Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4628.html
Law No. 4628:20.2.2001 PART ONE General provisions SECTION ONE Purpose, Scope, identifies the Objective, scope and definitions article 1.-the purpose of this Act; There is not enough electricity, quality, continuous, low-cost and environmentally available to consumers in a way that is to be presented, in a competitive environment will be able to operate in accordance with the provisions of private law, a financially strong, stable and transparent market with electric energy and is an independent regulation and control in the market.
This Law; electricity generation, transmission, distribution, wholesale, retail sale, retail service, import and export of all these activities with associated rights and obligations of natural and legal persons, electricity market Arrangements and principles and with the establishment of electricity production and distribution assets covers the procedure to follow to customize.
In the implementation of this Act;
1. The Ministry: Ministry of energy and natural resources, 2. Minister: Minister of energy and natural resources, 3. TEAS: Turkey refers to electrical power Transmission Anonymous, 4. TEDAS: Turkey electricity distribution company and its Anonymous 5. DSİ: State hydraulic works General Manager, 6. Grantee: electricity market Regulation our rule is, 7. Assembly: Electricity Market Regulatory Board, 8. existing conventions: the date this law comes into force first, 4/12/1984 within the framework of law No. 3096 , 8/6/1994, and law No. 3996, 16/7/1997 and law No. 4283, 21/1/2000 within the framework of the provisions of law No. 4501 and related regulations, signed contracts, franchise agreements and implementation agreements, 9. Associates: State-owned but excluding those who attempt; directly or indirectly, alone or with other companies, and companies or individuals operating in the market and people with who controls the company, or any legal person either directly or indirectly, alone or in combination with, any other company, and companies or individuals and persons operating in the market are controlled by legal person and these companies and/or other legal entities that operate in the market with someone or a direct or indirect relationship with each other 10. Control: a legal entity on entity that directly or indirectly the capital or business assets, or more than half of the voting rights or the right to use, or more than half of the Supervisory Board, Board of directors or legal person represented more than half of the members of the organs of the right or the right to handle the assignment, 11. Urea: energy sources, to be converted into electricity in electricity generation plants, 12. Transmission: electric power lines on the voltage level of the posts of over 36 kV, 13. Distribution: 36 kV and below line of electrical energy through the transplant, 14. Wholesale: sale for resale of electricity, 15. Retail sales: for sales to the consumer of electricity on, 16. Retail sales: retail licensed companies, electric power and/or capacity and selling other services provided to consumers outside, 17. Consumer: non-free and free space for own Electricity consumers, 18. Supplier: 23 miners in Ukraine rescued the responsible electricity and/or capacity production companies, otoprodüktör, otoprodüktör groups, wholesale companies and retail companies, 19. The amount of electrical energy that is determined by the Established consumer: more consumption, or because it was directly connected to the transmission system supplier has the right to freedom of choosing natural or legal person, 20. Free non-consumer: electric power and/or capacity resides in their purchases retail licensees or retail outlet capable of distribution company, natural or legal person, 21. Production company: Otoprodüktörler, otoprodüktör groups, excluding electricity generation and sale of electricity generated by that legal person, with 22. Distribution company: electricity distribution in an area Determined that legal person, with 23. Wholesale company: the capacity of electrical energy and/or sell, import, export, wholesale, sale and trade of free consumers can engage with the activities of legal person, 24. Retail: import of electrical energy and/or capacity and transmission system other than those connected directly to the retail sale to consumers and/or consumers can engage with the issuance of retail service legal person, 25. Otoprodüktör: to meet the needs of its own electrical power mainly electricity generation with that legal person, 26. Otoprodüktör group: mainly to meet the needs of electric power of electric power of joint production with that legal person, 27. The transmission or distribution of Electrical energy generation facility: or to fulfill its functions, facilities and equipment, 28. Distribution system: the company, A designated district-run distribution and/or owned electricity distribution facilities and network, 29. Transmission system: electric transmission facilities and network, 30. Production plant: generating electricity facilities, 31. When the transmission facility from an end of the production, transmission substations of medium voltage feeders, including distribution facilities to port facilities, 32. Distribution facility: since the end of the transmission facility, has been independently when and network for the distribution of electricity also, 33. Market: Production, transmission, distribution, wholesale, retail, retail service, import and export of electricity and capacity, including buying and selling or trading activities regarding these activities with the electrical energy generated from market transactions, 34. Projection of production capacity: distribution companies on the basis of the demand