The Regulation on the Amendment to the Environmental Impact Assessment Regulation (“Amendment Regulation”), published in the Official Gazette No. 33187 dated 5 March 2026, represents a significant transformation of investment procedures and environmental legislation in Türkiye. The Ministry of Environment, Urbanization and Climate Change (“Ministry”) enacted the regulation, which introduces a series of innovations, encompassing both bureaucratic terminology and capacity thresholds.
Within the scope of the Amendment Regulation, the most significant changes that investors, associates and company and/or business owners should be aware of are detailed below.
1. Fundamental Change in Terminology: The Phrase “EIA Is Not Required” Has Been Removed
The decision titled “EIA Is Not Required”, a type of EIA determination issued for activities listed in Annex-2 of the Environmental Impact Assessment Regulation (“EIA Regulation”), confirmed that the investor could proceed with the project without causing environmental harm and enabled the continuation of relevant legal procedures. Under the Amendment Regulation, the decision type “EIA Is Not Required” has been removed from the regulatory terminology. Following the Amendment Regulation, two (2) main decision mechanisms will apply to projects:
• EIA Positive: Cases in which the environmental impacts of the project are deemed acceptable level and its implementation does not cause environmental harm.
• EIA Report Must Be Prepared: Cases in which the project required a more detailed environmental assessment.
2. Updated Annex-1 and Annex-2 Project Lists
The Amendment Regulation further introduces substantial updates to sector-specific capacity thresholds. In particular, for heavy industrial investments with significant environmental impacts and for renewable energy investments, these revised thresholds will serve as the primary determinants of the applicable procedural requirements.
TABLE 1: New EIA Thresholds in Critical Sectors
| Sector / Project Type | Ek-1 (Direct EIA Report) | Ek-2 (Subject to Preliminary Review) |
| Land-based SPP (Solar) | 25 Hectares and above | Between 7.5 Hectares – 25 Hectares |
| Floating SPP | 2 Hectares and above | Below 2 Hectares |
| Wind Energy (WPP) | - | 1 turbine and above |
| Open-pit Mining Operations | 25 Hectares and above | Areas below 25 Hectares |
| Crushing-Screening Plants | 400,000 tons/year and above | Below 400,000 tons/year |
| Wastewater Treatment | 50,000 m³/day and above | 30,000 m³/day and above |
| Tomato Paste / Sauce Production | 25,000 tons/year and above | Below 25,000 tons/year |
| Shipbreaking | All facilities (Annex-1) | - |
3. "Calendar Day" in Processes and Audit Sensitivity
Under the new arrangements introduced by the EIA Regulation, time periods are now calculated on a “calendar day” basis rather than business days, in order to eliminate procedural uncertainties. Within this framework, thirty (30) calendar days are granted for the completion of deficiencies, and the report submission period is set at one (1) year; with an additional extension of up to one hundred and eighty (180) days available if necessary. Furthermore, to enhance monitoring and regulatory sensitivity, the submission of the “Project Progress Report”, detailing the activities of the investment during the construction phase, at intervals by the commission, has been made a legal obligation.
4. Project Progress Report and Monitoring
Under the newly introduced definition of the “Project Progress Report,” once an “EIA Positive” decision has been issued, developments during the initial construction phase of the investment must be reported to the Ministry at the intervals determined by the commission. This requirement demonstrates that environmental commitments will not remain merely on paper but will be closely monitored during the construction phase as well.
While the Amendment Regulation aims to render processes more digital and efficient, including through the online E-ÇED System, any incorrect notifications or non-compliance with the specified deadlines may result in the full cancellation of the project and cessation of the procedure. In cases involving revision applications, transfer procedures, or capacity increases, the engagement of professionals with expertise in the current legislation is essential to ensure proper cost management.
Frequently Asked Questions (“FAQ”)
1) What will happen to old projects that already have an “EIA Not Required” decision?
Pursuant to Provisional Article 1 of the Regulation, for decisions obtained prior to 19 July 2025 and still in force, the “EIA Positive” provisions in the new regulation shall apply. In other words, acquired rights are preserved; while monitoring and oversight processes will be governed by rules introduced under the Amendment Regulation.2) What happens if we do not attend the public participation meeting?
Under the Amendment Regulation, if the project owner or the authorized institution fails to attend the meeting on two (2) consecutive occasions, the Ministry may terminate the EIA process outright. This situation may result in significant time and cost losses for the investment.3) What should be done if the project owner changes?
EIA decisions (EIA Positive or the former “EIA Is Not Required” decision) are issued for the project or facility, while legal responsibility rests with the legal entity (company) executing the project. In the event of a name or title change, the new owner must, within ninety (90) calendar days following the completion of the transfer process, submit an application to the Provincial Directorate accompanied by a letter of commitment, signature circular, and trade registry gazette. Otherwise, existing permits and responsibilities may be at risk. Otherwise, existing permits and responsibilities may be put at risk.4) Are rooftop solar systems subject to EIA in SPP projects?
No. As stated in both the Annex-1 and Annex-2 lists, rooftop and facade-type solar energy systems are exempt from the area calculations within the scope of the Regulation.5) If I expand the area of my existing facility, will an EIA be required?
Even in the absence of a capacity increase, if a spatial revision is planned, an application must be submitted along with payment of the “Project Revision Application Fee.” Depending on the scope and nature of the revision, the Ministry may require the initiation of a new EIA process and a reassessment from the outset.Conclusion and Our Recommendations
The Amendment Regulation, aligned with current environmental priorities, enhances environmental sensitivity, while providing investors with a clearer and more detailed procedural roadmap. Nonetheless, the complexity of technical thresholds and the scope of projects classified as “exempt” make it imperative to secure professional guidance in Compliance and Regulatory Law.To prevent suspension of investments, avoid procedural interruptions, and mitigate the risk of administrative sanctions, it is recommended that you verify your status within the updated project lists.
For inquiries regarding the EIA Regulation amendment and the legal compliance obligations associated with your facility’s EIA Positive report, you may contact NPartners.
