The “EIA Not Required” Decision Will No Longer Be Issued: Significant Amendments to the Environmental Impact Assessment Regulation 

The Regulation Amending the Environmental Impact Assessment (“EIA”) Regulation, published in the Official Gazette dated March 5, 2026, introduced several significant amendments to the EIA Regulation. The amendments particularly stand out in terms of the revision of EIA terminology, the digitalization of the process, and the updates made to Annex-1, which specifies projects subject to the full EIA process, and Annex-2, which defines the scope of projects subject to the preliminary review (Project Presentation File) process. 

- The “EIA Not Required” Decision Will No Longer Be Issued

One of the most notable changes is the removal of the provisions concerning the cases where an “EIA Not Required” decision would be issued. Under the new systemfor projects deemed to be acceptable in terms of environmental impacts following the preliminary review (Project Presentation File), instead of “EIA Not Required,” a direct “EIA Positive” decision will now be issued. Where the assessment indicates that the environmental impacts of a project require further examination, an “EIA Report Required” decision will be issued and full EIA process will have to be initiated. 

- Online EIA Process Management System

With the amendment to the Regulation, the use of the Online EIA Process Management System, which enables the electronic handling of applications, assessments, and document flows within the EIA process, has been further emphasized. The amendment provides for various actions to be carried out through the system, including the uploading of site inspection and evaluation minutes, the submission of opinions by commission member institutions and organizations, the uploading of the special format and the related receipt, and the submission of the EIA reportAccordingly, the provisions governing the conduct of numerous documents and procedures within the EIA process through the Online EIA Process Management System have been strengthened through explicit regulations, resulting in a significant portion of the process being integrated into the online system. 

- Other Amendments

Certain timeframes set out in the EIA Regulation have been revised. In this context, time limits previously expressed in “months,” which could create uncertainties in practice, have been replaced with more clearly defined “calendar days.”

The amendments are not limited to procedural aspects. Certain project types and capacity thresholds listed under Annex-1 and Annex-2 have also been updated. In particular, the scope of various activities across sectors such as energy, mining, waste management, chemical production, food production, livestock, and infrastructure has been reshaped, with capacity thresholds redefined and lowered in some cases, while some new project types being introduced for the first time. As a result, the scope of the EIA regime has been expanded in certain sectors, and a greater number of projects are now subject to environmental impact assessment. 

Finally, an addition to Provisional Article 1 clarifies that EIA procedures initiated and decisions issued prior to the entry into force of the amendments will remain valid. 

The amendments entered into force on the date of publication in the Official Gazette, on March 5, 2026.