estimates, prepared by Turkey electric transmission Company, made by electrical energy supply security for the required production capacity estimate, 35. Rates: the transmission of electrical energy and/or capacity, distribution and sale of these services with the price, terms and conditions containing regulations, 36. License: legal persons in accordance with this law to demonstrate that the activity in the market by the Board granted permission, 37. I system With side services contracts: connected to production companies, otoprodüktör, otoprodüktör groups, distribution companies or consumers by Turkey was With joint-stock company of the elect, of regulations will be provided and the cost of providing the relevant service on a service that will meet the cost of determining the conditions and provisions of the agreements, 38. Ancillary services are: services agreement in accordance with the provisions of the transmission system or distribution system as supplied all legal persons and regulation and/or distribution network services described in detail in the regulation, 39. Power purchase and power sale agreements: Turkey electricity trading and Contracting Company; within the scope of existing contracts, TEAS and TEDAS inherit by and from Temporary Temporary 4th within the scope of article 8, and they may be able to sign agreements that can be performed within the framework of the project; the article 2 of this law (d) paragraph (1), the Board would approve the scope I was Turkey electricity trading and Contracting by can be signed agreements, 40. Link and system use agreements: rates as the respective connection and system usage rates, terms and conditions and a manufacturing company, otoprodüktör, otoprodüktör group, the distribution company or consumers to the transmission system or distribution system suppliers for making a connection or access user-specific conditions and provisions covering the agreements, 41. Bilateral agreements: between the private law natural and legal persons subject to the terms, the sale of electrical energy and/or capacity made of Committee approval can be obtained and not subject to trade agreements, 42. Transmission control agreements: Turkey with private electric power transmission Corporation direct conduits freehold owner or operator is subject to the provisions of private law legal persons include private law according to the provisions of the bilateral agreements, 43. Network regulation: Turkey electric transmission Company and the license to be issued by Turkey in accordance with the provisions of electric transmission company, depending on the operating system with all parties that will be applied to the standard, the rules that determine the procedures and principles, 44. Regulation of distribution: Distribution represents the activity of legal entities shall be prepared by TEDAS opinions distribution licenses in accordance with the provisions of the distribution companies, as well as all parties connected to the distribution system will be applied to the standard, the rules for determining the procedures and principles,
45. The customer service regulation: distribution and retail sales activities shall be a legal person that represents the opinions of TEDAS prepared by distribution and retail licenses in accordance with the provisions of the distribution companies, retail companies, as well as the company in question will apply to all parties receiving service from the standard, the procedures and principles that determines rules, 46. Balancing and settlement regulation: Turkey electric transmission Company and the license to be issued by the provisions of the agreement between the parties that operate in the market under electric power, and/or capacity or real-time buying and selling further the realization of financial balance and reconcile the rule that determines the procedures and principles, 47. Transmission on request at an additional cost will be charged on behalf of the institution over the fee schedule: transmission, 48. Turkey electric transmission Company: 49 transmission company, created from the TEAS. Turkey electricity trading and Contracting Company created from trade and contracting company: TEAS, 50. Electricity generation Corporation: created from the arenas manufacturing company TEAS.
The SECOND PART of the electricity market activities and Licenses electricity market activities article 2.-electricity market would operate on the market in accordance with the provisions of this law, the activities of legal entities production, transmission, distribution, wholesale, retail, retail sales, trade, import and export activities.
Would operate in the market of legal entities should adhere to the principles and activities of this law and related regulations.
Would operate on the market subject to the provisions of private law No. 6762 of legal entities in accordance with the provisions of the Turkish commercial Blood joint stock company or limited company formation and as a joint-stock company in the establishment, the shares must be registered shares. Minimum capital of these companies should be present in the main contract with miscellaneous issues a regulation.
On the market, in accordance with the provisions of this law provided that obtain a license that you can accomplish activities and can operate legal persons are: a) production activity could be legal persons: Otoprodüktör and otoprodüktör groups by the electrical energy production, electricity production activities performed outside Production Company and are performed by private sector manufacturing companies. Electricity generation Corporation and private sector manufacturing companies, natural and legal persons in accordance with the licenses electric power and/or capacity for sale.
