Turkey has changed its legislative procedures for preparing regulations. A full regulatory impact assessment is required if the probably annual pecuniary effects of a Draft Law or Decree Law are more than TRY 30 million. A partial assessment is required for draft legislation which falls below this threshold. Previously, the threshold was set at TRY 10 million and the Prime Ministry had discretion regarding whether an impact assessment was required for drafts below this threshold.

The Amendment Regulation on the Regulation on Principles and Procedures of Preparing a Regulation of Council of Ministers Decision No: 2016/8590 (“Amendment Regulation”), was published in Official Gazette number 28658 on 19 March 2016.

The Prime Ministry can adjust the TRY 30 million threshold, if it considers necessary.

The Amendment Regulation introduces the concept of a partial regulatory impact assessment for the first time, including detailed provisions.

By comparison to a partial assessment, the full regulatory impact assessment includes more detailed consideration of:

  • Probable benefits and costs.
  • Social, economic, commercial, environmental effects of the regulation and its effects on relevant sectors.
  • Consultation and consideration process

Article 24 of the Regulation on Principles and Procedures of Preparing a Regulation has been amended to include procedures for regulatory impact assessment. Consequently, Annex 1 of the Regulation is annulled.

Please see the link for the full text of the Amendment Regulation (only available in Turkish).

Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.