Serap Öztürk Explained the Green Transformation Process in the Plastics Industry

GREEN TRANSITION IN THE PLASTICS INDUSTRY

A NEW ERA ON THE AXIS OF CARBON REGULATION AND ADMINISTRATIVE LAW

The European Union's Carbon Border Adjustment Mechanism (CBAM) and the National Emissions Trading System (ETS) that Turkey aims to establish are initiating a new era in the plastics industry not only environmentally, but also legally, economically, and administratively. Food Engineer Serap Öztürk examines how the green transformation process is shaped around the state's regulatory power, carbon management, and administrative sanctions, while comprehensively evaluating the risks, compliance strategies, and global competition opportunities for plastics industrialists.

Serap ÖZTÜRK 

Food Engineer

District Director of Agriculture and Forestry of Beyoğlu

Global climate policies and the European Union's Carbon Border Adjustment Mechanism (CBAM) have gone beyond being merely commercial norms, giving birth to a new Administrative Law paradigm based on the sovereign powers of states. Turkey's National Emissions Trading System (ETS) and carbon taxation processes, which will be implemented to preserve its position in global competition, are not just a financial obligation for the plastics industry, but a public regulation period that will fundamentally change the state-manufacturer relationship.

This article addresses the administrative dimension of the green transformation, the nature of "administrative action" in the allocation of carbon quotas, and the management of sanctions such as administrative fines and suspension of operations in case of exceeding emission limits. The article offers a visionary roadmap on how plastics industrialists can manage administrative disputes with a preventive legal logic, how they can benefit from public incentive mechanisms, and how they can turn the state's regulatory role into a global advantage rather than a threat of punishment.

THE REGULATORY ROLE OF THE STATE IN GREEN TRANSITION AND THE NEW ADMINISTRATIVE PARADIGM

The fight against the climate crisis, which has become the most dynamic global agenda of the twenty-first century, is no longer just an environmental sensitivity or a corporate social responsibility project. Today, green transformation is one of the most fundamental elements of international trade, production, and regulatory areas based on the sovereign authorities of states. Although the concept of sustainability was perceived for a long time as a voluntary modernization process for industrial branches, at the point reached, it has become a legal obligation within the scope of the state's duty to protect public order and observe public interest.
The plastics industry, which is at the center of this global and national transformation, is among the sectors that will be affected to the highest degree by new-generation administrative regulations due to its economic added value and wide supply chain network. The process initiated by the European Union with the Carbon Border Adjustment Mechanism (CBAM) and the National Emissions Trading System (ETS) planned to be implemented in Turkey are precursors to a new Administrative Law period that will reshape the state-manufacturer relationship.
Traditional administrative audit mechanisms are transforming into more complex processes such as the allocation of carbon quotas, monitoring of emissions, and administrative sanctions to be applied in case of limit exceedances. Therefore, actors in the plastics industry need to analyze not only market conditions but also administrative mechanisms, public audit limits, and potential administrative dispute processes from a strategic perspective.

STRUCTURE OF INTERNATIONAL AND NATIONAL CARBON MARKETS: THE CBAM AND ETS EQUATION

CBAM, one of the most critical applications of the European Union's Green Deal policies, envisages the application of a financial obligation based on the carbon content of goods produced in countries outside the EU and with high emission intensity upon their entry into the union. The main purpose here is to prevent carbon leakage and protect the competitiveness of producers within the EU.
Turkey's most strategic response to this process is the establishment of the National Emissions Trading System. ETS is a market-based public audit mechanism where the state determines the total emission amount, allocates emission quotas to businesses, and obliges businesses with excessive emissions to purchase carbon credits.
When EU CBAM and Turkey ETS processes are evaluated together, the risk arises that if Turkey fails to establish its national ETS infrastructure effectively, the carbon costs to be paid by Turkish industrialists will be transferred directly to the EU budget. Therefore, the establishment of the national carbon market is of strategic importance not only environmentally but also in terms of economic sovereignty.

CARBON MANAGEMENT ON THE AXIS OF ADMINISTRATIVE LAW AND THE STATE'S REGULATORY AUTHORITY

Although the Emissions Trading System and carbon taxation look like free-market tools, they are essentially a public law mechanism based on the sovereign authority of the state. In this process, the state is not merely an observer; it is the ultimate authority that establishes, regulates, and sanctions environmental public order.
Carbon quotas to be allocated to businesses within the scope of the National ETS have the character of an "administrative action," which is one of the main tools of administrative law. If quotas are not distributed fairly or are based on faulty measurement systems, industrialists have the right to file an annulment lawsuit in administrative judicial authorities.
Administrative sanctions to be applied in case carbon limits are exceeded include heavy consequences such as administrative fines, decisions to suspend operations, and the suspension of environmental licenses. The fact that administrative sanctions can be applied directly without waiting for a court decision creates serious risks, especially regarding the operational continuity of companies.
In this new era, it is critical for industrialists to approach administrative audit processes with a proactive compliance strategy rather than a reactive one.

STRATEGIC ROADMAP FOR PLASTICS INDUSTRIALISTS

When managed correctly, green regulations can turn into a global competitive advantage for the plastics sector. In this context, businesses must first strengthen their administrative compliance mechanisms.
"Green Compliance Units" specialized in environmental legislation and administrative law should be established within companies; emission data should be systematically recorded with a corporate memory logic. Making carbon accounting processes transparent and verifiable will provide a strong legal ground in potential administrative disputes.
In addition, public incentive mechanisms such as KOSGEB, TÜBİTAK, the Green Climate Fund, and others should be closely monitored, and green transformation investments should be carried out in an integrated manner with these supports.
The relationship to be established by the industrialist with the state should be evaluated not only as audit-oriented, but also as a strategic cooperation model within the framework of a common modernization target.

CONCLUSION: FROM THE THREAT OF PUNISHMENT TO A GLOBAL COMPETITIVE ADVANTAGE

Green transformation is an irreversible administrative paradigm shift for the plastics industry. The European Union's CBAM applications and the National Emissions Trading System that Turkey aims to establish show that the issue is no longer just an environmental policy, but directly a part of the state's regulation and economic governance area.
Therefore, it is not sufficient for plastics industrialists to evaluate the process solely on the basis of cost or sanctions. Businesses that achieve early compliance, place carbon management at the center of corporate strategy, and establish proactive communication with public authorities will gain significant competitive advantages in the global market.
The harmonious operation of the regulatory power of the state and the production capacity of the industry is one of the fundamental conditions for Turkey to become a strong actor in the green economy.

This content has been translated using artificial intelligence technology.