1. Electricity production joint stock company; private sector manufacturing investment by taking into account the production capacity, according to the projection, board certified, when necessary, you can set up new production facilities, rentals and can operate.
Electricity generation Company, DSİ's in-house production facilities according to the provisions of this law, inherit, subject to the provisions of private law inherited from TEAS and legal persons age submitted production facilities itself, and/or operates through affiliates or out of the system when needed.
Electricity generation Corporation, operating as age subject to the provisions of private law legal persons through age or when that will be done and will be held an additional and sustainable businesses and investments will retain ownership of the.
2. Private sector manufacturing companies; they have the right to operate the lease acquired or imported production facility or facilities that engage in the manufacture and sale of electric power and subject to the provisions of private law legal persons.
Company affiliates any private sector production is operating in conjunction with production facilities will have on the market by means of total share, published the previous year Turkey cannot exceed 20% of the total electrical energy Board power.
3. A otoprodüktör or otoprodüktör group, it produces electricity, not to exceed 20% within a calendar year, provided that the quantity in the rate to be determined by the Board on can I sell in a competitive environment. Interested in exclusive to the State of emergency, the Board can increase up to half this rate. Within a calendar year, as determined by the rate of electrical energy sold into more than the production license.
Otoprodüktör and the working methods and procedures of the otoprodüktör group, the nature of their partners with the arrangements for sale as surplus produce electricty is determined by the regulation, to be issued.
b to show the transmission activity of legal persons): electric power transmission Corporation transmission of electric energy activities are executed by Turkey.
When you inherit from the establishment of the public-owned predicted all transmission new transmission facilities for transmission investment plan, build and operate a new transmission facilities, Turkey electric transmission, incorporated.
Turkey Electric Transmission Company; In addition, the Board is subject to approval by the transmission, connection and system usage tariffs and prepares network regulations, revised, and performs control of frequency with load distribution, transmission system makes the substitution and capacity expansion, real time monitors system reliability, ancillary services are services of buys and side with the agreements.
Turkey electric transmission Company, makes the work of the Ministry in accordance with the decision of the international TGV, depending on the operating system and/or the free consumers will connect to all system users, including network regulation and in keeping with the provisions of the transmission license indiscriminately between the parties equal transmission and connection service.
Depending on the development of the market depending on the decision Established new trade methods and may be applied for sales channels of the infrastructure development and implementation of electric power transmission Corporation is carried out by Turkey.
Turkey electric transmission Company, within the framework of regulations prepared by the distribution companies based on demand estimates and projection of Committee approval production capacity.
Except for the national transmission system transmission network corresponding to the current standard and production activity in the market, indicating legal persons covered by the licenses with customers and/or its affiliates, and/or special direct transmission between the free consumers line facility, Turkey electric transmission Corporation held between legal entities representing production activity with the transmission control is possible with the agreement. The purpose of this transmission control agreement, the stability and operational integrity of the transmission system is protected.
c) to show the distribution activity legal entities: electric power distribution activities, distribution companies by licensing the regions is executed.
Distribution companies, if they are from another supplier in the distribution of electrical energy and/or capacity who could not consumers, taking consumers retail retail license and/or retail service is responsible.
I companies, parts of the mountain, another retail company and/or companies by taking even though retail sales license can retail sales to consumers and/or retail service.
Lisanslarında of distribution facilities specified and/or owning distribution companies, this renewal, substitution and capacity increase of facilities makes their investment, depending on the distribution system and/or releases that will connect to all system users, including consumers, distribution distribution licenses terms and conditions and regulations in accordance with the provisions and within the periods determined in the regulation is equal to the electrical energy distribution between the parties indiscriminately and connection service.
Distribution companies made side deals with ancillary services are services buys and provides.
Within the framework of the regulations, the designated regions of the demand estimates in the distribution license preparation and notification of task distribution Anonymous Company Turkey electricity transmission companies. The Board confirms that demand forecasts and estimates published by Turkey electricity transmission Corporation.
