of harmonisations with EU climate acquis, a set of cross-cutting
recommendations, applicable to all the sectors, are analysed.
The chapter four is dedicated to the Gap Analysis and assessment of the institutional
and governance performance. In general terms, taking into account that the
institutional capacity is a country-specific issue, if necessary, reorganization should
start with a proper understanding and diagnosis of the possible problems.
7
For the determination of the institutional capacity a modern institutional analysis tool
was adopted and utilized in this study. The problem-driven iterative-adaptive
(PDIA)1 capacity development methodology2 was used, to identify the key
strengths and weaknesses that helped us develop a SWOT matrix of the current
institutional framework. The institutional diagnostic produced a map of not only the
current structures, responsibilities and potential mismatches but also attitudes towards
strategic change.
Accordingly, this chapter is set-up with the low carbon development and climate
change mitigation performance idea, and the following sequence of tasks is
implemented to achieve the desired output:
Desk-based review of the existing institutional structures on climate change:
data collected on each institution, institutional structures, roles and
responsibilities in climate change areas,
competencies in low carbon development, overlapping roles and
responsibilities with barriers and opportunities3 are used as the starting point
in mapping the institutional gaps;
Preparation and implementation of institutional assessment questionnaire:
The Questionnaire on Institutional and Human Capacities is developed,
related to Climate Change/LCD4, and structured by the Project Team
exclusively for this Project.5 The Questionnaire consists of 33 questions,
some of which, are designed with carefully pre-selected possible answers,
and some of them are designed as “open” questions;
The Questionnaire (see Annex-1) is utilised to interview the personnel
involved in climate change and LCD related issues, in person on bilateral
1 PDIA is developed by Harvard professor Matt Andrews and his colleagues; the approach combines three crucial dimensions
that allow practitioners and policy makers to make institutional reforms differently and with a greater degree of success.
According to professor Andrews, for real changes to happen in governments, reforms should (i) facilitate problem-driven
learning and (ii) involve stepwise interventions that allow processes of purposive muddling and action-based learning, and (iii)
they engage broad sets of agents providing different functional contributions that ensure reforms are viable and relevant. Once
we understand who the change agents are, what follows in PDIA is iteration and adaptation. By way of experimental learning,
we incrementally work our way towards what we believe is going to solve the problem, without fixed plans or roadmaps (See
the initial work on PDIA: Andrews, M., Pritchett, L., & Woolcock, M. 2013. “Escaping Capability Traps Through Problem Driven
Iterative Adaptation (PDIA).” World Development 51(2013): 234 – 244).
2 Building Capability by Delivering Results, OECD, 2016, https://www.oecd.org/dac/accountable-effective-
institutions/Governance%20Notebook%202.3%20Andrews%20et%20al.pdf
3 Presented at the 3rd Working Group Workshop and acknowledged by interested stakeholders
4 Questionnaire on Institutional and Human Capacities related to Climate Change/LCD is available in Turkish language at
http://www.lowcarbonturkey.org/tr/iklim-degisikligi-dusuk-karbonlu-kalkinma-hakkinda-kurumsal-ve-insan-kapasite-anketi/
5 Combination of EU and UNDP guiding's, adapted to situation
8
meetings, and an e-questionnaire was made available on the project web site
as an opportunity to remotely interview multiple stakeholders;
As part of the participatory approach at the 4th Working Group Workshop6
with key institutions and stakeholders, an opportunity is provided to the
stakeholders to verify the preliminary findings and provide the project team
with the missing and supplementary information.
It is strongly believed that the institutional assessment provided by this project will be
used by the project Beneficiary in future; it will provide a good model and a tool for
further use in similar analysis.
6 The 4th Working Group Workshop on Gap Analysis held on March 5, 2018 in Ankara
9
2. Legal Framework for Low Carbon Development
2.1. EU Legal Framework
As mentioned in paragraph 1.2, the EU legal framework for LCD (will be referred to
as EU climate acquis) has been identified according to the priority key areas
mentioned in the EU LCD main Strategies and Green/White Papers7 that were further
integrated and concretely implemented by the EU legislation adopted on those
grounds.8
The measures, actions, targets and goals set therein, providing the requirements to
the EU candidate Countries, shall approximate their legal systems to, are analysed in
the following paragraphs, as the first step of the overall gap analysis.
After an overview of the EU’s main LCD policy framework (spelled out in Commission
Communications), the focus is shifted to sector relevant LCD legislation adopted to
implement the correspondent policies.
2.1.1. Analysis of EU LCD policies and Legislation
EU policies for LCD: Roadmap, Green Papers and White Papers in key sectors
Strategies, Green Papers, White Papers and Communications are the, documents
adopted by the EU Commission to identify priorities to be addressed, goals to be
achieved, measures needed and targets (of binding or aspirational nature) to be
delivered, related to specific policy areas under EU competence.
7
See:
COM(2010) 2020fin Europe 2020-A Strategy for smart, sustainable and inclusive growth;
COM (2008) 13 fin EU Communication on 20 20 by 2020 Europe's climate change opportunity (2008);
COM (2011) 112fin EU Communication on a Roadmap for moving to a competitive low carbon economy in 2050 (2011);
COM (2011) 885fin EU Communication on an Energy Roadmap 2050 (2011);
COM (2011) 144fin EU White Paper on a Roadmap to a Single European Transport Area-Towards a competitive and resource
efficient transport system (2011);
COM (2013) 169fin EU Green Paper on a 2030 framework for climate and energy policies (2013);
COM (2014) 15fin EU Communication on a Policy framework for climate and energy in the period 2020-2030 (2014).
8 See:
EU Monitoring Mechanism Regulation 525/2013/EU (monitoring, information and reporting of GHG emissions);
Energy Efficiency legislation (Directive 2012/27/EC on Energy Efficiency (services and buildings), Regulation 2017/1369
(energy labeling of products), Directive 2009/125/EC on eco-design of energy-related products);
Biofuels and fuel quality legislation (Directive 2009/28/EC on Renewable Energy promotion, Directive 98/70/EC as amended on
Fuel quality);
Transport legislation (Regulations 443/2009/EC and 333/2014/EC on emission performance standards for passenger cars and
vans; Directives 2009/33/EC on the promotion of clean and energy efficient road transport vehicles, 1999/94/EC on Car
labelling and 2014/94/EU on the deployment of alternative fuels infrastructures);
Directives 2008/98/EC on waste and 1999/31/EC on the landfill of waste.
10
They provide strategic planning in the medium-long term and serve as guidelines
usually paving the way to expected legislative measures (regulations and directives)
adopted as a follow-up to implement them.
Consistent with this approach, LCD, as a top priority in current EU Agenda, has been
formally endorsed as energy and climate-related goal in 2011 by the EU
Communication A Roadmap for moving to a competitive low carbon economy in 20509
and further implemented by means of dedicated sectoral legislation.
The Roadmap identifies energy, transport, industry and agriculture as key policy areas
to be urgently and consistently addressed, strengthened and coordinated in order to
achieve an 80% GHG emissions mitigation target in 2050 compared to 1990 levels.
According to a phase in approach, intermediate milestones of -40% of GHG emissions
in 2030 and -60% in 2040 (taking 1990 as a baseline) are set, with the view to gradually
achieve the final mitigation goal and test the level of ambition in progress.
As the Roadmap points out, LCD shall not be deemed as an isolated policy area but
rather, just as climate change is, as an inter-sectoral topic.
Hence, its mitigation goals require an integrated approach, involving all the policy
areas affected directly and indirectly, which all shall contribute, according to their
respective GHG emissions and mitigation potential, to the overall reduction target.
The strategic, integrated policy vision and target embedded in the LCD Roadmap may
be represented by the following (Figure 1)
Figure 1. The strategic, integrated policy vision and target embedded by the LCD Roadmap
9
See COM (2011) 112fin.
11
According to this approach, linking different yet coordinated policy areas under
common mitigation goals is needed.
As such, the strategic framework on LCD provided by the 2050 Roadmap is completed
by the EU Commission Communications on Transport, Climate-Energy, and Smart-
Sustainable-Inclusive Growth.10
These promote a shift to decarbonisation by coupling GHG reduction targets up to
2030-2050 with the following goals: (green) economic boost, innovation and
technology progress, biodiversity and human health protection, lowering of
dependence on fossil fuels in the broader context of improving energy security and
independence of energy supply.
In such a framework, awareness raising, consumer behavioural changes towards
sustainable choices, eco-compatible production patterns and public participation in
decision making are considered strategic cross-cutting means to achieve LCD.
Focusing on the most relevant actions and targets spelt out by the EU policies which
shall be considered complementary to the LCD Roadmap, the following sectoral
priorities and targets can be pointed out, in order to achieve the ultimate year 2050
mitigation goal:
In EU Framework for climate and energy:11
Sectoral target: +27% Energy Efficiency by 2030 through the following measures:
Improve energy security, while delivering a low-carbon and competitive
energy system;
Promote import diversification and sustainable development of indigenous
energy sources;
Increase investment in the necessary infrastructure;
Promote end-use energy savings;
Support research and innovation;
Enhance investor certainty by providing clear signals on the policy and
legislative framework;
10
COM (2010) 2020fin Europe 2020-A Strategy for smart, sustainable and inclusive growth;
COM (2008) 13 fin EU Communication on 20 20 by 2020 Europe's climate change opportunity (2008);
COM (2011) 112fin EU Communication on a Roadmap for moving to a competitive low carbon economy in 2050 (2011);
COM (2011) 885fin EU Communication on an Energy Roadmap 2050 (2011);
COM (2011) 144fin EU White Paper on a Roadmap to a Single European Transport Area-Towards a competitive and resource
efficient transport system (2011);
COM (2013) 169fin EU Green Paper on a 2030 framework for climate and energy policies (2013);
COM (2014) 15fin EU Communication on a Policy framework for climate and energy in the period 2020-2030 (2014).
11 Author’s adaptation from COM (2011) 885 fin and COM (2014) 15 fin.
12
Increase energy efficiency in buildings;
Achieve power generation system structural changes.
In EU framework for Transport:12
Sectoral target: -60% GHG emissions by 2050 through the following measures:
Promote new, climate-friendly technologies in vehicles;
Focus on investments in innovation and technology;
Promote investment in clean, intelligent urban transport network;
Enhance high-quality public transport services and means;
Invest in multimodal intercity travel and transport;
Develop new and sustainable fuels and improving fuel quality and economy;
Enhance transport efficiency and infrastructure use by means of information
systems and market-based incentives;
Increase road security and safe transport;
Adopt mixed strategies (through Urban Mobility Plans for instance) involving
urban and land planning, pricing schemes, efficient transport services,
alternative fuels infrastructures to recharging/refuelling vehicles.
EU LCD sectoral legislation
The following paragraphs provide the legal analysis of the sectoral legislation adopted
by the EU in the key sectors relevant for LCD, based on the policies analysed in the
paragraph below.
Starting from the priority areas under the LCD Roadmap scope and according to the
project scope, the analysis focuses on the following topics: GHG monitoring; energy
efficiency in buildings (with cross-reference to energy efficiency in products); biofuels
and energy efficiency in transport; GHG mitigation and transport emissions; fuel
quality; biodiversity protection and agriculture; waste management.
The legislation is analysed using a uniform methodological approach, with regard to
its scope, objectives, main procedures/obligations, authorities involved, requirements,
and sanctions (if any).13
Monitoring and Reporting GHG emissions:
Regulation numbered 2013/525/EU on a mechanism for monitoring and reporting
greenhouse gas emissions and for reporting other information at national and union
level relevant to climate change:
12
Author’s adaptation from COM (2011) 144fin.
13 For more details see paragraph 1.2 on Methodological approach for gap analysis.
13
This Regulation provides fundamental rules and requirements for GHG mitigation
since it establishes a mechanism for monitoring and reporting GHG emissions from
the Member States with the view to continuously assess their progress in achieving
mitigation goals.
The monitoring and reporting mechanism shall be carried out through annual GHG
emission inventories, Biennial Reports and periodic National Communications and
Low Carbon Development Strategies to be drafted at the national level and further
communicated to the EU Commission and the UNFCCC Secretariat.
The mandatory contents, scope, deadlines and requirements of these national reports
and inventories are set according to the UNFCCC legal framework as implemented by
the applicable IPCC Guidelines.14
Overall, the monitoring and reporting system established by the Regulation aims at
attaining the following goals:
Ensuring the timeliness, transparency, accuracy, consistency, comparability
and completeness (TACCC) of reporting by the Union and its Member
States to the UNFCCC Secretariat (i.e.: meeting quality objectives
consistently with IPCC reporting guidelines);
Reporting and verifying information related to commitments of the Union and
its Member States pursuant to the UNFCCC, to the Kyoto Protocol and to
decisions adopted thereunder and evaluating progress towards meeting
those commitments;
Monitoring and reporting all anthropogenic emissions by sources and
removals, by sinks of greenhouse gases not controlled by the Montreal
Protocol on substances that deplete the ozone layer in the Member States;
Monitoring and reporting on the actions taken by the Member States to
adapt to the inevitable consequences of climate change in a cost-effective
manner;
Reporting on the Union’s and its Member States’ LCD Strategies and any
updates thereof in accordance with Decision 1/CP.16.
14
See articles 4 and 12 UNFCCC; CMP Decision 19/CMP.1 and COP Decisions 20/CP.7 on National Systems for GHG
estimation; COP Decisions 18/CP.8 and 14/CP.11 as revised by COP Decision 24/CP.19 on Reporting Guidelines on NIs for
Annex I Parties; COP Decision 4/CP.5 on Reporting Guidelines on NCs for Annex I Parties; and COP Decisions 1/CP.16 and
2/CP.17 on Reporting Guidelines on BRs for Annex I Parties.
See also: the Good Practice Guidance for LULUCF and the Good Practice Guidance and Uncertainty Management in National
Greenhouse Gas Inventories, together with the 2006 Guidelines, all available at http://www.ipcc‐
nggip.iges.or.jp/public/index.html.
14
With regard to the scope, the regulation covers the sectors, the GHG gases, the
Policies and Measures (P&Ms) under the applicable IPCC Guidelines as well as the
LCD Strategies under COP Decision 1/CP.16.
The following duties are set on the Member States:
Appointing the National Authority competent for NI development;
Appointing Monitoring and Reporting Focal Point (competent inventory
authority responsible to fulfil communication duties towards the EU
Commission and the UNFCCC Secretariat) (art.3);
Having a National Inventory System for monitoring and reporting in place
(art.5.1);
Ensuring National Competent Authorities access to relevant data (art. 5.2);
Having National Inventory System continuously improved (art.5.1);
Meet quality objectives ‐TACCC‐ in reporting (art.5.1);
QA/QC (Quality assurance/Quality Control) procedures in place and
implemented (art.6.1. (a);
Development and submission of yearly National Inventory GHG emissions
according to the prescribed format and covering period X‐2, where X stands
for the current year (art.7.1-7.4);
Designation and allocation of responsibilities to National Authority
competent for reporting to EU Commission on P&Ms, projections and low
carbon strategies progress;
Establishment and continued improvement of the National System to
identify, assess and report on P&Ms (artt.12.1 and 13.1);
Quality objectives (TACCC) met in reporting on P&Ms and Projections
(art.12.2);
Biennial reporting on P&Ms and Projections to EU Commission (artt.13 and
14);
Transparent and accurate Monitoring and Reporting national progress
towards the achievement of UNFCCC goals (article 1b)) through LCD
Strategies (art.4).
Energy Efficiency:
Directive numbered 2012/27/EU on energy efficiency;
Directive numbered 2010/31/EU on the energy performance of buildings;
Directive numbered 2009/125/EC establishing a framework for the setting of eco-
design requirements for energy related products;
Regulation numbered 2017/1369/EU setting a framework for energy labelling
15
The regulatory framework on Energy Efficiency (EE hereinafter) is provided by EU
Directive 2012/27.
Its purpose is to establish binding common rules to promote EE within the EU, with the
ultimate goal of achieving its sectoral target of +20% EE by 2020.15
The framework Directive clearly endorses LCD goals, as it recognises EE as a cost-
effective means to tackle climate change ensuring GHG mitigation, reducing energy
imports, enhancing the security of energy supply, accelerating the shift towards
innovation and technology and improving economic growth opportunities and
industrial competitiveness.16
As to its scope, it applies to EE in services, industry, buildings, products and transport,
basically providing framework rules covering the full energy chain (energy generation-
transmission-distribution-use).17
Focusing on EE in buildings, the framework Directive requires the Member States to
adopt a long-term strategy for mobilising investments in the renovation of national
building stock (residential, commercial, private and public) including the following
elements:
Overview of national building stock based on statistical sampling;
Policies and measures to stimulate cost-effective building renovations
(encompassing financial incentives);
Adoption of building codes promoting renewable energy and energy
efficiency in buildings;
An evidence-based estimate of expected energy savings.
Interestingly, the framework Directive calls for public bodies to play an exemplary role
in buildings and in purchases.
15
Please note that, pursuant the Green Paper on 2030 Framework on climate and energy policies, the EU has endorsed a
+27% EE target by 2030, and is currently undergoing a decision making process aiming at raising this level of ambition up to
+30% by 2030. In such a context, a revision of the EE Directive is in process. However, pending the due legislative procedure
for the adoption of the revised EE Directive, the one currently in force shall be considered, with its associated target.
16 See Directive 2012/27/EU preamble, recitals 1-4.
17 Given the scope of this Report, due to cover EE in buildings only, the EE Directive provisions related to other subsectors
(EE in generation-transmission-distribution) will not be dealt with in this paragraph.
Suffice here to point out that article 3 of the Directive requires each Member State to adopt EE Action Plans and set an
indicative national EE target, based on either primary or final energy consumption, primary or final energy savings, or energy
intensity. EE Action Plans shall provide the necessary EE measures to achieve the national target (targets and measures set at
national level shall be reported to the EU Commission to enable the assessment of Member States progresses in contributing
to the achievement of the EU overall EE target by 2020).
Moreover, pursuant article 7, Member States shall set EE obligation schemes applicable to energy distributors or retail energy
sales companies, with the aim to achieve 1.5% energy savings per year through the implementation of energy efficiency
measures.
16
In fact, articles 5 and 6 require the Member States to ensure that:
(from January 2014) 3% of the total floor area of heated and/or cooled
buildings owned and occupied by its central government is renovated each
year to meet at least the minimum energy performance requirements set by
Directive numbered 2010/31/EU (on the energy performance of buildings);
and
Central governments purchase only products, services and buildings with
high energy-efficiency performance, insofar as that is consistent with cost-
effectiveness, economic feasibility, wider sustainability, technical suitability,
as well as sufficient competition.
Public information and education aiming at orienting consumers’ behaviour towards
climate-friendly choices is a top priority of the EE legislation as well.
To this end, articles 9-12 lay down rules ensuring that consumers are allowed to
monitor and be acquainted with their energy use and possible savings, through the
following means:
In so far as it is technically possible, financially reasonable and
proportionate in relation to the potential energy savings, final customers for
electricity, natural gas, district heating, district cooling and domestic hot
water are provided with competitively priced individual meters that
accurately reflect the final customer’s actual energy consumption and that
provide information on actual time of use (so-called smart meters);
Final consumers shall be provided with accurate, transparent billing
information without additional costs;
Small energy consumers shall be informed of the EE measures as well as
fiscal incentives to promote EE behavioural choices.
The EE in buildings regulatory framework analysed so far is further integrated by
Directive numbered 2010/31/EU on the energy performance of buildings.
It applies to all new buildings (residential, commercial, public and private) as well as
existing buildings undergoing a major renovation.18
Its goal is reducing energy consumption and GHG emissions from buildings, by
promoting the improvement of their energy performance (according to article 2 of the
18
Pursuant article 2 of the Directive, major renovation occurs when: (a) the total cost of the renovation relating to the building
envelope or the technical building systems is higher than 25 % of the value of the building, excluding the value of the land upon
which the building is situated; or (b) more than 25% of the surface of the building envelope undergoes renovation. The building
envelope is the integrated elements of a building which separate its interior from the outdoor environment. The technical
building system is the technical equipment for the heating, cooling, ventilation, hot water, lighting or for a combination thereof,
of a building.
17
Directive, energy performance of buildings means: “The calculated or measured
amount of energy needed to meet the energy demand associated with a typical use of
the building, which includes, inter alia, energy used for heating, cooling, ventilation,
hot water and lighting”).19
To this end, it lays down the following obligations for the Member States:
Adoption of a common methodology to calculate the energy performance of
buildings throughout the EU territory;20
Setting of minimum requirements to the energy performance of new
buildings, existing buildings undergoing major renovations and technical
building systems whenever they are installed, retrofitted or upgraded;
19
Annex I to the Directive specifies that: “The energy performance of a building shall be expressed in a transparent manner
and shall include an energy performance indicator and a numeric indicator of primary energy use, based on primary energy
factors per energy carrier, which may be based on national or regional annual weighted averages or a specific value for onsite
production”.
20 Annex I to the Directive provides that: “The methodology for calculating the energy performance of buildings should take into
account European standards and shall be consistent with relevant Union legislation, including Directive 2009/28/EC on the
promotion of renewable energy.The methodology shall be laid down taking into consideration at least the following aspects:
(a) the following actual thermal characteristics of the building including its internal partitions:
(i) thermal capacity;
(ii) insulation;
(iii) passive heating;
(iv) cooling elements; and
(v) thermal bridges;
(b) heating installation and hot water supply, including their insulation characteristics;
(c) air-conditioning installations;
(d) natural and mechanical ventilation which may include air-tightness;
(e) built-in lighting installation (mainly in the non-residential sector);
(f) the design, positioning and orientation of the building, including outdoor climate;
(g) passive solar systems and solar protection;
(h) indoor climatic conditions, including the designed indoor climate;
(i) internal loads.
The positive influence of the following aspects shall, where relevant in the calculation, be taken into account:
(a) local solar exposure conditions, active solar systems and other heating and electricity systems based on energy
from renewable sources;
(b) electricity produced by cogeneration;
(c) district or block heating and cooling systems;
(d) natural lighting.
For the purpose of the calculation buildings should be adequately classified into the following categories:
(a) single-family houses of different types;
(b) apartment blocks;
(c) offices;
(d) educational buildings;
(e) hospitals;
(f) hotels and restaurants;
(g) sports facilities;
(h) wholesale and retail trade services buildings;
(i) other types of energy-consuming buildings”.
18
Adoption of national plans to increase the number of nearly zero-energy
buildings;
Establishment of an energy certification system of buildings based on
common standards and scales;21
Ensuring regular inspection of heating and cooling systems by independent,
qualified experts and release of inspection reports;
Adoption of adequate, proportional, effective penalties applicable for
infringements of the obligations set by the Directive.
Consistently with EE framework Directive, the Building Directive requires public
authorities to perform an exemplary role in implementing its provisions, to show that
environmental concerns are taken into account and to raise public awareness.
To this respect, article 13 states that: “Where a total useful floor area over 250 m2 of
a building for which an energy performance certificate has been issued is occupied by
public authorities and frequently visited by the public, the energy performance
certificate is displayed in a prominent place clearly visible to the public”.
It seems appropriate to conclude the analysis of the EU EE in buildings regulatory
regime with an overview on the main provisions applicable to energy-related products
pursuant Directive numbered 2009/125/EC on their eco-design requirements and
Regulation numbered 2017/1369/EU on their energy labelling.
Indeed, the two pieces of legislation cover a wide range of products (not only energy
appliances but also windows, insulation materials, water-using products) abundantly
used in constructions and holding a great energy saving potential.
21
According to articles 11-17 of the Directive, the following rules apply to the energy performance certification system:
The energy performance certificate shall include the energy performance of a building and reference values such as
minimum energy performance requirements in order to make it possible for owners or tenants of the building to
compare and assess its energy performance;
The certificate may include additional information such as the annual energy consumption for non-residential
buildings and the percentage of energy from renewable sources in the total energy consumption;
The energy performance certificate shall include recommendations for the cost-optimal or cost-effective improvement
of the energy performance of a building or building unit, unless there is no reasonable potential for such improvement
compared to the energy performance requirements in force;
The recommendations included in the energy performance certificate shall cover:
(a) measures carried out in connection with a major renovation of the building envelope or technical building system(s); and
(b) measures for individual building elements independent of a major renovation of the building envelope or technical building
system(s).
The recommendations included in the energy performance certificate shall be technically feasible for the specific building and
may provide an estimate for the range of payback periods or cost-benefits over its economic lifecycle;
The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed
information;
The validity of the certificate shall not exceed 10 years;
The certificate shall be issued buildings constructed, sold or rented out to a new tenant;
a) The certificate shall be issued in an independent manner by qualified, impartial, accredited experts.
19
As such, they can meaningfully contribute to improving the overall energy performance
of buildings provided they are designed with the aim to minimise their negative
environmental impacts.
To this end, Directive numbered 2009/125/EC goal is establishing a uniform
framework at EU level for setting eco-design requirements for energy-related products
to ensure they are freely put in the EU market and contribute to: sustainable
development, an increase of energy security, environmental protection and EE
improvement.
It relies on the assumption that, since energy-related products account for a large
proportion of consumption of natural resources and energy, a preventive approach
shall be taken at an early stage of their life cycle, i.e.: at their design stage, in order to
minimise their negative environmental impacts, including reducing pollution, waste
and GHG emissions they generate, without imperilling their functional qualities.
The Directive does not set emission limits for the products falling under its scope but
rather spells out clear eco-design parameters they shall satisfy in order to be placed
on the EU market.22
Its regime applies to energy-related products defined in article 2 as: “Any good that
has an impact on energy consumption during use which is placed on the market and/or
put into service, and includes parts intended to be incorporated into energy-related
products covered by this Directive which are placed on the market and/or put into
service as individual parts for end-users and of which the environmental performance
can be assessed independently”.23
Pursuant articles 3-9, the following obligations are incumbent on the Member States
and manufacturers/importers of the energy-related products:
22
Annex I to the Directive requires the following aspects to be identified and assessed as part of the ecodesign of the product:
(a) raw material selection and use;
(b) manufacturing;
(c) packaging, transport, and distribution;
(d) installation and maintenance;
(e) use; and
(f) end-of-life, meaning the state of a product having reached the end of its first use until its final disposal.
For each phase of the products life cycle, the following environmental aspects must be assessed where relevant:
(a) predicted consumption of materials, of energy and of other resources such as fresh water;
(b) anticipated emissions to air, water or soil;
(c) anticipated pollution through physical effects such as noise, vibration, radiation, electromagnetic fields;
(d) expected generation of waste material; and
(e) possibilities for reuse, recycling and recovery of materials and/or of energy, taking into account the waste framework
Directive.
