A comparative analysis of Turkish and European Union environmental legislation regarding cleaner (sustainable) production concept

Transcription

1 246 Int. J. Environment and Sustainable Development, Vol. 10, No. 3, 2011 A comparative analysis of Turkish and European Union environmental legislation regarding cleaner (sustainable) production concept Ferda Ulutas, Emrah Alkaya and Merve Böğürcü Technology Development Foundation of Turkey, Bilkent, 06800, Ankara, Turkey fulutas@ttgv.org.tr ealkaya@ttgv.org.tr mbogurcu@ttgv.org.tr Göksel N. Demirer* Middle East Technical University, Department of Environmental Engineering, 06531, Ankara, Turkey Fax: goksel@metu.edu.tr *Corresponding author Abstract: The term cleaner (sustainable) production has been cited in many policy and strategy documents of the top level agency/institutions on science, technology, development, etc., in Turkey for over a decade. However, it is not sufficiently known and applied except its energy efficiency aspect in Turkey. So as to overcome this deficiency, the Ministry of Environment and Forestry supported the project Determination of the Framework Conditions and Research-Development Needs for the Dissemination of Cleaner (Sustainable) Production Applications in Turkey which was carried out in 2009 by TTGV and Göksel N. Demirer, as the consultant. This paper summarises this analysis which was one of the outcomes of this project. Keywords: Turkey; European Union; EU; cleaner; sustainable; production. Reference to this paper should be made as follows: Ulutas, F., Alkaya, E., Böğürcü, M. and Demirer, G.N. (2011) A comparative analysis of Turkish and European Union environmental legislation regarding cleaner (sustainable) production concept, Int. J. Environment and Sustainable Development, Vol. 10, No. 3, pp Biographical notes: Ferda Ulutas graduated from the Middle East Technical University Department of Environmental Engineering in She received her Masters from the same department in She worked in the Environmental Department of the Research and Technology General Directorate of CAMSISE from 1997 to She served as the Chair of the Istanbul Chamber of Industry Environment Technical Work Group. She has been the Coordinator of TTGV Environmental Projects Group since Industrial environmental management, environmental management systems, cleaner production (eco-efficiency) applications in industry, eco-innovation policies, sustainable consumption and production, energy efficiency and renewable energy are among her areas of expertise. Copyright 2011 Inderscience Enterprises Ltd.

2 A comparative analysis of Turkish and EU environmental legislation 247 Emrah Alkaya received his BSc and MSc from the Department of Environmental Engineering at the Middle East Technical University in 2006 and 2008 respectively. He served as a Project Assistant in the same department from 2006 to He worked in the TEMPO Engineers and Consultancy Ltd. Company on modelling biological wastewater treatment and solid waste management systems. He has been working as an assistant expert in the TTGV Environmental Projects Group since His areas of expertise include preventive environmental management, the production of bio-products from organic wastes, biological wastewater treatment, energy efficiency in industry and renewable energy, etc. In 2010, Merve Böğürcü began to work at TTGV as an assistant expert in the Environmental Projects Group on projects related to cleaner production in industry, energy efficiency and renewable energy. She received her BSc in 2008 from the Middle East Technical University, Department of Environmental Engineering. Currently, she is a Master student in the same department. She served as a Research Assistant at the METU Department of Environmental Engineering from 2008 to Sustainable production and consumption, scientific decision making methods in environmental fields, etc., are among her areas of expertise. Göksel N. Demirer received his BSc and MSc from the Department of Environmental Engineering at Middle East Technical University, Turkey in 1989 and 1991, respectively. Then, he received his PhD from Vanderbilt University, USA in Then, he joined the Department of Environmental Engineering at Middle East Technical University as a faculty member where he is currently a Full Professor. He has been a Visiting Professor in Washington State University, USA and RMIT University, Australia in and 2007, respectively. His areas of interest include environmental biotechnology, sustainable consumption and production, bio-energy and bio-based product formation from wastes. 1 Introduction Industrial production without adequate regard for environmental impacts has led to an increase in water and air pollution, soil degradation, and large-scale global impacts such as acid rain, global warming and ozone depletion. To create more sustainable means of production, there must be a shift in attitudes towards proactive waste management practices moving away from control towards prevention. A preventive approach must be applied in all industrial sectors. Used in complement with other elements of sound environmental management, cleaner production is a practical method for protecting human and environmental health and supporting the goal of sustainability (Avsar and Demirer, 2008). Cleaner production was defined as decreasing risks on human and environment by continuous application of an integrated and preventive environment strategy on products and processes by United Nations Environment Program (UNEP). It aims to prevent/minimise the pollution before arising contrary to common pollution control approaches. Pollution control approaches accept the production and design phases as unchangeable factors; therefore pollution is seen as an inevitable result of these phases and solutions are sought after pollution occurs. Consequently, these approaches require

