EIA (ÇED) Regulation Changes: What Should Businesses Do?
Why Do Changes to the ÇED Regulation Matter to You?
Changes to the ÇED Yönetmeliği (Environmental Impact Assessment Regulation, referred to below as the ÇED Regulation) directly concern any business planning a new investment, or considering a capacity increase, a process change or a relocation at an existing facility. This article explains to investors, facility managers and project owners where to follow an amendment once it is published, how to reassess a project, and what preparations need to be made.
The aim is not to memorise the details of a single amendment, but to offer a sound checking method that can be applied every time the legislation is updated.
What Is the ÇED Regulation and Which Businesses Do the Changes Cover?
The ÇED Regulation is the core legislation that determines which assessment process a project likely to affect the environment must go through, how the application is made, and after which stages a decision is issued. The lists annexed to the Regulation classify projects by type and capacity: some are subject to the full ÇED process directly, while others go through a screening process based on a Proje Tanıtım Dosyası (Project Introduction File). Projects that do not appear on the lists, or that fall below the thresholds, may be considered out of scope.
The Regulation and its annexes are amended from time to time. Changes may affect areas such as the lists and threshold values, application and review steps, file formats, the public participation process, monitoring and control obligations, and transitional provisions. For this reason, the fact that a project was considered out of scope in the past does not mean it still is today; the reverse is also true.
The changes are particularly relevant to:
Businesses planning a new investment that have already started preparing land, financing or permits
Those planning a capacity increase, a new unit or a process change at an existing facility
Project owners with an ongoing ÇED application or Project Introduction File process
Those who have previously received a "ÇED Olumlu" (EIA Positive) or "ÇED Gerekli Değildir" (EIA Not Required) decision but have not yet started the investment
Facilities with ongoing obligations to comply with and monitor the commitments in their ÇED decision
What Should You Do, Step by Step, When the Legislation Changes?
When an amendment is published, the first task is to read the text from the official source and to clarify which stage your project is at. The following steps can then be followed in order.
1. Follow the amendment from the official source
Amendments to the Regulation are published in the Resmî Gazete (Official Gazette); the current consolidated version of the Regulation can be accessed via the Mevzuat Bilgi Sistemi (Legislation Information System). Summaries on news sites can be useful as a first source of information, but only the official text should be relied on when making decisions.
2. Read the entry-into-force and transitional provisions
When an amendment enters into force and how it applies to ongoing applications are usually set out in the transitional provisions. If you have a file in progress, this section is the first thing that determines whether it will proceed under the old or the new provisions.
3. Recheck where your project stands on the lists
Compare your project's type, capacity and location against the current annex lists again. A small change to a threshold value, a definition or the scope can change whether a project is assessed under the full ÇED process, screening or as out of scope. For capacity increases, you should also check whether the existing and the additional capacity are to be assessed together.
4. Adapt your files and documents to the current format
The content of application files is prepared according to formats set by the Ministry, and these formats can also be updated. If a file is still being prepared, check whether the section headings, the required annexes and technical information such as maps and coordinates meet current expectations.
5. Confirm with the competent authority
Where differences of interpretation may arise, the safest course is to obtain an opinion from the Çevre, Şehircilik ve İklim Değişikliği İl Müdürlüğü (Provincial Directorate of Environment, Urbanisation and Climate Change) or from the Ministry. A written opinion also strengthens the business's position in any future inspections.
6. Review your commitments and monitoring plan
Facilities that have received a ÇED decision should examine whether there has been any change to their monitoring and control obligations. You can find detailed guidance on preparing for inspections in our article "The ÇED Monitoring and Control Process: A Guide to Preparing for Inspections".
Post-Amendment Checklist
To assess your project properly after an amendment, you need to have the following information and documents up to date and to hand:
A full description of the project, its production or service capacity and the technology to be used
Location information with coordinates, the zoning status and title deed or right-of-use documents
Any previous ÇED decision, Project Introduction File and out-of-scope letter
If a capacity increase or change is planned, a comparison of the current and planned situation
The facility's other environmental permit and licence documents, and its registration details in UÇBS (Ulusal Çevre Bilgi Sistemi, the National Environmental Information System)
The commitments made in the ÇED decision and the records showing they have been implemented
The investment timetable: when construction or operations will begin
The date the amendment entered into force and the stage your file was at on that date
This list saves time in discussions with both your consultant and the relevant authority, and reduces the risk of your file being returned because of missing documents.