23 Please note that the Directive does not apply to means of transport.
20
Member States shall ensure only energy-related products complying with
the Directive requirements are put in the EU market;
The Member States shall appoint the national authorities responsible for
market surveillance, entitled to: check products conformity with
requirements, ask the manufacturer necessary information to implement the
controls, recall non-compliant products from the market;
Manufacturers shall make an assessment of their energy-related products
before putting them on the market with the aim to check their conformity with
the Directive requirements;
Manufacturers (or importers if the manufacturer is not established within the
EU) shall ensure their energy-related products comply with the Directive
requirements and ask for the declaration of conformity to mark the product;
Manufacturers shall provide the energy-related product with the information
on their environmental impact and ecological profile (a description of the
inputs and outputs, such as materials, emissions and waste, associated with
a product throughout its life cycle which are significant from the point of view
of its environmental impact and are expressed in physical quantities that
can be measured);
Manufacturers shall provide consumers with all the relevant information on
the environmental performance of the energy-related product (namely
ecological profile and the role consumers may play to maximise sustainable
use of the product).
In case, as a consequence of market surveillance checks, product results to fail in
complying with the eco-design requirements, the competent national authorities may
oblige the manufacturer to correct the infringement and, in case the non-compliance
persists, they can withdraw the product from the market until compliance is
established.
The regime described so far is integrated by Regulation numbered 2017/1369/EU
establishing a common framework for labelling energy-related products circulating in
the EU market.
It is based on the assumption that consumers may play a significant role in making
sustainable choices if duly informed on the environmental and energy performance of
the products they are offered for use/purchase.
Its goal is to enable customers to choose more energy and environmentally efficient
products in order to reduce their energy (and other natural resources) consumption.
It applies to all products falling under Directive numbered 2009/125/EC scope
(excluded second-hand products unless imported from a third Country).
21
It sets the following obligations:
Member States shall introduce a labelling regime for energy-related
products based on a standardised labelling scale (from A+++ to G, from
green to red colour);
Suppliers shall ensure that products that are placed on the market are
accompanied, for each individual unit and free of charge, with accurate
printed labels and with product information sheets in accordance with the
Regulation requirements;
Dealers shall display at the point of sale in a clear and visible manner the
label provided by the suppliers and make available all the relevant
information to customers;
The Member States shall appoint national market surveillance authorities to
check compliance with Regulation requirements;
Corrective actions shall be required to suppliers if market surveillance
authorities find products not complying with the Regulation;
The Member States shall ensure educational and promotional campaigns
are carried out to widespread environmental awareness on energy labelling.
Agriculture-Renewable Energy & Transport: the regime for biofuels:
Directive numbered 98/70/EC (as amended by Directives numbered 2000/71/EC,
2003/17/EC, Regulation numbered 1882/2003/EC, Directives numbered 2009/30/EC,
2011/61/EU, 2014/77/EU and 2015/1513/EU) on the quality of petrol and diesel fuels;
Directive numbered 2009/28/EC on the promotion of the use of energy from renewable
sources
As already pointed out, LCD is a highly cross-cutting field, thus requiring an integrated
approach and synergy between different yet linked policy areas.
Biofuels regime is particularly significant to this respect, considered it aims at GHG
mitigation through the involvement of agriculture, renewable energy and transport
sectors.
The definition itself of biofuels, provided by article 2 Directive numbered 2009/28/EC,
is representative of this link: “biofuels are liquids or gaseous fuel for transport produced
from biomass”.24
Indeed, the use of land and agricultural material such as manure, slurry and other
animal and organic waste for biogas and biofuels production holds a great GHG saving
potential, thus likely to meaningfully contributing to the development of sustainable
24
See article 2(i) Directive numbered 2009/28/EC and article 2.9 Directive numbered 98/70/EC as amended.
22
transport and lowering the impact of fuel and fuel blends on human health and
environment.
In addition, biofuels production encourages research and innovation in transport and
offers farmers new income opportunities.
Directives numbered 2009/28/EC and numbered 98/70/EC (as amended), provide the
regulatory framework for biofuels.
The goal of Directive numbered 2009/28/EC is promoting renewable energy sources
in EU gross final energy consumption in all sectors and all energy uses (transport
included), with the view to reduce GHG emissions.
In such a context, it sets the binding target of reaching 10% of the transport fuel from
renewable sources such as biofuels by 2020. Fuel suppliers are also required to
reduce the GHG intensity of the EU fuel mix up to 6% by 2020 in comparison to 2010.
Directive numbered 98/70/EC aims at reducing GHG emissions and environmental
pollution improving fuel quality.
Both Directives address biofuels and require Member States to establish a monitoring
system for their life cycle GHG emissions based on common procedures of sampling
and testing (life cycle GHG emissions: net emissions of CO2, CH4 and N2O that can
be assigned to the fuel, including all relevant stages from cultivation, including land-
use changes, transport and distribution, processing and combustion, irrespective of
where those emissions occur).25
Article 7(a) of Directive numbered 98/0/EC sets mandatory reduction targets for
lifecycle GHG emissions per unit of energy from fuel supplied, and the monitoring
system established thereby aims at checking fuel suppliers’ compliance with these
targets.
However, the growing demand of biofuels (parallel to the increase in transport) mainly
due to their high GHG saving potential, makes crucial to ensure their production has
no negative impacts on biodiversity and agricultural land conservation.
25
A deeper analysis of the requirements and regime set by Directive 98/70/EC (as amended) on fuel quality is performed in
the following Section on Transport. Here, its main rules are briefly sketched with the aim to trace the link between biofuels and
agriculture.
23
To this purpose, both Directives lay down the sustainability criteria for biofuels, aiming
at preventing land degradation, wild exploitation of raw materials and natural
resources as well as indirect land use change.26
More in detail, biofuels may be taken into account to meet suppliers GHG emissions
targets only if the following sustainability criteria are fulfilled, irrespective of where the
raw materials used for biofuels are cultivated (inside or outside the EU):
The raw material used shall not be obtained from the following sources:
Land with high biodiversity value (namely: primary forest and other wooded
land and other wooded land of native species);
Areas designated by law or by the relevant competent authority for nature
protection purposes or for the protection of rare threatened or endangered
ecosystems or species (unless evidence is provided that the production of
that raw material did not interfere with those nature protection purposes);
Highly biodiverse grassland;
Land with high carbon stock (namely: wetlands (i.e.: land that is covered with
or saturated by water permanently or for a significant part of the year) and
continuously forested areas (i.e.: land spanning more than one hectare with
trees higher than five metres and a canopy cover of more than 30%, or trees
able to reach those thresholds in situ);
Land that was peatland in January 2008, unless evidence is provided that
the cultivation and harvesting of that raw material does not involve drainage
of the previously undrained soil.
Article 7.c) of Directive numbered 98/70/EC as amended requires that the fulfilment of
sustainability criteria shall be subject to a verification process at national level.
More in detail, economic operators willing to use biofuels to meet their emissions
reduction targets shall provide the Member States with reliable data on the fulfilment
of sustainability criteria.27
To this end, they shall arrange an independent auditing process on the data before
their submission to the national competent authorities.
26 Biofuels production mainly takes place on cropland previously used for other agriculture such as growing food or feed. The
misplacement of such agricultural production from previously cropland to non-cropland such as grasslands and forests with high
carbon stock potential is called indirect land use change and is particularly addressed by Directive 2015/1513/EU as incorporated
in Directive 98/70/EC as amended.
27 For the calculation methodology of life cycle GHG emissions from biofuels see article 7(c), 7(d) and Annex IV of Directive
98/70/EC as amended.
24
Transport:
Directive numbered 98/70/EC (as amended by Directives numbered 2000/71/EC,
2003/17/EC, Regulation numbered 1882/2003/EC, Directives numbered 2009/30/EC,
2011/61/EU, 2014/77/EU and 2015/1513/EU) on the quality of petrol and diesel fuels.
EU LCD Roadmap sets a 60% GHG emissions reduction target in transport to be
attained by 2050 (the baseline year 1990), as part of the overall 80% GHG mitigation
goal.
Improvements in fuel quality may bring significant contributions to achieve this goal,
as changes in fuel blends are likely to lower the GHG emissions and their associated
environmental impacts.
This approach also matches with the LCD goal of decarbonising transport sector by
lowering dependence on fossil fuels and encouraging research and innovation in clean
transport and new, sustainable fuels.
Directive numbered 98/70/EC as amended aims at setting fuel quality standards with
the goal to reduce lifecycle GHG emissions from fuels and energy supplied. 28
It applies to road vehicles and non-road mobile machinery (including inland waterway
vessels when not at sea), agricultural and forestry tractors, and recreational craft when
not at sea.
It spells out:
Compulsory technical specifications on health and environmental grounds
for fuels to be used with positive ignition and compression-ignition engines,
taking account of their technical requirement (Annexes I and II to the
Directive); and
A mandatory target for the reduction of life cycle GHG emissions.
Member States shall:
Establish a monitoring system based on EU standardised procedures of
sampling and testing, to check suppliers’ compliance with technical
specifications for fuel quality and lifecycle GHG emissions reduction target;
Appoint the national authority responsible for managing the monitoring
system;
28
Article 2.6 Directive 98/70/EC as amended: ‘Life cycle greenhouse gas emissions’ means all net emissions of CO2, CH4 and
N2O that can be assigned to the fuel (including any blended components) or energy supplied. This includes all relevant stages
from extraction or cultivation, including land-use changes, transport and distribution, processing and combustion, irrespective of
where those emissions occur”.
25
Prohibit, restrict or prevent the placing on the market of fuels not complying
with technical specifications and GHG reduction target;
Designate the supplier/suppliers responsible for monitoring and reporting
lifecycle GHG emissions per unit of energy from fuel and energy supplied;29
Submit by 31 August each year to the EU Commission a Report on national
fuel quality data covering the preceding year.
Suppliers shall report annually to the national competent authority:
The GHG intensity of fuel and energy supplied within each Member State
by providing, as a minimum, the following information:
(a) the total volume of each type of fuel or energy supplied, indicating where
purchased and its origin; and
(b) lifecycle GHG emissions per unit of energy.
Directive numbered 2014/94/EU on the deployment of alternative fuels infrastructure
The legal analysis of the legislation aiming at promoting decarbonised transport
through a) alternative fuels (i.e.: fuels or power sources substituting fossil oil sources)
and b) improved fuels quality, shall be integrated by Directive numbered 2014/94/EU.
Its purpose is to lower dependence on oil fuels and enhance mitigation actions in
transport, by promoting the uptake of fuel technology and infrastructure build-up.
It provides the regulatory framework for:
Setting a common framework of measures for the deployment of alternative
fuels infrastructure in the EU;
Implementing minimum requirements for the building-up of alternative fuels
infrastructure, including recharging points for electric vehicles and refuelling
points for natural gas (LNG and CNG) and hydrogen, to be implemented by
means of Member States' national policy frameworks;
Implementing common technical specifications for such recharging and
refuelling points;
Ensuring users information on the topics above.
Its scope covers the infrastructures to refuel/recharge vehicles wholly or partially run
by alternative fuels (electricity, hydrogen, biofuels, synthetic and paraffinic fuels,
natural gas and LPG).
29
Article 2.7 Directive numbered 98/70/EC as amended ‘GHG emissions per unit of energy’ means the total mass of CO2
equivalent greenhouse gas emissions associated with the fuel or energy supplied, divided by the total energy content of the fuel
or energy supplied (for fuel, expressed as its low heating value).
26
According to its provisions, Member States shall:
Adopt a national policy framework for the development of the market of
alternative fuels in the transport sector and the deployment of the relevant
infrastructure, including at least the following elements:
an assessment of the current state and future development of the market for
alternative fuels and of the development of alternative fuels infrastructures;
national targets and objectives for the development of alternative fuels
infrastructures;
measured envisaged to achieve the targets and objectives endorsed;
designation of the urban/suburban agglomerations, or other densely
populated areas and of networks which, subject to market needs, are to be
equipped with recharging points accessible to the public;
consideration of the need to install electricity supply at airports for use by
stationary aeroplanes.
Articles 4-6 set out the following binding timetable for the Member States to achieve
full coverage of the infrastructures needed according to their national policy
framework:
The appropriate number of electricity supply recharging points in
urban/suburban and other densely populated areas by December 2020;
The appropriate number of hydrogen refuelling points (only if the Member
States opt to include hydrogen in their sectoral policy framework) by
December 2025;
The appropriate number of natural gas supply points in urban/suburban and
other densely populated areas by December 2025;
The appropriate number of LPG refuelling points at maritime ports by 31
December 2025.
Similarly, to other policy areas analysed in this Chapter, education and awareness
raising of consumers also play a relevant role to stimulate climate-friendly choices,
ultimately contributing to the effective implementation of the Directive as well as to the
achievement of its goal.
To this end, article 7 requires the Member States to ensure vehicle users are provided
with clear, reliable and easy-to-access data regarding the geographic location of the
refuelling and recharging points accessible to the public.
Key information concerning the availability of recharging and refuelling points should
be included, where applicable, in traffic and travel information services as part of the
EU intelligent transport system.
27
The information shall be made available on a non-discriminatory basis and, when
regarding those motor vehicles which can be regularly fuelled with individual fuels
placed on the market, or recharged by recharging points, be included in motor vehicle
manuals and provided at refuelling and recharging points and in motor vehicle
dealerships.
Regulation numbered 443/2009/EC setting emission performance standards for new
passenger cars as part of the Community's integrated approach to reduce CO2
emissions from light-duty vehicles;
Regulation numbered 510/2011/EC setting emission performance standards for new
light commercial vehicles as part of the Union's integrated approach to reduce CO2
emissions from light-duty vehicles, as amended by Regulation numbered
253/2014/EU and Commission Delegated Regulation numbered 404/2014/EU
The EU has adopted a package of legislative measures aiming at: achieving clean
mobility curbing the GHG emissions from road transport, improving efficiency and fuel
economy30 at the same time encouraging eco-innovation.
As part of this package, Regulations numbered 443/2009/EC and 510/2011/EC as
amended, respectively address new passengers cars and vans (so-called light-duty
vehicles) laying the requirements to reduce their CO2 emissions and improving their
mitigation performance.31
The goal of the two is twofold: on one hand, to mitigate GHG emissions from road
transport, currently accounting for a large amount of EU overall emissions, on the other
hand, to encourage innovation and technology in vehicle industry, at the same time
ensuring the proper functioning of the EU internal market.
The Regulations establish binding CO2 emissions performance requirements for light-
duty vehicles.
More in detail, an overall target for average emissions from new vehicles fleet is set at
EU level according to a phase in approach.
Specifically, the following targets and timetables are set:
30
Fuel economy refers to the ratio between the distance run by a vehicle and the amount of fuel needed to travel the distance.
An improved fuel economy therefore refers to the capability of the vehicle to run a distance with a lower amount of fuel
compared to b.a.u. scenario.
31 Given their close similarities with respect to obligations, targets and legal tools envisaged, the two Regulations are analysed
together, bearing in mind their different scope, namely cars for Regulation 443/2009/EC and vans for Regulation 510/2011/EC
as amended.
28
For cars fleet:
130gCO2/km by 2015;
95gCO2/km by 2020
For vans fleet:
175gCO2/km by 2017;
147gCO2/km by 2020.
The targets shall be achieved by vehicles manufacturers, by means of improvements
in vehicle motor technology as measured according to Regulation numbered
715/2007/EU on type-approval of motor vehicles with respect to emissions (Euro 5
and Euro 6 regimes).32
Specific average emission limits applying to manufacturers are calculated according
to the mass of the vehicle, using a limit value curve (Annex I to the Regulation) and
taking into consideration the number of new vehicles produced in the calendar year.
Manufactures obligation is not exceeding its specific average CO2 emissions targets
per the calendar year.
The system relies on a monitoring scheme established by the Member States.
To this end, they shall:
Set up the specific average CO2 emissions monitoring system and appoint
the responsible authority to manage the system;
Record each year the data on new vehicles registered in its territory
including:
the manufacturer;
type, variant and version of the vehicle;
its specific emissions of CO2 (g/km);
its mass (kg);
its wheel base (mm);
its track width (mm).
32
Regulation 715/2007/EC harmonises the technical requirements for reducing emissions from light-duty vehicles and covers
their replacement parts, such as pollution control devices. It sets out rules for their servicing, repair and maintenance.
The following duties are set for manufacturers: prove that all new vehicles and new pollution control devices comply with the
legislation and can meet the emission limits during a vehicle’s normal life; ensure that pollution control devices can last 160.000
km and are checked after 5 years or 100.000 km, whichever is the sooner; provide buyers with CO2 emissions and fuel
consumption figures; design, construct and assemble components so that the vehicle complies with the legislation; not use
defeat devices that reduce the effectiveness of emission control systems.
Member States shall: release the type approval (i.e.: certificate of conformity) to vehicles complying with the Regulation
requirement; refuse type approval for vehicles not complying with them.
29
Calculate each year the following:
the total number of new passenger cars registered in its territory;
the average specific emissions of CO2;
the average mass.
A penalty system, consisting of pecuniary sanctions, is foreseen for the manufacturers
not complying with Regulations’ duties.
In fact, if average CO2 emissions of a manufacturers fleet exceed its yearly specific
limit value, an excess emission premium shall be paid for each vehicle registered.
More in detail:
Euro 5 for the first g/km exceedance;
Euro 15 for the second g/km;
Euro 25 for the third g/km;
Euro 95 for the subsequent ones;
From 2019 onwards, Euro 95 from the first g/km exceedance.
On the other hand, since the Regulations also aim at promoting investments in new
climate-friendly technologies, rewards are envisaged for manufacturers who opt for
eco-innovation.
Indeed, they may benefit from supercredits33 if they produce cars emitting below 50 g-
CO2/km.
Directive numbered 1999/94/EC relating to the availability of consumer information on
fuel economy and CO2 emissions in respect of the marketing of new passenger cars
(Car Labelling Directive), as amended by Directive numbered 2003/73/EC, Regulation
numbered 1882/2003/EC and Regulation numbered 1137/2008/EC
One of the pillars of LCD is changing consumers’ behaviour by enhancing climate
information and awareness raising.
The ultimate aim is spreading climate information to provoke a social impact, namely
pushing on users’ purchases stimulating them towards climate-friendly products.
To this respect, the Car Labelling Directive may be deemed as complimentary to
Regulation numbered 443/2009/EC.
Indeed, it relies on the assumption that providing accurate, transparent and reliable
information on cars emissions and fuel economy may have the twofold positive effect
of: firstly, influencing consumers’ choice in favour of those cars which use less fuel
33
Each low emitting vehicle will be counted as more than one vehicle, thus meaningfully contributing to the calculation of the
specific average CO2 emissions limits.
30
and thereby emit less CO2 and, as a consequence, encouraging manufacturers to
reduce the fuel consumption of the cars they produce.
Its purpose is, therefore, to ensure that information relating to the fuel economy and
CO2 emissions of new passenger cars offered for sale or lease in the EU is made
available to consumers in order to enable them to make an informed choice.
To this end, the Directive establishes a consumer information scheme, based on the
following standardised set of tools, which shall accompany the car at its point of sale
a label;
a guide;
a poster; and
other sources of promotional literature.34
As to the scope, it applies to new and used cars offered for sale and lease.
It sets the following obligations on the Member States to implement the information
duties:
Ensure that a label on fuel economy and CO2 emissions are attached to or
displayed, in a clearly visible manner, near each passenger car model at the
point of sale;
Ensure that a guide on fuel economy and CO2 emissions are produced in
consultation with manufacturers on at least an annual basis. The guide shall
be portable, compact and available free of charge to consumers upon
request both at the point of sale and also from a designated body within
each Member State;
Ensure that, for each car, a poster (or, alternatively, a display) is exhibited
in a prominent position with a list of the official fuel consumption data and
the official specific CO2 emissions data of all passenger car models
displayed or offered for sale or lease at or through that point of sale;
Provide consumers with all promotional literature and other material
containing the official fuel consumption and the official specific CO2 emission
data of the passenger car models to which it refers.
Labels, posters and other material not complying with the standardised information
system described above shall be prohibited.
34
The label, the guide, the poster and the promotional literature features are standard throughout the EU territory.
Their formats, size (for labels and posters) and contents are identifyied by Annexes I-IV of the Car Labelling Directive.
31
Directive numbered 2009/30/EC on the promotion of clean and energy-efficient road
transport vehicles
This Directive also complements the transport legislation setting emission
performance standards for light-duty vehicles, as it particularly aims at stimulating
public bodies to play an exemplary role in promoting LCD goals.
In fact, it requires contracting authorities, contracting entities as well as certain
operators to take into account lifetime energy and environmental impacts, including
energy consumption and emissions of CO2 and of certain pollutants, when purchasing
road transport vehicles.
Its overall goal is promoting the market for clean and energy efficient vehicles and
improving the contribution of the transport sector to the environment, climate and
energy targets of the EU.
Its scope covers all contracts for the purchase of road transport vehicles regulated by
the EU public procurement Directives and the public service Regulation,35 including
the ones used for performing public passenger transport services under a public
service contract.
According to article 5, Member States shall ensure that, from 4 December 2010, all
contracting authorities, contracting entities and operators, when purchasing road
transport vehicles, take into account at least the following operational lifetime energy
and environmental impacts:
Energy consumption;
Emissions of CO2; and
Emissions of NOx, NMHC and particulate matter.
To do so, they shall implement one of the following options:
Setting technical specifications for energy and environmental performance
in the documentation for the purchase of road transport vehicles on each of
the impacts considered, as well as any additional environmental impacts; or
Including energy and environmental impacts in the purchasing decision.36
35
See Directives 2004/17/EC and 2004/18/EC as well as Regulation 1370/2007/EC.
36 In such a case, where a procurement procedure is applied, this shall be done by using these impacts as award criteria.
While in cases where these impacts are monetised for inclusion in the purchasing decision, the methodology set out in article 6
of the Directive shall apply to calculate operational lifetime cost of the energy consumption of a vehicle.
32
Regulation numbered 2015/757/EC on the monitoring, reporting and verification of
carbon dioxide emissions from maritime transport, and amending Directive
2009/16/EC
This Regulation represents a first, important milestone to include CO2 emissions from
maritime transport into the EU 2030 40% GHG emissions reduction target (compared
to 1990 levels) and into the longer term LCD transport goals.
Its purpose is to reduce CO2 emissions and risks due to fossil fuels dependency in the
maritime transport sector, at the same time promoting efficiency and carbon neutral
technology in this sector.
To this end, it sets an EU Monitoring, Reporting and Verification (MRV) system for
international maritime CO2 emissions, expected to lead to emission reductions of up
to 2% compared to business-as-usual, and aggregated net costs reductions of up to
EUR 1,2 billion by 2030.37
More in detail, it provides the rules for the accurate MRV of CO2 emissions and of
other relevant information from ships arriving at, within or departing from ports under
the jurisdiction of a Member State.
Such MRV scheme relies on a system of independent verifiers, professionally qualified
and accredited by competent national authorities, entrusted with the duty of verification
of data and information submitted by the ship companies according to the format, rules
and timetables set by the Regulation.38
As to the scope, it applies to ships above 5.000 gross tonnage in respect of CO2
emissions released during their voyages from their last port of call to a port of call
under the jurisdiction of a Member State and from a port of call under the jurisdiction
of a Member State to their next port of call, as well as within ports of call under the
jurisdiction of a Member State.39,40
37 This reduction would come from the removal of market barriers, in particular those related to the lack of information about ship
efficiency, thanks to the provision of comparable and reliable information on fuel consumption and energy efficiency to the relevant
markets brought from the MRV system. (See Regulation 2015/757/EC preamble).
38 On the role of the verifiers, see articles 13-16 of the Regulation.
39 Warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, ships not propelled by
mechanical means, or government ships used for non-commercial purposes are excluded from the scope of this Regulation.
40 The choice to put a 5.000GT threshold and include only CO2 emissions has been reckoned as non discriminatory, since it
responds to the need to reduce administrative burdens for SMEs.
GHG other than CO2 should not be covered by the Union MRV system at this first stage to avoid requirements to install not
sufficiently reliable or commercially available measuring equipment, which could imperil the implementation of the EU MRV
system.
33
The MRV system is based on clear-cut obligations for ship companies.
More in detail, they have to comply with the following binding duties:
For each of their ships, monitor and report CO2 emissions from the
combustion of fuels, while the ships are at sea as well as at berth (the
reporting period shall cover one-year timeframes);
Ensure the monitoring and reporting is reliable, accurate, transparent,
complete and ensure transparency and integrity of data reported;
Submit a monitoring plan41 to the verifiers for each of their ships indicating
the method chosen to monitor and report their CO2 emissions and other
relevant information;42
Monitor CO2 emissions for each ship on a pre-voyage and annual basis
(once monitoring plan is positively assessed by verifiers);
Starting from 2019, by 30 April of each year, submit to the EU Commission
and to the authorities of the flag States concerned an emissions report
concerning the CO2 emissions and other relevant information for the entire
reporting period for each ship under their responsibility, which has been
verified as satisfactory by a verifier;
Ensure that by 30 June following the end of a reporting period, ships arriving
at, within or departing from a port under the jurisdiction of a Member State,
and which have carried out voyages during that reporting period, carry on
board a valid document of compliance (i.e.: document issued to a company
by a verifier, which confirms that that ship has complied with the
requirements of the Regulation for a specific reporting period).43
Proportionate, dissuasive and effective penalties shall be issued by the Member
States for companies not complying with the MRV requirements described above.
Besides, in the case of ships that have failed to comply with the monitoring and
reporting requirements for two or more consecutive reporting periods and where other
enforcement measures have failed to ensure compliance, the competent authority of
the Member State of the port of entry may issue an expulsion order which shall be
Moreover, it stems from the assumption that CO2emissions are currently the most relevant GHG emissions coming from
maritime transport and from the Ships above 5.000GT currently account for around 55 % of the number of ships calling into
Union ports and represent around 90% of the related emissions.
41 Article 6 of the Regulation spells out the mandatory content of the monitoring plan.
42 The methodologies allowed for use are set by Annex I to the Regulation and range from BDN and periodic stocktakes of fuel
tanks, to Bunker fuel tank monitoring on board, to Floe meters for applicable combustion processs, to Direct CO2 emissions
measurement. 43 For other details on the document of compliance see article 17 of the Regulation.
34
notified to the Commission, the European Maritime Safety Agency, the other Member
States and the flag State concerned.
Consequently, every Member State shall refuse entry of the ship concerned into any
of its ports until the company fulfils its monitoring and reporting obligations consistently
with the Regulation requirements.
Waste:
Directive numbered 2008/98/EC on waste
Directive numbered 1999/31/EC on the landfill of waste
The analysis of the EU legislation covering waste sector will be dealt with reference to
its framework regime as regulated by Directive numbered 2008/98/EC (the Framework
Directive) and, at the subsectoral level, with reference to Directive numbered
1999/31/EC regulating one of the most LCD sensitive waste subsectors, namely
landfill of waste.
Indeed, while waste management policy and framework legislation aimed at
preventing/reducing harmful effects of waste production and management on the
environment and human health, landfilling one specifically targets
prevention/reduction of methane and other emissions from landfills with specific regard
to combating climate change.
