Result 1: Review of existing strategies in relation to Climate Change

Working Group Result Dissemination Workshop

TURKISH LEGISLATIVE FRAMEWORK FOR LOW CARBON DEVELOPMENT

Dr. Ozlem Dogerlioglu Isiksungur- Senior Legal Local Expert

23 May 2018, Meyra Palace, Ankara

LCD in Turkey

• serves to achieve a range of outcomes like environmental, economic, and social.

• requires correlation, correlation and harmonization among policies.

• deemed as an intersectoral policy and the actions are planned with integrated approach.

“LCD” is not deemed as a separate policy in Turkey, contrary, it is evaluated with or under “climate change” policy.

Regulatory Framework for Climate Change

Climate Change Policies

International Policies

UNFCCC EU Accession

National Policies

Legislation (Laws&Regulatons)

Framework Policies

Multi-sectoral policies Sector specific policies

International Policies

1- United Nations Framework Convention on Climate Change (UNFCCC)

• Kyoto Protocol--- Special Status of Turkey!!!

• Paris Climate Change Agreement

• Intended Nationally Determined Contribution

the Republic of Turkey submitted its INDC to the UNFCCC on 30 September 2015.

• an emission reduction target of up to 21% compared to the business as usual scenario in 2030, which is expected to be 1,175 MtCO2e in 2030 Ministry of Environment ve Urbanization (2015) Republic of Turkey Indented Nationally Determined Contributions (INDC).

• includes plans and policies to be implemented for the agriculture sector: For example: fuelsavings by land consolidation in agricultural areas

International Policies

2- EU Accession

• Status: candidate member for EU,

• Turkish climate change and agriculture policies will more and more be aligned with EU policies• accession process of Turkey is evaluated by the EU Comission with yearly

progress reports

• EU Commission Turkey progress report (2016)- Chapter 27-

National Policies

• Framework National Policies• Cross-cutting Policies,

Example: 10th Development Plan, National Climate Change Action Plan (NCCAP), National Climate Change Strategy Document (NCCS) …..

• Sector Specific Policies.

• Legislation• Main Frame Legislations

• Sector Specific Legislations

National Sector- specific policies relevance toAgriculture

10th National Development Plan stresses establishment of agricultural techno-parks and use of renewable energy in agriculture within the concept of “green growth”

NCCS the short term, the mid-term, and long term objectives

• promotion of rational use of fertilizer and modern techniques for irrigation, soil cultivation, pesticide use, financial support of producers, developing stock farming to prevent methane emissions , increasing of soil carbon capture techniques;

• establishment of a central geographic information system for all land use classes in Turkey, implementation and enforceability of “The Law on Soil Protection and Land Use”, adaptation of secondary legislations unclear

NCCAP envisages mitigating of greenhouse gas emissions through the protection of natural resources and minimization of energy consumption in agriculture

Energy Efficiency Action Plan, actions for increasing energy efficiency in the agriculture

• encouraging the replacement of tractors and harvester with energy efficient ones, adapting energy efficient irrigation methods, supporting energy efficiency projects in the agriculture, encouraging renewable energy sources for agricultural production, determination of potential ancillary agricultural product and waste for the purpose of obtaining biomass and encouraging of usage of them, supporting energy efficiency in the aquaculture products sector

Legislative Hierarchy

Decembe

8

Constitution

Acts & International Treaties

Regulations/By-Law

Communiqués

Main Legislative structure on LCD in Turkey• Constitution – Article 56

• International Treaties/Protocols

• United Nations Framework Convention on Climate Change (UNFCCC) Kyoto Protocol Paris Climate Change Agreement

• Laws&Regulations

• Environmental Law Date: 9/8/1983 Numbered: 2872

• Legislation on Monitoring and Reporting GHG Emissions

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

Existing LCD Legislation in Turkey with relevance to Agriculture

• No direct provision on mitigation of greenhouse gas emissions

• principles covered, competences, responsibilities referred, they, indirectly, enable to combat climate change, mitigate carbon emissions and developing LCD.

Existing LCD Legislation in Turkey with relevance to 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

Some others:

• Law on Soil Protection and Land Use No. 5403,

• Organic Agriculture Law No: 5262,

• The Pasture Law No. 4342,

• Law on Veterinarian services, crop health, food and feed No. 5996,

• Seed Law No. 5553,

• By- law on Chemical Fertilizer used in Agriculture

Existing LCD Legislation in Turkey with relevance to Agriculture

Agricultural Law

• main legislative tool

• aims determining policies/regulations necessary for developing and supporting agricultural sector and rural area.

• covers principles and procedures on supporting programmes and their implementation, financial and administrative structure etc.

• 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

Existing LCD Legislation in Turkey with relevance to Agriculture

By-law on protection of waters against pollution caused by nitrates from agricultural sources

• aims determination/mitigation/prevention of groundwater, surface water pollution caused by nitrates and nitrate-based components from agricultural sources.

• envisages, designating of vulnerable zones all those draining into waters which are or could be affected by high nitrate levels. –review/revised

• mandatory action programs& monitoring the effectiveness of the action programs testing the nitrate concentration in ground and surface water at sampling stations.

Existing LCD Legislation in Turkey with relevance to Agriculture

Communique on the Good Agricultural Practices Code oriented to protection of waters against pollution caused by nitrates from agricultural sources

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

Existing LCD Legislation in Turkey with relevance to Agriculture

The regime for biofuels (Agriculture&Energy&Transportation)

• 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• biomass sources shall not be taken into account in the calculation of energy

intensity

• By-Law on environmental effects of petrol and diesel types

• Communiqué on blending of biofuel to diesel

• By-Law on manufacturing, changing and installation of LPG to vehicles

Conclussion

• alignment requested area

• necessity to introduce stronger implementation, monitoring, evaluation, reporting, and enforcement mechanisms