Why possession of a document is not enough
Environmental risks in Türkiye are not eliminated merely because a company holds a permit. Environmental permits and licences must be based on the correct activity and capacity, cover the facility in its current form, be issued to the actual operator and be implemented in accordance with the operating conditions stated in their annexes.
Comparing the permit with actual operations
A company’s statement that its environmental permits are complete is therefore insufficient. It must be verified against the permit file, capacity report, process flow diagram, machinery and stack lists, production records and, where necessary, an on-site inspection. In Türkiye, the central permitting risk often arises from a discrepancy between the documentary position and the facility as actually operated.
The approach of the Turkish Council of State
In its judgment of 4 March 2021 (Sixth Chamber, E. 2019/12566, K. 2021/3153), the Turkish Council of State upheld an administrative fine imposed on a facility that was subject to an environmental permit requirement but operated without the necessary document. In its judgment of 18 February 2021 (Sixth Chamber, E. 2019/13500, K. 2021/2126), it stressed that whether a facility falls within the permitting regime must be established beyond doubt through concrete capacity data.
Legal consequences
An incorrect permitting scope or a discrepancy between the documentation and the facility as actually operated may lead to administrative fines, reassessment or cancellation of the permit, and partial or complete suspension of operations. Environmental harm may additionally trigger remediation and compensation duties and, where the elements of an offence are met, criminal investigations. The decisive question is therefore whether the existing permit covers the activity, capacity, processes, emission and discharge points and actual operator of the facility today.
Legal sources
Turkish Environmental Law No. 2872
Turkish Regulation on Environmental Permits and Licences
Turkish Council of State, Sixth Chamber, E. 2019/12566, K. 2021/3153
Turkish Council of State, Sixth Chamber, E. 2019/13500, K. 2021/2126