In such a context, our legal analysis starts from the framework Directive implementing
the main principles and goals of EU waste policy, by aiming at achieving the following
goals:
Minimising the negative effects of the generation and management of waste
on human health and the environment;
Reducing the use of natural resources (through re-use and recycle);
Improving the efficient use of natural resources (through re-use and
recycle);
Management of waste at the national level by virtue of proximity and self-
sufficiency principles.
To this end, the Framework Directive relies on some fundamental pillars:
The first one is represented by article 4, introducing the waste hierarchy, namely the
following priority order in waste prevention/management measures the Member States
shall deploy to meet the goals mentioned above (Figure 2).
35
Figure 2. Waste management hierarchy44
The second important pillar of the Framework Directive is embedded by the provisions
spelling out the definitions of by-products, end of waste status, re-use, recovery and
recycle, fundamental ones to duly enact the waste hierarchy as well as the regulatory
framework set at EU and national level.45
44
Directive numbered 2008/98/EC on waste (Waste Framework Directive) - Environment - European Commission." Ec.eu. 9
Jun. 2016. Accessed: 24/03/2018.
45 Article 3 Framework Directive:
‘re-use’ means any operation by which products or components that are not waste are used again for the same purpose for
which they were conceived;
‘recovery’ means any operation the principal result of which is waste serving a useful purpose by replacing other materials
which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant
or in the wider economy;
‘recycling’ means any recovery operation by which waste materials are reprocessed into products, materials or substances
whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery
and the reprocessing into materials that are to be used as fuels or for backfilling operations.
Article 5:
‘by-product’ means:
A substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be
regarded as not being waste referred to in Article 3 but as being a by-product only if the following conditions are met:
(a) further use of the substance or object is certain;
(b) the substance or object can be used directly without any further processing other than normal industrial practice;
(c) the substance or object is produced as an integral part of a production process; and
(d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection
requirements for the specific use and will not lead to overall adverse environmental or human health impacts.
Article 6:
‘end-of-waste status’:
Certain specified waste shall cease to be waste within the meaning of Article 3 when it has undergone a recovery, including
recycling, operation and complies with specific criteria to be developed in accordance with the following conditions:
(a) the substance or object is commonly used for specific purposes;
(b) a market or demand exists for such a substance or object;
(c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and
standards applicable to products; and
(d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.
36
Thirdly, article 8 of the Framework Directive, introducing the “extended producer
responsibility" principle to strengthen the implementation of the waste hierarchy.
Accordingly, it requires the Member States to take legislative or non-legislative
measures to recognise extended producer responsibility on any natural or legal person
who professionally develops, manufactures, processes, treats, sells or imports
products (producer of the product) through, for instance:
Imposing them an acceptance of returned products and of the waste that
remains after those products have been used, as well as the subsequent
management of the waste and financial responsibility for such activities; and
Imposing them the obligation to provide publicly available information as to
the extent to which the product is reusable and recyclable.
As part of the efforts to implement the extended producers’ responsibility principle, the
Member States may also encourage the design of eco-compatible products which are
more likely subject to re-use, recycle and recover after their primary use.
The pillar four may be recognised in article 11, setting the following two binding targets
for the Member States, in order to meet the Directive’s goals and shift towards a more
recycling, resource efficient society by 2020:
(a) increase to a minimum of overall 50% by weight of the preparing for re-use and the
recycling of waste materials such as at least paper, metal, plastic and glass from
households; and
(b) increase to a minimum of 70% by weight of the preparing for re-use, recycling and
other material recovery, including backfilling operations using waste to substitute other
materials, of non-hazardous construction and demolition waste.
In addition to the duties and procedures described above, the Framework Directive
requires the Member States to develop and adopt national waste management and
prevention plans, whose mandatory minimum contents are pointed out in its article 28.
Finally, pursuant article 23, Member States shall set up a permitting system covering
all undertakings intending to carry out waste management activities.
In such a context, focusing on undertakings dealing with a landfill of waste operations,
the regulatory framework provided by Directive numbered 2008/98/EC described so
far shall be integrated by the provisions set out in Directive numbered 1999/31/EC (the
Landfill Directive).
The Landfill Directive objective is indeed meeting the Framework Directive
requirements and goals by means of stringent operational and technical requirements
ensuring prevention or reduction as far as possible of the negative effects on the
37
environment, the pollution of surface water, groundwater, soil and air, and on the
global environment, including the greenhouse effect, as well as any resulting risk to
human health, from landfilling of waste, during the whole life-cycle of the landfill.
It introduces the following classification system applying to landfills according to the
type of waste treated therein:
landfill for hazardous waste;
landfill for non-hazardous waste;
landfill for inert waste.
Similarly to the Framework Directive, it requires the Member States to set up a national
strategy but, in this case, specifically addressing the reduction of biodegradable waste
going to landfills.46
Building on the permit requirement system established by the Waste Framework
Directive, the Landfill one sets stringent, common EU rules for the operation of a
landfilling site.
More in detail, the operators wishing to manage a landfill economic activity shall apply
for the required permit to the national competent authority.
The Member States shall deploy the national legislative and administrative measures
to ensure the permit and the permitting procedure meet the following conditions:
The permit application shall include at least the information to identify: the
applicant (and the operator if not the same); the types and quantity of waste
to be deposited; the capacity of the disposal site; the description of the site
(including hydrogeological and geological features); the proposed pollution
prevention and reduction methods; the proposed monitoring, operation and
control plan; the proposed after-closure plan;
The permit issued by the designated competent national authority shall
include at least: the identification of the landfill class; the list of type and
quantity of waste authorised for deposit; requirements for landfill operation,
monitoring, closure and post-closure phases; the obligation for the operator
to report annually on the results of the monitoring plan implementation.
Waste acceptance procedure shall ensure regular and stringent activities of checking,
verification and registration of the type and quantity of waste, to ensure compliance
with the permit conditions is met.
46
The national strategies shall endorse the measures to meet the binding targets of progressively reduction of biodegradable
municipal waste going to landfill (75% five years after the entry into force of the Landfill Directive; 50% after 8 years; 35% after
15 years). For more details and for the baseline year to refer to, please see article 5.2 of the Landfill Directive.
38
The Member States shall designate the national authorities empowered with
inspection duties during the operational phase as well as the closure and post-closure
ones.
Finally, during closure and post-closure stages, the operator shall be kept responsible
for the landfill site maintenance, monitoring and control activities according to the
permit conditions, in order to ensure the prevention of any adverse effect on the
environment.
Agriculture:
The EU Common Agricultural Policy (CAP)
Regulation (EU) No 1307/2013 - establishing rules for direct payments to
farmers under support schemes within the framework of the common
agricultural policy and repealing Council Regulation (EC) No 637/2008 and
Council Regulation (EC) No 73/2009),
Regulation (EU) No 1306/2013 on the financing, management and
monitoring of the common agricultural policy and repealing Council
Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No
814/2000, (EC) No 1290/2005 and (EC) No 485/2008),
The Nitrates Directive numbered (91/676/EEC) as amended by Regulations
1882/2003/EC and 1137/2008/EC
The Decision No 529/2013/EU on LULUCF
The European Union’s Common Agricultural Policy (CAP) is the main agricultural
policy instrument of the EU, which plays an important role in promoting
environmentally and climate-friendly practices and needs to respond to the new
environmental challenges by better integrating its objectives with other EU policies.
The CAP has among its major objectives tackling climate change, for what concerns
both adaptation and mitigation strategies. In the past CAP reforms, emission mitigation
was not a major objective and farm-level data in this respect were neither available
nor reliable. On the contrary, the recent (2014–2020) CAP reform declares the
reduction of emission as a major policy objective and it made a further step, making a
large part of direct payments conditional on new agricultural practices beneficial for
the climate and the environment, i.e. "greening".
Both the size of agriculture and its practices are changing. Since 1990 agricultural
GHG emissions in CO2 equivalents decreased by 20% in the EU-28. Over time the
CAP has developed a focus on environmental performance.
Among others, the CAP currently provides substantial support to climate mitigation
and adaptation actions in agriculture. However more has to be done to achieving GHG
39
reductions in agriculture sector without undermining food security while helping
farmers to adapt to the adverse impacts of climate change.47
The CAP has considerable potential to support climate mitigation and adaptation by
guiding and requiring how individual farmers choose to manage their land, crops and
livestock and how they use inputs, including energy, fertilisers and water, and how
they manage their by-products, wastes, residues and other non-food materials.
Being part of a broader legislative framework for water protection and management, 48 the Nitrates Directive is particularly interesting as it links environmental, climate and
agricultural policies goals.
Nitrates pollution on agricultural soils induces emitting of N2O, which is considered a
direct GHG mainly from the agriculture sector. Emissions come primarily from the
reaction of nitrogen in soils with the air and can best be avoided by reducing the levels
of applied nitrogen fertilisers. This has to some extent been achieved by the Nitrates
Directive, which mainly targets water pollution, but is also helping climate mitigation
as a result of cross compliance (rules that farmers must comply with to receive direct
payments under the CAP) and by directly avoiding N2O emissions.
Its objectives are: protection of waters against pollution caused by nitrates from
agricultural sources by reducing water pollution caused or induced by nitrates from
agricultural sources and to prevent further such pollution.
To this end, it sets the following obligations on Member States:
Designate as vulnerable zones all known areas of land in their territories
draining into waters which are or could be affected by high nitrate levels and
eutrophication (i.e.: areas which contribute to pollution);
Establish action programmes (a set of compulsory measures to be
implemented by farmers with the aim of reducing nitrate pollution) for
vulnerable areas;
Monitor the effectiveness of action programmes;
Monitor the nitrate content of waters (surface waters and groundwater) at
selected measuring points which make it possible to establish the extent of
nitrate pollution in the waters from agricultural sources;
Draw up a code of good agricultural practice which farmers apply on a
voluntary basis;
47
Evaluation of the impact of the CAP measures on climate change and greenhouse gas emissions
48 Reducing nitrates is one of the objectives of the Water Framework Directive 2000/60/EC. Therefore, the Nitrates Directive
shall be considered as integral part of the water protection legislative framework.
40
Provide training and information for farmers,
Moreover, the Nitrates Directive includes rules for the use of animal manure and
chemical fertilisers. A key measure is that Member States should guarantee that
annual application of N by animal manure at the farm level does not exceed 170 kg/ha.
A higher rate may be allowed when it can be demonstrated that the objectives of the
Directive will still be realised.49
Although LULUCF sector is not covered in the project scope, regarding the
management of the agricultural lands, EU's Decision on LULUCF should also be
taken into consideration due to the fact that it refers to some important agricultural
measures which is also pointed out in the NCCAP of Turkey in terms of reduction of
the GHG emissions from the agriculture sector.
Various departments under the MoFAL conduct related activities and different range
of projects in this respect. Agricultural Environment and Natural Resources
Conservation Department / Climate Change Adaptation Working Group act as the
focal point of climate change related issues in the Ministry; but not only conduct climate
related projects but also take part in other projects as a stakeholder; responsible for
preparing GHG stock-taking for LULUCF with General Directorate of Forest.
2.2. Turkey’s Legal Framework
As above mentioned under 1.2, the Turkish relevant legal framework for LCD has been
identified according to the key priority areas mentioned in the EU LCD related acquis.
The measures, actions, targets and goals set under the national policies. In the
following paragraphs framework policies, laws and regulations are analysed
respectively. As framework policies (divided into two groups in itself: cross-cutting50
and sector-specific policies51) have already been discussed in Status Report, this
section only provides a general overview on LCD related policies and strategy
documents.
After an overview of the Turkish main LCD related policy framework, the focus is
shifted to sector relevant LCD legislation.
49
Hans J.M. Van Grinsven, Aaldrik Tiktak, Carin W. Rougoor, Evaluation of the Dutch implementation of the nitrates directive,
the water framework directive and the national emission ceilings directive, NJAS - Wageningen Journal of Life
Sciences,Volume 78, 2016, Pages 69-84, ISSN 1573-5214, https://doi.org/10.1016/j.njas.2016.03.010
50 Such as 10th National Development Plan, National Climate Change Strategy (NCCS), National Climate Change Action Plan,
National Climate Change Adaptation Strategy and Action Plan, Strategy on Energy Efficiency.
51 Such as Transport and Communication Strategy Document, National Smart Transportation Systems Strategy Document and
its Action Plan, National Waste Management and Action Plan, Waste Water Treatment Action Plan, National Basin
Management Strategy. For other sector specific policies see Status Report.
41
2.2.1. Analysis of Turkish LCD Policies and Legislation
National Policies for LCD: Plans, Strategy Plans and Action Plans in Key Sectors
Turkey has adopted Plans, Strategy Plans and Action Plans to identify priorities to be
addressed, goals to be achieved, measures needed and targets to be met for LCD
related to specific policy areas. These relevant documents that have already been
discussed in the Status Report in detail, compose the LCD framework policies of
Turkey.
In parallel to EU Policy Papers, these unbinding cross-cutting and/or sector-specific
documents that provide strategic planning on the short-medium-long term, serve as
guidelines for relevant actions, measures to be taken. Additionally they reflect Turkish
government’s vision on LCD.
For example, as discussed in Status Report, the 10th Development Plan emphasises
“Green Growth” and refers to Green Growth opportunities in areas such as energy,
industry, agriculture, transportation, construction, services and urbanization. National
Climate Change Action Plan (NCCAP), the main national plan, identifies sectoral
climate actions to reduce GHG emissions and to increase climate resilience for Turkey
in order to meet national INDC targets. Additionally, NCCAP, sets clear objectives for
mitigation and identifies purposes, objectives and greenhouse gas emission control
actions for each topic (energy, industry, forestry, agriculture, buildings, transport, and
waste and climate change adaptation) separately. National Climate Change
Strategy Document (NCCS), also discussed in the Status Report, defines national
climate change vision, reveals the strategic goals, sets objectives to be implemented
in the short term, mid-term, and long-term. It also guides the actions (such as energy
efficiency measures, use of renewable sources, transportation type) for GHG emission
reduction in the energy, transportation, industry, waste, land use, agriculture and
forestry sectors.
Unlike EU Roadmaps, these documents do not envisage a direct GHG emission
mitigation target. Generally, GHG emission mitigation targets are defined indirectly
through mitigating actions in the key sectors.
However, by INDC52 sent on 30 September 2015, Turkey directly declared a
greenhouse gas reduction target (including land use, land use change and forestry
(LULUCF) of up to 21% below business as usual (BAU) in 2030 which is expected to
be 1,175 MtCO2-eq in 2030.
52
The document states that Turkey defines its emissions reduction and adaptation strategies within this framework.
42
To sum up, LCD serves to achieve a range of outcomes like environmental,
economic, and social. In this regard, LCD requires correlation, correlation and
harmonization among policies. Parallel to EU, in Turkey, “LCD” deemed as an inter-
sectoral policy and the actions are planned with an integrated approach. On the other
hand, “LCD” is not deemed as a separate policy in Turkey, contrary, it is evaluated
with or under “climate change” policy.
Main Frame Legislation: Environmental Law53
The Environment Law, which considers the environment as a whole: preventing and
eliminating environmental pollution, besides the management of the natural resources
and the land, composes the mainframe legislation for climate change including LCD.
It has been published in the Official Gazette in Turkey on 11 August 1983. The purpose
is to protect and improve the environment which is the common asset of all citizens;
make better use of, and preserve land and natural resources in rural and urban areas;
prevent water, land and air pollution; by preserving the country's vegetative and
livestock assets and natural and historical richness, organize all arrangements and
precautions for improving and securing health, civilization and life conditions of present
and future generations in conformity with economic and social development
objectives, and based on certain legal and technical principles. This Law outlines
Turkey’s environmental policy in general terms and it embraces the “polluter pays”
principle. Secondary regulations have been issued on air quality protection, air
pollution control, landfill, integrated waste management, wastewater, chemicals, noise
management, ozone-depleting substances and monitoring of GHG emissions to
ensure the Law’s implementation.
Article 3(h) of the Environment Law directly accepts “utilization of market-based
mechanisms such as supporting of renewable energy sources and clean technologies,
emission pricing, contamination pricing, and carbon trading" as one of the general
target principle regarding environmental protection and preventing environmental
pollution. Additionally, Article 20 of the Environment Law regulates administrative
sanctions and punishes the motor vehicle owners or industrial plants for having more
emissions than standards with an administrative fine.
LCD Sectoral Legislation
The following paragraphs provide the legal analysis of the sectoral legislation adopted
by Turkey in the LCD related key sectors.
53
Environmental Law Numbered 2872, Official Gazette Date: 11 August 1983 No: 18132. Lastly Updated in 2006.
43
Parallel to EU part discussed above, taking into consideration the Project scope, the
analysis focuses on the following topics: GHG monitoring, energy efficiency in
buildings, biofuels and energy efficiency in transportation, GHG mitigation and
transport emissions, fuel quality biodiversity protection and agriculture, waste
management.
In comparison with the EU Part, having regard to its scope, objectives, main
procedures/obligations, involved authorities, requirements and sanctions (if any)
relevant Turkish legislation corresponding to EU Legislation (if any) are analysed using
a unified methodological approach.54
In Turkey’s legislative hierarchy, laws precede regulations, regulations precede by-law
which in turn are higher in legislative hierarchy as compared to communiqués.
Monitoring and Reporting GHG Emissions:
Based on the legislative hierarchy, several existing legislation can be identified that
have a direct relevance to “Monitoring and Reporting of GHG emissions” in Turkey.
Legislation components of MRV are as follows:
Table 5. Legislation Components of MRV
By-Law on Monitoring of
Greenhouse Emissions
Communiqué on Monitoring
and Reporting of Greenhouse
Gas Emissions
Communiqué on Verification of
the Greenhouse Gas
Emissions Reports and
Authorization of Verifying
Institutions
Monitoring, Reporting and
Verification (MRV)
Procedures and Principles of
Monitoring and Reporting
Authorization of Verifying
Institutions
By-Law on Monitoring of Greenhouse Emissions55
The purpose of the By-Law is to set forth the principles and procedures for monitoring
and reporting of greenhouse gases (“GHG”) arising from the facilities performing the
activities listed in Annex 1 of the legislation.
As to scope; it covers principles and procedures for monitoring and reporting of GHG
and responsibilities of authorized verifiers, enterprises and operators. Besides, it
regulates duties and responsibilities of authorized institutions related to these
54
For more details see paragraph 1.2 on Methodological approach for gap analysis.
55 By-Law on Monitoring of Greenhouse Emissions, Official Gazette Dated: 17/5/2014 Numbered 29003. Lastly updated in
2017 See: Official Gazette Dated: 31/5/2017 Numbered 30082.
44
activities. But, the facilities using biomass are out of its scope. Some of the facilities
covered by this legislation are:
Oil refineries;
Facilities with thermal power equal to or higher than 20 MW (except for
hazardous and domestic waste incineration facilities);
Certain steel and iron production facilities;
Clinker facilities with a daily capacity of 500 tonnes and above or revolving
furnaces with a daily capacity of 50 tonnes and above; and
Facilities producing paper, paperboard or carton with a daily capacity of 20
tonnes and above.
Within the scope of this legislation, gases covered in Annex 2 are as follows:
Carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs),
Sulphur hexafluoride (SF6)
Monitoring procedure is explained in Article 6 of the By-Law. Pursuant to this article
operators of the Facilities shall prepare a GHG monitoring plan and monitor the GHG
arising from their Facilities according to this plan and the principles set forth in the
legislation. The operators of the Facilities, at least six months prior to the start of
monitoring, shall submit their monitoring plan to the MoEU for approval and
registration. Furthermore, as per Article 7 that regulates reporting procedure, the
operators of such Facilities shall submit an annual GHG report prepared in accordance
with the monitoring plan to the MoEU by the end of each April for the GHG emissions
observed in the previous calendar year. Both the GHG monitoring plans and the
annual GHG reports shall be verified by accredited verification bodies before their
submission to the MoEU. These verification bodies shall conduct their duties
independently by looking after the public interest within the framework of the principles
set in the legislation. The By-Law determines the qualifications of such verification
bodies and puts forward the general principles for their authorization by the MoEU,
and their accreditation by the Turkish Accreditation Agency (TÜRKAK). Regarding
sanctions, Environmental Law shall be applied to the ones who fail to fulfil the
obligations mentioned under this regulation.
Principles and procedures for the monitoring and reporting obligations of the facilities
and authorization of the verification bodies are further elaborated by means of
45
Communiqué on Monitoring and Reporting of Greenhouse Emission.56
Additionally, main principals for monitoring and reporting of emission activity data,
monitoring plans and technical points of these plans, procedures and standards
concerning calculation and measurement of emissions, management & control of
activity data, reporting conditions are regulated by this Communiqué.
In the current legislative structure, another important legislative document is
Communiqué on Verification of the Greenhouse Gas Emissions Reports and
Authorization of Verification bodies.57 All of the articles of the Communiqué entered
into force on 2 April 2015 except Article 23 titled “Independent revision” and Article 36
titled “accreditation” which entered into force on 1th of January 2017. Communiqué
bases on By-Law on Monitoring of Greenhouse Emissions and regulates procedures
and principals related to verification of greenhouse emission reports, qualification
requirements for verification bodies, evaluation of the verification implementations,
liabilities of the verification bodies and auditing of verification institutions.
Other Related Legislations:
By-Law on fluorinated greenhouse gases58;
Communiqué on Verification of GHG Emissions and Accreditation of Verifiers59
Energy Efficiency:
Energy Efficiency Law No. 5627;
By-Law on the energy performance of buildings;
By-Law on the eco-design for energy-related products;
By-Law on the indication of labelling and standard product information of the
consumption of energy and other resources by-products
The regulatory framework on Energy Efficiency (EE hereinafter) is provided by Energy
Efficiency Law.60 The purpose of this law is to increase energy efficiency. It ensures
that energy is used in a most effective way, avoiding waste, and easing the burden of
energy costs on the economy and ultimately protecting the environment. This law
concerns all public and private entities, other volunteer organizations, as well as
citizens at a national level. EE law’s vision is to make Turkey a country that ha a low
56
Communiqué on Monitoring and Reporting of Greenhouse Emission, Official Gazette Dated: 22.7.2014 Numbered: 29068.
57 Communiqué on Verification of the Greenhouse Gas Emissions Reports and Authorization of Verifying Institutions Official
Gazette Dated 2/4/2015 Numbered 29314.
58 By-Law on fluorinated greenhouse gases, Official Gazette Dated: 4/1/2018 Numbered: 30291.
59 Communique on Verification of GHG Emissions and Accreditation of Verifiers, Official Gazette Dated: 2/12/2017 Numbered:
30258.
60 Energy Efficiency Law Numbered 5627, Official Gazette Dated: 2/5/2007 Numbered: 26510 (Lastly revised in 2011).
46
energy intensity with reduced energy costs that can get maximum benefit from
energy.61
EE law covers principles and procedures applicable to increasing and promoting
energy efficiency in the entire energy chain (energy generation, transmission,
distribution and consumption phases at industrial establishments), buildings, power
generation plants, transmission and distribution networks and transportation. It also
addresses raising energy awareness in the general public, and utilization of the
renewable energy sources.62 The EE law provides the legal basis for, the
“establishment of administrative structure, mandate and authority of EIE that later
turned into the General Directorate of Renewable Energy, requirements and
responsibilities for the energy management, training and awareness, energy
performance of buildings, minimum energy efficiency requirements, subsidies and
support provided for promotion of EE, monitoring, fines and penalties for non-
compliance”63.
Energy-Efficiency Coordination Board (Board) is the main body established based on
EE law to carry out energy efficiency studies within all relevant organizations all over
the country. This includes monitoring the results and coordination. The General
Directorate of Renewable Energy (GDRE, formerly EIE) is the responsible authority to
monitor the implementation of decisions made by the Board, and also follows up the
board’s secretarial affairs.
Focusing on EE in buildings, Article 7 of the Energy Efficiency Law describes the work
to be done and the steps that need to be taken in order to increase energy efficiency
in the buildings.
According to the legislation, “implement of EE measures in public buildings is
mandatory”. As a result, during the hand-over of buildings, an “energy identity
certificate” is requested. The construction of new buildings shall be conducted
according to the efficiency criteria. In buildings with central heating systems,
temperature control and heat share measuring devices shall be used. The managers
of the buildings in possession of certain specifications will appoint an “Energy
Manager” or outsource the services of such a manager. Moreover, the law stipulates
61
http://siteresources.worldbank.org/EXTENERGY2/Resources/4114199-1276110591210/Turkey.pdf.
62 According to the Article 2/2 of Energy Efficiency Law “Outside the scope of this Law are those buildings which would have to
change characteristics or appearances at an unacceptable level upon the implementation of measures for increasing energy
efficiency, are used for operation and production activities in the industrial areas, are used as worship places, have less then
two years of scheduled period of utilization, are used less than 4 months in a year, have less than fifty square meters of usable
area, those buildings or monuments under protection, agricultural buildings and workshops.”
63 http://siteresources.worldbank.org/EXTENERGY2/Resources/4114199-1276110591210/Turkey.pdf.
47
that inventories showing progress towards energy efficiency in buildings will be
prepared on a regional and sectoral basis”64
Additionally, each building should have “an energy identity certificate”65 that must
include and specify, at a minimum, the following: (i) the energy needs/consumption of
the building, (ii) its isolation systems and features, (iii) the efficiency of its heating and
cooling systems, and (iv) the energy consumption classification of the building. The
details are covered by Regulation.
Public awareness and training aiming at changing consumers’ behaviour are regulated
under Article 6, the title of “Training and awareness raising”. It offers, for example; joint
actions to increase public awareness on; – electric motor systems – thermal insulation
of buildings – tourism sector – shopping centres – household appliances and lamps
and additionally improving EE in public facilities.
In this context, MoSIT is responsible for information on labelling and other EE-related
issues for consumers. The MoEU which is responsible for preparing regulations on
building insulation and monitoring/inspection of their implementation. And, the MoTMC
issued the regulation on practices oriented to reduce unit fuel consumption in
nationally produced motor vehicles and increase their efficiency standards, spread
public transportation and install advanced traffic signalling systems.
The framework analysed so far is integrated by by-law on the energy performance
of buildings.66 It aims, restriction of GHG originating from buildings. It applies to all
new buildings (residential, commercial, public and private) as well as existing
buildings. Its purpose is to regulate the principles and procedures related to usage of
energy and energy resources, protection of the environment, prevention of wastage of
energy in the buildings. The EU Directive No. 2002/91/EC entitled "Directive on the
Energy Performance of Buildings" was taken as the basis for drafting the By-Law. In
parallel to EU legislation, reducing energy consumption and GHG emissions from
buildings, by promoting the improvement of energy performance of buildings is
significant.
The by-law covers (for the new and existing buildings) activities such as preparation
of an energy identity certificate; procurement of energy needs from renewable
sources, preparation of up to date inventories showing progress towards energy
64
Allplan GmbH, Energy Efficiency Finance, Country Report: TURKEY; Vienna, November 2013, p.19.
65 It is not required to prepare an energy identity certificate for buildings whose total construction area is less than 1,000
square meters and which are not part of the neighboring areas.
