Climate Law, which the opposition calls a 'cover for nature destruction,' passes in Parliament: Here are the details
The Climate Law Proposal, which was defined and opposed by the opposition as a 'legal cover for nature destruction,' has been accepted by the Grand National Assembly of Turkey (TBMM) and enacted.
İHA
Negotiations on the Climate Law Proposal, which was submitted to the TBMM by the AKP and whose first 4 articles were accepted in April, have been completed in the TBMM General Assembly. The proposal defines 39 terms related to climate law, such as "Climate Justice," "Climate Finance," "Net Zero Emission," "Just transition," "Primary market," "Carbon Credit," "Offsetting," "Emissions Trading System (ETS)," "Embodied greenhouse gas emissions," and "Voluntary carbon markets."
Here are the articles that the opposition reacted to:
In the fight against climate change, approaches based on equality, climate justice, precaution, participation, integration, sustainability, transparency, just transition, and progress will be taken as a basis, taking into account Turkey's principle of common but differentiated responsibilities and respective capabilities.
Public institutions and organizations, as well as natural and legal persons, will be obliged to comply with and implement the measures and regulations to be taken in accordance with this Law, with public interest in mind.
In the Nationally Determined Contribution, the country's development priorities and special circumstances will be taken into account in line with the net zero emission target, and measures will be taken within this framework.
Progress regarding greenhouse gas emission reduction and climate change adaptation activities will be monitored by the Presidency on an annual basis. In order to take the necessary measures within the scope of this Law, the Presidency will be authorized to ensure inter-institutional coordination, determine activities and standards, monitor developments, and regulate market-based mechanisms related to carbon pricing within its field of duty.
Public institutions and organizations, as well as natural and legal persons, will prepare, have prepared, implement, support, and cooperate on plans and projects within the framework of their own authority and responsibilities.
Greenhouse gas emissions will be reduced in line with the Nationally Determined Contribution, the net zero emission target, and the strategies and action plans published or updated by the Presidency.
Greenhouse gas emission reduction activities specified on a sectoral basis in the Nationally Determined Contribution will be carried out within the scope of the duties and responsibilities given to the relevant institutions and organizations by legislation.
In line with the Nationally Determined Contribution, the net zero emission target, and the strategies and action plans published or updated by the Presidency; adaptation activities aimed at preventing existing or potential losses and damages related to climate change, minimizing risks, or taking advantage of opportunities will be carried out by the relevant institutions and organizations.
In plans, programs, strategies, action plans, and other policy documents prepared by institutions and organizations; the strategies and action plans published by the Presidency regarding the fight against climate change within the scope of the green growth vision and net zero emission target, as well as the principles determined in this Law, will be taken into account. Climate change strategies and action plans will be prepared, implemented, monitored, evaluated, and updated on a national or regional scale when necessary, periodically, under the coordination of the Presidency and with the cooperation of relevant institutions and organizations, for the purpose of carrying out greenhouse gas emission reduction and climate change adaptation activities.
For activities and investments to be made by institutions and organizations to combat climate change; it will be essential to develop and use climate finance and climate change combat incentive resources, develop insurance tools, and encourage green and sustainable capital market instruments, bank financing, and other financing tools.
Under the Law, an Emissions Trading System (ETS) will be established and a national allocation plan will be prepared. The market operator operates the ETS market. It will be mandatory for businesses carrying out activities that cause direct greenhouse gas emissions, the principles of which are determined by regulation under the ETS, to obtain a greenhouse gas emission permit from the Presidency in order to carry out these activities.
A Carbon Market Board will be established. It will consist of a deputy minister representing the Ministry of Environment, Urbanization and Climate Change, the Ministry of Energy and Natural Resources, the Ministry of Treasury and Finance, the Ministry of Industry and Technology, the Ministry of Trade, the Ministry of Agriculture and Forestry, and the Ministry of Transport and Infrastructure, under the chairmanship of the Minister, as well as the Vice President of Strategy and Budget, the Chairman of the Capital Markets Board, the Chairman of the Energy Market Regulatory Authority, and the President of Climate Change.
In order to support Turkey's green transformation and its fight against climate change; it will be essential to support climate-friendly investments with high potential for greenhouse gas emission reduction or climate change adaptation, as well as activities that contribute to meeting the research, development, and sectoral technological transformation needs required by green growth, and the mechanisms put into practice in this context.
In line with the decisions of the Carbon Market Board; appropriate mechanisms will be created for legal persons and public institutions and organizations operating in strategically priority sectors, especially those within the scope of the ETS, to use or encourage the use of green transformation, climate change combat, and just transition supports for the applications included in this Law.
Contrary to the prohibitions or restrictions regarding the tracking of greenhouse gas emissions; a) An administrative fine of 500 thousand Turkish liras to 5 million Turkish liras will be imposed on those who do not submit the verified greenhouse gas emission report within the specified time. Fines will be applied as double for businesses within the scope of the ETS.
An administrative fine of 2 million 500 thousand Turkish liras will be imposed on those who use, import, trade, and place on the market substances that deplete the ozone layer; 250 thousand Turkish liras on natural and legal persons providing maintenance, repair, and service for products or equipment containing substances that deplete the ozone layer; and 120 thousand Turkish liras on those who do not comply with the provisions for labeling products or equipment containing substances that deplete the ozone layer.
Contrary to the procedures and principles, prohibitions, or restrictions regarding fluorinated greenhouse gases; an administrative fine of 2 million 500 thousand Turkish liras will be imposed on those who use, trade, and place fluorinated greenhouse gases on the market, and a Hydrofluorocarbon Control Certificate will not be issued for 3 to 6 months. An administrative fine of one million Turkish liras will be imposed on those who import hydrofluorocarbons without a quota or in amounts exceeding the quota, and a deduction will be made from their quota in the following year at the rate of the amount exceeding the quota.
The authority to inspect acts subject to administrative sanctions due to the failure to fulfill the obligations contained in the Law will belong to the Presidency. In cases where on-site inspection and audit are required, if deemed necessary, the inspection will be carried out by the Ministry's provincial organization on behalf of the Presidency in cooperation with the relevant units of the Presidency.