3 248 F. Ulutas et al. additional costs for the institutions by focusing on the waste treatment facilities. On the other hand, cleaner production approaches accept the pollution as a result of deficiencies and inefficiencies during design, raw material utilisation and production processes; and aim to find solution by providing necessary developments during these processes (UNEP, 1996). Cleaner production has a close relation with sustainability beside development of new product, process, system and services (Glavic and Lukman, 2007). United Nations Environmental Program, Department of Technology, Industry and Economy (UNEP-DTIE) took first significant step by launching cleaner production programme in The main aim was to raise awareness regarding subject, form a structure and generalise sustainable development works by stressing its benefits. Cleaner production concept that has been adopted by many countries, agencies and institutions has obtained a global qualification since then (UNEP, 2002). Then, it was evolved to sustainable production (Narayanaswamy and Stone, 2007). Sustainable production was defined as the creation of goods and services using processes and systems that are non-polluting; conserving of energy and natural resources; economically viable; safe and healthful for employees, communities and consumers; and socially and creatively rewarding for all working people (Veleva and Ellenbecker, 2001). Cleaner production concept is still used by many related institutions while sustainable production concept has been rapidly adopted (Veleva and Ellenbecker, 2001; Glavic and Lukman, 2007). Therefore, the term cleaner (sustainable) production is adopted in this study. Cleaner (sustainable) production concept has been firstly brought to the agenda of Turkey by The Scientific and Technological Research Council of Turkey (TUBITAK) and Technology Development Foundation of Turkey (TTGV) in 1999 (Science-Technology-Industry Discussion Platform, 1999). Cleaner production concept is placed in the priority areas of the Supreme Council for Science and Technology (BTYK) which determines the national science and technology policies. This concept has also been emphasised in the Environment and Sustainable Development Panel in the scope of the TUBITAK s Vision 2003 Project (URL 1). Moreover, it was among the main themes stated in Eighth Five Year (URL 2) and Ninth Seven Year Development Plans (URL 3) and documents prepared for European Union (EU) accession efforts (URL 4). The term cleaner (sustainable) production has been cited in many other policy and strategy documents of the top level agency/institutions on science, technology, development, etc., in Turkey for over a decade. However, it is not sufficiently known and applied except its energy efficiency aspect in Turkey. So as to overcome this deficiency, the Ministry of Environment and Forestry supported the project Determination of the Framework Conditions and Research-Development Needs for the Dissemination of Cleaner (Sustainable) Production Applications in Turkey which was carried out in 2009 by TTGV and Prof. Dr. Göksel N. Demirer, as the consultant. One of the specific targets of this project was to comparatively analyse Turkish and EU environmental legislation on cleaner (sustainable) production concept. As the major output of the report, a draft report was prepared by the project team. Then, a workshop was organised to present the major findings and receive the feedback of all the stakeholders. A total of 125 participants represented 62 different institutions (public, private, NGOs, universities, sectoral and financial institutions, etc.) in the workshop. The workshop participants were also very diverse with respect to the geographical area of origin in the country. The feedbacks of the participants were recorded during the workshop. Moreover, participants were asked to provide their further

4 A comparative analysis of Turkish and EU environmental legislation 249 feedbacks beyond three weeks of the workshop date. All the feedbacks were reflected in the suggestions given in the Conclusions section. This paper summarises the main findings of the comparative analysis of the Turkish which is in EU accession period and EU environmental legislation on cleaner (sustainable) production concept. With its Sustainable Consumption and Production and Sustainable Industrial Policy (SCP/SIP) action plan, EU strives to develop SCP policies that will be help of providing the sustainability worldwide; to develop low carbon and sustainable technology, product and services; to change the consumer behaviours in the manner of providing the development of such concepts as resource efficiency, product performance and eco-innovation (EC, 2008). Therefore, the findings of this study might prove important not only for countries in the EU adaptation process but also for new member states. 2 Cleaner (sustainable) production in Turkish legislation In this section, Turkish national legislation is reviewed in terms of cleaner (sustainable) production and pollution prevention, reduction at source, recycling, productiveness. The legislation which is indirectly related to cleaner (sustainable) production and the relevant methods, data, principles and approaches are also summarised. However, legislation concerning energy efficiency and renewable energy are not included in this study, since they are already well known and widely practiced in Turkey (URL 5). 2.1 Cleaner (sustainable) production and related concepts in environmental law and regulations Environmental law Prevention of water, soil and air pollution, regulations which will be done for improving and ensuring the health and welfare of present and future generations and defining the precautions in line with economic and social development objectives are among the objectives of the Environmental Law (No. 2872). Sustainable environment and sustainable development concepts which are referred in Article 1 of the law, coincide with the sustainability and pollution prevention concepts which are the main objective of the cleaner (sustainable) production concept. Several sections of the Environmental Law (Chapter 2, Articles 3f and; Chapter 9, Article b; etc.) contain direct links to cleaner (sustainable) production approach (URL 6) Water pollution control regulation The cleaner (sustainable) production concept is clearly used in this Regulation which control all kinds of wastewaters through the pollution prevention emphasis. The following statement can be given as examples: in order to realize water pollution prevention in a manner consistent with sustainable development objectives (Chapter 1, Article 1) and production with the technology which prevents pollution at source by minimizing the concentration of waste in wastewater (Chapter 2, Article 4d) (URL 7).