66 By-Law on energy performance of buildings, Official Gazette Dated: 8/12/2008 Numbered: 27075 (revised in 2010, 2011
and lastly in 2017. Official Gazette 28/4/2017 Numbered 30051)
48
efficiency in buildings; training and awareness activities for developing an energy
efficiency culture and consciousness. In case of non-compliance with the applicable
regulation, the authorized administrator may not allow the use of the building. The
bylaw requires the annual consumption demand to be determined taking into
considerations, norms, standards, minimum performance criteria, architectural design,
heating, cooling, heat isolation, hot water, electricity installation and illumination. Also,
the maximum CO2 emission limit is required to be calculated, and the construction
permit will not be given to the new building if the estimated emissions are over this
limit.
According to by-law “the energy identity certificate”: “(i) will be valid for 10 years from
the date of its preparation, (ii) must be prepared in the format set out in the
corresponding communiqué, (iii) must be provided by an authorized institution, (iv)
must be provided to the relevant administrative authorities during the procurement of
the building-use permit. Furthermore, the by-law also dictates that no building-use
permit will be given to the buildings that do not have an energy identity certificate, and,
that in case there may be a change in the annual primary energy needs of the building,
the energy identity certificate must be renewed within 1 year.”67
The by-law imposes that the transactions such as selling, purchasing and/or renting
of a real estate can only be completed provided that the energy identity certificate is
prepared. This rule will be valid as of 2020.
In summary, the by-law related to the “energy identity certificate”; is encouraging
renewable energy usage in the buildings and thus resulting in the decrease of carbon
emissions progressively as targeted by means of inventories.
Communiqué on National Calculation Method of Energy Performance in
Buildings68 which is based on the by-law on “Energy Performance of Buildings,
regulates the limitation of greenhouse gas emissions in relation to the primary energy
utilization of buildings. It sets out and describes the calculation method to determine a
building’s energy performance calculation which is developed for identifying the
energy performance classification and evaluates all parameters that affect the energy
consumption. It evaluates new and existing buildings (such as residence, office,
education, health, hotel, shopping and commercial centre) within the energy efficiency
perspective. The calculation method is explained in Annex 1 of the communiqué. The
calculation of the amount of the net energy that the building needs for heating and
67
http://www.mondaq.com/turkey/x/681894/real+estate/New+Communiqu+on+National+Calculation+Method+of+Energy+Effici
ency+in+Buildings.
68 Communiqué on National Calculation Method of Energy Performance in Buildings, Official Gazette Dated: 1.11.2017
Numbered: 30227.
49
cooling, determination of the total heating/cooling energy consumption of the building
by taking into consideration the energy losses and gains from the installed systems
are some of the criteria to be used for evaluating the energy performance of a building.
The analysis will be concluded with an overview on by-law on the eco-design for
energy-related products and by-law on the indication of labelling and standard product
information of the consumption of energy and other resources by-products. These two
pieces of legislation cover products that contribute to improving the overall energy
performance of buildings provided that they are designed with the aim to minimise
their negative environmental impacts.
To this end, by-law on the eco-design for energy-related products69, aims to
contribute to sustainable development by increasing energy efficiency, environmental
protection level and energy supply security. The regulation achieves this by
determining the framework of the requirements that must be obeyed in the design of
energy-related products that will be supplied to the market. The expected outcome is
reducing the environmental impact of products, including GHG emissions they
generate and by reducing the energy consumption through the entire life cycle of the
appliance, via a preventive approach.
As to its scope, in Article 2 of the by-law states that the products within the scope of
this by-law shall be determined by the implementation Communiqués which will be
published by related authorities. On the other hand, the vehicles supplied to the market
for the purpose of human and freight transportation are out of scope. Additionally, in
case of national security and national defence, this legislation shall not be applied.
Obligations for importers concerning energy-related products are set forth in Articles
5 to 7of the by-law. Accordingly to release such products to the market, the products
should have a “CE” label. “Monitoring and control of the product” task is given to the
related authorities which are defined as “public institution and body that prepares and
implements the legislation (the implementation Communiqués) for the relevant
product. In the case where the importer is not a Turkish resident and has no authorized
representative in Turkey, the importer should ensure EU compliance declaration and
prepare a technical file in addition to compliance with the national legislation. The
product design parameters also cover estimated emissions to air, water and soil.
69
By-Law on the eco-design for energy-related products, Official Gazette Dated: 7.10.2010 Numbered 27722.
50
In case of failure to obey the by-law and implementation communiqué, administrative
fine shall be applied in accordance with Article 12 of Law No: 4703 on Preparation and
Implementation of the Technical Legislation on the Products.70
The regime described so far is integrated by the by-law on the indication of labelling
and standard product information of the consumption of energy and other
resources by-products.71
It is based on the assumption that consumers may play a significant role in making
sustainable choices if duly informed on the environmental and energy performance of
the products they are offered.
Its goal is to provide information regarding energy consumption of the products in the
usage stage by means of labelling and standard product information and to enable
end-user to choose more energy efficient and environmentally friendly products to
reduce their energy (and other natural resources) consumption.
It applies to all energy-related products that have a direct or indirect effect on energy
or other basic resource consumption at the product's usage stage. (excluding second-
hand products, vehicles for human and freight transportation and those with value
label attached for the purposes of security)
It is mandatory for suppliers and/or vendors to provide information regarding energy
consumption of the product and the by-law sets obligations for manufacturers and
vendors separately. Additionally, details of labelling and information form for each
product type is regulated by implementation communiqués. Sellers are directly
responsible for preparation of energy labelling. If there is sufficient evidence that
proves incompliance of the product, relevant measures are to be taken, but in the
recurrent situations release of the product shall be banned in accordance with Law
numbered 4703 on “Preparation and Implementation of Technical Legislation on the
Products”. In case of the banning, EU Commission is to be informed via the Ministry
of Economy. Market surveillance authorities are assigned to check compliance with
by-law requirements, and corrective actions are to be required from the suppliers if
market surveillance authorities find products are not complying with the by-law.
Competent authorities also ensure training and awareness campaigns are carried out
to promote environmental awareness on energy labelling.
70
Law No: 4703 on Preparation and Implementation of Technical Legislation on the Products, Official Gazette Dated
11/7/2001Numbered 24459.
71 In line with this EU directive, Turkey has implemented the necessary conditions with the notification such as Energy labelling
for dishwashers 2012 (No. 28331) Energy labelling for washing machines (No. 28331) Energy labelling for household
refrigerators (No. 28331) Energy labelling for televisions (No. 28331) Requirements for standby and off-mode power
consumption of electrical and electronic household and office equipment (No. 28038).
51
Concerning the sanctions, By-law refers to Law No 6502 on “Consumer Protection”72
and Law No 4703 on “Preparation and Implementation of the Technical Legislation on
the Products”.
Other Related Legislations:
Common hold (property ownership) law;
Zoning Law (Building Code);
By-law on the energy efficiency of the utilisation of energy resources and energy;
By-Law on apportion of heating and sanitation hot water expenditures in central
heating and sanitary hot water systems;
Green Certificate Regulation for Buildings and Settlements73: The objective of the
legislation is to set the rules and procedures to establish an assessment and
certification system to decrease the negative effects of buildings and settlements to
the environment. Taking into account the efficient use of natural resources and energy.
The bylaw also regulates duties, qualities and responsibilities who take part in these
assessment and certification stages. The Green Certificates regime is based on a
voluntary basis, therefore there is no enforcement.
By-Law on environmentally-conscious design of energy-related products
By-Law for supporting energy efficiency in small and medium-sized enterprises,
including training, audit and consultancy services
Renewable Energy (Transport & Agriculture): the regime for biofuels:
Act No. 5346 on Utilization of Renewable Energy Sources for the Purposes of
Generating Electrical Energy (Renewable Energy Law)74
Act No. 5627 on Energy Efficiency
By-Law on environmental effects of petrol and diesel75 types76
Communiqué on blending of biofuel to diesel77
By-Law on manufacturing, changing and installation of LPG to vehicles
72
Law No 6502 on Consumer Protection, Official Gazette Dated: 28.11.2013 Numbered: 28835.
73 Published in Official Gazette on December 23, 2017. With this regulation, “Regulation on Principles and Procedures for
Documentation of Sustainable Green Buildings and Sustainable Settlements” published in the Official Gazette on December 8,
2014 was repealed.
74Act No. 5346 on Utilization of Renewable Energy Sources for the Purposes of Generating Electrical Energy (Renewable
Energy Law) Official Gazette Dated: 18/5/2005 Numbered: 25819, amended by Law No. 6094, of 29 December, 2010.
75 This legislation shall b explained under “Transportation “ part.
76 By-Law on environmental effects of petrol and diesel types, Official Gazette 1/4/2017 Numbered: 30025.
77 Communique’ on blending of biofuel to diesel, Official Gazette 16/6/2017 Numbered: 30098.
52
Parallel to EU part, this section covers the cross-cutting point “biofuels” which has a
significantly important role for GHG mitigation through the involvement of agriculture,
renewable energy and transport sectors.
Renewable Energy Law, aims to extend utilization of renewable energy sources for
generating electricity, to benefit from these resources in a secure, economic and fine
manner, to increase the diversification of energy resources, to reduce greenhouse gas
emissions, to address waste products, to protect the environment and to develop the
related manufacturing industries for realizing these objectives.
As to its scope: it covers the procedures and principles of the conservation of
renewable energy resources, licencing of the energy generated from these sources,
and use of these resources. In the law, renewable energy resources are defined
including biomass, biogas (including landfill gas) and biomass is explained as
resources obtained from agricultural and forestry products including vegetable oil
wastes, agricultural harvesting wastes as well as organic wastes, and those obtained
from the by products formed at post-processing.
The law governs the principles for the conservation of renewable resource areas and
introduces incentives for electricity generators that prefer renewable sources. The
legal entity holding a generation licence is granted a "Renewable Energy Resource
Certificate" (RES Certificate) by the Energy Market Regulatory Authority (EMRA). Grid
operators are obliged to provide access to the grid for renewable energy generators,
and independent electricity generators can benefit from the feed-in tariff which
foresees 13.3 USD/cent for biomass-based generation facilities (including landfill gas).
Energy Efficiency Law, which is discussed above covers three points that may be
taken into consideration.
The principles and procedures that encourage the blending of fossil fuels
with fuels such as biofuel and hydrogen will be regulated by a by-law.
Additionally;
According to Article 7/f, a regulation to be jointly prepared with the MoSIT
and issued by the MoTMC shall lay down the principles and procedures
relating to reducing unit fuel consumption of vehicles manufactured in the
country, raising efficiency standards in vehicles, generalizing mass
transport, installing advanced traffic signalization systems for increasing
energy efficiency in transport.
Energy generated by those natural and legal persons, who conclude
voluntary agreements, from the energy consumed in the industrial
establishments, in the heat and electric power conversion facilities by
modern waste burning techniques, manufactured in the country or
53
generated using hydraulic, wind, geothermal, solar and biomass sources
shall not be taken into account in the calculation of energy intensity.
The aim of the communiqué on blending of biofuel to diesel is to reduce energy
dependency, increase resource diversity, ensure effective recovery of vegetable
waste oils, reduce environmental pollution and adapt to European Union's renewable
energy policies. This communiqué is related to the blending of diesel species with
biodiesel obtained from domestic agricultural products or vegetable waste oil.
Distributor license holders are obliged to have at least 0,5% of biodiesel produced from
domestic agricultural products and vegetable waste oils blended into the total of diesel
supplied from refinery excluding imported and land tank filling units within one calendar
year. The Board may re-determine the blending ratio if there is a biodiesel supply
shortage in the market, or if competition is found in the biodiesel price formation and
the market is determined by the authority. The provisions of this Communiqué are
executed by the EMRA.
The other legislation to be discussed under this frame is the by-law on
manufacturing, changing and installation of vehicles78. Article 4th of by-law
contains similar regulations with Directive numbered 2014/94/EU on the deployment
of alternative fuels infrastructure. It sets the procedures and principles on granting of
the conformity approval to the road vehicles in accordance with this by-law. Article 4(h)
of the by-law refers to alternative fuels covering biofuels and synthetic fuels (paraffinic
fuels are not covered). With the similar definition, alternative fuels mean fuels or power
sources which serve, at least partly, as a substitute for fossil oil sources in the energy
supply to transport and which have the potential to contribute to its decarbonisation
and enhance the environmental performance of the transport sector. They include,
inter alia
Electricity,
Hydrogen,
Natural gas (including biomethane, CNG/LNG)
LPG
On-board Mechanic Energy source or storage (including waste heat)
Additionally, alternative fuel vehicles are defined as the ones approved according to
by-law on motor vehicles and trailer standard approval and where the output is
generated by using alternative fuels partly or wholly.
Other Related Legislations:
78
By-Law on manufacturing, changing and installation of vehicles, Official Gazette Date: 26/10/2016 Numbered 29869.
Updated in 2017 Official Gazette Date: 21/10/2017 Numbered 30217
54
Petroleum Market Law (PML)
The objective of the petroleum market law is to regulate the guidance, observance
and audit activities in order to carry out transparent, non-discriminatory and stable
market activities for the delivery of refined or unrefined petroleum, supplied from
domestic and foreign resources, to the users in a reliable and cost-effective manner
within a competitive environment. Under the legislation, properties of liquid fuel are
defined in Article 2/5 as gasoline types, naphtha (except for raw material and solvent
naphtha) gas oil, jet fuel, diesel oil and fuel oil types and other products determined
by the Authority. Additionally, Products blended with liquid fuel is defined as the
products which are and will be subject to a tax equivalent to that of liquid fuel, such as
methyl tertiary butyl ether (MTBE), ethanol (except for those produced artificially from
domestic agricultural products, and bio-diesel).
By-law on Technical Criteria to be Applied at Petroleum Market79 (By-law on Technical
Criteria)
The main purpose of this legislation is to determine the procedures and principles
related to compatibility of petroleum and lube oil (supplied to the market and) of plants
(subject to petroleum market activities) with the legislation and standards. Under the
legislation, fuel is defined as types of gasoline, naphtha, paraffin, jet fuel, types of
diesel, types of fuel-oil and biodiesel.
By-Law on Control of Air Pollution Arising from Heating.
Transport:
Legislations concerning Fuel Quality
By-Law on environmental effects of petroleum and diesel types
By-law Related to Provision of Information to Consumers on Fuel Economy and CO2
Emissions of New Passenger Cars
By-Law on principles and procedures concerning transport efficiency
Transport is the most alignment requested area for LCD. According to the National
Action Plan for EU Accession,80 the Directives discussed under EU Part, such as those
that cover “emission performance standards for new light commercial vehicles to
reduce CO2 emissions from light-duty vehicles” and “emission performance standards
for new passenger cars to reduce CO2 emissions from light-duty vehicles” will be
79
By-law on Technical Criteria to be Applied at Petroleum Market Official Gazette Date: 10/9/2004 Numbered 25579..
Lastly Updated in 2014
80 National Action Plan for EU Accession, Phase-II, (June 2015-June 2019), Ministry for EU Affairs, Ankara,
https://www.ab.gov.tr/files/pub/nap-ii-en.pdf
55
transposed and enacted in 2019. Some other equivalent legislation in Turkey are
following:
The Legislative Framework for Fuel Quality:
The main legislative framework for fuel quality composes of:
Petroleum Market Law
By-Law on exhaust emission control81
By-law on Technical Criteria to be Applied at Petroleum Market
By-Law on surveillance in the Petroleum Market and the principles and procedures
shall be followed during the pre-investigation and investigation
Technical Regulation Communiques (on fuel, diesel, auto biodiesel and so on)
By-Law on exhaust emission control aims protection of the environment and living
beings from the impacts of air pollution caused by the exhaust gases from vehicles in
the traffic. It also specifies the principles and procedures to ensure that exhaust gas
pollutants are reduced, measured and controlled. It covers the procedures and
principles for measurement stations belonging to natural or legal persons who will
make exhaust gas emission measurements. It also encompasses the procedures and
principles for the operation, authorization, personnel and, measurement equipment
qualifications, operation and audit of these measurement stations. Vehicle inspection
stations are provided to operators authorized by the MoTMC to conduct vehicle
inspections on its behalf. The audit authority is in the Ministry of Environment and
Urbanization and provincial directorates. Exhaust gas emission measurements shall
be carried out in accordance with the procedures and principles defined in TS 13231
and the measurement results shall comply with the limits stated in this standard.
Owner of the motor vehicle is obliged to ensure that the exhaust gas emissions of the
vehicle comply with the limits stated in TS 13231 Standard. Failure to obey the exhaust
gas emission measurement shall be punished with administrative fines.
According to the law, by-laws and communiqués, EMRA is the responsible authority
for regulating fuel quality. Under the provision of PML liquid fuel types are regulated
by EMRA.
According to by-law on technical criteria to be applied at petroleum market, any
petroleum products to be marketed within the territories of Turkey and all the extraction
equipment shall comply with the technical standards mentioned in Article 5 of by-law
81
By-Law on exhaust emission control Official Gazette Dated 11/3/2017 Numbered 30004 (entered into force in 1.1.2018).
This Legislation abolished By-Law quality of petrol and diesel fuels; Official Gazette Dated 30/11/2013 Numbered 28837
which in the previous stage is abolished “By-Law on exhaust emission control which is published in the Official Gazette
Dated 4/4/2009 Numbered 27190 and By-Law on quality of petrol and diesel fuels which is published in the Official Gazette
Dated 11/6/2004 Numbered 25489 are abolished”.
56
on technical criteria to be applied in the petroleum market. Furthermore, at the same
time, any petroleum products marketed within Turkey needs to comply respectively
with the TS, EN or any other standards acknowledged by Turkish Standards Institute.
For the jet-fuels international standards are to be taken into consideration. Exceptions
may only be determined by board decision. In this respect, any equipment that is not
matched with one of the mentioned standards, is obliged to provide a quality
conformity certificate.
Blending of products with fuels may only be realized by refinery holder and distributor
(blending of auto-biodiesel and ethanol) or only refinery holder (methyl tertiary butyl
ether). The national marker should be in the proper amount in the supplied blended or
mixed product. The fuels cannot be mixed with each other except shipping fuels.
“Fuel quality monitoring system covers notification and supervision and surveillance
mechanisms. To establish supervision and surveillance mechanisms; EMRA signed
protocols with public administrations. Sampling activities are carried out by provincial
staff of relevant public administrations. Testing activities are carried out by contracted
accredited laboratories. Data collected are evaluated by the EMRA with the aim of
monitoring fuel quality”.82
Directive numbered 98/70/EC on the quality of petrol and diesel fuels was taken as
the basis for by-law on environmental effects of petrol and diesel types. It is in
force since 1 January 2018. It aims at setting principles and procedures to restrict the
impact of fuel and diesel types (used in motor vehicles) on the environment and human
health. As to scope, it applies to inland waterway vessels, road vehicles, and non-road
mobile machinery, agricultural and forestry tractors. As of the publication date of the
by-law, technical quality will be determined by EMRA compatible with EN 228 and EN
590 standards and this quality standard is to apply to the fuels during their importation,
supply and service. Implementation issues to be covered by EMRA based on
Petroleum Market Law Numbered 5015. EMRA is the surveillance authority to check
compliance with By-Law requirements. EMRA has also the duty to inform the
incompliance detections related with the environment to the MoEU.
The purpose of the by-law on informing consumers about fuel economy and CO2
emissions of new passenger cars, aims to enable a conscious choice to be made
by the informed consumers regarding CO2 emissions and fuel economy of new
passenger vehicles offered to sell or rent on the market. It also serves as a precaution
against the air pollution of the vehicles. It sets liabilities and responsibilities for
manufacturers and sellers.
82
https://www.ab.gov.tr/files/tarama/tarama_files/27/SC27DET_06.38.fuel%20quality.pdf
57
According to Article 10 the MoSIT is responsible for the distribution of information and
a guidance on fuel economy and CO2 emissions through its provincial directorates.
Articles 6 and 7 define the requirements for CO2 and fuel economy labels for
passenger cars. Car manufacturers are responsible for the issuance of these labels,
ensuring clear and easy visibility while marketing these cars.
Administrative fines are to be imposed on those who act against the provisions of this
regulation. The MoSIT is made to prepare a guideline on fuel economy and CO2
emissions annually. This guideline needs to contain; greenhouse gas emission effects,
potential climate change and its relevance to motor vehicles, a reference to the
different fuel options the consumer can use, and explanations of their impact on the
environment on the basis of recent scientific evidence.
With the purpose of increasing efficiency in transportation, by-law on principles and
procedures concerning transportation efficiency covers principles and procedures
concerning decreasing of consumption of fuel, increasing the vehicle efficiency
standards, generalizing bulk transport, and the establishment of systems for improving
traffic flow.
Legal Base of this secondary legislation is Energy Efficiency Law.
It covers regulations on monitoring of consumption of fuel, bulk transportation,
composing of car parking areas, acknowledgement of consumers, urban
transportation plans, taxi implementations, implementations to decrease car usage in
the city centre; electrical management implementations etc. Due to lack of insufficient
regulation, enforceability of the legislation constitutes the main drawback related to
this legislation.
Some Other Related Legislations:
Energy Efficiency Law No. 5627
Law of Road Numbered 4925 - Article 30
By-Law on Vehicle Inspections and on the Establishment and Operation of Vehicle
Inspection Stations83 -- aims to ensure a more effective and sound technical inspection
of motor vehicles and non-motorized vehicles in the traffic circulation. The regulation
also covers other provisions regarding the privatization of inspection stations.
By-Law on the Reduction of Sulphur Content of Certain Fuels84
83
By-Law on Vehicle Inspections and on the Establishment and Operation of Vehicle Inspection Stations, Official Gazette,
Dated 23/09/2004 Numbered 25592.
84 By-Law on the Reduction of Sulphur Content of Certain Fuels Official Gazette, Dated 06.10.2009 Numbered 27368.
58
Draft Legislation: Principles and Procedures on Electrical Vehicle Charging
Station: The purpose of this draft legislation is to determine the procedures for the
installation and operation of charging stations, and the rights and obligations of the
operators to provide the electric energy of the electric vehicles within the electricity
market. Additionally, its goal is to promote the use of electric cars and to reduce direct
carbon emissions. It is applied to all charging stations either in a commercial business
or those to be established in public areas. Responsible implementing authority is
EMRA and the provisions of this draft are to be executed by EMRA. According to the
draft legislation the charging station is considered as an eligible consumer regardless
of the amount of consumption. Except for the production license and supply license
holders, real and legal persons are considered to be able to sell the electric energy
through the charging station for non-profit purposes and may provide charging
services within this scope. Legal entities, which hold generation and supply license,
are considered to be able to make electricity sales in the framework of legislation
relating to the charging stations by means of bilateral agreements. Applications for
connection to the distribution system for the charging station are to be made by the
operator within the framework of Article 10 of the Electricity Market Connection and
System Usage Regulation.
Waste:
By-Law on waste management85
By-Law on the Landfilling of Wastes86
By-Law on waste management constitutes the framework legislation in waste
management. It is prepared based on European legal texts (namely, Directive No.
2008/98/EC and Decision No. 2000/532/EC), with the intention of harmonisation of the
Turkish law with the EU acquis. By this legislation previously valid three regulations
are abolished (namely (i) management of solid wastes, (ii) management of hazardous
wastes and (iii) general principles of waste management) and on the field of waste
management, the subjects regulated separately are unified under a single legal
framework.
The purpose of this legislation is to determine the general rules and procedures for the
management of waste without harming the environment and human health from the
formation of the intended waste, with the reduction of waste generation, reuse of
85
By-Law on waste management Official Gazette Dated: 02.04.2015 Numbered: 29314. Updated in 2017 Official Gazette Dated:
23.03.2017 Numbered 30016.
86 By-Law on the Landfill of Wastes, Official Gazette Dated: 26/3/2010 Numbered 27533.
59
waste, recycling and recovery, and with reduction of natural resource usage and waste
management.
This regulation covers electrical and electronic goods, packaging, vehicles, batteries
and accumulators, which are managed within the framework of extended producer
responsibilities.
Competent authorities are MoEU, provincial directorates of MoEU, municipalities,
waste generator, waste owner and waste treatment facilities. The hazardous nature of
waste production and waste; the development and use of clean technologies where
natural resources are used as little as possible, and the prevention and reduction of
such technologies are essential. It is essential to encourage the use of recycled
products in order to reduce the use of natural resources and energy. In cases where
waste production is inevitable, reuse, recycling and recovery with other processes for
obtaining secondary raw materials, use or disposal as an energy source is essential.
The municipalities are obliged to install and operate waste treatment facilities within
their responsibilities and to provide environmental licenses to the related facilities. The
MoEU is competent and responsible to prepare national waste management plans for
5 years. These plans cover; waste management structure and waste legislation,
current situation analysis regarding waste management, economic and managerial
planning, middle and long-term targets for waste management.
The general sanctions determined by the Environmental Law No. 2872 shall be
applied to those who fail to fulfil the obligations mentioned in the provisions of this
regulation.
The purpose of by-law on the landfilling of wastes is to specify the technical and
administrative aspects and general rules to be adhered to prevent environmental
pollution by minimizing the adverse effects of leachate and storage gases on soil, air,
groundwater and surface waters. These adverse effects may occur during disposal
through the landfill. Additionally, the by-law also specifies the technical and
administrative aspects and general rules for the prevention of environmental and
human health hazards, including the greenhouse gas effect, during the operation,
closure and post-closure monitoring processes. This regulation covers the technical
principles of the sanitary landfill facilities, the acceptance of the wastes to the sanitary
landfill facilities and the procedures and principles regarding the sanitary landfill
storage of the wastes and the measures to be taken. Real or legal entities seeking to
establish a landfill site must obtain an environmental impact assessment. The MoEU
executes the provisions of this regulation. The related articles of the Environmental
Law No. 2872 apply to those who violate this regulation. New draft by-law on the landfill
of waste is published but not yet adopted.
60
Some Other Related Legislations:
Environment Law
Law on Metropolitan Municipalities No: 5216
Municipal Law No: 5393
By-Law on Waste Incineration 87
By-Law on Control of Waste Battery and Accumulators88
By-Law on Excavation Soil, Construction and Demolition Waste Control89
By-Law on Control of Vegetable Oil Waste90
By-Law on Control of Packaging Waste91
By-Law on Waste Electrical and Electronic Equipment92
By-Law on Control of End of Life Vehicles93
Agriculture:
Agricultural Law
By-law on protection of waters against pollution caused by nitrates from agricultural
sources
By-law on Good Agricultural Practices in Turkey
Communique on the Good Agricultural Practices Code oriented to protection of waters
against pollution caused by nitrates from agricultural sources
Agriculture is another alignment requested area for LCD. Although there are many
legislations relevant to Agriculture sector such as Agricultural Law No. 548894, Law
on Soil Protection and Land Use No. 540395, Organic Agriculture Law No: 526296,
87
By-Law on Waste Incineration; Official Gazette. Dated 6.10.2010 Numbered 27721- Amendment O.G Date: 7.4.2017
Number: 30031)
88 By-Law on Control of Waste Battery and Accumulators, Official Gazette Dated 3.8.2004 Numbered: 29214 Amendment: O.G
Dated 23.12.2014 Numbered 25569 89
By-Law on Excavation Soil, Construction and Demolition Waste Control, Official Gazette Dated 18.3.2004 Numbered: 25406
90 By-Law on Control of Vegetable Oil Waste, Official Gazette Dated 6.6.2015 Numbered 29378 By this regulation Regulation
on Control of Vegetable Oil Waste Dated: 19.4.2005 and Numbered 25791 is abolished.
