Law on Establishment of the Turkish Environment Agency and Amendments to Certain Laws

Per the Omnibus Law; the Turkish Environment Agency (“Environment Agency”) has been established, certain provisions have been introduced to the effect that waste management companies are also responsible for waste management, that administrative fines are at an amount to ensure deterrence and activities lacking environmental permits and licenses will be suspended for an indefinite period of time , and certain legal periods concerning the debts of members of chambers and exchanges have been paused.

Turkish Environment Agency
Within the framework of the Omnibus Law, the Turkish Environment Agency has been established, with a legal personhood and to be subject to the provisions of private law except for the matters listed in the Omnibus Law, which is charged with preventing environmental pollution, contributing to the improvement of green areas, improving resource efficiency in line with circular economy and zero waste approach, and carrying out activities aimed at the establishment, operation, supervision and monitoring of a deposit-return management system at a national scale.
The main activities of the Environment Agency in accordance with the environmental strategies and policies of the Ministry of Environment and Urbanisation (“Ministry”) are as follows:

• To establish, contract out the establishment of, operate or contract out the operation of, the Deposit-Return Management System which is to be based on the reception of return of certain products, determined by the Ministry and marketized with an additional deposit fee, after being consumed/used, and on the repayment of the deposit fee; to ensure the participation of the relevant parties to the deposit-return management system and to determine their obligations and to receive the deposit fee, other fees and securities and to return them, as determined by the Ministry,
• To apply the necessary administrative regulations and measures, including permission and approval procedures regarding the creation, implementation, monitoring of the deposit-return management system infrastructure for products subjected to the deposit-return practice as mandatory by the Ministry, and perform the necessary controls,
• To engage in activities aimed at improving the environment, and
• To contribute to the establishment and implementation of zero waste management system.

Environmental Law Regulations
The principles of extensification of zero waste, extensification of non-motorized and electric vehicles and reduction of plastic packaging have been added to the principles aimed at the protection and amelioration of the environment set out in the Environment Law numbered 2872 (“Environment Law”). In this direction, the changes made in the Environment Law and the additions introduced are as follows:

• It is made possible for waste producers to carry out their waste management through companies authorized as waste management officers. However, the obligation of waste producers whose qualifications are determined by the Ministry to carry out the management of their waste through the companies responsible for waste management is reserved.
• Waste producers who obtain certificates after establishing a zero waste management system, will be able to give their waste that they store separately at their source according to their type, to waste processing facilities that have received an environmental license from the Ministry, to ensure recycling.
• The purpose is to make it mandatory, by the regulation, to deliver the waste material, after being separated at their source, to waste processing facilities that have received an environmental license from the Ministry, in order to carry out the process of zero waste project more effectively. Administrative fines will be imposed on those who do not implement and/or fail to certify that they have implemented a zero waste management system.
• It is stated that it is essential to use the waste in such a way and in order to reduce the use of natural resources and raw materials and to increase recycling.
• For guarantees to be received from natural and/or legal persons who are obliged to obtain licenses, as well as from companies responsible for waste management, it is provided that the type, amount and cost of disposal of the waste they are responsible for managing will be primarily taken into consideration.
• It is also stipulated that the waste producer and the waste management officer are jointly and severally liable for the liabilities set out in the Environment Law, regarding the production, sale, storage, transportation of hazardous chemicals and the collection, transportation and storage of all wastes.
• It is stated that activities that do not have an environmental permit or an environmental license will be suspended for an indefinite period of time.
• An administrative fine is to be imposed in case of any violation of the principles and criteria set out by the Ministry in relation with the control of all kinds of setup used at filling stations or gas stations or terminals related to the storage, filling or transport by tankers of gasoline and naphta, establishment or operation of any premise whose establishment or operation is subject to permits because of water pollution, without obtaining the said permit from the competent authorities, or continuation of establishment or operation despite the annulment of the permit or any later modification at such premises without any permit or non-implementation of any modification considered as necessary by the competent authorities in due time.
• The administrative fines to be imposed to those who hand out plastic bags free of charge; handing out, production and procurement of plastic bags in violation of the principles and procedures set by the Ministry are also to be sanctioned by administrative fines.
• It is now made mandatory to have engine oil changed by the businesses authorized by the Ministry or to deliver engine oil waste to such places.
• Businesses changing engine oil without any certificate of authorization will be notified in writing that they have to obtain a certificate of authorization within 60 days and in case any engine oil change is made without such a certificate, despite the written warning, an administrative fine will be imposed on such businesses.
• The deposit-return system to be implemented for packaging and products to be determined by the Ministry in order to prevent environmental pollution has been postponed, from 1 January 2021 to 1 January 2022. Accordingly, the points of sale that sell the products falling within the scope of the deposit-return system are obliged to participate in the deposit collection system.
• Manufacturers, importers and marketeers of products subject to the mandatory deposit-return system, as well as wholesale or retail units that offer products subject to the deposit-return system to consumers/users, are obliged to fulfill their administrative, financial and technical obligations regarding the establishment, operation and monitoring of the deposit-return system.

Arrangements Regarding Debts towards Chambers and Exchanges
Regarding the membership fees to be paid by members to chambers and exchanges, chamber contribution fees to be collected from freight charges, fees of exchange registration, principal amounts of dues owed by the chambers and exchanges to the Union of Chambers and Commodity Exchanges of Turkey ("UCCET") and dues owed by insurance adjusters and insurance agencies to UCCET per Insurance Law numbered 5684, from 30 December 2020 until 31 December 2021;

• Ongoing enforcement and bankruptcy proceedings are paused, no further operation regarding these may be carried out,
• No preliminary injunction may be executed,
• No new enforcement and bankruptcy proceedings may be initiated,
• Periods regarding lapse of time and enforcement proceedings are paused. These periods continue from the day this period of pause ends.
• As of the start date of the period of pause, periods with 15 days or less remaining before their expiry, will be considered extended by 30 days, starting from the day following the end of the period of pause.

Please see the full text of the Omnibus Law here.

Nur Duygu Bozkurt Kadirhan, Senior Associate
Burak Batı, Associate
İrem Tanık, Legal Intern