5 250 F. Ulutas et al Regulation on the control of pollution caused by hazardous substances in and around water bodies The aim of this regulation is to determine, prevent and reduce the pollution in and around the water bodies caused by hazardous substances. One of the main principles of this Regulation reads as cleaner production technologies must be applied for reduction, elimination and prevention of pollution (Article 5), which is a direct reference to cleaner (sustainable) production (URL 8) Regulation on general principles of waste management The aim of this regulation is to describe the general principles which will provide management of wastes from formation to disposal without harming environment and human health. Regulation s Article 5 indicates that: design and use of clean technologies to produce less harmful waste at a reduced quantity, use resources as low as possible, etc. recycle or use wastes as secondary raw material and energy sources, in cases where waste production is inevitable use environmentally sound technologies, recovery and reuse options, and reduce waste production at source, in order to use natural sources and energy efficiently during all kinds of antropogenic activities. Furthermore, information such as classification systems for all wastes and waste recycling operations, etc., in accordance with the EU waste coding system also appear in appendix of the Regulation (URL 9) Solid waste control regulation This regulation includes principles related to collection, transportation, recovery, recycling and disposal of municipal solid wastes from residential areas; plant wastes disposed from parks, gardens, etc.; bulky solid wastes; commercial and industrial wastes, treatment plant sludges, etc., which are not included in hazardous waste class. The waste reduction which is the main principle of cleaner (sustainable) production is adopted in this Regulation as a policy by regulating the generators that produce solid wastes to select technology which produce least amount of solid waste, reduce amount of solid waste produced in current production, not to have hazardous substances in solid wastes, join to works done for recycle and recovery of solid wastes (Chapter 2, Article 4) (URL 10) Hazardous waste control regulation The aim of this regulation is to define legal and technical principles of policy and programmes on hazardous waste management including collection, transportation, processing, disposal, relevant technical and administrative standards, etc. The approaches of reduction of wastes at source and giving priorities to recycling and reuse of these wastes during their disposal, are the principles of the Regulation which directly support

6 A comparative analysis of Turkish and EU environmental legislation 251 cleaner (sustainable) production (Chapter 1, Article 1e, 5b, 9d, 9j; Chapter 2, Article 7h; Chapter 4, Article 15, 16, 20, 24) (URL 11) Waste oil control regulation The aim of this regulation is to determine the procedures and principles for prevention and disposal of waste oils in a way which is not harmful to the environment. In Regulation Article 5(3), minimisation of waste oils at source, regeneration and refining of waste oils primarily for recovery purposes are expressed. With Article 9, waste oil producers are required to take the necessary measures to reduce waste oil production to the lowest level. According to Article 21, waste oils with the non-recovery property or which do not provide the required product quality after recovery processes can be used as additional fuel for the purpose of energy recovery. Therefore, this regulation is in harmony with the hierarchy of cleaner (sustainable) production which follows the order of waste prevention, recycling and reuse and final disposal of wastes (URL 12) Waste vegetable oils control regulation The aim of this regulation is to designate legal and technical principles for determination of the principles, policy and programmes for the purpose of prevention and disposal of waste vegetable oils. In Article 5 of this Regulation, the minimisation of waste vegetable oils, via recovery and reuse is suggested. The disposal is to be practiced only for waste vegetable oils which are unfit for recycling. Moreover, essentially separate storage of waste oils at source is also indicated under the same article. Similar to waste oil control regulation, this regulation adopted the hierarchy of cleaner (sustainable) production which follows the order of waste prevention, recycling and reuse and final disposal of wastes (URL 13) Waste batteries and accumulators control regulation The aim of this regulation is to define legal and technical principles for the determination of the principles, policy and programmes for environmentally sound management of batteries and accumulators. Under Regulation Article 5, production of long-lasting batteries, restriction of certain hazardous substances in the production and recycling of accumulators are indicated which are among the principles of cleaner (sustainable) production (URL 14) Packaging waste control regulation The aim of this regulation is to constitute technical and administrative standards on the issues of packaging waste management. Under Regulation Article 5, prevention of formation of packaging wastes for the purpose of protection of natural resources and reduction of waste quantities; in the cases where production of packaging waste is inevitable primarily recycling, recovery and reuse of reusable packaging wastes are stated. In this framework, the principles of cleaner (sustainable) production and SCP are adopted for the entire product chain of packaging (URL 15).

7 252 F. Ulutas et al Hazardous chemicals regulation The aim of this regulation is to define administrative and technical procedures and principles oriented for the protection of the environment and humans from negative effects of hazardous chemicals. In this context, according to Article 12, manufacturers who supply hazardous and dangerous goods to market, importers, and distributors are required to inform users and inform users about the risks of hazardous chemicals and dangerous goods and take the necessary measures. This Regulation is in direct agreement with one of the principles of cleaner (sustainable) production which is to assess the possibility of substitution of hazardous chemicals by alternative substances (URL 16) Regulation on restrictions relating to production, supply, and use of some hazardous substances, products and goods The aim of this regulation is to designate administrative and technical procedures and principles regarding to production of some hazardous substances, their use in products and supply them to the market. In this context, prohibitions for production and use in products and restrictions are introduced for some substances (asbestos, PCB, PCT, etc.) which are included in hazardous class; and these applications directly support cleaner (sustainable) production processes (URL 17) Regulation on control and inventory of chemicals The aim of this regulation is to designate administrative and technical procedures and principles concerning the inventory creation and control for the purpose of protection against negative impacts of chemicals on human health and the environment. Under Regulation Article 5, substances which are considered to be harmful to human health and the environment, and mixtures or solutions (products) consisting of at least two or more substances are defined. Moreover, the necessity of providing adequate level of protection for human health and the environment by reducing the risks that hazardous substances which can cause on human health and the environment is emphasised (Article 6). With this aspect, the Regulation includes elements which supports cleaner (sustainable) production activities because it provides inventory for the use of hazardous chemicals and is aimed at controlled use of these substances (URL 18) Regulation on limitation of use of certain hazardous substances in electrical and electronic goods The aim of this regulation is to designate the procedures and principles regarding the recovery and disposal of electrical and electronic goods in an environmentally compatible way by limited use of some hazardous substances in electrical and electronic goods; assessment of applications which will be exempt from these limitations and taking export of electrical and electronic goods under control. Under Regulation Article 5, use of certain hazardous substances in electrical and electronic goods which are introduced into the market is prohibited. According to the same article, manufacturers have to make necessary studies in order to avoid use of hazardous substances mentioned within this Regulation or substitute safer alternative substances. This Regulation directly supports the principles of cleaner (sustainable) production with its principles defined for production, consumption, waste recovery and disposal processes (URL 19).