91 By-Law on Control of Packaging Waste, Official Gazette Dated 27.12.2017 Numbered 30283. By this regulation Regulation
on Control of Packaging Waste Dated: 24.8.2011 Numbered: 28035 is abolished.
92 By-Law on Waste electrical and Electronic Equipment, Official Gazette Dated 22.5.2012 Numbered 28300. By this
Regulation, Regulation on Usage Restriction of Some Harmful Elements of electrical and Electronic Equipment Dated:
30/5/2008 Numbered 26891 is abolished.
93 By-Law on Control of End of Life Vehicles Official Gazette Dated 30.12.2009 Numbered 27448.
94 Agricultural Law No: 5488, Official Gazette Dated 25.4.2006 Numbered 26149.
95 Law on Soil Protection and Land Use No. 5403, Official Gazette Dated 19.7.2005 Numbered 25880. Some articles modified
in 2014. See Official Gazette Dated 15.5.2014 Numbered 29001.
96 Organic Agriculture Law No: 5262, Official Gazette Dated 3.12.2004 Numbered 25659.
61
The Pasture Law No. 434297, Law on Veterinarian services, crop health, food and
feed No. 599698, Seed Law No. 555399, By-law on Good Agricultural Practices in
Turkey100, By- law on Chemical Fertilizer used in Agriculture101; they do not cover
any direct provision on mitigation of greenhouse gas emissions. On the other hand,
these legislations constitute legal framework for Turkish Agriculture Policy and by
means of the principles covered, competences, responsibilities referred, they,
indirectly, enable to combat climate change, mitigate carbon emissions and
developing LCD.
Among the legislations mentioned above, Agricultural Law constitutes the main
legislative tool. It aims determining policies/regulations necessary for developing and
supporting agricultural sector and rural area. It covers principles and procedures on
supporting programmes and their implementation, financial and administrative
structure etc. In the Law, the subject of agricultural basins takes place as an explicit
provision for the concentration of agricultural production in the fields in compliance
with their ecology, supporting, organizing, specializing and conducting in an integrated
way. Additionally, the law refers to parallel provisions with EU CAP. For example,
article 19 refers agricultural tools such as direct income support, agricultural insurance
payments, rural development and environment-purpose agricultural land protection
program supports, which helps to prevent climate change and reduce GHG emission.
In addition to this legislation, Decree on Agricultural Supports for 2018 (Council of
Ministers Decree 2018/11140) 102; Communique on support payments for vegetal
production103; By-Law on Farmer Registration System104; By-law on regulation
of agricultural spreading and consultancy services105; Communique on
payment for agricultural spreading and consultancy services Numbered
97
The Pasture Law No. 4342 Official Gazette Dated 31.07.1998 Numbered 23419. Lastly Updated in 2017.
98 Law on Veterinarian services, crop health, food and feed No. 5996, Official Gazette Dated 13.6.2010 Numbered 27610.
99 Seed Law No. 5553, Official Gazette Dated 8.11.2006 Numbered 26340. Some articles of the Law are annulled by
Constitutional Court Decision dated 13.1.2011 E.: 2007/2, K.: 2011/13.
100 By-law on Good Agricultural Practices in Turkey; Official Gazette Dated 07.12.2010 Numbered 27778. Updated in 2014.
101 By-law on chemical Fertilizers used in the agriculture. Official Gazette Dated 18.3.2004 Numbered 25406. Updated in
2012. Official Gazette Dated 9.3.2012 Numbered 28228. Other relevant Legislations are: By law on market supervision and
control of fertilizers. (Official Gazette Dated: 29.3.2014 Numbered 28956). By law on organic, mineral and microbial sourced
fertilizers used in agriculture Official Gazette Dated: 23.2.2018 Numbered 30341.
102 Council of Ministers Decree 2018/11140 on Agricultural Supports for 2018 Official Gazette Dated 26.2.2018 Numbered
30344.
103 Communique on support payments for vegetal production, Official Gazette Dated 4.8.2016 Numbered 29791.
104 By-Law on Farmer Registration System, Official Gazette Dated 27.5.2014 Numbered 29012.
105 By-law on regulation of agricultural spreading and consultancy services, Official Gazette Dated 08.09.2006 Numbered
26283.
62
2017/34106; Legislations on rural development supports are other applicable
legislations in conformity with EU CAP.
Law on Soil Protection and Land Use targets principles and procedures providing
protection and development of soil by preventing soil loss and quality loss, and which
shall provide planned land use in compliance with environment priority sustainable
development principle. Especially with the land consolidation works, the law allows
strengthening effective use by decreasing number of agricultural machinery and the
usage period of them, which results in reducing GHG emission arising from fuel
consumption in agriculture.
Organic Agricultural Law is assuring quality and control of certification process, and
this process is one of the strongest tools in controlling fertilizer use, which leads to a
decrease in N2O emissions in agricultural production.
The Pasture Law aims determination and using plant types which may reduce CH4
emission arising as a result of enteric fermentation and it is a kind of opportunity for
GHG arising from stock farming.
Veterinary Services, Plant Health, Food and Feed Law protects and provides food
and feed safety, public health, plant and animal health and animal improvement and
welfare, by considering protection of consumer and environment interests. With this
law, it is aimed to use high-quality feed with high energy ration, adding feed additives
to reduce CH4 emission. The Law stating the conditions required for food and feed
security has an important effect on reduction of GHG emissions arising from stock
farming.
Seed Law mainly aims increasing productivity and quality in plant production,
providing quality assurance in seeds. Using the seeds that have a high nitrogen
productivity reduce N2O emission in stock farming. Seed improvement of feed plants
having high nitrogen fixation shall provide an advantage in reducing GHG emissions.
By-law on Good Agricultural Practices in Turkey aims ensuring agricultural
production harmless to environment, human and animal health; ensuring traceability
and sustainability in the agriculture besides safety and quality in the food chain. By
assuring control and certification process and good agricultural practice, regulation
leads to a decrease in emissions in agricultural production.
By- law on Chemical Fertilizer used in Agriculture regulates principles and
procedures for determination of types and component of chemical fertilizers in addition
106
Communique on payment for agricultural spreading and consultancy services Numbered 2017/34; Official Gazette Dated
24.10.2017 Numbered 30220.
63
to packaging and control of them. It enables preventive control of GHG emissions to
be released in case of chemical fertilizer application.
For the alignment of EU Nitrates Directive, by-law on protection of waters against
pollution caused by nitrates from agricultural sources107 adopted. It aims
determination/mitigation/prevention of groundwater, surface water pollution caused by
nitrates and nitrate-based components from agricultural sources. It envisages,
designating of vulnerable zones all those draining into waters which are or could be
affected by high nitrate levels. The designation is reviewed and possibly revised at
least every 4 years to take account of any changes that occur. Some other important
points are as follows: Establishing mandatory action programs for these areas, taking
into account available scientific and technical data and overall environmental
condition; monitoring the effectiveness of the action programs testing the nitrate
concentration in ground and surface water at sampling stations, at least monthly and
more frequently during flooding; drawing up a code of good agricultural practice (such
as when fertilizer use is inappropriate) which farmers apply are. The law will contribute
to the reduction of emissions as the measures such fertiliser
applications/management. Integration with the Good Agricultural Practices Code is
realized by Communique on the Good Agricultural Practices Code oriented to
protection of waters against pollution caused by nitrates from agricultural
sources108. It regulates procedures and principles shall be applied by farmers in
nitrates sensitive and non-sensitive areas for the purpose of mitigation or prevention
of water pollution caused by nitrates and nitrate-based components from agricultural
sources. It covers Good Agricultural Practices Codes. Additionally, EU Nitrates
Directive forms an integral part of the Water Framework Directive (2000/60/EC) and is
one of the key instruments in the protection of waters against agricultural pressures.
In Turkey, for alignment of EU Water Framework Directive, some of legislations
adopted are: By-law on monitoring of surface waters and ground waters109;
Communiqué on surface waters, ground waters, sampling sediments and biological
sampling110, By-law on control of loss of water in the drinking water supply and
107
By-law on protection of waters against pollution caused by nitrates from agricultural sources, Official Gazette Dated
23.7.2016 Numbered 29779.
108 Communique on the Good Agricultural Practices Code oriented to protection of waters against pollution caused by nitrates
from agricultural sources Official Gazette Dated 11.2.2017 Numbered 29776.
109 By-law on monitoring of surface waters and ground waters Official Gazette: 11.02.2014 Numbered 28910
110 Communiqué on surface waters, ground waters, sampling sediments and biological sampling Official Gazette Dated
21.02.2015 Numbered 29274.
64
distribution systems111 Communiqué on technical procedures of the By-law on control
of loss of water in the drinking water supply and distribution systems112. The new Water
Law Draft is under evaluation and hasn’t converted to Law yet.
Some other related Legislation:
By law on organic, mineral and microbial sourced fertilizers used in agriculture
Pest Control and Agricultural Quarantine Law No. 6968
Biosafety Law No.5977113
Agricultural Insurance Law No. 5363114
Agricultural Reform Law on Land Arranging in Irrigation Areas No. 6511115
By-Law on Agricultural Basin116
Law on Olive Rehabilitation and Wild Olive Grafting No 3573117
Council of Ministers Decree on Supporting of producers who prefer Environmentally
Based Agricultural Land Protection Program (ÇATAK)118
Communique Numbered 2016/9 on implementation of Council of Ministers Decree on
Supporting of producers who prefer Environmentally Based Agricultural Land
Protection Program (ÇATAK)119.
111
By-law on control of loss of water in the drinking water supply and distribution systems Official Gazette Dated 8.5.2014
Numbered 28994.
112 Communiqué on technical procedures of the By-law on control of loss of water in the drinking water supply and distribution
systems Official Gazette Dated 16.7.2015 Numbered 29418.
113 Biosafety Law No.5977 Official Gazette Dated 18.3.2010 Numbered 27533.
114 Agricultural Insurance Law No. 5363 Official Gazette Dated 21.6.2005 Numbered 25852.
115 Agricultural Reform Law on Land Arranging in Irrigation Areas No. 6511 Official Gazette Dated 1.12.1984 Numbered 18592.
Lastly updated in 2017. 116
By-Law on Agricultural Basin Official Gazette Dated 07.9.2010 Numbered 27695.
117 Law on Olive Rehabilitation and Wild Olive Grafting No 3573 Official Gazette Dated 7.2.1939 Numbered 4126.
118 Council of Ministers Decree on Supporting of producers who prefer Environmentally Based Agricultural Land Protection
Program (ÇATAK) Official Gazette Dated 14.11.2008 Numbered 27054. Lastly modified in 2017. Official Gazette Dated
17.8.2017 Numbered 30157.
119 Communique Numbered 2016/9 on implementation of Council of Ministers Decree on Supporting of producers who prefer
Environmentally Based Agricultural Land Protection Program (ÇATAK) Official Gazette Dated 31.3.2016 Numbered 29670.
65
3. Political and Legislative Gap Analysis
3.1. Political Gap Analysis
The analysis of the EU LCD policies performed in Chapter 2 of this Report allows to
trace some legal issues recurring trends featuring all the sectoral policies involved as
well as LCD policy itself.
These shall, therefore, be considered as fundamental legal requirements to contribute
to the achievement of the LCD goals, which shall be endorsed in the legislative
measures adopted to implement the relevant sectoral policies, and may be
summarised as follows:
Adoption of an integrated approach towards LCD and related, affected
sectoral key policies (buildings, transportation, industry, agriculture),
requiring the establishment of synergies and links among them under the
common goal of mitigation of GHG emissions. More in detail, such
integrated approach requires LCD aspects and goal to be taken into account
regarding the sectoral key policies decision making process, with particular
focus on
Setting of sectoral targets;
Setting of obligations on Member States/economic operators/producers/
consumers to achieve the targets;
Endorsement of sectoral goals for climate or for climate-related issues.
Delivery of feasible sectoral targets, consistent with the LCD overall target,
defined by means of technical studies, development of economic, social and
climate scenarios. The Possibility of setting intermediate targets to test the
national progress towards their achievement as well as to allow adaptation
of their level of ambition to international negotiations outcome and/or
scientific progress may be foreseen.
Establishment of GHG emissions monitoring and reporting systems at both
national level (through National Inventories covering all relevant sectors)
and sectoral levels (for instance through monitoring and reporting of certain
GHG emissions only, from road vehicles, maritime, fuels).
Ensuring impartial verification procedures for the monitoring and reporting
systems that are already in place.
Adoption of minimum common standard requirements and calculation
methodologies to be applied within the entire EU territory regarding energy
efficiency performances of buildings, fuels and vehicles.
66
Setting up of an independent certification system for energy and transport
performances (buildings and type approved vehicles for instance).
Ensuring climate-friendly industrial performances through monitoring plans
to be submitted and approved beforehand.
Introducing sustainability criteria and indicators in climate-related sectors
such as agriculture and transport.
Ensure R&D uptake and investments in innovation and technology in all
sectors.
Focusing on users and consumers, LCD/environmental/climate training and
awareness through spreading knowledge and information with the purpose
of changing behavioural choices and improving climate-friendly purchases
and social acceptability of LCD measures and goals.
Making public bodies play an exemplary role in implementing LCD and
related sectoral key policies (by means of awareness raising and green
public procurement for instance).
The gap analysis of Turkish policies with regard to these legal issues trends reveals
the following general outcomes:
LCD is deemed as an inter-sectoral policy and the actions are planned with an
integrated approach.
More in detail, LCD policy is evaluated with or under “climate change” policy, which is
focusing on climate change mitigation and adaptation objectives, clearly supporting
overall low carbon development principles.
Consistently with this approach, issues having influence over several sectors and/or
institutions are considered by cross-cutting policies and all relevant key policy sectors
are covered by dedicated sectoral strategies and plans.
However, a truly effective integrated approach between the sectoral policies is lacking.
Moreover, implementing core climate policies may not be a sufficient response to
climate change targets of Turkey; it requires significant effort and investment in key
sectors, especially, power and transportation sectors, which play a prominent role in
the decarbonisation.
The INDC Declaration cites certain plans and policies to be adapted for emission-
intensive sectors but includes no data or projections regarding the emission reductions
that these policies and measures are expected to deliver in comparison to those
predicted under the BAU scenario in the 2021-30 period.
The existing strategies should be revised to meet the needs of low carbon ambition of
Turkey.
67
Formation of a platform that helps to reach all relevant documents concerning “low
carbon development” and public awareness setting tools are required. One of the
outcomes of the Project activity will be such a portal and this will be the first step to
help tackle this gap.
In more general terms, in the policy documents, no direct reference is made to LCD,
probably, and reasonably, since this was considered as a pretty young policy, yet to
be introduced in the national agenda.
Thus, it would be highly advisable to, first of all, introduce LCD as a concept and as a
goal in the nationally relevant strategies and plans and, secondly, ensure better
coordination of sectoral policies and legislative measures, objectives and targets so to
implement an effective integrated approach towards LCD.
In other words: common goals and objectives should be defined, together with the
definition of measurable targets, with clear responsibilities and tasks for the different
sectors and key-stakeholders, and result oriented monitoring must be ensured.
To this respect, the INDC to be submitted to the UNFCCC Secretariat and the Low
Carbon Development Strategies to be adopted pursuant COP Decision 1CP.16 (and
EU Regulation 525/2013/EU article 4), represent a unique opportunity for the Country
to insert LCD in the national legal and policy system as well as to coordinate sectoral
policy goals and measures with the ones that will lead Turkey towards LCD.
The suggested adoption of the EU integrated approach would also spread positive
effects on sectoral policies’ targets, which could be designed with more reliability,
certainty and feasibility, thus enhancing their social acceptability and investors’
confidence.
At the same time, a better strategic planning on the medium and long term would be
achieved, resulting in better coordinated policy efforts and measures to be adopted
and subsequently implemented by all sectors.
Moreover, the adoption of LCD indicators and requirements in all sectors should be
complementary to sectoral and cross-sectoral targets identification and delivery (for
instance with regards to fuel quality, biofuels, energy efficiency in buildings and
transport).
More focus would be advisable on measures to promote R&D and technology
innovation in all sectors, to ensure LCD goals attainment at the same time ensuring
market and economic competitiveness and green growth, as well as social
development.
68
Finally, it would be suggested to provide consumer information and awareness raising
with more attention in order to ensure improved behavioural choices.
With regard to the single key policy sectors affected by LCD, the following findings
may be outlined:
Energy Efficiency in Buildings:
Introduction of LCD mitigation goal as part of the integrated strategy is
needed;
There is no net quantitative targets or baselines clearly defined in the Policy
Documents and this makes it harder to implement the strategic actions;
Improving financial incentives120 is required through the means such as
grants; public-private partnership, tax discount. In the current situation bank
loans, fit for renewable usage, and voluntary carbon trading is used
(however its impact may be weak for the moment) as the financial source to
promote energy efficiency or production of renewable energy;
Although ESCOs are an effective model in decreasing greenhouse gas
emissions, Turkey lacks an ESCO business model and EPC knowledge and
experience;
Improving awareness and information for end users is required;
Lack of functionality of the existing legislation, enforceability problems which
slow down the development of improvement of activities especially for the
renewal of the existing inefficient building stock in Turkey;
Lack of adaptation of the National Energy Efficiency Action” plan referred
to in Sixth Progress Report of EU Commission”121. The Plan has been
adopted on 27 November 2017 and published in the official gazette on 2
January 2018. Plan mentions studies on increasing energy efficiency
effectiveness for all the sectors will be performed for the purpose of
streamlining of energy support mechanisms, developing of sustainable
120 The framework legislation on energy efficiency incentives is: Energy Efficiency Law, By-Law on energy efficiency of the
utilization of energy resources and energy and also Communique on Energy Efficiency Incentives. The incentives may be grouped as Financial Support for Energy Improving Projects, Voluntarily Contract Support
Financial Support for Efficiency Improving Projects (VAP) such grant shall be given for the Projects having following conditions: Total budget up to maximum 1 million Turkish Liras (excluding VAT), pay-back duration maximum 5 years. Only %30 of the total budget shall be supported. VAP project means, the projects offering solutions for usage of energy efficient equipment and systems, preventing and/or minimizing any waste and energy loss and theft by means of fixing, modification, rehabilitation and process regulation; reclamation/recycling of waste energy. All of the enterprises manufacturing goods, having their commercial activity as registered to Chamber of Commerce, Chamber of Industry and consuming over 1.000 TEP annually may benefit (excluding energy generation license holders).
Voluntarily Contract Support: Provided voluntary contract is signed and commitments derived from this contract is fulfilled, %20 of the total annually energy cost (max. 200.000TL) the commercial enterprise shall be paid in cash
121 https://www.ab.gov.tr/files/pub/2016_progress_report_en.pdf.
69
finance mechanisms, building up a sustainable purchase, energy efficiency
culture, awareness and consumption in private and public sector;
encouraging of appropriate production and consumption, positioning of
smart cities and smart grids for energy efficiency, increasing of energy
efficiency in the industry, transportation and agriculture; generalizing of
regional heating, within the frame of energy efficiency multiplying of
alternative fuel and resource usage, broadening of sustainable environment
friendly buildings and making the current buildings more efficient.
Transport:
A better strategic planning of policies and measures would be recommended together
with more stringent targets to improve climate-friendly and energy efficient goals.
To this end, a phase approach would be recommended for targets and measures in
all sectors to gradually introduce them and periodically assess their suitability and their
achievements.
The following issues should be addressed as priorities by the policies and measures,
to speed up the shift towards decarbonisation:
Introduction of LCD mitigation goal as part of the integrated strategies;
Urban planning consistent with sustainable transport modes;
Adoption of clean, sustainable transport strategy covering all transport
modes consistent with LCD mitigation goal;
Endorsement of overall and subsectors specific mitigation targets;
Promotion of enhanced quality and availability of public services;
Promotion of non-road transport (diversification of transport modes and
lower incentives to private transport choices);
Promotion of Intelligent Transport Systems;
Awareness raising campaigns;
Incentives of fiscal/financial nature to modernise private and public vehicles
fleet;
Amelioration of road and rail infrastructures through dedicated investments;
Improvement of intercity connections;
Dedicated measures for densely populated areas.
Agriculture:
Introduction of LCD mitigation goal as part of the integrated strategy;
Better coordination with other policies;
Awareness raising of farmers with respect to enteric fermentation, and other
practices that would help mitigate climate change effects;
70
Awareness raising of Institutions and improvement of national skills;
Improvement of R&D and innovation in agricultural practices;
Financial incentives for practices contributing to GHG emissions reductions.
Waste:
Introduction of LCD mitigation goal as part of the integrated strategy;
Introduction of waste hierarchy principles;
Enhancement of inspection activities on waste landfills;
Improvement of R&D and innovation technology in waste management;
Awareness raising.
3.2. Legislative Gap Analysis
The following tables provide a first glance at the level of compliance of Turkish sectoral
legislation on LCD with the relevant EU acquis.
Additionally, an explicative paragraph integrates each table with the aim to provide a
more detailed gap analysis of the single legislative act.
This gap analysis does not cover article to article comparison, but rather provides
general perspectives on the gaps.
In such a context, the focus of each paragraph is on the topics/measures which should
be addressed as a priority to correct legislative misalignments and improve the level
of harmonisation of the Country’s legal system with the EU relevant LCD Acquis
analysed in this Report’s Chapter 2.
Table 6. Legislative Tool Comparison
LEGISLATIVE SOURCES & HIERARCHY
EU Turkey
Primary
Legislation
Treaties Constitution
International Agreements Law & International Treaties
&Decree with the effect of Law
General principles of Union law
Secondary
Legislation
Regulations Regulations
Directives By-Law122
122
In Turkey practice, as equivalent legislation to “Directive”, generally “regulation” term is used.
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Decisions
Recommendations and opinions
(unbinding)
Communiques, decisions
Monitoring and Reporting GHG Emissions
Table 7. Legislation Comparison between EU and Turkey on Monitoring and Reporting GHG
Emissions
Legislation in EU Equivalent legislation in Turkey
Regulation
Numbered
525/2013/EU
By-Law on Monitoring of Greenhouse Gas Emissions
Communiqué on Monitoring and Reporting of Greenhouse Gas
Emissions
Communiqué on Verification of the Greenhouse Gas
Emissions Reports and Authorization of Verifying Institutions
The overall legislation seems to be in line with Regulation 525/2013/EU: a single
national entity responsible for the National Inventory is appointed and the national
focal point to UNFCCC operates as the responsible authority for National
Communications, so the national system is in place with adequate allocation of
responsibilities.
Duties are set on incumbent operators according to the scope and the obligations set
out in the EU Regulation.
The MRV system is well established and verification of reports is performed ensuring
impartiality.
In such a context, it would be highly advisable to ensure continuous improvement of
the national system to monitoring and reporting data and other information, with a
particular focus on the means to attain quality objectives (TACCC).
To this end, legal measures to ensure smooth data flow between institutions involved,
building up and maintenance of national skills should be introduced.
Moreover, it would be highly suggested to introduce the national system (authorities,
procedures and legal basis) to develop national low carbon development strategies as
required by article 4 of Regulation 525/2013/EU and UNFCCC COP Decision 16/CP.1.
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Accordingly, legal measures on the allocation of responsibilities and procedures to
draft, adopt as well as submit the Country’s LCD Strategies (to UNFCCC and EU)
should be adopted.
Such an institutional, legislative and procedural set up should be duly complemented
by introducing in the MRV existing legislation (first and foremost in the By-Law on
Monitoring of Greenhouse Gas Emissions) principles on LCD purpose, mitigation
target and effects/links with other relevant policies.
Energy Efficiency
Table 8. Legislation Comparison between EU and Turkey on Energy Efficiency
Legislation in EU Equivalent legislation in Turkey
Directive 2012/27/EU on energy
efficiency Energy Efficiency Law No. 5627
Directive 2010/31/EU on the energy
performance of buildings
By-Law on the energy performance of
buildings
Directive 2009/125/EU on establishing
a framework for the setting of ecodesign
requirements for energy-related
products
By-Law on the eco-design for energy-
related products
Regulation 2017/1369/EU on setting a
framework for energy labelling
By-Law on the indication of labelling and
standard product information of the
consumption of energy and other
resources by-products
It seems that the EU EE-LCD related Acquis has full correspondence into the Turkish
legal system with regard to scope, general objectives regarding EE increase (without
specific targets) and, with specific reference to buildings, certification and calculation
of energy performance requirements.
However, the majority, if not all, of the Turkish EE legislative acts (law and by-laws)
should be updated according to the very recent EU legislative novelties in the sector.
Indeed, the Turkish EE legislation is mainly based on EU Directives numbered
2006/32/EC on EE (framework Directive) and 2002/91/EC on EE in buildings, which,
however, have both been recently amended in order to strengthen their requirements
and focus on updated, enhanced mitigation goals.
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The main gaps that affect energy efficiency in buildings may be summarized as
follows:
Lack of harmony among various applicable legislation;
Lack of clear definition concerning competencies and responsibilities of the
related institutions for implementation of BEP;
Lack of clear, proportional and applicable sanctions;
Lack of awareness/information of parties such as seller/purchaser/tenant on
the effects/benefits of EKB;123
Lack of updated alignment with EU Legislation;
Insufficient incentive systems;
Insufficient control and auditing systems;
Lack of reliability and certainty in deadlines to comply with obligations set
by sectoral legislation, negatively affecting general trust and belief of the
public which the obligations are addressed to;124
As a result, it would be highly recommended for the Country to revise its EE framework
and sectoral legislation (on buildings) in order to address misalignments with EU
Directives numbered 2012/27/EC and 2010/31/EC.
In such a context, the following legal issues should be preferably addressed as a
priority:
Introduce LCD as a goal and the EE legislation should contribute to it;
Stress the integrated approach and the need of synergies with other
connected policies;
Definition of clear-cut emission targets and timetable (with possible
intermediate milestones and targets) to reach the EE targets;
Definition of a national target for EE in building stocks and timetable for its
achievement (ensuring reliable, feasible targets are developed on the basis
of reliable technical scenarios development);
Periodic stocktaking of national buildings and their energy performance;
Endorsement of nearly-zero energy buildings targets in the national building
stock (and related timetable for their achievement);
Ensuring continuous uniformity concerning national methodology to
calculate energy performance of buildings is consistent with EU Directive
numbered 2010/31/EC;
123
Energy Efficiency in Buildings: EU and Turkish Legislation. Technical Assistance Project for Improving Energy Efficiency in
Buildings. http://webdosya.csb.gov.tr/db/meslekihizmetler/ustmenu/ustmenu843.pdf page 30.
