In the 2003 Accession Partnership Document, Adopting a Programme for Transposition of The

22- ENVIRONMENT

The Law Concerning the Ratification of The Agreement Between the Republic of Turkey and the European Community on the Accession of the Republic of Turkey to the European Environment Agency and the European Environment Information and Observatory Network, and the Final Act of the Negotiations for the Adoption of The Agreement Between the Republic of Turkey and the European Community on the Accession of the Republic of Turkey to the European Environment Agency and the European Environment Information and Observatory Network was published in the Official Gazette No:25007 dated 28 January 2003.

In the 2003 Accession Partnership Document, adopting a programme for transposition of the acquis and developing a plan for financing investment, based on estimation of the cost of alignment and realistic sources of public and private finance, are priorities under the environment heading. In this context the “Analysis of Environmental Legislation for Turkey” project (MEDA/TUR/ENLARG/D4-01) financed by MEDA Funds, was completed in 2002. Current environment legislation has been compared with EU legislation, a gap analysis and needs assessment study has been completed, and investment costs for directives requiring heavy investment have been calculated within the scope of this project. Exact investment needs will be determined once the Integrated Environmental Approximation Strategy for the Turkish Republic (No:2002-31739) Project is completed in 2004. In addition, studies on priority environmental projects for accession, and supporting the development of an efficient financial mechanism for financing EU environmental heavy-cost directives will be carried out under the environmental heavy cost investments component of the Capacity Development in The Field Of Environment Project (TR-362.03), within the framework of the 2002 Pre-accession Financial Assistance Programme.

Integrating sustainable development principles into the definition and implementation of all other sectoral polices is a medium term priority of the 2003 Accession Partnership Document. In this framework, a project fiche has been prepared and will be submitted to the Pre-accession Financial Assistance Programme at the most appropriate time.

The Draft Act on the Amendment of Environment Law, also contains provisions on access to environmental information. Within the “institution building and access to environmental information” component of the “Capacity Building in the Field of Environment for Turkey” (TR-362.03) project approved under the 2002 Pre-accession Financial Assistance Programme, studies to create a national database in environmental information and the training of staff for strengthening administrative capacity, will be realized.

Legislation on reporting in the context of EU environment legislation will commence only after harmonization and implementation of related legislation and infrastructure studies have been initiated.

Secondary Legislation promulgated after the publication of the first National Programme is listed in Annex 22.1.

Turkey’s position and procedures to be followed with respect to multilateral environmental agreements to which EC is party are given in Annex 22.2.

I- PRIORITY LIST

PRIORITY 22.1 Improvement of Water Quality

Task 22.1.1 Discharge of Dangerous Substances into Aquatic Environments

Task 22.1.2 Water Pollution Caused by Nitrates from Agricultural Sources

Task 22.1.3 Water Framework Directive

Task 22.1.4 Treatment Plant Sludge

Task 22.1.5 Urban Wastewater Treatment

Task 22.1.6 Quality of Water for Human Consumption

Task 22.1.7 Quality of Surface Water and Ground Water

PRIORITY 22.2 Increase Effectiveness of Waste Management

Task 22.2.1 Integrated Waste Management

Task 22.2.2 Hazardous Waste Management

Task 22.2.3 Specific Waste Management

PRIORITY 22.3 Improving Air Quality

PRIORITY 22.4 Nature Conservation

PRIORITY 22.5 Industrial Pollution and Risk Management

PRIORITY 22.6 Increasing Strength and Effectiveness of Environmental Impact Assessment Process and Aligning with Strategic Environmental Assessment Directive

PRIORITY 22.7 Environmental Noise Management

PRIORITY 22.8 Management of Chemicals

Task 22.8.1Chemicals

Task 22.8.2 Pesticides

PRIORITY 22.9 Genetically Modified Organisms

PRIORITY 22.10 Nuclear Safety

II- MEASURES FOR HARMONISATION WITH THE EU LEGISLATION AND IMPLEMENTATION

PRIORITY 22.1 Improvement of Water Quality

Improvement of water quality has been assigned as a priority, since, starting transposition and implementation of the acquis related to water quality is a short-term priority, and completing the transposition of the acquis and strengthening the institutional, administrative, and monitoring capacity, including data collection, to ensure environmental protection is a medium-term priority of the Accession Partnership document.