8 A comparative analysis of Turkish and EU environmental legislation Regulation on control of end-of-life vehicles This regulation aims to set up the standards and obligations to which economic operators and temporary storage areas will be subjected to in terms of end-of-life vehicle management. According to Regulation Article 5, the use of recycled materials in vehicles will be increased in order to extend recycling applications; design and production of new vehicles and their parts and materials will be done in the way which will make dismantling of vehicles after they have completed their life and reuse, recovery and recycle of these vehicles will be easier. Use of lead, mercury, cadmium, chromium (VI) is prohibited in vehicles, their parts and materials which are introduced to the market. According to Regulation Article 16, in the cases where vehicle safety and environmental standards are met, the parts which are taken out from end-of-life vehicles will be reused. This regulation is a comprehensive regulation which affects particularly automotive and automotive supply industry sectors, and includes SCP understanding with its all aspects (URL 20) Regulation concerning reduction of ozone depleting substances The aim of this regulation is to designate the procedures and principles regarding the use and phase-out of substances which have been brought under control with Montreal Protocol on Ozone Depleting Substances. Within the context of the Regulation, subjects relating to foreign trade, use, supply, reprocessing after collection, reclamation and disposal of substances brought under control and products and equipments which include these substances; reporting the information relating to these substances and informing the public, are indicated. The activities such as necessary technical facilities for recycling, recovery, rehabilitation machines, end-use area of controlled substances and the product list including these substances, substances whose use has been prohibited, controlled substances, critical uses of halon are described. This regulation controls all processes regarding the misuse of ozone depleting substances and it serves directly to the cleaner (sustainable) production concept (URL 21) Regulation concerning reduction of sulphur ratio in some types of fuel The aim of this regulation is to determine the procedures and principles relating to the reduction of sulphur dioxide emissions resulting from burning of some types of fuels, in order to protect human and environment against their negative impacts. According to the Regulation, maximum sulphur content of fuel oil types was defined as 1%. In accordance with the Article 4, from the date of 1 January 2012 use of fuel oil types whose sulphur content exceeds 1% by mass is prohibited. This approach supports cleaner (sustainable) production approach by preventing sulphur dioxide emissions resulting due to burning, at source (URL 22) Industrial air pollution control regulation The aim of this regulation is to control the emissions in the form of soot, smoke, dust, gas, steam and aerosol which are emitted from activities of industry and energy production facilities; protect human and its environment from danger arising from the pollution in receiving environments; resolve the negative effects which are due to air pollution and lead significant damage to public and prevent these effects. In Article 6 and

9 254 F. Ulutas et al. Article 20, it is stated that facilities should prevent pollution production by reducing the negative impacts of the facilities on the environment by using the best available production and/or treatment techniques. Here, best available techniques which are stated in EU Integrated Pollution Prevention and Control Directive is referred and best available production techniques directly points to cleaner production and prevention of pollution at source (URL 23) Environmental audit regulation The aim of this regulation is to describe the environmental audit procedures and principles; qualifications and obligations of people who will conduct the audits, environmental management units/officers, and companies authorised for environmental services. Within this context, this regulation can be an important tool which supports cleaner production, in case responsibilities and obligations related to cleaner (sustainable) production given in summarised Regulations are also examined effectively during the audits. This Regulation may create an internal audit discipline within the facility and can be again a useful tool in case of taking issues related to cleaner (sustainable) production into scope of audit properly (URL 24). 2.2 Legal documents and plans related to the EU harmonisation process EU legal Acquis Harmonization Program The environment section of the EU Legal Acquis Harmonization Program (No. 2008/14481, 31 December 2008) includes the following directives which are related to the cleaner (sustainable) production, to be adapted to the Turkish legislation: Integrated Pollution Prevention and Control (Integrated Environment Permit) Directive Eco-label Directive Eco-Management and Audit Scheme (EMAS) Directive Strategic Environmental Assessment Directive Law About Environmental Liability Directives about Eco-design Requirements of Energy-using Products. Furthermore, several changes on current legislation related to waste management, air emission control, water management, etc., are planned which support cleaner (sustainable) production Turkish industrial policy on the way to EU membership An Industrial Policy Report was prepared within the scope of EU harmonisation of Turkey. The main objective of the sustainable development chapter of this report reads as providing economical and social development while preserving human health, ecological balance, cultural, historical and aesthetical values.