124 For example, with the last modification on By-Law on BEP, energy identity certificate requirement for Transactions such as
sales&purchasing&renting of a real estate and/or flat cancelled until 2020.
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Modification of building codes to promote the use of renewable energy and
energy-efficient products in buildings;
Involve public authorities in showing their exemplary role in use and
purchase of EE buildings;
Ensure continuous awareness raising of the public, making relevant
information easily accessible and understandable;
Ensuring financial incentives (fiscal benefits, grants) are available to the
building users to improve their buildings EE.
With regard to the EE sub-sectoral legislation on eco-design of energy-related
products and their energy labelling, the Turkish legal system formally transposed the
relevant EU Acquis.
To this end, in order to ensure a satisfactory level of alignment with EU measures, it
would be highly suggested to ensure followings:
Active involvement of public authorities in EE product purchases and use;
Continuous awareness raising of the users to ensure climate-friendly
choices;
Continuous assessment of the environmental performance of the energy-
related product consistently with possible scientific/technical improvements;
Introduction of the ecological profile of the energy-related product as part of
the information to be conveyed to consumers.
Renewable Energy – (Transport & Agriculture)
Table 9. Legislation Comparison between EU and Turkey on Renewable Energy (Transport and
Agriculture)
Legislation in EU Equivalent legislation in Turkey
Directive 2009/28/EC on the promotion
of renewable energy
No direct Regulation
Act No. 5346 on Utilization of
Renewable Energy Sources
for the Purposes of Generating
Electrical Energy (Renewable
Energy Law)
Act No. 5627 on Energy
Efficiency
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Directive 98/70/EC of the European
Parliament and of the Council of 13
October 1998 relating to the quality of
petrol and diesel fuels, amended by
Directive 2003/17/EC of the European
Parliament and of the Council of 3
March 2003
No direct Regulation
Communique’ on blending of
biofuel to diesel
By-law on Technical Criteria to
be Applied at Petroleum
Market (just definition)
Directive 2014/94/EU on the
deployment of alternative fuels
infrastructure
No direct Regulation.
By-Law on manufacturing,
changing and installation of
vehicles.
Article 4h of By-Law
contains similar regulations
with Directive 2014/94/EU ()
((biofuels +synthetic and
paraffinic fuels not covered
in Turkish version)
According to the analysis performed, the production and use of biofuels are currently
not fully aligned with EU acquis.
Actually, the topic is currently not exhaustively regulated neither by a general (for
instance within the Renewable Energy Law) nor by a dedicated framework in Turkey
(for instance within fuel quality legislation).
The topic is quite premature but yet promising in terms of mitigation potential and
improvement of fuel quality, not to mention the relevant links with the agricultural
sector.
Therefore, it would be highly recommended for the Country to fill this gap by
introducing clear-cut provisions on biofuel production and promotion within its energy
framework legislation as well as its energy sector primary and secondary legislation
(renewable energy one for instance).
In such a process, cross reference should be preferable to be made to legislation on
land and biodiversity protection and agricultural practices.
The biofuels provisions should address as a minimum standard the following legal
issues, consistently with EU applicable Acquis:
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Contribution to LCD mitigation goal as the objective of biofuels;
Setting of feasible targets regarding biofuels production and delivery (for fuel
suppliers). Such targets should be based on a phase-in approach and be
spread over a medium-long term in the broader context of Renewable
Energy and GHG emissions mitigation targets;
Adoption of sustainability criteria for biofuels, to ensure they are produced
without harmful effects on the environment and agriculture;
Adoption of a methodology to calculate life cycle GHG emissions savings
deriving from biofuels use, consistently with EU Directive 98/70/EC as
amended;
Adoption of a legal basis to progressively establish an MRV system for
biofuels suppliers.
As stated in its analysis, carried out in Chapter 2 of this Report, Directive numbered
2014/94/EU on the deployment of alternative fuels infrastructure holds a
complimentary yet relevant status with regard to Directive numbered 98/70/EC as
amended.
Indeed, it ensures the full and effective implementation of biofuels and alternative fuels
legislation125 with particular regard to their uptake by the users, thus also meaningfully
contributing to widespread awareness towards their mitigation potential.
The analysis carried out on Turkish sectoral legislation within “renewable energy-
transport & Agriculture” frame showed that no directly correspondent legal measures
have been adopted yet into Turkey’s legal system and relevant misalignments with the
EU applicable acquis should, therefore, be addressed.
To this end, it would be suggested for Turkey to address the following key legal issues
by means of principles and measures to be introduced into the national sectoral
legislation:
Development of a national policy framework (such as a strategy or an action
plan) aiming at developing an adequate network of alternative fuel’s
infrastructures. This should include the measures to promote the
deployment of fuel’s infrastructures, a mapping and assessment of the
national potential in the sector and consequent target setting, a phase in-
125
Please note that Directive 2014/94/EU scope covers not only biofuels but all alternative fuels. Therefore, Turkish legislation
should be adopted consistently with this scope.
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based timetable to progressively achieve the targets to ensure adequate
coverage of the national territory;126
Ensuring public information on the quality, quantity, type, location and
availability of fuels infrastructure and deployed throughout the national
territory.
Transport:
Table 10. Legislation Comparison between EU and Turkey on Transport
Legislation in EU Equivalent legislation in Turkey
Directive 98/70/EC of the European
Parliament and of the Council of 13
October 1998 relating to the quality of
petrol and diesel fuels, amended by
Directive 2003/17/EC of the European
Parliament and of the Council of 3
March 2003
No direct Regulation, BUT the followings
are adopted for the purpose of alignment
of 98/70/EC127
By-Law on exhaust emission control
By-law on Technical Criteria to be Applied
at Petroleum Market128
By-Law on surveillance in the Petroleum
Market and the principles and procedures
shall be followed during the pre-
investigation and investigation
Directive 2014/94/EU on the
deployment of alternative fuels
infrastructure
No direct Regulation
By-Law on manufacturing, changing and
installation of vehicles.
Article 4h of By-Law contains
similar regulations with Directive
2014/94/EU () ((biofuels +synthetic
and paraffinic fuels not covered in
Turkish version)
126
As already noted above, please note that pursuant Directive 2014/94/EU scope, objective and purpose, the Strategy
should encompass all alternative fuels, not only biofuels.
127 The List taken from the following document but updated by the authors:
https://www.ab.gov.tr/files/SEPB/cevrefaslidokumanlar/cevre_muktesebati_uyum_calismalari_tablosu_word.pdf
128 By-law on Technical Criteria to be Applied at Petroleum Market128, Official Gazette Dated 10.9.2004 Numbered 25579.
Updated lastly in 2014.
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Regulation (EC) No 443/2009 of the
European Parliament and of the Council
of 23 April 2009 setting emission
performance standards for new
passenger cars as part of the
Community's integrated approach to
reduce CO₂ emissions from light-duty
vehicles
No Regulation (preparations are on-
going)
Name of the legislation to be
amended/enacted: By-law on setting
emission performance standards for new
passenger cars to reduce CO2 emissions
from light-duty vehicles (Probable period
of publication: First half of 2019)
Regulation No 510/2011 of the
European Parliament and of the Council
of 11 May 2011 setting emission
performance standards for new light
commercial vehicles as part of the
Union's integrated approach to reduce
CO2 emissions from light-duty vehicles
No regulation (preparations are on-going).
Name of the legislation to be
amended/enacted: By-law setting
emission performance standards for new
light commercial vehicles to reduce CO2
emissions from light-duty vehicles
(Probable period of publication: First half
of 2019)
Directive 1999/94/EC relating to the
availability of consumer information on
fuel economy and CO2 emissions in
respect of the marketing of new
passenger cars (EC Vehicle Labelling
Directive )
By-law Relating to Informing Consumers
on Fuel Economy and CO2 Emissions of
New Passenger Cars
Directive 2009/33 on the promotion of
clean and energy-efficient road
transport vehicles
No direct Regulation
Relevant articles in By-Law on principles
and procedures for the promotion Energy
Efficiency in Transport
Regulation numbered 2015/757/EU on
the monitoring, reporting and verification
of carbon dioxide emissions from
maritime transport
No direct Regulation
Turkish legal system generally covers the fuel quality issue, with focus on petrol and
diesel fuels.129
129
On compliance with biofuels regime please refer to previous sectoral table gap analysis.
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However, some gaps remain with particular regard to the adoption of a monitoring and
reporting system covering all fuels and linked to fuel quality standards and fuel-related
emissions reduction targets.
Besides broadening the scope in order to encompass biofuels, the current legislation
should preferably be strengthened and updated with the aim to achieve full alignment
with EU Directive 98/70/EC as amended.
More in detail, the scope of the monitoring and reporting system should be carefully
addressed in order to include petrol, diesel and all alternative fuels (biofuels first and
foremost) and their life cycle GHG emissions.
Within this framework, the legal provisions should address the following priorities:
Introduction of life cycle GHG emissions definition and methodology for their
calculation consistently with article 7 and Annex I of Directive numbered
98/70/EC as amended;
Establishment of monitoring and reporting of life cycle GHG emissions
duties incumbent on fuels’ suppliers;
Identification of binding lifecycle GHG emissions reductions targets set on
suppliers according to a phase-in approach.
Shifting to the EU Transport acquis on emissions performance standards in road
transport, the analysis revealed good progress in Turkish legislation, considering both
the one in force as well as the one under preparation.
However, it will be crucial at this drafting stage to ensure that current gaps are covered
by the new legislation, to attain full harmonisation especially with EU Regulations
numbered 443/2009/EC and 510/2011 setting emissions performance requirements
for new light-duty vehicles.
In fact, the topic is currently featured by a total gap in the national legal system. More
specifically, the following legal issues should be addressed as a matter of priority:
Adoption of a set of emission performance requirements covering light-duty
vehicles consistently with EU applicable regulations’ methodology (namely,
a monitoring and reporting system based on the identification of a target for
average specific CO2 emissions, national fleet and using the calculation
criteria set out in Annexes I of the regulations);
Setting emission targets for light-duty vehicles according to a phase-in the
timetable, with a view to increase the stringency of targets over time;
Introducing a monitoring and reporting system with clear-cut duties
incumbent on vehicles’ manufacturers;
Ensuring effective financial penalties for non-compliance.
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Given the link between Regulations numbered 443/2009/EU and 510/2011/EU on
emission performance standards and regulation 715/2007/EC on type-approval of
motor vehicles with respect to emissions (Euro 5 and Euro 6 regimes) it would be
suggested to ensure the latter is correctly transposed and implemented in the national
legal system as well.
Moving to maritime transport emissions, recent EU Regulation 2015/757/EU on the
MRV of CO2 emissions from maritime transport has not been transposed yet.
Although, there isn’t a direct reference to maritime transport legislative harmonisation
in the most recent available “Turkey Progress Report” issued by the EU, this subject
is of importance from the perspective of global competiveness of Turkish Shipping
Sector.
As already pointed out in Chapter 2, Regulation numbered (EU) 757/2015 requires,
accurate monitoring, reporting and verification of carbon dioxide (CO2) emissions and
of other relevant information from ships (larger than 5,000 gross tonnage) arriving at,
within or departing from ports under the jurisdiction of a Member State, including EEA
States, Iceland and Norway in order to promote the reduction of CO2 emissions from
maritime transport in a cost-effective manner. In the legislation ‘verifier is defined as a
legal entity carrying out verification activities which is accredited by a national
accreditation body pursuant to Regulation (EC) No 765/2008 and related regulation’.
The referred regulation (EC) No 765/2008, defines ‘national accreditation body’ that is
defined as “the sole body in a Member State that performs accreditation with authority
derived from the State”. This may create a disadvantage for the Turkish maritime
players.
The introduction of regulation 2015/757/EU into the Turkish legal system would be
recommended, as part of a broader effort to include maritime emissions into the
national GHG mitigation goals.
To this end the following areas should be addressed:
Establishment of a CO2 MRV system, according to the requirements set out
in regulation 2015/757/EC;
Identification of scope and thresholds for MRV application;
Setting of corresponding MRV duties on flagship companies;
Ensuring formation of a transparent verification system;
Adoption of effective administrative and penal sanctions for ship companies
not complying with the MRV obligations.
Finally, with regard the EU Climate Acquis on a) consumers, information and b) public
bodies active engagement, it may be pointed out that while the former is featured by
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a satisfactory level of compliance with EU requirements (car labelling regime), the
second is affected by substantive gaps.
In fact, there is currently no national legislation transposing and implementing EU
Directive numbered 2009/33/EC on the promotion of clean and EE road transport
vehicles in public procurement and public services.
The issue is of high relevance, considered one of the pillars of the EU LCD policy
requiring public bodies to play an exemplary role in their purchases.
In such a context, the current legislation should be addressed ensuring the adoption
of the national legislation covering the following issues:
Requirement to public authorities/contracting entities to introduce lifetime
energy, environmental impacts, fuel economy and CO2 emissions as well
as other pollutants emissions in their road vehicles purchases;
Introduction of the above-mentioned criteria as award criteria in public
procurements’ technical specifications;
Introduction of the above-mentioned criteria in the purchasing decisions
when not regulated by public procurement procedures
Waste:
Table 11. Legislation Comparison between EU and Turkey on Waste
Legislation in EU Equivalent legislation in Turkey
Directive 2008/98/EC on waste By-Law on waste management
Directive 1999/31/EC on the landfill of
waste By-Law on the Landfill of Wastes
Turkish legislation on the waste sector is featured by a remarkable level of alignment
with the EU relevant acquis.
However, continuous consistency with EU acquis should be ensured, with particular
regard to landfill permitting regime and inspections procedures.
Moreover, targets to progressively reduce landfilling of non-hazardous waste from
households should be effectively implemented, with the view to meaningfully ensure
waste re-use and recycle.
In addition, more emphasis should be put on the waste hierarchy, which, as stated in
Chapter 2, represents one of the cornerstones for waste management at EU.
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To this end, the objectives of waste prevention, reduction, reuse, recycle and finally,
disposal, should be stressed in clearer provisions compared to current ones, which
refer for some kind of equivalent regime but not fully comply with EU stance on the
matter.
Indeed, an enhanced waste hierarchy legal basis could positively affect correct
implementation and enforcement of waste management regime.
In fact, despite satisfactory transposition, implementation and enforcement remain
particularly weak. Permission, monitoring, auditing, sanctioning, and reporting are the
points which should preferably be improved. It would be highly advisable to ensure
national competent authorities to be empowered with effective inspection duties. In
such a context, national provisions should ensure clear allocation of implementation
and enforcement responsibilities as a matter of priority. In parallel, effective and
dissuasive sanctions shall be foreseen by law against non-compliant operators.
Agriculture:
Table 12. Legislation Comparison between EU and Turkey on Agriculture
Legislation in EU Equivalent legislation in Turkey
Common Agricultural Policy
(CAP)
Regulation - establishing rules for direct
payments to farmers under support
schemes within the framework of
the common agricultural policy and
repealing Council Regulation (EC) No
637/2008 and Council Regulation (EC)
No 73/2009),
Regulation on the financing,
management and monitoring of
the common agricultural policy and
repealing Council Regulations (EEC)
No 352/78, (EC) No 165/94, (EC) No
2799/98, (EC) No 814/2000, (EC) No
1290/2005 and (EC) No 485/2008),
No direct Regulation, BUT Agricultural Law
(especially Article 4,19, 20,21,22,23)
Decree on Agricultural Supports for 2018 (Council of Ministers
Decree 2018/11140); Communique on support payments for
vegetal production; By-Law on Farmer Registration System; By-law on regulation of agricultural spreading and consultancy
services; Communique on payment for agricultural spreading
and consultancy services Numbered 2017/34
By-Law on Good Agricultural Practices
Directive 91/676/EEC
concerning the protection of
waters against pollution
caused by nitrates from
agricultural sources (The
Nitrates Directive)
By-law on protection of waters against pollution
caused by nitrates from agricultural sources.
Communique on the Good Agricultural Practices
Code oriented to protection of waters against
pollution caused by nitrates from agricultural
sources.
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Decision No 529/2013/EU on
LULUCF
No direct Regulation, BUT linked with Law on Soil
conversation and land use and changes
Pasture law
Agricultural reform law on land arranging in irrigation
areas
Agriculture basin regulations
Council of Ministers Decree and Communique
Numbered 2016/9 related with Environmentally
Based Agricultural Land Protection Program
(ÇATAK)
The recent CAP (2014-2020) focusses on climate issues more with a new greening
payment system for climate-friendly farming practices to the farmers. Farmers receive
the green direct payment if they can show that they comply with three obligatory
practices which are good for environment and climate. These obligations are;
Crop diversification
Maintenance of permanent grassland
Ecological focus areas
On the other hand, Turkish agricultural payment support to the farmers or facilities are
limited and does not yet have a prerequisite on climate issues. The most important
direct payments are the so-called “diesel” and “fertiliser” payments, which accounts
for 45% of total payments in Turkey in 2013-2015.130
The EU’s Nitrates Directive mainly aims to prevent nitrate pollution to the receiving
environment from agricultural activities. With this aim, basically, it is targeted that
reducing of the agricultural nitrate input. Some of the measures that decrease N input
are;
Decreasing N fertilizer application
Using of nitrification Inhibitors on lands
Manipulating livestock diets to reduce N
Improved N use efficiency on crops
In Turkey, by-law on protection of waters against pollution caused by nitrates from
agricultural sources and Communique on the Good Agricultural Practices Code
130
Government of Turkey (2015), "OECD Food and Agricultural Review: Innovation for Agricultural Productivity and
Sustainability in Turkey: Questionnaire", responses to the OECD received from the Turkish Government.
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oriented to protection of waters against pollution caused by nitrates from agricultural
sources which is adopted for the integration with the Good Agricultural Practices Code
are the same line with the EU’s Nitrates Directive in terms of reducing the N inputs in
order to reduce N2O emissions from agricultural activities. Additionally, Organic
Agriculture law, Seed law, by-law on Good Agricultural Practices, by- law on Chemical
Fertilizer used in Agriculture can directly induce N input reduction.
Although LULUCF sector is not covered in the project scope, regarding the
management of the agricultural lands, EU's Decision on LULUCF should also be taken
into consideration due to the fact that it refers to some important agricultural measures
which is also pointed out in the NCCAP of Turkey in terms of reduction of the GHG
emissions from the agriculture sector. Additionally, 2016 Progress Report131 highlights
Turkey needs to align with the Decision on accounting rules on greenhouse gas
emissions and removals resulting from activities relating to land use, land-use change
and forestry.
Various departments under the MoFAL conducts related activities and different range
of projects in this respect. Agricultural Environment and Natural Resources
Conservation Department / Climate Change Adaptation Working Group act as the
focal point of climate change related issues in the Ministry; but not only conduct climate
related projects but also take part in other projects as a stakeholder; responsible for
preparing GHG stock-taking for LULUCF with General Directorate of Forest.
131
European Commission, Turkey 2016 Report, Brussels, 9.11.2016 SWD(2016) 366 final. See:
https://www.ab.gov.tr/files/pub/2016_progress_report_en.pdf; p.88.
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4. Governance and Institutional Framework for Low Carbon
Development
Reacting to the international policy issues posed by the climate change is recognised
to require a certain institutional and governance capacity. By the request of Annex I
parties to the UNFCCC, OECD was one of the first to address this issue in 2003 by
the paper titled “Institutional Capacity and Climate Actions” (Willems and Kevin,
2003)132. This paper defined the capacity as “the ability to perform functions, solve
problems and set and achieve objectives” (Fukuda-Parr & al., 2002133 in Willems and
Kevin, 2003). However, what makes a country able –or unable- to perform a function,
solve a problem or achieve an objective? In many ways, it is very country-specific,
since a country’s approach to a particular problem, such as climate change, is
embedded in its complex history, institutional setting and social fabric. Taking this into
account Institutional (and human), and governance capacities are studied in 5
steps:134
The set of organizations (and sectors) to be analysed, are determined to
take into account the governance issues
the immediate effect of organizational performance is studied with a focus
on the outputs
The structural, institutional, organizational and individual context is studied
Inputs and resources such as staff technology services, knowledge and
funds are studied
The organizations and network is studied by Looking deeper inside.
4.1. Turkish State Institutions for Low Carbon Development
The key governmental institution is identified to be The Ministry of Environment and
Urbanization (MoEU), which leads the coordination efforts regarding climate change
related policies and regulations. Under the General Directorate of Environmental
Management, MoEU has a “Department for Climate Change”. MoEU is also identified
as the National Focal Point for the UNFCCC.
The MoEU is also the responsible institution that coordinates high-level activities for
climate change mitigation and adaptation actions at the Coordination Board on
132 Willems, S. and Baumert, K., 2003, Institutional Capacity and Climate Actions, OECD and IEA information papers for the
Annex I Expert Group on the UNFCCC (http://www.oecd.org/env/cc/21018790.pdf) 133
Fukuda-Parr, S., Lopes, C. & Malik K., 2002, “Overview: Institutional Innovations for Capacity Development”, in Capacity
for Development, New Solutions to Old Problems, UNDP-Earthscan.
134 EuropeAid, Tools and Method Series, RD1, Institutional Assessment and Capacity Development, Luxemburg, EC 2007
86
Climate Change and Air Management (CBCCAM), as the main coordination
body.135 In this role, the Ministry works alongside other relevant ministries, institutions,
organizations and NGOs indirectly responsible and/or relevant for not only climate
mitigation but also for adaptation activities.136
4.1.1. Institutional Structure
The relevant structure of the Department for Climate Change, MoEU is;
Climate Change Adaptation Unit – the working staff is made up 7 people together
with the department head.
Policy and Strategy Development Unit– the working staff is made up 4 people.
Greenhouse Gas Monitoring and Emission Trading Unit – the working staff is made
up 9 people.
Protection of Ozone Layer Unit– not relevant for LCD
Current institutional structure of Coordination Board on Climate Change and Air
Management (CBCCAM) is in accordance with “Regulation on Working Procedures
and Principles of Climate Change and Air Management Coordination Board”. This
Regulation regulates working procedures and principles of CBCCAM. According to
Article 4 of this regulation, the chairman of the board is the Minister of Environment
and Urbanization and the members of the board are listed as follows:
Undersecretaries of the following Ministries: Ministry of European Union, Ministry of
Science, Industry and Technology, Ministry of Foreign Affairs, Ministry of Finance,
Ministry of Energy and Natural Resources, Ministry of Food, Agriculture and Livestock,
Ministry of Interior Affairs, Ministry of Development, Ministry of Education, Ministry of
Forest and Water Affairs, Ministry of Health, Ministry of Transportation, Maritime
Affairs and Communication, and Undersecretary of Treasury, Chairman of Turkish
Union of Chambers and Commodity Exchanges (TOBB), and General Secretaries of
Turkish Industry and Business Association (TUSIAD), and Independent Industrialists
and Businessmen's Association (MUSIAD).
Study Groups under Climate Change and Air Management Coordination Committee
are as follows:
GHG Emission Reduction Working Group
Climate Change Impacts and Adaptation Working Group
135
http://www2.dsi.gov.tr/iklim/koordinasyon_kurulu/iklim_degisikligi_koordinasyon_kurulu.pdf; Coordination Board of Climate
Change (CBCC ) was renamed in 2013 to Coordination Board on Climate Change and Air Management (CBCCAM)
(consists of 20 institutions and organizations, 7 working sub-groups as well as Consultancy and Secretariat).
136 Turkey’s National Climate Change Adaptation Strategy and Action Plan (2nd edition), Ministry of Environment and
Urbanization, Ankara, 2012
87
GHG Emission Inventory Working Group
Finance Working Group
Technology Development and Transfer Working Group
Training, Awareness Raising and Capacity Improvement Working Group
Air Management Working Group
The four of the CBCCAM working groups are chaired by MoEU and the others are
chaired by the following institutions: Turkish Statistical Institute (TurkStat) -,
Undersecretary of Treasury (UoTreassury) and Ministry of Science, Industry and
Technology (MoSIT) (Figure 3).
Figure 3: Study Groups under Climate Change and Air Management Coordination Committee
4.1.2. Governance, Responsibilities and Competencies
Main institutional responsibilities and competencies of the organisations and staff
involved in climate change related topics are presented in Table 13.
Table 13. Main Institution responsibilities and competencies
The Ministry of Environment and Urbanization (MoEU)
Institutional Structure Task
Climate Change
Adaptation Unit
There are 7 experts working in
this unit including the unit’s
head.
To provide national and international coordination, to develop
policy and strategies, prepare legal legislation and to coordinate
national and local cooperation studies in the subjects of climate
change effects, affectability and adaptation, within the scope of
international agreements and organizations.
To make national coordination on finance towards climate
change adaptation and technology transfer
Being a national focal point for related international organizations
CBCCAM
MoEU
GHG Emission Reduction WG
MoEU
Climate Change Impacts and
Adaptation WG
MoEU
GHG Emission Inventory WG
TURKSTAT
Finance WG
UoTreassury
Technology Development and
Transfer WG
MoSIT
Training Awareness Raising and Capacity
Improvement WG
MoEU
Air Management WG
MoEU
Consultants
Appointed
Secreteriat
MoEU
88
Performing other functions given by the climate change
department management
Policy and Strategy
Development Unit
There are 4 experts working in
this unit including the unit’s
head.
To observe, assess and apply (or have some other branches
apply) national and international developments about climate
change mitigation, adaptation, technology transfer and finance.
To cooperate with national, local and international bodies and
organizations in the subject areas.
To work for raising public awareness.
To prepare legal legislation related to the responsibilities of the
climate change department and to make sure this legislation is
implemented.
To perform the duties of national focal point related to the
agreements and protocols related to climate change (and ozone
layer protection)
Greenhouse Gas
Monitoring and Emission
Trading Unit
There are 9 experts working in
this unit including the unit’s
head.
To carry out studies regarding the project and market-based
activities, preparing legislation, its implementation and
enforcement within the scope of emission trade towards
greenhouse gas emission mitigation,
To coordinate the harmonization of the studies carried out within
the financial instruments to be produced in the international area
regarding the mitigation of greenhouse gas emissions.
To monitor greenhouse gas emissions that lead climate change
in national level, to prepare, report and audit national subsidy
plans in cooperation with relevant institutions
To promote the use of clean energy, especially renewable energy
sources that contribute to the reduction of greenhouse gas
emissions, and to work on clean energy issues
To collaborate with the national, regional and international
institutions regarding the field of duty
To carry out studies in order to inform and raise awareness of the
public
To prepare and implement legislation related to the study of the
Head of Department
As an upper decision making competent authority, the CBCCAM take all necessary
measures to combat climate change, prevent air pollution and to coordinate studies to
determine appropriate internal and external policies concerning the status of Turkey
within the scope of the UNFCCC and the EU. In addition to this, on the long-range,
CBCCAM is also responsible for following up of the trans-boundary Air Pollution
Convention and its Protocols and responsibilities arising from its internal legislation.