When the distribution of public sector ownership, board certified in accordance with demand forecasts, investment plans and presented for approval to the Board in accordance with the approved investment plan investment programme needed improvement and strengthening in the received distribution also works when the realization of the construction of new releases and/or task in question belongs to distribution companies operates distribution facilities.
d) Wholesale sales activity could be legal persons: Wholesale electricity trading and sales activities, Turkey & contracting and wholesale companies in the private sector by, these laws, regulations, licenses, network regulation, balancing and settlement regulations and in accordance with the bilateral agreements will be executed.
1. Turkey electricity trading and Contracting Company, within the scope of existing contracts, buying and selling energy agreements signed by TEAS and TEDAS inherits from. Transitional article 4 and article 8, the scope of the sign power purchase and power sale agreements, signed agreements and/or that inherits from and terminates. Turkey electricity trading and Contracting Company's existing contract until June 30, 2001, age of business that took place within the framework of the distribution companies about transfer agreement and undertaken by the energy sales commitments against TEDAS limited to stay, if a more economical supply source could not be found to be an anonymous Corporation and first power generation in this case not to exceed one year in and remain open even by the Board provided that the approval to sign power purchase agreements.
2. wholesale companies in the private sector; It is located in the wholesale electricity activities.
The company participated in any private sector wholesale will have on the market with a total share in the market, the amount of the previous year shall not exceed ten percent of the total electrical energy consumed.
legal persons that may indicate retail sales activity e): retail sale of electrical energy and/or capacity on and/or retail service that contains the acts of this law, regulations, licenses, regulation of the customer service regulation and distribution in accordance with the provisions of retail companies and retail license is executed by the distribution companies have received.
f) import-export activity could be legal persons: No. 3154 of the Ministry of energy and natural resources, organization and duties according to the law in accordance with the opinion of the Ministry created the countries formed the international TGV requirement or with the approval of the Board, electricity imports to countries and/or exports, Turkey electricity trading and Contracting Company, private sector wholesale companies, retail companies and retail sales have picked up distribution companies license by This Act, regulations, licenses, network regulation and distribution is done in accordance with the regulation.
General types of licensing guidelines and license article 3.-the scope of this law will be given licenses by the authority will be subject to the procedures and principles will feature the minimal provisions in licenses with include: a) Licenses will be subject to the procedures and principles: 1. Market activities will engage with legal persons, for each activity before the start of its activities and the activities in question in the case of more than one facility to be executed, each facility must obtain separate licenses for.
2. If more than one licensed the same legal person or carrying out the same activity more than one facility legal persons, when each activity subject to license, or for individual accounts and must keep records.
3. License application procedures and principles, rights and obligations of legal entities owns the license, Licensee expressly the rights, alteration of licenses, times, time extension and is owned by the type of activity and with the license of abandonment from the generation, transmission and distribution of electrical energy will be determined by the amount of license fees regulation.
4. Licences, is provided to a maximum of forty-nine years at a time. Production, transmission and distribution licenses are valid for a minimum period of ten years.
5. in accordance with the provisions of this law on the market; efficient, stable and economical system to create and maintain it, electric power production, wholesale and retail competition in providing the appropriate infrastructure to the environment, electric power transmission companies and distribution license owner Turkey, incorporated.
6. Legal entities, licensing, license renewal, which is determined by the Board, the license copy of the license and annual license price alteration in the Drying has to pay.
7. Licensee legal persons; the facilities, legal possession of the books and records Assembly control ready, by the Board on demand control and activities open to all kinds of information and documents that you will need for timely must give to the Board.
8. Legal persons in addition to acquire licenses based on their activity in accordance with applicable law is obliged to perform the requirements.
b) Licenses at a minimum, will include provisions: 1. the scope of services will be given license to natural and legal persons to be executed with groups or categories of activity determines the types of provisions.
3. to determine the pricing contained in this law bases, taking into account the free market needs to be applied in a non-consumer sales of electricity pricing bases to identify and that prices will be needed due to inflation adjustments of methods and formulas for implementing the provisions pertaining to control.
4. License holder to provide complete and accurate information to the Board, and with regard to sales made to consumers; license holder electrical energy and/or capacity to make the most economical source their purchases and purchase on the market when it is needed most in the provisions that will allow economic intake did make him prove it.