10 A comparative analysis of Turkish and EU environmental legislation 255 Moreover, it was indicated that in determination of industrial policies and investments, the priority will be given to environment friendly technologies in accordance with the cleaner (sustainable) production principles, and application of environmental impact assessment (EIA) process by informing and encouraging local producers about these technologies (URL 25) EU environmental harmonisation strategy (NES) ( ) The National Environmental Strategy (NES) document comprises detailed information about technical and institutional infrastructure and the obligatory environmental improvements and regulations required for Turkey to adopt the EU environmental legal acquis. This is a precondition of achieving complete harmonisation for implementing the EU legislation effectively. NES investigated the present situation about environmental problems of Turkey, legislation and institutional structure investments made and the difficulties encountered in struggle against environmental problems. Moreover, the high priority environmental fields and the aims, targets, strategies and activities related to these priorities are determined. The outputs of the National Environmental Strategy and Action Plan (NEAP), the Integrated Harmonization Strategy Project and the Project of Planning High Cost Environmental Investments were conducted on the basis of NES. Taking measures for pollution prevention is among principals the NES (Chapter 3). Furthermore, one of the purposes stated in NES is the determination, prevention and phase out of pollution arising from discharge of hazardous substances to water (Chapter Purposes, Targets and Strategies). In the same section, it is stated that these targets will be reached by the strategy of using cleaner production technologies and advanced treatment technologies (URL 26). 2.3 Other legal documents Development plans The article found in the Eighth Five Year Development Plan (URL 27) which reads as it is essential to provide economic development while preserving human health, ecologic balance, and cultural, historical and aesthetics values defines the boundaries of its environmental policy. Sustainability is a basic approach which is not only used in natural resource use and environment related subjects, but also its use is suggested in many different subjects. Related to cleaner (sustainable) production, in the 1819th article of the plan, it is stated that priority will be given to environment friendly technologies in determination of industry policies and in industry investments, and the producers will be informed and encouraged for environment friendly technologies. The fundamental objective of the plan for the manufacturing production industry is to achieve an industry model, which implies realisation of cleaner (sustainable) production mentality (Article 1135). In a similar manner with the Eighth Five Year Development Plan, the sustainability principal is also a fundamental approach mentioned in many different topics in the Ninth Seven Year Development Plans (URL 28). Many references are made to the significant tools and concepts of cleaner (sustainable) production approach such as sustainable use of natural resources, renewable energy, environmentally sensitive service processes, environment management systems, environment friendly techniques and technologies,

11 256 F. Ulutas et al. reduction of leaks and losses in production and service sectors, increase of raw material usage efficiency, waste reduction, and recovery SME strategy and action plan SME strategy and action plan which is adopted with the decision of High Planning Council dated 10/11/2003 is revised by the steering committee and has been approved on 04/05/2007. The aims of SME strategy and action plan were designated as to determine the basic strategies for SME, to put forth necessary and priority activities in detail evaluating the scope of existing policies and programmes, to express clearly the tasks fall to the parties in the way of achieving the desired objectives, and to create the beam of necessary actions and projects. For the public to become more sensitive to the issues of pollution prevention and protection of natural resources, without harming to the environment the production of the enterprises and products to be preferred issues were highlighted in the Enterprise Development Division (6.2) of the plan. Moreover, in the same section, it is also highlighted that the need for the integration of environmentally sensitive production to the business culture in order to maintain SME s competitiveness, can be achieved with the production compliance with environmental legislation and standards and the minimisation of negative environmental impact using environmental friendly technologies (URL 29) NEAP and Agenda 21 Encouraging clean technologies and clean energy resources is among long-term action issues described in the NEAP the strategic objectives of which are: pollution prevention and reduction facilitate access to basic environmental infrastructure and services promotion of sustainable use of resources support environmentally sustainable practices minimisation of exposure to environmental hazards. Development of an effective environmental management system is the primary priority. Current system is based on the sanction process mechanisms which are not supported by an effective institutional capacity and are not blended with the market mechanisms. Therefore, as problems arise, long-term solutions are not possible. NEAP, to strengthen existing environmental management system, offers to support the short and long-term studies and projects which will a b improve the institutional and legal framework internalise the environmental issues into development planning. The recommendations about the reduction of the amount of hazardous waste and reuse in the report of National Agenda 21 report prepared by MOEF in 2000 are focused on the increasing of the awareness on this issue in the industry and providing technical support

12 A comparative analysis of Turkish and EU environmental legislation 257 to industry. Within this context, it is aimed to strengthen all legal and institutional structures related to the hazardous waste management and in this context minimisation of waste and to ensure compliance to legislation in force with sanction-control mechanism by making a revision in the legislation which regulates the hazardous waste management. As regards waste reduction, on sector basis, it is intended to establish a communication system which provides applications in developed countries and domestic sector to contact with these countries (Ministry of Environment, 2000). 3 Cleaner (sustainable) production in the environmental legislations of EU In the Third Environmental Action Program of the European Community published in 1983, the transition from the pollution control approach to pollution prevention was initiated (Sanalan, 2003). Pollution prevention was strongly emphasised in Integrated Pollution Prevention and Control Directive (IPPC) ( /61/EC). European Commission has adopted a new approach under the title of thematic area Waste Prevention and Recycling in 2005 (URL 30). According to this approach, wastes in waste management will be handled during the entire life cycle. The aim is to create a market for recycled products by increasing the applications of recycling and reuse and thereby to reduce waste production (URL 31). As the first step of this new strategy, the Commission proposed the Directive of Waste Framework 1975 dated, to be revised under topics such as, integration of the life cycle approach to waste management policies, starting of national waste prevention programmes, revival of recycled products market creation efforts, the encouragement of economical instruments such as taxes for the use of landfill sites, and renewal of waste management legislation. While the debate on the revision of the Directive of Waste Framework was continuing in 2006, the EU Environment Council emphasised the importance of considering the concept of waste minimisation and waste prevention in the areas of product development policies, and eco-design of electric household appliances. In February 2007, the European parliament asked for setting binding targets about the giving priority in recycling and reuses applications rather than sending waste to the landfill sites, by the priority given to the waste reduction and waste management hierarchy (URL 32). The main components of the proposed new strategy are life cycle approach, prevention, recovery and simplification of the existing legislation (URL 33). Recently the fundamental approach of the EU environmental legislation includes avoiding wastes before they are formed, and if they cannot be avoided, it includes their recovery and reuse; and if they cannot be recovered and reused, it includes their disposal with appropriate environmental technologies. The concepts of at source reduction, pollution prevention, substitution of chemicals, life cycle, recovery and reuse, which form the basic components of cleaner (sustainable) production concept, are found in many EU legislation. In the meeting held on 10 January 2007, there has been a general evaluation relating to the accession process of Turkey to the EU and the strategy to be followed. The meeting resulted in a decision for the preparation of a comprehensive programme that aims at achievement of harmonisation with the acquis communautaire during the period with a perspective of full membership to the EU.