Task 22.1.1 Discharge of Dangerous Substances into Aquatic Environments

1-Priority Description

Discharge parameters in the Implementing Regulation on Water Pollution Control published in the Official Gazette No. 19919 dated 4 September 1988, have been collected under 16 sector headings, and sectoral discharge parameters have thus been determined. Discharge parameters in EU legislation have been established by taking into account “Best Available Technologies”. In this respect, in terms of both legislation and implementation, there is a need for harmonization. According to the Law on Fisheries and Agricultural Products No. 1380 and Implementing Regulation on Fisheries and Aquacultural Products, seas and inland surface waters are defined as supply areas of fisheries and aquacultural products. In seas and inland surface water sources, where fisheries and acquacultural products are concerned, environment and waste water discharge criteria defined in the Annex 5 and 6 of the Implementing Regulation on Fisheries and Aquacultural Products have to be aligned with EU legislation.

2- Schedule of Necessary Legislative Changes

Table 22.1.1.1

No / Title and number of EU legislation / Title of Draft Turkish Legislation / Responsible Institution a) / Proposed Date of Approval of Minister/Council of Ministers / Proposed Date of
1- Adoption by the Parliament
2- Entry into force
1 / Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community / Revision of the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Communiqué on Dangerous and Hazardous Substances related to the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Implementing Regulation on Water Products / Ministry of Agriculture and Rural Affairs / 30.06.2004 / 2- 15.07.2005
2 / Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC / Revision of the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Communiqué on Dangerous and Hazardous Substances related to the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Implementing Regulation on Water Products / Ministry of Agriculture and Rural Affairs / 30.06.2004 / 2- 15.07.2005
3 / Council Directive 88/347/EEC of 16 June 1988 amending Annex II to Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC / Revision of the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Communiqué on Dangerous and Hazardous Substances related to the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter

Table 22.1.1.1 (Continued)

No / Title and number of EU legislation / Title of Draft Turkish Legislation / Responsible Institution a) / Proposed Date of Approval of Minister/Council of Ministers / Proposed Date of
1- Adoption by the Parliament
2- Entry into force
4 / Council Directive 90/415/EEC of 27 July 1990 amending Annex II to Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in list I of the Annex to Directive 76/464/EEC / Revision of the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Communiqué on Dangerous and Hazardous Substances related to the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Implementing Regulation on Water Products / Ministry of Agriculture and Rural Affairs / 30.06.2004 / 2- 15.07.2005
5 / Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane / Revision of the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Communiqué on Dangerous and Hazardous Substances related to the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
6 / Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges / Revision of the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Communiqué on Dangerous and Hazardous Substances related to the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Implementing Regulation on Water Products / Ministry of Agriculture and Rural Affairs / 30.06.2004 / 2- 15.07.2005
7 / Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry / Revision of the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Communiqué on Dangerous and Hazardous Substances related to the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Implementing Regulation on Water Products / Ministry of Agriculture and Rural Affairs / 30.06.2004 / 2- 15.07.2005

Table 22.1.1.1 (Continued)

No / Title and number of EU legislation / Title of Draft Turkish Legislation / Responsible Institution a) / Proposed Date of Approval of Minister/Council of Ministers / Proposed Date of
1- Adoption by the Parliament
2- Entry into force
8 / Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry / Revision of the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Communiqué on Dangerous and Hazardous Substances related to the Implementing Regulation on Water Pollution Control / Ministry of Environment and Forestry / 2005, IV. Quarter / 2- 2005, IV. Quarter
Revision of the Implementing Regulation on Water Products / Ministry of Agriculture and Rural Affairs / 30.06.2004 / 2- 15.07.2005

a) The Ministry of Health will contribute to the studies.

3- Schedule of Necessary Institutional Changes

Table 22.1.1.2

No / Necessary Institutional Changes – (Ministry of Environment and Forestry) / Period of Implementation
1 / Strengthening of the current institutional structure / 2004-2006
2 / Recruitment of staff / 2004-2006
3 / Training of personnel / 2004-2006
4 / Identification of the equipment requirements of the laboratories required for water pollution analysis, and strengthening of the infrastructure / 2004-2006

Table 22.1.1.3

No / Necessary Institutional Changes - (Ministry of Agriculture and Rural Affairs) / Period of Implementation
1 / Identification of the equipment requirements of the laboratories required for water pollution analysis, and strengthening of the infrastructure / 2004-2006
2 / Personnel support to the Provincial Directorates / 2004-2006
3 / Training of the Provincial Directorates’ personnel / 2004-2006

4-Financing Requirements and Sources of Financing

Table 22.1.1.4(Euro)