5. Reflection of the service in accordance with the cost of Administering the rules with missing and that the implementation of measures that will minimise leaks mainly contains provisions.
6. the provisions relating to the cancellation of the license and.
7. the provisions relating to changes in the license.
8. License holder will be liable to pay the drying costs and payment conditions provisions.
9. when the license owner or use and/or facility pursuant to others as needed for the purposes of conditions of license provisions.
10. all instructions given by the Board of the licensee to comply with the provisions relating to liability.
11. Under licence, can be executed without prior permission from the Board activities provisions.
12. activities within the scope of the license-related disputes will be solved by the Board which of the provisions.
13. the rights and obligations contained in the license which will prove to be invalid in cases where the duration, terms and provisions.
14. will be made according to the technical requirements of the service provisions.
c) electrical energy market activity will be given by the institution to enable the license types are given below: 1. Production license: available and when the production of electric energy production and production for companies for the sale of electricity produced, for each manufacturing plant must take license with the Foundation. Principles and methods of production license be obtained is determined by the regulation.
Otoprodüktörler and otoprodüktör groups, excluding transmission and distribution system will be run in parallel with and regulation only to meet the real and legal persons engaged in the production of electricity are not subject to the license.
Production companies, distribution companies can enter into relationship issues without checking with its affiliates.
Production companies, these activities can not be found in any activity outside the market.
2. Transmission license: Turkey will be built in the existing electric power transmission, incorporated and all transmission facilities are able to conduct their activities with the Foundation for transmission over you have to get the license.
Turkey electric transmission Company, network regulations in accordance with the provisions of offences in order to meet the market demand, the market and the order designating the load distribution, according to the real-time transmission constraints, in accordance with the technical and economic load distribution rules because the realization of load distribution and regulation of load distribution ranking when necessary revised in accordance with the provisions of the network is responsible for.
Turkey electric transmission Company, the market can not engage in any activity other than the transmission activity with.
3. Distribution License: bulunulabilmek distribution activities in a particular region of the Foundation must get licenses to entities.
Private sector distribution companies, distribution and retail sales activity in the regions outside the license provided that the production license and annual production of electric energy in areas of consumption, the previous years total annual quantity of electricity offered more than 20 percent of the production plant.
Distribution companies owned or where the manufacturing company or companies in the relationship, what they did in the previous years in regions distribution of more than 20 percent of the total amount of the annual purchase of electric energy.
Add the existing agreements in business have acquired the right to make the distribution service through the transfer of private sector distribution companies in this law and distribution companies is subject to free competition in a way that the terms of the agreements amended and new regulations and until they pass, taking the production license will not be able to take advantage of setting up production facility and production activity of the legal entities that engage in regardless of its affiliates create relationship.
On the other hand, the scope of existing contracts in the region have acquired the right to make private sector distribution service distribution companies, existing agreements will be determined by the Board within a period of free competition in a way that shall amend the conditions. The nature of the contracts these terms does not constitute an obstacle to the implementation of.
Distribution companies, apart from those defined activities cannot have another activity on the market.
4. Wholesale electricity wholesale companies market license: wholesale sales and sales to consumers Who have to get for free license.
Wholesale sales licenses, depending on the decision of the Ministry of international electrical energy exports to countries that had formed the Charter the TGV or the provisions to allow imports of electrical energy as a separate section.
The Board, before such a permit, Turkey electric transmission gets Anonymous Corporation on technical limitations. Imports and exports in the wholesale license provisions are valid for a limited time and quantity. This time, the validity of the relevant wholesale license may be different. Import and export all kinds of changes related to the relevant provisions or time extension, all other provisions of the relevant wholesale license amendment or while uzatımından are handled separately.
5. Retail sales license: retail sale on the market of legal entities and/or the Foundation must take in order to provide retail sales license. When you need a retail license, depending on the decision of the Ministry at the bottom of the transmission level voltage level provisions that allow imports of electric power in as a separate section.
The Board shall, before giving this permission in the distribution area in question from the technical issues regarding the deployment. In retail license, import-related provisions is valid for a limited time and quantity. This period of validity of the relevant retail sales licenses may be different. Any change in the relevant provisions which deal with or time extension, all other provisions of the relevant retail sales license amendment or while uzatımından are handled separately.