13 258 F. Ulutas et al. Table 1 Comparison of main EU and Turkish legislation on cleaner (sustainable) production EU legislation Draft Turkish legislation Scope Relevance to cleaner (sustainable) production Reference Integrated Pollution Prevention and Control (IPPC) Directive (96/61/EC) The End-of-life Vehicles (ELV) Directive (2000/53/EC) The Eco-design Directive for Energy-using Products (2005/32/EC) Packaging and Packaging Waste Directive (94/62/EC) The Waste Electrical and Electronic Equipment (WEEE) Directive (2002/96/EC) Implementing Regulation on Integrated Pollution Prevention and Control (Integrated Environmental Permit) Implementing Regulation on Control of End of Life Vehicles Implementing Regulation on Control of the Waste Electric and Electronic Equipment Control of the pollution from major industrial plants with an integrated approach at the source. Regulating detailed rules and principles on recycling and disposal of the end of life vehicles in an environment-friendly way. Certain criteria related to the environmental requirements which have to be considered for design of energy-using products and their supply to the market and service are defined. Harmonising measures concerning the management of packaging and packaging waste in order to prevent any impact on the environment or to reduce such impact, thus providing a high level of environmental protection. Ensuring recycling, recovery and disposal of the waste electric and electronic equipment. This Directive, anticipating prevention of pollution before its control (treatment) and only treatment of the portion which can not be prevented, is the direct counterpart of cleaner (sustainable) production (pollution prevention) concept in the EU environmental legislation. The aspects of recovery and reuse of the parts of end-of-life vehicles and the concept of Extended Producer Responsibility defined in the Directive are directly related to the cleaner (sustainable) production. The energy-using products have to be evaluated with respect to their entire life cycle phases with environmental criteria including reuse, recycling and recovery possibilities of material and/or energy. In the Article 3(4) of this Directive on regulating packaging wastes, the emphasis was made as: reduction of the amount of substances used in packaging and packaging wastes and their impact on environment by the approaches and technologies that would be used in production process, marketing, distribution, usage and disposal phases, displays the connection of this Directive with the cleaner (sustainable) production concept. The liabilities in this Directive encourage producers, during design and production of electrical and electronic equipment, for waste prevention, longer service life, using reusable materials, etc. all of which are tools or strategies of cleaner (sustainable) production. URL 36 URL 37 URL 38 URL 39 URL 40

14 A comparative analysis of Turkish and EU environmental legislation 259 Table 1 Comparison of main EU and Turkish legislation on cleaner (sustainable) production (continued) EU legislation Draft Turkish legislation Scope Relevance to cleaner (sustainable) production Reference Restriction of the Use of Certain Hazardous Substances (RoHS) Directive (2002/95/EC) Registration, Evaluation and Authorization of Chemicals (REACH) Directive (1999/45/EC; 1907/2006/EC) Water Framework Directive (2000/60/EC) Directive on the management of waste from extractive industries (2006/21/EC) Necessary arrangements will be made depending on the outcomes of the project titled The REACH Chemicals-TR under Pre-Accession Financial Assistance 2008 Programme Providing restriction on some of the hazardous substance contents of electrical and electronical equipment. This Regulation lays down provisions on manufacturing, placing on the market or use of substances as it is, in preparations or in articles. Framework Water Law Fulfilment of legislative gaps and correction of complications occurred during implementation Implementing Regulation on Control of Waste from Extractive Industries Setting out the general rules, technical and administrative procedures related to prevention, minimisation, collection, temporary storage, transport and disposal of the excavated soil, topsoil, waste rock, and tailings arising from extraction of the mineral resources in order to prevent or reduce any adverse effects on the environment and on human health. In the Article 4(3) of this Directive, it is anticipated that these hazardous chemicals have to be substituted with their environmentally friendly substitutes. This approach is one of the basic cleaner (sustainable) production tools. The chemical substitution assessment method, which is a cleaner (sustainable) production tools to substitute hazardous chemicals with environmentally sound alternatives, is emphasised in the introduction part (Chapter 72, 73, 74) and the 55, 60 and 61st articles of the REACH Directive and it forms a significant part of this Directive. It brings an integral approach comprising sustainable human activities and sustainable water use (introduction part, Article 3, 5, 13, 16, 18, 23, Chapter 1b, 1e, 4v, 6c, 7), reduction of sources of pollution and the concept of pollution prevention (introduction part, Article 11, 40, Article 1d, 1e, 11h). The concept of pollution preventions is mentioned in several parts of this Directive (introduction part Article 4, 13, 24, 25, 33, Chapter 1, 4.2, 5.2a, 5.3g, 6.3, 10.2, 11.2a, 11.2b, 13.1b and 13.2) and it forms one of the most significant bases of this Directive. URL 41 URL 42 URL 43 URL 44

