AMENDMENT OF THE ZERO WASTE REGULATION

The Amending Regulation on the Zero Waste Regulation (in Turkish, “Sıfır Atık Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik”) (hereinafter referred to as the “Amending Regulation”) has been published in the Official Gazette numbered 31623 on 9 October 2021 and entered into force as of the same date.

A Brief Background Information on Zero Waste Regulation

The Zero Waste Regulation (”Regulation”) (in Turkish, “Sıfır Atık Yönetmeliği”) was published in the Official Gazette dated 12 July 2019 and numbered 30829. The Regulation stipulates the principles and procedures of zero waste management system to be established by the enterprises and industrial plants, notably, by organized industrial zones, educational institutions, healthcare organizations, chain markets, accommodation facilities, business centers, commercial plazas, shopping malls and airports, local administrations and public institutions; as well as the principles and procedures of zero waste certificate to be issued for those who are required to establish zero waste management system.

What Does the Amending Regulation Bring?

The Amending Regulation brings significant amendments to the Zero Waste Regulation concerning the zero-waste management system and zero waste certificate in relation to business centers, shopping malls, free zones, laboratories, environment consultancy service providers, occupational organizations, institutions having legal personality (in Turkish, “Tüzel kişiliğe sahip kuruluşlar”), including companies with more than 50 employees and law firms.

1. Zero Waste Management System (“System”)

In addition to those that are currently required to establish the Zero Waste Management  System which refers to the management system established by taking into account the cost and benefit factors, including all the processes of waste reduction, separate accumulation at the source, temporary storage, separate collection, transportation and processing, starting with the prevention of waste generation(in Turkish, “Sıfır Atık Yönetimi Sistemi: Atık oluşumunun önlenmesinden başlayarak, atıkların azaltılması, kaynağında ayrı biriktirilmesi, geçici depolanması, ayrı toplanması, taşınması ve işlenmesi süreçlerinin hepsini içine alan, fayda ve maliyet unsurları göz önünde bulundurularak oluşturulan yönetim sistemini ifade eder”) is expanded and categorized as groups, as follows:

Group 3 consists of the following and is required to move into the System until 31 December 2021:

• Shopping Malls (with an area of 1,000 up to 4,999 square meters)
• Business Centers and Commercial Plazas (with 100 or more employees)
• Train and Bus Terminals
• Industrial Facilities within the scope of the Environmental Impact Assessment Regulation (in Turkish “ÇED Yönetmeliği”)
• Educational Institutions and Dormitories (with 50 up to 249 students)
• Room Accommodation Facilities (with a capacity of 50 to 99 rooms)
• Health Institutions (with a capacity of 50 up to 99 bed)
• Free Zones, Industrial Estates

Group 4 consists of the following and is required to move into the System until 31 December 2022:

• Shopping Malls (with an area of less than 1,000 square meters)
• Business Centers and Commercial Plazas (with less than 100 employees)
• Educational Institutions and Dormitories (with less than 50 students)
• Room Accommodation Facilities (with a capacity of less than 50 rooms)
• Health Institutions (with a capacity of less than 50 bed)
• Laboratories, Law Firms, Associations, Cooperatives, Environmental Consulting Firms and Professional Organizations, Legal Entities (companies with more than 50 employees) (Kindly note that Legal Entities with less than 50 employees are not legally obliged to obtain zero waste certificate but they may nevertheless apply on a voluntarily basis, at any time)
• Cafeterias and Restaurants (with an area of more than 400 square meters)
• Courier Companies, its distribution centers and branches
• Companies selling packaged products, its distribution centers and branches

Kindly note that in places with a common management, such as shopping malls and business centers, the zero-waste management system shall be established by the building management to cover all institutions, organizations and enterprises within the building, and implemented simultaneously. All institutions, organizations and enterprises are required to be included to the system.

2. Zero Waste Certificate
Zero waste certificate is obtained by the buildings which establish and carry out zero waste management system in order to certify such operation.

The certificate is categorized in four levels: basic level zero certificate (in Turkish, “temel sıfır atık belgesi”), silver level zero certificate (in Turkish, “gümüş sıfıt atık belgesi”), gold level zero ceritificate (in Turkish, “altın sıfır atık belgesi”) and platinum level zero certificate (in Turkish, “plating sıfır atık belgesi”). In accordance with the Article 16 of the Regulation, the above listed Group 3 and Group 4 are obliged to obtain a basic level zero waste certificate in the first stage.