Retail companies, without any limitation of the area retail sales and retail service activity.
Retail licensed distribution companies only retail sales license in another distribution, if it receives company located in the area of the free sale of electricity to consumers and/or capacity.
6. Otoprodüktör and otoprodüktör group license: Ken was engaged in the production of electrical energy to meet the needs of, and runs parallel with the transmission and/or distribution system otoprodüktör and its partners provide electric energy must obtain licenses from otoprodüktör groups.
d) termination of Licenses: licenses, in accordance with the method specified in the license by the Board if the period at the end of the long uzatılmadığı, or in the case of bankruptcy of the licensee entity by itself, Licensee agrees to abandon the request in the case of a legal person has a license, but ends with the approval of the Board.
The SECOND PART electricity market regulatory authority, electricity market regulatory Board and miscellaneous provisions SECTION ONE electricity market regulatory authority with the powers of the Electric Power market regulatory Board Duties and market regulatory authority has legal personality article 4.-the Public, administrative and financial autonomy, and with this law to fulfill the tasks given to him Electric market regulatory authority.
They are in charge of activities and institutions, entities that defines the rights and obligations arising from the activities of the Assembly approved the transfer of licenses issued under the existing contract, from the operation according to the provisions of this law, of the monitoring of the performance of the market, distribution and customer service performance standards and regulations is to enforce from the creation, alteration and, located in this law from being checked pricing bases, taking into account the needs of the market to identify non-release will be applied to pricing in electricity sales made to consumers its bases to detect and that prices will be needed due to inflation adjustments and the application of the formula for from control and treated in accordance with this Act on the market is responsible for providing.
The decision of the Board of the institution in accordance with the provisions of this law will remove regulations, operating entities in the market and taking the views of the relevant institutions and organizations.
The organization is headquartered in Ankara. The organization is associated with the Ministry of energy and natural resources Included. Agency, distribution areas to provide customer relations liaison offices.
The Organization of the institution; Electricity market regulatory Board, Chairman and consists of the service unit.
Institutions, in carrying out their duties arising from this law, the powers of the electricity market through organizing committee uses. Student Council represents and decision making body of the institution.
Chairman of the Board and Assembly of electric market regulation article 5.-the Board, one President, one Vice President consists of seven members.
Board members; law, political science, public administration, public administration, economics, engineering, business or finance branches in at least four years of higher education institutions providing education graduated from public institutions or the private sector for at least ten years experience and Business Council of Ministers from among persons who are assigned.
The Council of Ministers, together with the Ceo and President of the Second assignment.
Board President and Member's term of six years. The expired tasks members may be reelected.
Presidential or membership, term of office expires, if for whatever reason made him interested in accession within a month, the assignment is made.
This Act, in addition to other items as determined by the tasks, the Board fulfills the following tasks: a to apply the provisions of this law).
by the end of January of each year b), free consumer limitlerdeki for discounts and to make the definition of the new limits.
c) Consumers reliable, high-quality, seamless and low-cost electric power service in order to make the necessary arrangements to be notified.
d) license holders in accordance with accepted accounting procedures for financial reporting standards and determine management information systems and their implementation.
e) production, transmission and distribution companies, as well as otoprodüktör and otoprodüktör group for safety standards and to identify and ensure the implementation of these requirements.
Depending on the development of new commercial Market f) methods, and sales channel development and implementation of the infrastructure for the fight against cancer.
in accordance with the purposes of This Blood g), when needed, to develop model agreements.
h) trade secrets and confidential information, including the competition, any commercially sensitive information to prevent the disclosure of the identify and apply the principles and procedures.
n.) operating entities equity on the market and to ensure that they comply with the standards of transparency in its activities, applications and follow the terms and conditions of the relevant license to certify.
j. relationship between subsidiaries to provide Competition) for the creating of standards and rules, and to apply these standards, market activities at its subsidiaries, business and accounting issues should contain the restrictions these restrictions.
annual report and market development-related k) miscellaneous reports prepare and provide to the Ministry.
l.) including staffing, create and implement the policy of the institution's staff.
m.), the movable and immovable property to the institution or service sold and hiring issues.
the launch of the international organizations and agencies relating to n) legislation and follow the implementation of the necessary arrangements; legislation needs to provide to the Ministry by making the necessary preparations in case be heard.