15 260 F. Ulutas et al. Table 1 Comparison of main EU and Turkish legislation on cleaner (sustainable) production (continued) EU legislation Draft Turkish legislation Scope Relevance to cleaner (sustainable) production Reference Directive on the landfill of waste (1999/31/EC) Directive on the incineration of waste (2000/76/EC) Environmental Impact Assessment (EIA) Directive (85/337/EEC, 97/11/EC) Eco-labeling Directive (1980/2000) Eco-management and Audit Scheme (EMAS) (761/2001) Implementing Regulation on Landfill of Waste Implementing Regulation on Waste Incineration A national legislation already exists (URL 47). Implementing Regulation on Eco-label Legislations regarding Voluntary Participation of Organizations in Community Eco-management and Audit Scheme (EMAS) Prevention or reduction of the adverse effects of waste disposal areas (landfills) on human health, greenhouse effect formation, ground water, surface water and air pollution. Prevention or reduction of the negative environmental impacts of waste incineration, especially the human-health risks posed by pollution of air, soil, surface and groundwater resources. Projects which may have significant impacts on environment have to be subjected to an environmental impact assessment (EIA) before permission is given. To promote environmentally friendly products to contribute to the efficient use of resources and by giving guidance to provide accurate, non-deceptive and scientific information to consumers on such products. Establishment and implementation of Environmental Management Systems by organisations. Evaluation and improvement of the environmental performances of the organisations. The concepts of pollution prevention (introduction part, Article 3, 6, 12, Chapter 1.1, 3.3, 7e) and recovery (Introduction Chapter, Article 3, 17, Chapter 5.1) are significant themes of cleaner (sustainable) production emphasised in this Directive. Before the option of incineration, prevention, recovery and reuse of wastes form basic approaches of this Directive (Introduction Chapter, Article 8, Chapter 4c, 4d, 9). EIA comprises the measures that had to be taken in order to prevent or reduce (Introduction Chapter and Article 5) significant negative impacts which may occur on environment. EIA method is one of the application tools of cleaner (sustainable) production concept. This Directive is one of the most important bases of the EU Sustainable Consumption and Production and Sustainable Industry Policy Action Plan, which is adapted in 2008 by the commission. EMAS being an environmental management system is a direct tool of cleaner (sustainable) production present in the EU legislation. URL 45 URL 46 URL 48 URL 49 URL 50

16 A comparative analysis of Turkish and EU environmental legislation 261 In pursuit of this decision, Turkey s programme for harmonisation with the EU legislation was prepared as including all chapters envisaged to be arranged following the screening process. Legislative measures, secondary legislation, and the main strategy and policy papers required in the relevant section were included in this programme. Furthermore, the institution responsible for and the time schedule relating to the legislation were identified (URL 34). The EU legislation relevant to cleaner (sustainable) production and the corresponding Turkish legislation if it exists in the National Programme of Turkey for the Adoption of the EU Acquis (URL 35) are provided in Table 1. SCP concept is in the form of an umbrella concept where the sustainable consumption processes are related to the production concept (URL 51). Over the recent years, EU has increased its research on this subject and on 16 July 2008 issued its SCP/SIP action plan (URL 52). One of the four main aims of EU sustainable development strategy is protecting the environment. Preventing and reducing environmental pollution and encouraging SCP are the main approaches for not consuming natural resources in an uncontrolled manner and providing a top level environment protection and improvement process (URL 53). The following are the integral parts of EU s SCP Policy: Integrated Product Policy (URL 54) Thematic Strategy on the Sustainable Use of Natural Resources (URL 55) Thematic Strategy on the Prevention and Recycling of Waste (URL 56) Eco-Management and Audit Scheme (URL 57) Eco-labeling Directive (URL 58) Environmental Technologies Action Plan (URL 59) Public Green Purchasing (URL 60) Eco-design of Energy-Using Products (URL 61) Environmental Compliance Assistance Program for SMEs (URL 62). In the SCP context, European Commission stresses the need for studies on resource efficiency, technology, product designs and consumer demands. Life-cycle-based approaches and eco-innovation were proposed as the most important present tools. The priorities established as part of the SCP/SIP action plan can be grouped under three topics. These are more rational consumption, lean production and global action. Despite having Integrated Pollution Prevention for production processes and facilities and having Directives for Emission Trading in EU legislations, European Commission thinks that more encouragement is needed for product-efficient and eco-innovative production processes (European Commission, 2008). 4 Comparison between EU and Turkish legislation on the basis of cleaner (sustainable) production The environmental legislation in Turkey has been significantly developed in years and serious steps have been taken for pursuing the necessities of environmental sustainability.

17 262 F. Ulutas et al. It is clear that the recent harmonisation efforts within the framework of EU integration accelerated these efforts. On the other hand, with the cleaner (sustainable) perspective, it is believed that Turkish legislation has an important potential of development. Therefore, the integration of cleaner (sustainable) production concept which has been the basis of EU environmental legislation over 15 years, into Turkish legislation via the harmonisation studies has a critical importance. When existing EU and Turkish legislation are compared, the most significant difference is that the SCP concept is not addressed Turkish legislation as part of a regulation or a plan/programme. This fact may result in a failure of integrity and interaction in the production-consumption chain and therefore may prevent the internalisation and implementation of Directives about eco-labelling and eco-design which are directly linked to this subject. On the other hand, the implementation of the IPPC Directive has to be started as soon as possible since it makes cleaner (sustainable) production techniques a legal liability. Therefore, informing industry sector about BATs and BREFs and their use, based on the outputs of the projects carried out by MOEF will provide remarkable contribution for the industry that will implement cleaner (sustainable) production processes. Moreover, there are many guides, manuals, toolkits, etc., that help applying the EU Directives such as EMAS, Handbook on Green Public Procurement, EMAS SME Toolkit, etc. (URL 63). These tools must be made available not only from the perspective of adopting the EU Directives but also capacity building on cleaner (sustainable) production strategies. 5 Conclusions When the existing legislation on the subject in Turkey is evaluated, it is observed that the concepts related with cleaner (sustainable) production is frequently cited. Moreover, it is indicated that development of cleaner technologies, approaches, etc., is a need. However, Turkey does have a legislation which directly addresses the cleaner (sustainable) production. Moreover, when the National Programme of Turkey for the Adoption of the EU Acquis (National Programmes of Turkey for the Adoption of the EU Acquis, 2008) is considered, it can be suggested that: Many national regulations, especially with respect to waste management are pretty much harmonised with the EU legislation. Upon adopting the remaining legislation (WEEE, Mining Waste, waste framework and landfill directives) along with efforts for improving the related infrastructure, the harmonisation planned for the period on waste management will be completed. Emphasising cleaner (sustainable) production sufficiently in the Strategic EIA Scheme which is also planned to be adopted for period, will be an important step towards improving the application of this concept.