89
Having in mind that public governance137 is the ability to influence mainstream
policy-making, andtaking into account the climate change issue, the identified
overlapping policies and measures among institutions are presented in the below
table. (Please note that public governance includes: political stability, voice and
accountability; ability to implement sound climate-relevant policies and to provide a
sound business environment, civil service independence, ability to collect sufficient
resources, rule of law and control of corruption.)
Table 14. The identified overlapping policies and measures among institutions on climate
change in Turkey
Policy/Measure Type of policy/ measure
Status Objective Effected GHG
Executive Institution
Voluntary Emissions Trade, renewable energy supports, government aids
Economic In effect Reducing fossil fuel consumption
All MoEU
EU requirements, as Candidate country
Legal, financial
In effect/ planned
Harmonization of legislation, implementation and infrastructure investments
All
MoEU and other related ministries
National Climate Change Strategy and Plan
Legal, Economic, Financial, Research, Information
In effect
Reduction of emissions in sectors: transport, waste , energy and forestry
All MoEU and other related ministries
Local Climate policies
Legal, economic
In implementation
Measures to reduce emissions in transportation, waste, energy and forestry issues
All Local administration
Voluntary applications of the Private Sector and NGOs
Voluntary In implementation
Improving collaboration in fight against climate change, raising awareness, emissions reduction, investment
All Private sectors and NGOs
137
Willems S., K.Baumert, Institutional Capacity and Climate Actions, OECD and IEA, 2003
90
Other relevant institutions for climate change and LCD are:138
Ministry of Forestry and Water Affairs /State Hydraulic Works
Ministry of Development
Ministry of Transport, Maritime Affairs and Communication
Ministry of Science, Industry and Technology
Ministry of Energy and Natural Resources
Ministry of Food, Agriculture and Livestock
Ministry of Health
Ministry of Culture and Tourism
Turkish Statistical Institution (TurkStat)
The Scientific and Technological Research Council of Turkey (TUBITAK),
KOSGEB – Small and Medium Enterprises Development Organization
Civil Society Organizations (CSOs).
General Directorate of State Hydraulic Works (DSI) is responsible for the
development of water resources for energy production, drinking and irrigation. Being
affiliated with the Ministry of Forestry and Water Affairs, DSI has an important role
in the climate change adaptation efforts. Under the water resource development,
protection and its wise use, the studies139 carried out by DSI aims:
To ensure the conservation, development, efficient use and sustainability of
the water resources of the country.
To meet the drinking water usage needs of the municipalities in sufficient
quantity and quality, and avoid contamination by the wastewater.
To protect settlements, facilities and agricultural land from flood and storm
damages
To activate efficient water use in agriculture
To ensure that all of the hydroelectric energy potential is contributed to the
country's economy.
Ministry of Food, Agriculture and Livestock (MoFAL) - various departments under
the MoFAL conducts related activities and different range of projects in this respect.
Agricultural Environment and Natural Resources Conservation Department / Climate
Change Adaptation Working Group act as the focal point of climate change related
issues in the Ministry, but not only conduct climate-related projects but also take part
138
Acknowledged by stakeholders at the 3rd Working Group Workshop, Ankara, January 30, 2018;
http://www.lowcarbonturkey.org/3rd-working-group-workshop-held-january-30-2018/
139 State Hydrological Institution Strategic Plan (2017-2021), Ministry of Forest and Water Affairs, Ankara, 2016,
http://www.dsi.gov.tr/docs/stratejik-plan/dsi-sp-2017-2021.pdf?sfvrsn=2
91
in other projects as a stakeholder; responsible for preparing GHG stock-taking for
LULUCF with General Directorate of Forest.
Ministry of Science, Industry and Technology (MoSIT) conducts direct and indirect
climate change related activities. In brief: General Directorate (GD) for EU and Foreign
Affairs is responsible for national coordination and international representation of
technology development and transfer pillar of the UNFCCC. Moreover, climate change
related issues under OECD, EU and other UN institutions are being followed. GD for
Industry contributes to the process, especially regarding industry related issues. GD
for Industry publishes eco-design, energy labelling and automotive related directives,
as well. GD for Product Safety and Market Surveillance undertakes surveillance issues
within above-mentioned directives. GD for Efficiency manages projects specific to
resource and energy efficiency in manufacturing industries within the context of 10th
5-year Development Program.
MoSIT’s affiliated institution KOSGEB (an organization responsible for SME related
activities) provides financial and technical supports and leads projects concerning
energy efficiency in SMEs. MoSIT’s other affiliated institution TUBITAK (The Scientific
and Technological Research Council of Turkey) provides support in the fields that are
directly and indirectly related. TUBITAK’s Environment and Cleaner Production
Institute and Energy Institute conduct climate-related projects, inter alia. Furthermore,
TUBITAK hosts Technology Bank for LCDs. MoSIT’s other affiliated institution TSE
(Turkish Standards Institute) publishes related standards and provides MRV related
services.
Ministry of Transportation, Maritime Affairs and Communication’s main relevant
achievements include the following: Between 2008 and end of 2013, 118,560
technically obsolete vehicles were withdrawn from traffic (and 581,923,418.40 TL was
paid); approximately 6,400.000 tonnes of Stone Mastic Asphalt (TMA) has been
produced in the last 5 years, the project life of the land road network has been
increased and the noise of the vehicles has been decreased. With this operation, it is
predicted that the road life would increase by 3 years and the cost of maintenance and
repair would be decreased, and the traffic accidents would be decreased due to
improved surface features. As a result of the recovery operation started as of 2007, a
total of 710.000 tonnes of asphalt coating was recovered and approximately 52 million
TL was saved.
Within MoTMC, General Directorate of External Affairs and EU- Conducts a "Project
for Adaptation to Climate Change in the Transport Sector" that will be implemented for
the identification of climate change impacts and timeframes, for the regional
vulnerability study, to determine the priority adaptation measures in the transport
92
sector based on climate change effects, and for evaluating the priority measures and
choices compatible with the overall strategy. Also, according to the 7th article of the
"Energy Efficiency Law" No. 5627 (f), the revision of the "Procedures and Principles
Regarding the Procedures and Principles for Increasing Energy Efficiency in
Recycling" published in the Official Gazette dated 09.06.2008 and numbered 26901
has been completed and presented to the Authority for approval.
General Directorate of Civil Aviation (GDoCA)- Work has been initiated to
systematically reduce and, where possible, eliminate damages that may or may not
be imparted to the environment and human health by airfield organizations. Within this
scope, businesses are asked to create, implement and document and ensure its
continuity of an Environment Management System which is appropriate with the
sectoral criteria and current TS EN ISO 14001 standards adopted by GDoCA and TSI;
to complete TS EN ISO 14001 “Environment Management System Certification”; to
compile a Greenhouse Gas Inventory Report in accordance with the current version
of TS EN ISO 14064-1 for each calendar year and the greenhouse gas criteria; and to
complete the verification of the Greenhouse Gas Inventory Report by the TSE in
accordance with TS EN ISO 14064-3. The businesses that fulfil the needs are given a
“Green Business Certificate” by the GDoCA.
General Directorate of Maritime and Inland Waters Regulation - The environmental
impacts of port and ship operations are becoming more serious due to insufficient
international rules and inspections. Emissions impacts on the environment and health
are more important in the inland waters, especially in the channels, straits, gulfs and
harbour areas. The "Green Port" Project was launched in 2013 to reduce the adverse
effects of harbours on the environment. Within this scope, "Green Port Certificate" was
given to 11 port operations in the first half of 2017.
Ministry of Economy - some of General Directorates (Import, Product Security and
Supervision, Encouragement Implementation and Foreign Capital etc.) provide their
contributions on the agenda and subject matter in terms of their own duties and
authorities through the General Directorate of Agreements and Exports.
General Directorate of Agreements, Department of Multilateral Relations and
International Institutions - The Office of Multilateral Relations and International
Organizations, within the General Directorate of Agreements, is in general responsible
for the coordination of climate change and low carbon development issues. In this
respect, related departments attend national or international meetings. Also,
participant’s information and institution’s opinion on the meeting is reported to the
secretariats of the international organizations by their permanent representations. In
addition, negotiations are being conducted on behalf of the Republic of Turkey in
93
cooperation with other relevant units in the negotiations on the Multilateral Products
Agreement under the framework of the World Trade Organization. Finally, paragraphs
on climate change and low-carbon development issues communicated by the Ministry
of Environment and Urbanization are added to the texts of the Joint Economic
Commission reconciliations carried out by this unit's bilateral offices, and these issues
are brought to the agenda in bilateral commercial cooperation.
Department of Market Accession and International Affairs under the General
Directorate of Export carries out the technical coordination of Climate Change Working
Group and Climate change works which are established within the Ministry in the
context of the interaction of climate change and foreign trade policies. This department
works on the international scale to prevent the negative impact of exports in the
combatting against climate change and climate change negotiations are followed up
within this understanding. Within this context, UNFCCC’s COP negotiations are
followed in order to ensure that the exports do not face tariff and non-tariff barriers in
the combat against climate change. Also, contribution is given to the issues related to
determination and implementation of the climate policies with the approach of
protecting the competitiveness of the domestic industry and export-oriented sectors.
This department also conducts projects to pursue works on carbon pricing
mechanisms and emission policies that can be implemented in our country.
Ministry of Finance - Climate change related studies are followed by the related units
under Ministry. General Directorate of Budget and Financial Control, General
Directorate of Revenue Policies, Revenue Administration Department and European
Union and External Relations Department are the units taking responsibilities on
climate change issues. Budget-related issues are carried out under Directorate of
Budget and Financial Control unit, revenue policy-related issues are under the
responsibility of Revenue Administration Department. The Department of European
Union and External Relations is the unit which is responsible for general coordination
between these two units. As part of the coordination function, Presidency (Department
of European Union and External Relations) take the role to conduct these studies and
contributes to the preparation and informing activities within the Ministry. Also, this
presidency takes place in international climate change conventions conducted by
United Nations and follows the issues related to the finance and other issues under
the responsibility of the Ministry. Additionally, activities under Climate Change and Air
Management Coordination Committee are monitored by this Presidency. Moreover,
representatives of Presidency attend to climate change related activities under other
international organizations and the EU. In addition to this the department also
participates to the other climate change related activities, in which Turkey’s status,
strategies and policies in national level are determined.
94
Ministry of Foreign Affairs - Ministry’s organizational structure is different compared
to other ministries. There is the General Directorate and the Deputy General
Directorates. Climate-related issues are under the responsibility of the Deputy General
Directorate of Climate Change and Transboundary Waters. The main decision makers
are deputy undersecretary and higher-level representatives. Six employees work
under the Environment and Climate Change Unit and just one of them works on only
climate change-related issues. The responsible change as there is a rotation once in
two years. Issues under the Ministry’s responsibilities are International Conventions,
for instance, they are constantly monitoring the negotiations of the UNFCCC and
giving feedback to protect the interests of the country and they take part in bilateral
meetings related to climate change.
4.2. Other Institutions and Civil Society
TOBB (The Union of Chambers and Commodity Exchanges of Turkey) - TOBB
has only one person working on climate change related issues. The main climate-
related task they do is consult the affiliated Chambers and Industry Councils about
the climate-related issues that are raised in CBCCAM. For this consultation, they
send e-mails to the related people and ask for their opinion. They gather the
opinions/comments of the members and convey these comments to CBCCAM.
However, their members are not very well educated on climate change related
subjects.
AFAD - Prime Ministry Disaster and Emergency Management Presidency is a
multifaceted institution that coordinates collaboration between all institutions and
organizations in the country, and is responsible for planning, directing, supporting,
coordinating the necessary activities to prevent and mitigate disasters arising from
natural and technological disasters and climate change and other human activities,
to intervene in disasters and to complete remediation works after the disaster. In
Presidency, harmonization studies are undertaken to reduce and manage disaster
risks arising from the climate change effects under the Presidency of Planning and
Mitigation Department. "Road Map Document on Climate Change and Related
Disasters" was prepared with the participation of other ministries and beneficiary
groups in order to ensure effective management of technological (human) disasters
and to establish coordination between the institutions and organizations within the
scope of powers and duties given by the Law No. 5902. Later on, in order to
achieve the targets listed in this document, in IPA 2 period, Project for Capacity
Building for Determining and Reducing Disaster Risk Caused by Climate Change"
has been proposed. The project aims to identify risks associated with possible
disasters caused by climate change and to use them in damage reduction studies.
In order to meet the short-term technical support needs for the preparation of the
95
mentioned project and acquis harmonization studies, the so-called "Financing
Support of the EU Integration Process" (SEI) was provided. As a result of the
project, gap analysis, good practices, lessons learned, and sensitivity analysis
reports related to climate change are prepared.
Turkish Industry and Business Association - TUSIAD is one of the biggest
voluntary business organizations in Turkey, and it represents leading
entrepreneurs and executives of the business community. Conducting economic
activities with environmental consciousness and sustainability is among the
fundamental principles of TUSIAD. Hence, TUSIAD Environment and Climate
Change Working Group was established in 1996 to conduct studies on
environment and climate change issues. In 2016, a report named "Addressing
Climate Change from an Economic Policy Perspective Report" was prepared by
The Working Group. TUSIAD has also published “TUSIAD Position Paper on
Addressing Climate Change” in 2017, which addresses the issues and measures
that are important for the business world in tackling climate change. This year,
TUSIAD has established a Task Force to prepare a position paper on circular
economy and resource efficiency. TUSIAD Industrial Transformation and Sectoral
Policies Department coordinates the above-mentioned studies.
The Scientific and Technological Research Council of Turkey– TUBITAK -
Climate Change related studies in TUBITAK Marmara Research Centre
Environment and Clean Production Institute are carried out under Institute’s “Air
Quality Management Strategic Unit of Work” and “Clean Production Strategic Unit
of Work”. In this scope, different projects are undertaken and sectoral books on
climate change adaptation, emission reduction and technological applications in
selected industrial sectors, the 6th National Declaration on Climate Change and
GHG Emission Projections constitute important outputs of the projects that have
been carried out. Also, TUBITAK MAM Environment and Clean Production
Institute, which is a focal point of Climate Change Technology Centre and
Network (CTCN) in Turkey under UNFCCC, attend CTCN Consultation meetings,
which is organized twice a year, and to annual COP meetings.
NGOs - WWF, TEMA Foundation (The Turkish Foundation for Combating Soil
Erosion, for Reforestation and the Protection of Natural Habitats)140 and
Greenpeace - are actively working on climate change, however, their efforts are
mainly focused on raising public awareness. WWF also works with companies;
they have a green office certification program.
140
The Turkish Foundation for Combating Soil Erosion (TEMA), for Reforestation and the Protection of Natural Habitats,
Accessed: 18/03/2018, http://tema.org.tr/web_14966-2_2/index.aspx
96
4.3. Analysis of Institutional Framework
Gap analysis is a process of finding the gap(s), that is, the determination of the
difference between the current status and the (strategic) requirements. Strategic
requirements for institutions were presented in more detail under barriers and
opportunities report. (Please note that the final phase of this document preparation will
be flexible to add relevant recommendations (if any) from EC Accession Annual Report
for 2017, expected on April 17, 2018).
It was noted that in Turkey stronger administrative capacity is required141 in order to
ensure effective legislation implementation. It is necessary to have administrative
structures with an adequate capacity to ensure compliance.142The effectiveness of
institutions within a Candidate Country to implement EU acquis depends upon:
The administrative structure that is adopted. This includes the number and
type of national ministries, whether the implementation is undertaken by
national, regional or local institutions and the relationship between these
institutions
The structures within an institution, in other words, whether there are
separate departments for each medium; this includes the ability of an
institution to consider an integrated approach to climate change and
environmental protection
The formal and informal communication and coordination mechanisms that
exist between institutions, in other words, ability to ensure feedback
between policy and practice
The number of staff an institution has and how these are effectively
positioned
Technical support and equipment resources
The expertise of the staff
Staff morale and motivation.
Knowledge and expertise on climate issues cannot be restricted to government
officials. The ability to implement sound policies depends on a minimum level of public
awareness on the climate issue in individuals and organizations throughout society.
141
European Commission Staff Working Document, Turkey 6th Progress Report, Brussels, 2016
https://www.ab.gov.tr/files/pub/2016_progress_report_en.pdf
142 Environmental Policy in the candidate countries and their preparations for accession, Sub-study 6, DG Environment,
Ecotec, IEEP, FEI and experts, 2001
97
A sufficient number of personnel in an organization is a necessary condition for
effective action; however, it is not sufficient – the performance of individuals, their
motivation and ability to be proactive is also a key measure of available capacity.
4.3.1. The Survey based on the Institutional Capacity Analysis
Questionnaire
During the Survey based on the questionnaire, the focus was to put on good diagnosis
for good results143 -keeping in mind that only by conducting a real institutional
assessment and by engaging stakeholders144 one can achieve appropriate results.
The number of persons who were interviewed and who filled in the Questionnaire is
49. Responders were selected from climate change-related units of the Ministry of
Environment and Urbanisation, and from 9 other institutions that are providing
representatives to the CBCCAM. These institutions are namely the Ministry of Forestry
and Water Affairs, General Directorate of Forest, General Directorate of Meteorology,
Ministry of Economy, Disaster and Emergency Management Authority, Ministry of
Science, Industry and Technology, Undersecretariat of Treasury, Ministry of Economy,
Ministry of Food, Agriculture and Livestock, Ministry of Energy and Natural Resources,
General Directorate of Renewable Energy, Ministry of Transport, Maritime Affairs and
Communication.
Amongst the responders the average level of experience is recorded as 5.9 years
(ranging from 1 year to 18 years); among them, 36% have a bachelors degree, and
60% have a Master’s Degree, and a 4% have a PhD.
As a very important part of the institutional gap analysis, the capacities and duties
related to UNFCCC and EEA reporting are presented below.
It seems that climate change-related governance in Turkey currently is much more
focused on UNFCCC requirements. The number of people identified with a workload
spent for UNFCCC reporting is 33, about 10.2%, significantly more than for European
integration process relevant reporting (12 person). These also correspond with result
that only 13% of responders see the synergy of UNFCCC and EC mechanisms related
to climate change (Figure 4).
143
EuropeAid, Tools and Method Series, RD1, Institutional Assessment and Capacity Development, Luxemburg, EC 2007
144 Andjelka Mihajlov, Hande Sezer Yilmaz, Building blocks for LCD Institutional set up in Turkey, Acknowledged at the 4th
Working Group Workshop on Gap Analysis, 5 March 2018, Ankara
98
Figure 4. Number of experts responsible for reporting issues related to climate change to
different organizations
In mapping the institutional gap, it is noticed that “9 important pieces”145 of EU climate
acquis are covered by 12 person, indicating that workload of employees is enormous.
Workload spent for EEA reporting is 12.2%.
Involvement in preparation of some parts for reporting to other international institutions
related to climate change issues (other sectors) is 14.3% of the workload spent.
4.3.2. Results of Functional Mapping and SWOT Analysis
SWOT analysis is a tool to analyse the strengths and weaknesses and the
opportunities and treats by the organization's environment in a development context.
It is a variation on a capacity assessment.
145
Listed as the question no 13 in Questionnaire (reference number 2)
99
Table 15. Institutional SWOT analysis for LCD in Turkey
STRENGTHS (+) Importance WEAKNESSES (-) Importance
Existence of CBCCAM 77%
Climate change is not well
understood and is not a major
political issue (primary focus is on
poverty alleviation and associated
issues like economic growth, trade
and investment)
60%
Ratified UNFCCC; Chapter 27
(Environment and Climate
Change) in negotiation
membership to EU opened
55%
Level of awareness of climate
change impacts; clarity of policy
and legal framework to national
and external stakeholders
43%
Knowledge and expertise on
climate issues; skilled
professionals ranging from climate
scientists, engineers and
environmentalists to law experts
38%
Technical support/equipment
resources; deficit of technical
resources (clear guidelines,
computer models); lack of
permanent climate change related
information and data.
40%
The existence of some provisions
on LCD in the legislation of
competent and relevant institutions
15%
The non-existence of sufficient
infrastructural and institutional
coordination for LCD
management; the relationship
between relevant institutions;
sector by sector approach
36%
(Good) practices in LCD cases and
continuous learning 6%
Lack of awareness of future
resource needs for LCD among
government authorities
19%
Overlapping policies and
measures related climate change
mitigation among institutions; the
lack of ability of an institution to
consider an integrated approach
to climate change and
environmental protection
12%
OPPORTUNITIES (+) Importance THREATS (-) Importance
The formal and informal
communication and coordination
mechanisms that exist between
institutions
45%
Horizontal and vertical
disconnections, coordination and
information flow between
competent and relevant ministries
40%
100
Science-Policy Interconnections
(included by participants as the
important opportunity during a
discussion at Work Group Studies)
See Note
below the
matrix
Sustainability of the current
ministerial organization 37%
Giving more power to Climate
Change and Air Management
Coordination Board
36% Unsafe development with greater
disaster and climate change risks 30%
The stability of institutional
framework, with mainstreaming of
climate change into a different
sector
30%
Extend to which societal changes
are integrated into governments’
climate change policy and legal
framework / Accuracy of financial
and related forecasts related to
climate change mitigation
26%
Raising awareness of climate
change impacts, as well as
mitigation and adaptation
measures
28%
Insufficient data that can mislead
the stakeholders in the climate
change
23%
Informed stakeholders (including
Parliament, government, industry
and the general public)
19%
Availability of Funds under
Different Programs; Non-allocation
of funds for supporting the
implementation of LCD, training
and other activities
14%
Straighten correlation and
cooperation with UNFCCC
Secretariat
19%
Synergy of UNFCCC and EC
mechanisms related to climate
change
13%
Sufficient staff and funding to carry
out tasks; strong enforcement
rights and capabilities / To build
climate action know-how into
different government agencies so
as to further develop and
implement national mitigation
policies and measures / Clear
competencies for the
administration of climate change
and related legislation
11%
101
Table 16. Personnel/Employee Level SWOT in LCD related Institutions in Turkey
STRENGTHS (+) Importance WEAKNESSES (-) Importance
Extensive knowledge of climate
change related issues 77%
The number of staff an institution
has on climate change issues and
how these are effectively
positioned
54%
Good communication between
employees 55% Un-balanced workload 39%
Skills and expertise in climate-
related subjects 43%
Gaps in training in climate change
related issues 35%
Staff morale and motivation 28%
The expertise of the staff in
climate change 24%
Lack of information who is working
on what in climate change folder 17%
OPPORTUNITIES (+) Importance THREATS (-) Importance
The expertise of the staff in climate
change issues; Skilled
professionals for climate change
issues
72%
Instability of people in positions of
the importance of climate change
mitigation, including those
receiving specific training
63%
Knowledge and expertise on
climate change issues in general 55%
Degree to which ministers/head of
institutions respect the
independence and
professionalism of their senior civil
servant
32%
Link between individual
performance and the quality of
services or products
21%
Opportunities for the professional
development of staff and on-line
job training
21%
Staff morale and motivation 13%
102
Note on Science-Policy Interconnections – Participatory Intervention: Short
note about exergy rationale in decarbonisation
Current CO2 mitigations are rounded by the First Law of Thermodynamics, which deals
with quantity of energy. In this respect, CO2 reductions remain limited, because energy
efficiency in terms of quantity has come for a good standing on a worldwide average.
Thus the energy balance has almost completed its mission and only limited
opportunities remain. What remains on a much extensive opportunity is the balance
of the quality of energy (exergy) in the CO2 mitigation efforts, namely disorganization.
Therefore, a new carbon mitigation program and a long-term roadmap must be
developed based on exergy balance among all supply and demand points.146 This will
accomplish the decarbonisation objectives sustainably and effectively for our world.
Otherwise, there will not be a success achieved unless referring to the Second Law of
Thermodynamics.
4.3.3. Assessment of Institutional Performances
Institutions are a form of capital, that can be called a social capital.147 Assessment is
structured by cross-cutting challenges on strengths and opportunities, strengths and
threats, weaknesses and opportunities and weaknesses and threats (Table 17).
Table 17. Matrix for the Assessment of Institutional Performance
Strength Weaknesses
Opportunities EXPLORE EXPLOIT
Threats
AVOID CONFRONT
The conclusions and remarks of assessment of related institutional and governance
performances (at both-institutional and personell level) for Climate Change and Low
Carbon Development in Turkey are given below, in Table 18.
146
Kilkis, Birol. Sustainability and Decarbonization efforts of the EU: Potential Benefits of Joining Energy Quality (Exergy) and
Energy Quantity (Energy) in EU Directives, Exclusive EU Report, 2017, TTMD, Ankara, Turkey
147 James S. Coleman, Social Capital in the Creation of Human Capital, American Journal of Sociology 1988 94: S95-S120
103
Table 18. The conclusions and remarks of assessment of related institutional and governance
performances
EXPLORE
Existence of climate change administration with institutional and legal
national framework;
The stability of institutional framework, with mainstreaming of climate
change into a different sector
Existence of CBCCAM;
Giving more power to Climate Change and Air Management Coordination
Board
The formal and informal communication and coordination mechanisms that
exists between institutions
Ratified UNFCCC;
Chapter 27 (Environment and Climate Change) in negotiation membership
to EU opened
Knowledge and expertise on climate issues;
Skilled professionals ranging from climate scientists, engineers and
environmentalists to law experts;
Extensive knowledge about climate change related issues;
Good communication between employees;
Skills and expertise in climate-related subjects
Science and policy interconnections
EXPLOIT
Climate change is not well understood and is not a major political issue
(primary focus is on poverty alleviation and associated issues like
economic growth, trade and investment)
Non-existence of sufficient infrastructural and institutional coordination for
LCD management;
The relationship between relevant institutions;
Sector by sector approach;
The formal and informal communication and coordination mechanisms that
exist between institutions;
Giving more power to Climate Change and Air Management Coordination
Board;
The stability of institutional framework, with mainstreaming of climate
change into a different sector
Level of awareness of climate change impacts;
Clarity of policy and legal framework to national and external stakeholders
Technical support and equipment resources;
Deficit of technical resources (clear guidelines, computer models);
Lack of permanent climate change related information and data
The number of staff an institution has on climate change issues and how
these are effectively deployed;
Un-balanced workload;
Gaps in training in climate change relevant issues
The expertise of the staff in climate change issues;
104
Skilled professionals for climate change issues;
Knowledge and expertise on climate change issues in general;
Science and Policy Interconnections
AVOID
Horizontal and vertical disconnections, coordination and information flow
between competent and relevant ministries;
Non-functioning of CBCCAM
Unsustainability of the current ministerial organization (including focal
points for UNFCCC and EEA);
Unsustainability of climate change administration with institutional and
legal national framework
Unsafe development with greater disaster and climate change risks
Instability of people in positions of the importance of climate change
mitigation, including those receiving specific training;
Less skilled professionals ranging from climate scientists, engineers and
environmentalists to law experts
Low degree to which ministers/head of institution respect the
independence and professionalism of their senior civil servant
CONFRONT
Climate change is not well understood and is not among major political
issues;
Absence of sufficient infrastructural and institutional coordination for LCD
management;
Lack of communication between relevant institutions;
Unintegrated, not sector by sector approach;
Lack of horizontal and vertical connections, coordination and information
flow between competent and relevant ministries;
Unsustainability of the current ministerial organization
Insufficient the number of staff an institution working on climate change
issues and their ineffective positioning;
Unbalanced workload;
Major gaps in training in climate change relevant issues;
Instability of people in positions of importance of climate change, including
those receiving specific training
Lack of awareness of climate change impacts;
Unclear policy and legal framework for national and external stakeholders;
Unassured technical support and equipment resources;
Absence of permanent climate change related information and data
Unsafe development with greater disaster and climate change risks
One of the main conclusions is that all (100%) of questionnaire responders think that
CBCCAM is working efficiently, with some notes related to this particular issue is
given below in Table 19.
