Regulation On The Management Of Industrial Emissions- Key Provisions And Compliance Framework

The Regulation on the Management of Industrial Emissions ("Regulation") published in the Official Gazette dated 14 January 2025 and numbered 32782 establishes the procedures and principles governing the prevention or reduction of pollution arising from industrial activities. Although enacted, the Regulation will enter into force on 1 December 2025, and operators are expected to assess compliance obligations and prepare implementation plans in advance of this effective date. The Regulation aligns Türkiye's regulatory framework with the European Union's Industrial Emissions Directive and introduces obligations based on Best Available Techniques ("BAT"), imposing a structured and integrated approach to environmental permitting and performance evaluation across multiple industrial sectors.

1. Scope of Application

The Regulation applies to facilities operating in a wide range of industrial sectors, including but not limited to:

• Energy generation facilities with a nominal thermal combustion capacity of 50 MW or above
• Petroleum and petroleum product processing and gas refining facilities
• Coke production facilities, gasification and pyrolysis facilities
• Metal production and processing facilities
• Mineral production and processing facilities
• Chemical facilities
• Treatment, recycling, recovery and waste disposal facilities
• Paper industry
• Leather processing facilities
• Textile facilities and facilities carrying out activities using textile products
• Livestock production facilities
• Facilities conducting surface treatment activities using organic solvents

2. Purpose of the Regulation

The Regulation has been prepared by the Ministry of Environment, Urbanisation and Climate Change pursuant to the Environmental Law No. 2872 and Presidential Decree No. 1 on Presidential Organisation. The primary objective is to establish an integrated system aiming to prevent or minimise environmental impacts, safeguard human health, ensure

efficient resource use, and support decarbonisation, circular economy and green transition policies.

3. Alignment with the EU Industrial Emissions Directive

The Regulation is designed in alignment with Directive 2010/75/EU of the European Union, which constitutes the main legislative framework for large industrial facilities in the EU. The Directive mandates compliance with BAT references, and similarly, the Regulation introduces BAT-based obligations into the national regulatory structure. Accordingly, environmental permitting, performance monitoring and technical assessments shall be carried out by taking BAT conclusions as binding references.

4. Sectoral Competency Document (SCD) Requirement

Facilities that were in operation or had submitted an environmental impact assessment application as of the effective date of the Regulation, as well as facilities required to obtain a Sectoral Competency Document ("SCD"), must submit the information and documents requested under the Regulation to the Ministry within a maximum period of ninety days following the issuance of environmental permits and licences.

Facilities operating as of the effective date are required to obtain at least Level F SCD by 31 December 2028 and at least Level D SCD by 31 December 2030.

5. Regulatory Background of the SCD

Prior to the introduction of the SCD obligation, environmental compliance was demonstrated through separate documentation including Environmental Permit and Licence certificates, Emission Permit and Measurement Reports, Environmental Impact Assessment Reports, and sector-specific technical reports. The SCD consolidates these obligations into a single harmonised documentation process and establishes BAT compliance as a central criterion. The structure of the SCD has been designed in alignment with EU Directive standards and the Environmental Permit and Licence Regulation, suggesting that the SCD will function as the primary reference document for environmental compliance following 2025.

6. Significance of the SCD for Investment Planning

Environmental permitting and risk evaluations serve as core reference documents for investment decisions and play a critical role in commercial, legal and financial assessments. The SCD, which centralises environmental compliance obligations, is expected to become a key document for operators in assessing regulatory risk, technical feasibility and long-term compliance planning.

7. General Binding Rules

Article 13 of the Regulation stipulates that general binding rules shall apply to the activities listed under Annex-1 as a prerequisite for obtaining the SCD. The general binding rules were introduced to determine the requirements of the SCD and are set forth under the Regulation on Environmental Permits and Licences published in the Official Gazette dated 10 September 2014 and numbered 29115, which specifies the emission limit values and other conditions within its scope.

8. By Way of Conclusion

The Regulation covers major combustion facilities, refineries, cement and lime plants, metal and steel production, chemical industry, waste incineration facilities, paper sector, textile sector, food industry and large-scale livestock production facilities. It represents the principal legal framework aligned with the EU Industrial Emissions Directive, designed to control industrial environmental impacts through an integrated system. As of 1 December 2025, the SCD is expected to serve as the main reference document for environmental compliance.

Centred on BAT implementation and structured within the framework of the Environmental Law and the Environmental Permit and Licence Regulation, the Regulation is anticipated to play a critical role in environmental compliance. Legal and regulatory developments prior to and following its entry into force will continue to be monitored.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.