Requirements - (Ministry of Environment and Forestry) / Year / National Budget / EU Resources / Other / Total
I-Investment a)
II- Harmonisation with the EU legislation and Implementation / 2004-2006 / (1)
Personnel / 2004-2006 / 160,000 / 160,000
Training / 2004-2006 / (2)
Consultancy / 2004-2006 / (3)
Translation / 2004-2006 / 5,000 / 10,000 / 15,000

Table 22.1.1.4 (Continued)(Euro)

Requirements - (Ministry of Environment and Forestry) / Year / National Budget / EU Resources / Other / Total
Other / (1)+(2)+(3)=1,500,000b) / 1,500,000
Total / 165,000 / 1,510,000 / 1,675,000

a) The investment requirement will be determined once the Project on Integrated Environmental Harmonisation Strategy (2002-31739) is finalised. In addition, studies on priority environmental projects for accession and supporting the development of an efficient financial mechanism for financing EU environmental heavy-cost directives will be carried out in the context of the environmental heavy cost investments component of the Capacity Development in The Field Of Environment Project (TR-362.03) under the 2002 Pre-accession Financial Assistance Programme.

b) A project will be submitted to the Pre-accession Financial Assistance Programme with the contribution of the related institutions.

Table 22.1.1.5(Euro)

Requirements - (Ministry of Agriculture and Rural Affairs) / Year / National Budget / EU Resources / Other / Total
I-Investment a)
II- Harmonisation with the EU legislation and Implementation / (1)
Personnel / 2004-2006 / 160,000 / 160,000
Training / 2004-2006 / (2)
Consultancy / 2004-2006 / (3)
Translation / 2004-2006 / 5,000 / 10,000 / 15,000
Other / (1)+(2)+(3)= 1,500,000b) / 1,500,000
Total / 165,000 / 1,510,000 / 1,575,000

b) A project will be submitted to the Pre-accession Financial Assistance Programme with the contribution of the related institutions.

Task 22.1.2 Water Pollution Caused by Nitrates from Agricultural Sources

1-Priority Description

There is no corresponding Turkish legislation for Directive 91/676/EEC. Therefore, draft legislation is being prepared. In order to protect fisheries and acquacultural products from pollution originating from agricultural nitrate sources, environment friendly agricultural methods have to be introduced. A transition period is required for full implementation.

2- Schedule of Necessary Legislative Changes

Table 22.1.2.1

No / Title and number of EU legislation / Title of Draft Turkish Legislation / Responsible Institution / Proposed Date of Approval of Minister/Council of Ministers / Proposed Date of
1- Adoption by the Parliament
2- Entry into force
1 / Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources / Implementing Regulation on the Protection of Waters against Pollution Caused by Nitrates from Agricultural Sources / Ministry of Agriculture and Rural Affairs (will publish the Implementing Regulation)
Ministry of Environment and Forestry (will be involved in the implementation) / 2003, IV. Quarter / 2- 2005, IV. Quarter

a) As the implementation of the legislation under this priority requires heavy investment for both the public and private sector, it is deemed necessary to make infrastructure investment and to strengthen technical capacity. Therefore, the context in which it will be implemented will be determined during legislation preparation.

3- Schedule of Necessary Institutional Changes

Table 22.1.2.2

No / Necessary Institutional Changes - (Ministry of Environment and Forestry) / Period of Implementation
1 / Strengthening the current institutional structure / 2004-2006
2 / Training of personnel via training of trainers / 2004-2006

Table 22.1.2.3

No / Necessary Institutional Changes - (Ministry of Agriculture and Rural Affairs) / Period of Implementation
1 / Strengthening the infrastructure of the laboratories in the field of nitrate contamination analysis / 2004-2006
2 / Establish principles of Good Agricultural Practices / 2003-2006
3 / Training of the Provincial Directorate personnel (first training of the trainers, and then training of all the Provincial Directorate personnel) / 2004-2006

4-Financing Requirements and Sources of Financing

Table 22.1.2.4 (Euro)

Requirements-(Ministry of Environment and Forestry) / Year / National Budget / EU Resources / Other / Total
I-Investment a) / 2004 - 2024
II- Harmonisation with the EU legislation and Implementation
Personnel
Training / 2004-2006 / 5,000 / 50,000 / 55,000
Consultancy / 2004-2006 / 200,000 / 200,000
Translation / 2004-2006 / 5,000 / 10,000 / 15,000
Other
Total / 10,000 / 260,000 / 270,000

a) The investment requirement will be determined once the Project on Integrated Environmental Harmonisation Strategy (2002-31739) is finalised. In addition, studies on priority environmental projects for accession and supporting the development of an efficient financial mechanism for financing EU environmental heavy-cost directives will be carried out in the context of the environmental heavy cost investments component of the Project on Capacity Development in The Field Of Environment (TR-362.03) under the 2002 Pre-accession Financial Assistance Programme.

