Article 80: An Article which makes up a whole new Act (No. 6745)

On 20 August 2016, the Turkish parliament passed Law No. 6745 which is a “bag law” covering many issues related to investments. Article 80 of the law has raised serious concern among the public and is specifically protested by many environmentalists. This article will potentially lead to exemptions from licences, permissions and appropriations to projects deemed as strategic investments. Environmental NGOs are concerned that Article 80 will ease up the process of Environmental Impact Assessment.

This new Article aims to speed up the assessment processes that large scale and strategic investments go through, limits the parliament’s responsibilities and  lets the cabinet take over the parliament’s responsibilities and power over the approval process. Furthermore, the article authorizes the cabinet to eliminate assesment processes when necessary.

The article includes incentives that cover reduction or even elimination of payment of income tax, and customs tax, also reduction or elimination of interests for investment credits and grants for staff wages.

All of the above mentioned issues in the newly introduced Article 80 in Act No. 6745 raise concerns about the negative impact of new investments to the environmental assessment processes and elimination of necessary authorizations with the consent of the cabinet. Team in TEMA Foundation closely observes and monitors the updates regarding this new law with concerns.