18 A comparative analysis of Turkish and EU environmental legislation 263 The regulation on Eco-design Requirements of Energy-Using Products is an important regulation which directly related with sustainable production and consumption and life cycle assessment concept. Therefore, its calendar of harmonisation as well as the efforts of establishing the needed infrastructure and capacity building is critical. The eco-label scheme planned to be adopted in post-2011 period is one of the most important regulations that encourages the cleaner (sustainable) production. Its adoption without delay increase enhance the efforts for disseminating the cleaner (sustainable) production nationwide. Similarly, the adoption of the other EU legislation (Environmental Responsibility, REACH, EMAS, Volatile Organic Compounds and Water Framework Directives) which is planned for post-2011 period is critical from the perspective of cleaner (sustainable) production efforts in Turkey. It is of imperative importance to take the SCP action plan of EU as an example. This is critical in terms of taking into consideration all of the integrated parts of this action plan such as eco-labelling and eco-design along with life cycle assessment, the regulations of which are not being adopted yet. It is thought that the concept of cleaner (sustainable) production has to be considered in the context of legislation. Development of a framework legislation similar to the Energy Efficiency Law in our country or the legislation in other countries (URL 64 65) on cleaner (sustainable) production is very important. Such an attempt should have links to all the related legislation. Meanwhile, it is very important to inform our industry about the best available techniques (BAT) and its reference documents (BREF) defined in the EU s IPPC Directive which is being adopted to Turkish legislation. This should be done with active involvement of all the stakeholders through the use BREF s as well as other related sectoral guides, handbooks, etc. References Avsar, E. and Demirer, G.N. (2008) Cleaner production opportunity assessment study in SEKA Balikesir pulp and paper mill, Journal Cleaner Production, Vol. 16, No. 4, pp European Commission (EC) (2008) Communication on the sustainable consumption and production and sustainable industrial policy action plan (2008), COM, Vol. 397, No. 3, pp Glavic, P. and Lukman, R. (2007) Review of sustainability terms and their definitions, Journal of Cleaner Production, Vol. 15, No. 18, pp Ministry of Environment (2000) National Agenda 21, Ankara. Narayanaswamy, V. and Stone, L. (2007) From cleaner production to sustainable production and consumption in Australia and New Zealand: achievements, challenges, and opportunities, Journal of Cleaner Production, Vol. 15, No. 8 9, pp National Programmes of Turkey for the Adoption of the EU Acquis (2008) available at Sanalan, T.A. (2003) A new evolution in the prevention of industrial pollution: IPPC, Environment and Engineer-UCTEAT, Vol. 25, No. 1, pp

19 264 F. Ulutas et al. Science-Technology-Industry Discussion Platform (1999) Cleaner Production-Cleaner Products Environmentally friendly Technologies Working Group Industrial Sector Report, TTGV TUBITAK, Ankara. UNEP (1996) Cleaner production: a training resource package, Industry and Environment, 1st ed., 110 pages. UNEP (2002) Sustainable consumption and cleaner production global status 2002, United Nations Environment Programme Division of Technology, Industry and Economics, ISBN: , Cedex, France. Veleva, V. and Ellenbecker, M. (2001) Indicators of sustainable production: framework and methodology, Journal of Cleaner Production, Vol. 9, No. 6, pp URLs =0&sourceXmlSearch=%C3%A7 evre KIRLILIGI%20KONTROLÜ%20YONETMELIGI.doc 8 sourcexmlsearch=tehlikeli%20maddelerin%20su%20ve%20%c3%87evresinde%20neden %20Oldu%C4%9Fu%20Kirlili%C4%9Fin%20Kontrol%C3%BC%20Y%C3%B6netmeli%C4 %9Fi 9 sourcexmlsearch=at%c4%b1k%20y%c3%b6netimi%20genel%20esaslar%c4%b1na%2 0%C4%B0li%C5%9Fkin%20Y%C3%B6netmelik ATIKLARIN%20KONTROL%20YON%20DEGISIKLIK%20ILAVE.doc (accessed on 22 March 2010) ATIKLARIN%20KONTROLÜ%20YON.doc 12 KYAG.doc 13 sourcexmlsearch=bitkisel%20at%c4%b1k%20ya%c4%9flar%c4%b1n%20kontrol%c3 %BC%20Y%C3%B6netmeli%C4%9Fi 14 UMULATOR.doc 15 sourcexmlsearch=ambalaj%20at%c4%b1klar%c4%b1n%c4%b1n%20kontrol%c3%bc %20Y%C3%B6netmeli%C4%9Fi 16 sourcexmlsearch=tehlikeli%20kimyasallar%20y%c3%b6netmeli%c4%9fi (accessed on 22 March 2010)

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