Table 22.1.2.5(Euro)

Table 22.1.2.5 (Continued)(Euro)

Requirements - (Ministry of Agriculture and Rural Affairs) / Year / National Budget / EU Resources / Other / Total
Translation / 2004-2005 / 10,000 / 10,000
Other / 2004-2006 / 100,000 / 100,000
Total / 5,000 / 340,000 / 345,000

a) The investment requirement will be determined once the Project on Integrated Environmental Harmonisation Strategy (2002-31739) is finalised. In addition, studies on priority environmental projects for accession and supporting the development of an efficient financial mechanism for financing EU environmental heavy-cost directives will be carried out in the context of the environmental heavy cost investments component of the Capacity Development in The Field Of Environment (TR-362.03) Project under the 2002 Pre-accession Financial Assistance Programme.

Task 22.1.3 Water Framework Directive

1-Priority Description

There is no corresponding Turkish legislation for Directive 2000/60/EC under the EU water management heading. Implementation of subjects covered by the aforementioned directive is under the authority and responsibility of various administrative institutions, therefore, a MATRA project, “Implementation of the Water Framework Directive in Turkey” has been designed and initiated. The project will identify how the current administrative structure needs to be transformed, in order to implement Directive 2000/60/EC. Following the completion of the MATRA project, another project comprising training of central and provincial units on the alignment and implementation of Directive 2000/60/EC, strengthening of administrative structures, and investment needs for implementation purposes, will be proposed to the Pre-accession Financial Assistance Programme.

2- Schedule of Necessary Legislative Changes

Table 22.1.3.1

No / Title and number of EU legislation / Title of Draft Turkish Legislation / Responsible Institution / Proposed Date of Approval of Minister/Council of Ministers / Proposed Date of
1- Adoption by the Parliament
2- Entry into force
1 / Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy / Drafting legislation complying the provisions of the Framework Environment Directive / Ministry of Environment and Forestry
Ministry of Agriculture and Rural Affairs
Directorate General for State Hydraulic Works / 2005, IV. Quarter / a)

a) As the implementation of the legislation under this priority requires heavy investment for both the public and private sector, it is deemed necessary to make infrastructure investments and to strengthen technical capacity. Therefore, the date of entry into force will be determined during legislation preparation.

3- Schedule of Necessary Institutional Changes

Table 22.1.3.2

No / Necessary Institutional Changes (Ministry of Environment and Forestry) / Period of Implementation
1 / Strengthening of the current institutional structure (office, laboratory) / 2003-2005
2 / Recruitment of technical and administrative personnel / 2004-2006
3 / Training of personnel / 2003-2005

Table 22.1.3.3

No / Necessary Institutional Changes (Ministry of Agriculture and Rural Affairs) / Period of Implementation
1 / Strengthening of the infrastructure of the laboratories for water pollution analysis / 2003-2005
2 / Training of the Provincial Directorate technical personnel / 2003-2005

4-Financing Requirements and Sources of Financing

Tabloe22.1.3.4(Euro)

Requirements - (Ministry of Environment and Forestry) / Year / National Budget / EU Resources / Other / Total
I-Investment a)
II- Harmonisation with the EU legislation and Implementation / 2004-2006 / (1)
Personnel / 2004-2006 / 160,000 / 160,000
Training / 2003-2006 / (2)
Consultancy / 2003-2006 / (3)
Translation / 2003-2005 / 5,000 / (4) / 5,000

Tabloe22.1.3.4 (Continued)(Euro)

Requirements - (Ministry of Environment and Forestry) / Year / National Budget / EU Resources / Other / Total
Other
Programming of Pre-accession Financial Assistance b) / 2005-2006 / a-(1)+(2)+(3)+(4)= 1,500,000 / 1,500,000
Total / 165,000 / 1,500,000 / 1,665,000

a) The investment requirement will be determined once the Project on Integrated Environmental Harmonisation Strategy (2002-31739) is finalised. In addition, studies on priority environmental projects for accession and supporting the development of an efficient financial mechanism for financing EU environmental heavy-cost directives will be carried out in the context of the environmental heavy cost investments component of the Capacity Development in The Field Of Environment (TR-362.03) Project under the 2002 Pre-accession Financial Assistance Programme.