Kindly note that for places with a common management, a single zero waste certificate shall be issued to cover all the institutions, organizations and enterprises within the building. However, institutions, organizations and enterprises within organized industrial zones and airports may apply for individual certificate upon request.

Besides, as per Zero Waste Regulation Article 16/4, the zero waste certificate to be obtained by the building management shall cover all the offices within, and therefore such offices shall not be required to obtain a separate zero waste certificate.

Among the places which already hold a basic level zero waste certificate; organized industrial zones, shopping malls, airports, ports, enterprises with an accommodation capacity of 250 rooms or more, chain markets and universities are obliged to obtain silver, gold or platinum zero waste certificate.

3. Liabilities of the Building Managements Establishing Zero Waste Management System
As per the Article 10 of the Zero Waste Regulation, the liabilities to be complied with by the building managements when operating the zero-waste management system are as follows, including but not limited to;

1. Registering in the Zero Waste Information System and recording the information and documents requested in relation to its activities within the scope of this Regulation,
2. Encouraging all individuals and organizations within their areas of responsibility to sort their wastes according to their types and to collect them separately,
3. Ensuring the prevention/reduction of waste generation by carrying out required implementations,
4. Establishing the infrastructure for the separate accumulation and temporary storage of source-separated wastes without mixing with each other, and providing the necessary accumulation equipment such as containers,
5. Carrying out the necessary transactions in line with the guide prepared by the Ministry of Environment and Urbanization for the establishment, operation and monitoring of the zero-waste management system and integrating the existing waste management services into this system,
6. Announcing the establishment of zero waste management system to all individuals and organizations in its area of responsibility, ensuring that the wastes are accumulated in line with the established system,
7. Carrying out awareness expanding and training activities for the dissemination of the zero-waste management system and to contribute and participate in the activities organized within this scope,
8. Registering in the Zero Waste Information System and recording the information and documents requested in relation to its activities within the scope of this Regulation,
9. Reporting the monthly information about the wastes accumulated within the system through the Zero Waste Information System until the 15^th of the following month, completing the data controls of the previous year’s information until the end of March every year, and preserving the information and documents that are the basis for the notification.

4. Criteria for Establishing Zero Waste Management System
The criteria that shall be valid for the building management and all offices, institutions, organizations and enterprises within the building which are in scope of the zero-waste management system are as follows:

1. Accumulation of non-hazardous recyclable paper, glass, metal, plastic wastes separately from other wastes.
2. Accumulation of waste batteries, waste vegetable oil, waste electronic equipment and other recyclable wastes separately.
3. Accumulation of other non-hazardous and hazardous wastes and medical wastes unmentioned above in the 1st and 2nd criteria in accordance with the relevant legislation.
4. Separate accumulation of biodegradable wastes at places where they are intensively formed, such as cafeterias, food preparation or food service areas.
5. Compliance with color criteria and use of informative signs or texts specific to waste on accumulation equipment.
6. All accumulation equipment shall be in volume, quantity and features in accordance with the requirements and the criteria specified in the relevant legislation.
7. Collection of the accumulated waste in the temporary storage area to be delivered to the collection system of the relevant administration and/or authorized and/or environmental licensed waste processing facilities.
8. Providing necessary informative trainings on the zero-waste management system.
9. Availability of permit and/or environmental permits/licenses that is obliged to be obtained in accordance with the Environmental Law and other legislation prepared within the scope of the said Law.
10. As for the sales points which sell the products in scope of deposit; participation and implementation of the deposit management system, the principles of which are determined by the Ministry, in order to accept the return of the products returned by the consumers and to collect them.

Applications for basic level zero waste certificate are lodged through ”zero waste information system” which is an online system established by Ministry of Environment and Urbanization. It is compulsory to provide the requested information and documents through this system. The applications are assessed by Provincial Directorate of Environment and Urbanization and any deficit information are notified to the applicant. Deficit details must be completed within thirty calendar days. Otherwise, the application shall be rejected.

The validity period of the zero-waste certificate is 5 (five) years. The places, where it is obligatory to obtain the certificate, the applicant may apply for the renewal of the certificate three months before the validity period of the certificate expires and whereby the process starts again. The amount to be paid for issuing zero waste certificate, increasing the level, renewal and updating is determined by Ministry of Environment and Urbanization every year.

Our Law Firm remains at your disposal for any further clarifications you may need.