Common Mistakes and Points to Watch
The way to avoid problems during periods of change is to recognise early how an amendment affects your project. The mistakes most often encountered in practice, and the points to watch, are as follows:
Increasing capacity on the basis of an old decision: A decision or out-of-scope letter obtained in the past does not automatically cover a later capacity increase. Changes made at an existing facility may require a new assessment.
Starting work before the process is complete: Under the legislation in force, permits and licences relating to the project cannot be granted, and the investment cannot begin, until the ÇED process has concluded. The situation should be clarified before any preparatory work starts.
Not tracking the validity conditions of the decision: ÇED decisions may lose their validity if the investment does not begin within a certain period. This period and its conditions are set out in the Regulation in force and should be checked whenever it is amended.
Relying on second-hand summaries: Social media posts or short news items may leave out exceptions and transitional provisions. The official text should always be the basis.
Leaving commitments on paper: The commitments made in a ÇED decision are also inspected during the operational period. Records showing their implementation need to be kept regularly.
Treating ÇED in isolation: A ÇED decision does not replace other processes such as the environmental permit, waste management obligations or the business licence. It is worth reviewing these processes too when an amendment is made.
Notes for Businesses in Antalya
Because tourism, agriculture, industry, mining and energy investments exist side by side in Antalya, a change to the ÇED Regulation can affect several sectors in the region at the same time. The following situations in particular require attention:
Tourism: Increases in bed capacity at accommodation facilities, the addition of new blocks or works in areas close to the coast should be reassessed against the current lists.
Agriculture and livestock: Large-scale livestock facilities, agricultural produce processing and packaging facilities, and irrigation projects may appear on the Regulation's lists.
Industry and mining: Facilities in organised industrial zones, quarries and crushing-screening plants should be monitored in terms of capacity and location.
Energy and construction: Solar power plants and large-scale residential and commercial projects may be subject to assessment depending on their capacity and site area.
The region also contains sensitive areas such as protected areas and sites close to the coast, forests and water resources. A project's proximity to such areas can affect the scope of the assessment and the level of detail required. You can read how we carry out this assessment for projects in Antalya on our ÇED consultancy service page; if you would like to know how an application progresses from start to finish, you may also want to read our article "How to Obtain a ÇED Report: A Step-by-Step Guide for Antalya".
Frequently Asked Questions
Will my ongoing application be affected if the ÇED Regulation changes?
It may be; this depends on the amendment's transitional provisions. Some amendments allow ongoing files to be concluded under the old provisions, while others may require the new provisions to be applied. The stage your file is at needs to be assessed together with the transitional provision.
I previously received a "ÇED Gerekli Değildir" (EIA Not Required) decision. Do I need to reapply for a capacity increase?
A capacity increase or process change may require a new assessment. What matters is where the total capacity after the increase stands against the current threshold values, and the nature of the change. It is advisable to confirm with the Provincial Directorate before starting the investment.
Where can I find the current version of the ÇED Regulation?
The consolidated text in the Mevzuat Bilgi Sistemi shows the current version of the Regulation, while the amendments themselves are published in the Resmî Gazete. The Ministry's website also contains announcements and formats relating to ÇED processes.
How can I find out whether my project falls within the scope of ÇED?
An initial assessment is made by comparing the project's type, capacity and location against the lists in the Regulation's annexes. For projects that do not appear on the lists or that fall below the thresholds, an out-of-scope opinion can be obtained from the relevant authority. Where interpretation is needed, expert support speeds up the process.
Contact Us
To clarify where your project stands under the current ÇED Regulation, you can get in touch with Asel Çevre Danışmanlık; let us review your file together.
Written by Okan Nas, Environmental Engineer, Asel Çevre Danışmanlık.
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