WHAT DOES THE CLIMATE LAW INCLUDE?

The long-discussed Climate Law No. 7552 has finally entered into force. As individuals sharing this planet with the awareness that the world is not an inheritance from our ancestors but a trust for our children, we all wish to live in a habitable world. In this respect, Climate Law No. 7552 concerns us all.

Between 1786 and 1866, Native American Chief Seattle famously said: “When the last river has dried up, the last tree has died, and the last fish has been caught, only then will the white man realize that money cannot be eaten!” Perhaps this is the most poignant sentence ever written about the environment. Yet, after bringing the world to the brink of disaster, humankind began to discuss “what must be done” to turn back. However, a consensus is still lacking. The clearest indicator of this is that, despite knowing that war is the greatest destroyer of our planet, the frenzied arms race continues to escalate.

The Climate Law is the legal articulation of the question “what must be done for a more livable world.” Naturally, it aims to regulate how this process will be managed without disregarding human needs and the contextual realities of the time.

General Rationale of the Climate Law

Climate change is a global threat that, as in the rest of the world, is increasingly affecting our country. This reality is altering the habits and priorities of nations from economic, social, and legal perspectives. With new concepts and new approaches, climate change has gained a new dimension.

Due to its location in the Mediterranean basin, its geographical position, and its status as a developing country, Türkiye is among the nations that will be most affected by climate change. For this reason, the transition to a low-carbon economy, achieving green transformation in all sectors that cause greenhouse gas emissions, and enhancing capacity for both climate change mitigation and adaptation are of critical importance. The escalating impacts of drought, disasters, food insecurity, and extreme weather events pose an existential threat, making it imperative not to delay action against climate change.

Concrete steps in combating climate change include preventing climate-related disasters, strengthening cooperation in this field, addressing losses and damages, and doing so in a way that eliminates the injustices caused by climate change.

It should also be noted that the transformations triggered by climate change present opportunities and may generate positive effects in certain sectors.

International Responsibility

Türkiye became a party to the United Nations Framework Convention on Climate Change (UNFCCC) in 2004 and to the Paris Agreement in 2021. In line with these agreements, a 2053 Net Zero Emission Target was established. Subsequently, to implement measures on global climate change and ozone layer depletion and to determine plans, policies, and strategies for green development, the Climate Change Presidency was established under the Ministry of Environment, Urbanization and Climate Change to carry out national and international work, conduct necessary negotiations, and ensure coordination with other institutions and organizations.

Following the establishment of the Presidency, concrete targets were set in the Nationally Determined Contribution (NDC), the Climate Change Mitigation Strategy and Action Plan, the Climate Change Adaptation Strategy and Action Plan, and the Long-Term Climate Strategy. The Climate Law provides the legal framework for monitoring these actions, ensuring their adoption by society, improving implementation, incorporating international agreements into domestic law, and—most importantly—placing the fight against climate change on an immediate legal footing.

Key Provisions

The arrangements introduced by Climate Law No. 7552 can be summarized under the following categories:

1. All public institutions, organizations, and both natural and legal persons (i.e., all segments of society) are obliged to comply with the measures and regulations adopted to achieve mitigation and adaptation targets in the fight against climate change.
2. Increasing the use of renewable energy and clean technologies.
3. Expanding carbon sinks and protected areas that absorb carbon from the atmosphere through forests and other ecosystems.
4. Establishing an Emissions Trading System (ETS) for the allocation and trading of greenhouse gas emission allowances and making it mandatory for designated enterprises to obtain greenhouse gas emission permits.
5. Implementing the Türkiye Green Taxonomy, a classification system for economic activities contributing to climate change mitigation, in line with environmental targets.
6. Establishing a Carbon Border Adjustment Mechanism (CBAM) to manage the greenhouse gas emissions of imported goods, in parallel with European Union practice.
7. Reducing greenhouse gas emissions in line with strategies and action plans under the NDC and the net zero target submitted to the UNFCCC Secretariat.
8. Developing education and awareness programs to enhance society’s capacity to adapt to climate change, in line with the principle of environmental sustainability and to promote the protection and sustainable management of natural resources.
9. Clarifying the responsibilities of local governments and the private sector in combating climate change to ensure that all stakeholders act in cooperation.
10. Monitoring annually the progress in greenhouse gas emission reductions and climate change adaptation activities.
11. Defining administrative sanctions for those who violate prohibitions or restrictions regarding the monitoring of greenhouse gas emissions.

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