105
Table 19. Notes of questionnaire responders on the efficiency of CBCCAM
Highlight to mention
Number of people interviewed joining the meetings of CBCCAM: 17
Short notice of CBCCAM meetings
Sub-working groups of CBCCAM are not functioning properly
Turkey is not following up development of flexibility mechanisms in COP meetings
High level officials shall participate in CBCCAM meetings
Some other highlights include
Percentage of people who have participated in capacity improvement: 100%
Percentage of people who wants to improve themselves further: 98 %
Percentage of people who thinks there is enough funding for climate change: 51%
Coordination and cooperation at the national level are quite good, but it is the opposite at the local
level and coordination and cooperation at the local level identified as weak.
It is believed that effective and correct Environmental Impact Assessment and Strategic Impact
Assessment is necessary; the connection of EIA to the climate is not carrying political adjustment
There has been a lot of progress in raising awareness and capacity in the relevant public institutions
and organisations at the national level
It is believed that corporate memory is not formed, and this may lead to a disconnection in the works
if some person leaves its job.
Even If there may be some conflicts at the institutional level, there is cooperation on a personal level.
106
5. Conclusions and Recommendations
The analysis of EU LCD policies and associated legislation showed that what we
called legal trend issues are recurring elements common to all sectors’ regulatory
frameworks, thus to be considered must- have for the legal system of EU Candidate
Countries like Turkey.
Recalling the findings of Chapter 2, these must-have features can be summarised as
follows:148
An integrated approach to LCD, linking the relevant sectoral policies and
legislation, ensuring synergy and coordination at all levels (Institutional,
administrative, legislative);
Reliable and feasible sectoral target, featured by consistency with each
other as well as with the LCD overall mitigation goal;
A strong MRV system;
Common requirements throughout the EU territory to regulate and
implement measures in all sectors, from energy to mobility to agriculture to
industry;
Continuous assessment of Institutional and consumers, performances;
Investing in R&D and innovation technology;
Actively involving the public and public bodies in order to “train” them to
climate-friendly choices.
As explained in the methodology under Section 1.2. the analysis of the Turkish legal
system has been carried out according to a defined set of criteria, same ones applied
to the analysis of the EU climate acquis, as well as against these must serve as
benchmarks to better assess the overall compliance of the Country’s legal system with
the EU requirements and goals.
Building on the gap analysis findings, the recommendations provided in this paragraph
should be considered as complementary to the ones already set out in the previous
paragraphs, considering that while the previous ones are specifically sector-based,
these latter ones have a cross-cutting nature as they point out common gaps affecting
all the LCD policies and sectors and particularly focus on the must be cited above.
148
For more details please refer to Chapter 2.1 on EU policyes and legislation as well as Chapter 3.1 on Policy and Sectoral
legislation gap analysis.
107
As a preliminary remark, it can be stated that Turkish policy and legislative framework
on LCD is being developed with continuous efforts but shows different degrees of
compliance with the EU one, with some sectors revealing more preparedness (waste
and EE, for instance), and others (transport, for instance) still requiring greater
alignment efforts.
Taken this into consideration, the following cross-cutting recommendations are
suggested to overcome the gaps and progress in the alignment with the must-have:
LCD should be introduced in the climate and climate-related
Strategies/Action Plans and legislation as a legal and policy concept,
complementary to, but not limited to, climate change. This approach would
help to focus on LCD targets and purpose, promoting its goal and
meaningfully contributing to its acceptability by both decision-makers and
public;
The INDC, though delivered while the Paris Agreement is not yet in force for
Turkey, may represent a unique opportunity for LCD to gain paramount,
official legal recognition. To this end, the LCD Strategies required by COP
Decision 16/CP.1 and article 4 EU Regulation 525/2013/EU also provide a
suitable opportunity;
LCD should be introduced in the Turkish legal system according to an
integrated approach, ensuring coordination of policies goals and
consistency of sectoral targets with the overall LCD mitigation target;
More strategic decision making should be implemented, to devise medium-
long term integrated priority actions, associated measures and reliable
targets in all sectors. Intermediate milestones and targets should be
preferred to allow in the itinerary evaluation of progress, addressing of
possible misalignments, amendments needed as a result of scientific
achievements;
Phase in approach to targets and measures foreseen, to allow adoption of
obligations with progressively enhanced stringency. This would allow in-
progress evaluation of incumbent entities’ compliance and possible fine-
tuning of targets and measures if not adequate;
The enhanced focus should be on technical features of policies and
associated legislative measures with particular regard to MRV systems,
calculation methodologies for energy performances of built-in environment
and emission/technical standards in the transport sector, with the view to
ensure increased consistency with the corresponding EU requirements;
108
Stronger and continuous investments should be put on R&D and technology
innovation, to create the suitable conditions to improve infrastructures,
industry, agriculture, economy performances towards meeting LCD
mitigation goal, at the same time boosting economic growth;
Fiscal and financial incentives to implement LCD policies and LCD-oriented
behaviour should be envisaged, to combine mitigation efforts with economic
and market development opportunities and ensure an active engagement of
the consumers;
Continuous attention should be devoted to the promotion of awareness-
raising campaigns and making LCD information available to the public, to
stimulate LCD oriented choices in purchases and in behaviour.
According to the gap analysis performed, implementation and enforcement issues
revealed to be crucial for both more aligned and less aligned sectors.
This confirms that, despite formal transposition, the concrete implementation of the
EU Climate Acquis still represents one of the main challenges the Candidate Countries
have to face with.
To this respect, the following recommendations may be provided to facilitate progress:
Clear cut allocation of responsibilities to entrust national authorities with
inspection and enforcement power;
Adoption of effective, dissuasive sanctions for not-compliance;
Better regulation (I)-Ensuring a binding regulatory framework is in place:
Providing LCD and LCD connected sectoral policies (spelt out in
Strategies and Plans) with suitable legal basis, i.e.: with legislation
adopted by means of adequate binding legal acts (laws,
regulations, by-laws), with a strong legal force which can, therefore,
be more easily be enforced;
Better regulation (II)-Streamlining and codifying current legislation if
piecemeal or not updated:
Making an assessment of legislation in force: clearly formulated,
updated, easy-to-access legislative measures are a crucial factor
for their effectiveness, implementation, enforceability and social
acceptability;
The periodic stock-taking of institutional, social and legislative performances
towards the implementation of policies and legislation as well as the
109
achievement of the targets. This would enable continuous supervision of the
feasibility of targets and measures, as well as the relevance of priority key
areas addressed. This will allow their timely revision/adjustment, ultimately
contributing to their effective implementation.
As evident from the findings sketched above and from the more in-depth preceding
sectoral gap analysis, Turkey has to deal with multifaceted legal challenges requiring
significant coordination efforts at decision-making level, and smart capabilities of
strategic medium-long term thinking, together with the availability of financial
resources.
However, the engaging efforts may be traded-off by LCD great opportunities of
economic, social and technology growth, at the same time ensuring environmental and
human health protection
In performing Gap Analysis with an assessment of the institutional and governance
performance and set-up against the desired low carbon development and climate
change mitigation performance, key assessment criteria were applied: subsidiarity,
effectiveness, transparency, accountability, and participation. Preparation and
execution of institutional assessment questionnaire and e-questionnaire is an
opportunity for multi-stakeholders’ participation. The institutional assessment
produced a SWOT matrix with not only the current structures and responsibilities and
potential mismatches but also of attitudes towards strategic change. Turkish
governmental and other Institutions are analysed with a focus on capacity and
governance performance. The focus is on good diagnosis for good results - by real
institutional assessment and by engaging stakeholders. Relevant SWOT analysis for
sectors is also presented.
The MoEU - leads on coordination efforts for climate change related policies and
regulations, with 20 experts working primarily on climate change issues. Ministry is
also a responsible institution that coordinates high-level activities for climate change
mitigation and adaptation actions at the CBCCAM, as the main coordination body.
Several shortcomings of existing institutional and decision-making structures were
highlighted.
Table 20. Conclusions related to Institutional capacity and governance
Main conclusions include:
Climate change related governance in Turkey currently is much more focused on UNFCCC
requirements, than on European integration process relevant to this report.
In mapping the gap, it is noticed that “9 big pieces” of EU Climate Acquis are covered by only 12
MoEU’s employees, indicating that workload of employees is enormous. The insufficient number of
110
the MoEU’s staff, focused on climate change issues, represents a significant weakness, which
should be properly addressed
The major strength is the existence of CBCCAM as the main coordinating body; one of the main
conclusions is that all (100%) of Questionnaire responders think that CBCCAM is working efficiently;
yet, sub-working groups of CBCCAM are not functioning properly
The major challenge and opportunity, at the same time, are formal and informal communication and
coordination mechanisms that exist between institutions; Also, one of the major threats is horizontal
and vertical disconnections, insufficient coordination and information exchange between relevant
ministries:
The major weakness is that climate change is still not well understood and is not among major
political issues in Turkey. The big threat is that the people with extensive climate change knowledge
are having not stable status within their institutions, including those who have received specific
training in the area of climate change.
High professionalism, extensive knowledge of climate change related issues and good
communication between employees are among important strengths and opportunities, at the same
time.
111
ANNEXES
Annex.1 - Questionnaire on Institutional and Human Capacities
related to Climate Change / Low Carbon Development149
1. Name:
2. Institution:
o Ministry of Environment and Urbanization
o Ministry of Forestry and Water Affairs
o Directorate of Forestry
o State Hydrological Institution
o Ministry of Development,
o TUIK – (TurkStat) – Turkish Statistical Institution
o Ministry of Science, Industry and Technology
o Ministry of Energy and Natural Resources
o Ministry of Transport, Maritime Affairs and Communications
o Ministry of Food, Agriculture and Livestock,
o Ministry of Interior
o Ministry of Economy
o Ministry of Education
o Ministry of Health
o Ministry competent for Tourism
o Ministry of European Union
o Ministry of Foreign Affairs
o Ministry of Finance
o AFAD
o Undersecretariat of Treasury
o Turkish Union of Chambers and Commodity Exchanges (TOBB),
149
About 15 minutes is needed to fill the Questionnaire; we value each contribution as an important one!
112
o Turkish Industry and Business Association (TÜSİAD)
o Independent Industrialists and Businessmen's Association (MÜSİAD)
o TUBITAK
o Research Associations
o Association of Municipalities
o NGO active in climate change/low carbon development
o Other
3. Working Post:
3.1. Please explain, are you working on
Policy
Data
Supervision
Inspection
Monitoring and Reporting
Monitoring, reporting and verification
Other climate change issue (please explain)
4. Education background:
o High School
o University
o Master Degree
o PhD
5. Number of years working in climate change related issues
6. Are you authorized to represent your institution in the meetings of Coordination
Board on Climate Change and Air Management (CBCCAM)?
o Yes
o No
7. Do you participate in the meetings of CBCCAM?
o Yes
113
o No (If the answer is “No”-please proceed to the question 8)
7.1. If the answer is to question number 6 or 7 is “YES”, please explain your role,
possible problems and suggestion for improvement of functioning
o
7.2. Does CCBCCAM have role in decision making process?
o Yes
o No
7.2.1. If the answer is “Yes”, please explain the process how
o
7.2.2. If the answer is “No”, please suggest improvements
o
8. In your work you work on:
9. Are you the focal point for reporting to UNFCCC Secretariat?
o Yes
o No
o
10. Are you involved in preparation of some parts for reporting to obligations from being
Party to UNFCCC
o Yes
o No (If the answer is “No”, please proceed to question 11)
10.1. If the answer is “Yes”, please explain how and what and % of workload
you are spending on these issues (estimation)
o How & What you work on?
o % of workload spent
10.2. In your opinion, if you think that the personnel capacities need further
strengthening, how many additional people do you think is needed for these
tasks above
o
10.3. In your opinion, what kind of assistance is needed, if any?
114
o Capacity building measures (Education, training, etc.)
o Strengthening of coordination role (Within Ministry, with other
ministries and institutions)
o Technical assistance
Other (please explain)
11. Are you the focal point for reporting climate change to European Agency for
Environment (EEA)?
o Yes
o No
12. Are you involved in preparation of some parts for reporting to obligations from being
Member to EEA?
o Yes
o No (If the answer is “No”, please proceed to question 13)
12.1. If the answer is Yes, please explain how and what and % of workload you
are pending on these issues (estimation)
o How & What you work on?
o % of workload spent
13. Are you involved in transposition/implementation of related EU Directives?
o Yes
o No (If the answer is “No”, please proceed to question 14)
13.1. If the answer is “Yes”, please explain how and what including what EU
Directive you are covering – (Please see the list below), and % of workload
you are spending on these issues (estimation)(Please tick the related directive
you are working on, and write the details of your involvement with this Directive
in the textbox provided)
Related EU Directives – Chapter 27 – climate action related to low carbon
development:
1. Regulation (EU) No 525/2013 of the European Parliament and of the Council
of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas
emissions and for reporting other information at national and Union level relevant to
climate change and repealing Decision No 280/2004/EC amended by Regulation (EU)
No 662/2014; Implemented Regulations
115
o How & What you work on related to this Directive?
o % of workload spent
2. Directive 2003/87/EC of the European Parliament and of the Council of 13
October 2003 establishing a scheme for greenhouse gas emission allowance trading
within the Community and amending Council Directive 96/61/EC as amended by
Directives 2004/101/EC, 2008/101/EC, 2009/29/EC, Regulations (EC) 219/2009 (EU)
421/2014 and by Decision (EU) 2015/1814 ; Implementing legislation
o How & What you work on related to this Directive?
o % of workload spent
3. Decision No 406/2009/EC of the European Parliament and of the Council of23
April 2009 on the effort of Member States to reduce their greenhouse gas emissions
to meet the Community’s greenhouse gas emission reduction commitments up to 2020
- Commission Decision of 26 March 2013 on determining Member States’ annual
emission allocations for the period from 2013 to 2020 pursuant to Decision No
406/2009/EC of the European Parliament
o How & What you work on related to this Directive?
o % of workload spent
4. Council Directive 2009/31/EC of the European Parliament and of the Council
of 23 April 2009 on the geological storage of carbon dioxide and amending Council
Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC,
2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) 1013/2006
o How & What you work on related to this Directive?
o % of workload spent
5. Commission Decision 2010/670/EU of 3 November 2010 laying down criteria
and measures for the financing of commercial demonstration projects that aim at the
environmentally safe capture and geological storage of CO2 as well as demonstration
projects of innovative renewable energy technologies under the scheme for
greenhouse gas emission allowance trading within the Community established by
Directive 2003/87/EC of the European Parliament and of the Council
o How & What you work on related to this Directive?
116
o % of workload spent
6. Regulation (EU) No 517/2014 of the European Parliament and of the Council
of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC)
842/2006, as implemented by Commission Regulations (EC) 1494/2007, (EC)
1497/2007, (EC) 1516/2007, (EC) 304/2008, (EC) 306/2008, (EC) 307/2008, (EU) No
1191/2014, (EU) 2015/2065, (EU) 2015/2066, (EU) 2015/2067, (EU) 2015/2068
o How & What you work on related to this Directive?
o % of workload spent
7. Directive 98/70/ of the European Parliament and of the Council of 13 October
1998 relating to the quality of petrol and diesel fuels and amending Council Directive
93/12/EEC as amended by Directives 2000/71/EC, Directive 2003/17/EC,
2009/30/EC, 2011/63/EU, 2014/77/EU, (EU) 2015/1513 and Regulation (EC)
1882/2003 ; Commission Decision 2002/159/EC of 18 February 2002 on a common
format for the submission of summaries of national fuel quality data
o How & What you work on related to this Directive?
o % of workload spent
8. Regulation (EC) 443/2009 of the European Parliament and of the Council of
23 April 2009 setting emission performance standards for new passenger cars as part
of the Community's integrated approach to reduce CO2 emissions from light-duty
vehicles, as amended by Regulations (EU) 397/2013, (EU) 333/2014 and (EU) 2015/6;
Commission Regulations (EU) 1014/2010 and (EU) 63/2011; Commission
Implementing Regulations (EU) 725/2011, (EU) 396/2013, Commission Decision
2012/100/EU and Commission Implementing Decision (EU) 2015/2251 and
Regulation (EU) 510/2011 of the European Parliament and of the Council of 11 May
2011 setting emission performance standards for new light commercial vehicles as
part of the Union's integrated approach to reduce CO2 emissions from light-duty
vehicles, amended by Commission Delegated Regulations (EU) 205/2012, (EU)
404/2014 and Regulation (EU) 253/2014; Commission Implementing Regulations
(EU) 293/2012, (EU) 410/2014, (EU) 427/2014 and Commission Implementing
Decision 2012/99/EU ; Directive 1999/94/EC of the European Parliament and of the
Council of 13 December 1999 relating to the availability of consumer information on
fuel economy and CO2 emissions in respect of the marketing of new passenger cars,
117
as amended by Directive 2003/73/EC and Regulations (EC) 1882/2003 and (EC)
1137/2008
o How & What you work on related to this Directive?
o % of workload spent
9. Decision No 529/2013/EU of the European Parliament and of the Council of
21 May 2013 on accounting rules on greenhouse gas emissions and removals
resulting from activities relating to land use, land-use change and forestry and on
information concerning actions relating to those activities
o How & What you work on related to this Directive?
o % of workload spent
13.2. In your opinion, if you think that the personnel capacities needs further
strengthening, how many additional people do you think is needed for these
tasks above?
o
o
13.3. In your opinion, what kind of assistance is needed, if any?
o Capacity building measures (Education, training, etc.)
o Strengthening of coordination role (Within Ministry, with other
ministries and institutions)
o Technical assistance
Other (please explain)
14. Are you involved in preparation of some parts for reporting to other international
institution, related to climate change issues (for example for specific sectors like
waste, buildings, transport, energy, agriculture)?
Yes
No (If the answer is “No”, please proceed to the question 15)
118
14.1. If the answer is “Yes”, please explain to whom, how, what and % of
workload you are spending on these issues (estimation)
o Name of the institution(s) that you are reporting to
o How & What you work on related to this Directive?
o % of workload spent
15. What is your opinion related the level of implementation of UNFCCC in Turkey
(including preparation to ratify Paris Agreement)?
o
16. What is your opinion related the level of transposition and implementation of
Chapter 27 related climate change, including EC benchmarks for chapter closing?
o
17. How do you cooperate with your colleagues on climate change issues, please
explain?
o
18. According National laws and regulations, do you think that climate change related
subjects are effectively disbursed between institutions (between ministries and
departments inside the ministries) or does one ministry/or one department in a
ministry have most of the responsibilities?
o Cooperation
o Overlapping
o Gaps
o Deficiencies
o
18.1. Please give your opinion:
o
19. According National laws and regulations, do you think that climate change related
responsibilities are shared locally with local governmental institutions?
o Cooperation
o Overlapping
o Gaps
o Deficiencies
119
o
19.1. Please give your opinion:
o
20. In general, what is your opinion on how effective is Environmental Impact
Assessment and Strategic Environmental Impact Assessment in Turkey, as the
tool related to climate change mitigation (1 – no efficient tool in place/ 5 – good
effective system)
o Please select
20.1. Please explain:
21. In general, what is your opinion on how effective is inspection (enforcement)
related climate change in Turkey (1 – no efficient system in place/ 5 – good
effective system):
o Please select
21.1. Please explain:
22. Please give some suggestions related to functioning/organization of institution
where you are working in relation with jobs in climate change issues
o
23. Please give some suggestions related financial sources in relation with tasks and
jobs in climate change issues
o
24. Did you take part / plan to take part in some capacity building related climate
change?
o Yes
o No
o
24.1. Please give some more information:
o
120
24.2. Do you think that some improvement in knowledge and skills related to
climate change is needed for you?
o Yes
o No
o
24.2.1. Please explain
o
25. What issues do you find to be the most related FOR YOUR INSTITUTION (select
maximum 3) as the STRENGTHS of Climate Change Institutional set up in Turkey?
o Existence of climate change administration with institutional and
legal national framework
o Ratified UNFCCC; Chapter 27 (Environment and Climate Change)
in negotiation membership to EU opened
o Existence of Climate Change and Air Management Coordination
Board
o Existence of some provisions on Low Carbon Development (LCD) in
the legislation of competent and relevant institutions
o Knowledge and expertise on climate issues; Skilled professionals
ranging from climate scientists, engineers and environmentalists to law
expert
o (Good) practices in LCD cases and continuous learning
26. What issues do you find to be the most related FOR YOURSELF/EMPLOOYEE
(please give at least 1 issue) as the STRENGTHS of Climate Change Institutional
set up in Turkey?
o Extensive knowledge about climate change related issues
o Skills and expertise in climate related subjects.
o Having a detailed job description
o Good communication between employees
o Other (Please explain)
27. What issues do you find to be the most related (maximum 3) FOR YOUR
INSTITUTION as the WEAKNESSES of Climate Change Institutional set up in
Turkey
121
o Level of awareness of climate change impact; Clarity of policy and
legal framework to national and external stakeholders
o Climate change is not well understood and is not a major political
issue (focused primarily to poverty alleviation and associated issues like
economic grow, trade and investment)
o Awareness of future resources needs for LCD among government
authorities
o Overlapping policies and measures related climate change
mitigation among institutions; the ability of an institution to consider an
integrated approach to climate change/environmental protection
o Non-existence of sufficient infrastructural and institutional
coordination for LCD management; The relationship between relevant
institutions; Sector by sector approach
o Extensive and complex institutional framework for LCD; Gaps in
coordination functioning and power of Existence of Climate Change and
Air Management Coordination Board
o Technical support / equipment resources; Deficit of technical
resources (clear guidelines, computer models); Lack of permanent
climate change related information and data
o Inadequate human resources for LCD, primarily in the Competent
ministry for Climate Change; Gaps in Delivery of climate change Policy;
Low level of implementation of legal requirements; Non-existence of
appropriate enforcement and inspection
28. What issues do you find to be the most related FOR YOURSELF/EMPLOOYEE
(maximum 3) as the WEAKNESSES of Climate Change Institutional set up in
Turkey?
o The number of staff an institution has on climate change issues and
how these are effectively deployed
o The expertise of the staff in climate change
o Staff morale and motivation
o Un-balanced workload
o Gaps in Trainings in Climate Change relevant issues
o Lack of information who is working what in climate change portfolio
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29. What issues do you find to be the most related FOR YOUR INSTITUTION
(maximum 3) as the OPPORTUNITIES of Climate Change Institutional set up in
Turkey?
o The stability of institutional framework, with mainstreaming of
climate change into different sector
o Synergy of UNFCCC and EC mechanisms related climate change
o Sustainable financial resources for LCD; appropriate technical
support / equipment resources
o Giving power to Climate Change and Air Management Coordination
Board
o Straightening correlation and cooperation with UNFCCC Secretariat
o Developing and Straightening correlation and cooperation with
European Environment Agency
o Adequacy off staff in all key positions, the number of staff in the
Competent Ministry and other relevant institutions and how these are
effectively deployed
o Trained experts of competent authority and relevant authorities on
the concept and goals of LCD
o To build climate action know-how into different government agencies
so as to further develop and implement national mitigation policies and
measures
The formal and informal communication and coordination mechanisms that
exists between institutions
o Clear competencies for the administration of climate change and
related legislation
o Clear and efficient procedures for decision making and the
implementation of international obligations/EU Directives
o Institutional arrangements to develop, monitor, report, review a
climate strategy with the cooperation with all relevant agencies and
stakeholders
o Sufficient staff and funding to carry out tasks; strong enforcement
rights and capabilities
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o Informed stakeholders (including Parliament, government, industry
and the general public)
o Raising awareness of climate change impacts, as well as mitigation
and adaptation measures
30. What issues do you find to be the most related FOR YOURSELF/EMPLOOYEE
(maximum 3) as the OPPORTUNITIES of Climate Change Institutional set up in
Turkey?
o The expertise of the staff in climate change issues; skilled
professionals for climate change issues
o Knowledge and expertise on climate issues in general
o Staff morale and motivation
o Balanced workload
o Adequacy off staff in all key positions
o The number of staff an institution has (and how these are effectively
deployed to climate change coverage)
o Existence of fully developed competency profiles application to all
functional areas and specific levels
o Adequacy and equity of compensation
o Opportunities for staff professional development and on-line job
training
Link between individual performance and the quality of services or products
o Receptivity of top positions holder to change and modernization
o Skill level of top and middle positions holders
o Degree to which leadership seeks suggestions and collect ideas
from staff for improvements
31. What issues do you find to be the most related FOR YOUR INSTITUTION
(maximum 3) as the THREATS of Climate Change Institutional set up in Turkey
o Unsafe development with greater disaster and climate change risks
o Accuracy of financial and related forecasts related to climate change
mitigation
o Availability of Funds under Different Programs; Non allocation of
funds for supporting implementation of LCD, training and other activities
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o Extend to which societal changes are integrated into governments’
climate change policy and legal framework
o Horizontal and vertical disconnections, coordination and information
flow between Competent and Relevant Ministries
o Sustainability of the current ministerial organization
o Insufficient data that can mislead the stakeholders in the cc
32. What issues do you find to be most related FOR YOURSELF/EMPLOOYEE (1
answer please) as the THREATS of Climate Change Institutional set up in Turkey?
o Degree to which ministers/head of institution respect the
independence and professionalism of their senior civil servant
o Degree to which senior civil servants are generally expected to
provide “frank and fearless” advice to ministers/head of institution
o Instability of people in positions of importance of climate change
mitigation, including those receiving specific training (changing of place
of duty etc.)
33. Please contribute with your addition opinion related climate change/low carbon
development, with the focus of INSTITUTIONAL AND HUMAN CAPACITIES:
Thank you! We appreciate your contribution.
This publication is prepared with financial contribution of the European Union and the
Republic of Turkey. Only the consortium led by the Hulla & Co Human Dynamics KG is
solely responsible for the contents of this publication, and such contents do not reflect
the opinions and the attitude of the European Union nor the Republic of Turkey.