He will take with the third person, the institution) the rights and obligations as all kinds of processing.
p) due to environmental influences in the production of electricity of renewable energy sources and to encourage the use of indigenous energy sources in order to take the necessary measures in this area, and encourage implementations for the relevant institutions and organizations to make an attempt at.
Other substances as determined by the authority of this Act in addition, the Board has the following powers:
the implementation of the provisions of this Act and a) given to him by this law is necessary to fulfill the tasks and to improve competition in the market as natural and legal persons must comply with the instructions and notices, regulations, managing the distribution regulations, customer service and managing to reconcile and verify.
b) Site for listing, to give the specified miscellaneous approvals referred to in this law.
c) distribution companies by prepared and Turkey electric transmission Company by acceded to demands to revise, if necessary, confirm the estimates.
d) based on demand forecasts, board certified, Turkey electric transmission Company projection of production capacity and transmission investment plan prepared by this plan with the public sector ownership of distribution facilities in accordance with who runs the distribution companies confirm their distribution prepared by the investment plan, revised as needed to ensure and oversee the implementation of the investment plan approval.
e) will be prepared in accordance with the provisions of Relevant license; Turkey electricity trading and Contracting Company, the transmission rates of wholesale rates, distribution retail tariffs with tariffs examine and confirm.
f) Transmission, distribution, wholesale and retail pricing for the main facets of suppliers to identify and if necessary revised in accordance with the provisions of the license.
g) Otoprodüktör and otoprodüktör other than your own or partners ' needs of groups on sale offerings for the amount of electricity needed to revise and publish the percentages.
h) Transmission on request at an additional cost of additional costs and determine the transmission rate of Turkey electric transmission Company by collection and make arrangements for the payment of the institution.
n.) legal entities by operations and other operations with licenses in return for the costs to be paid to the institution.
j) operates in the market of legal entities to examine the audited financial statements or incelettirmek.
legal persons will be asked, without the k) service reliability, service outages and other performance criteria determine the scope of the report and provide them to the Board on a regular basis.
the provisions of this law, l) regulations issued by the Board approved tariff provisions and regulations, license terms and conditions and against the decisions of the Board treated cases, administrative fines and revoke licenses.
m) when the production, transmission and distribution during the construction of and operation of the public interest in General, hydraulic resources, ecosystem and protection of property rights by acting together with other government agencies to public interest and do not constitute a threat to the safety or examine the situations and in order to eliminate these situations, provided that the information before it at 20/11/1984 within the framework of the provisions of law No. 3082 should take measures in accordance with the.
n.) prepared by the Presidency of the institution's budget, an annual business plan, income-expenses for certain accounts, annual report and related to market development miscellaneous reports confirm and necessary cases, deciding to transfer between budget items.
o) licensor parties, a transmission system or distribution system connection and the system regarding the use of the provisions of agreements, conflicts, try to reach an agreement on this law, and the parties according to the provisions of the relevant licenses.
p) within the framework of the approved budget of the institution's spending and spending will be to determine the procedures and principles of regulation as appropriate.
r) as for the contracts Available; These contracts will be held between the parties and five business days prior to the date and time will be announced to the Board meetings, sees need to join.
s with regard to Existing contracts, law) provisions will facilitate the transition to the market competitive issues, recommendations for changes for consideration by the parties and the terms of existing contracts do not violate disputes hall, provided that this Agreement relating to any time prior to the start of the process of formal conflict halli disputes halli arbitrating for.
t) of this Act in carrying out the tasks given to it, as appropriate, regarding the issue of all kinds of information and documents, all from the public and private institutions and individuals to examine the request and/or in-place.
u) headed by the appropriate authorizing charge or issues found.
Chairman of the Board, and President of the institution at the same time. President, Board decisions application, execution and the Board is responsible for representing. This responsibility; Giving information to the public in relation to the Board's work includes tasks. Vice President, the President's absence, the President assumes all duties and powers.
Presidential powers are given to the institution by the staff of the institution, excluding all the decisions are taken by the Board.
The duties and powers of the Presidency are: a) pursuant to the decisions of the Board deems it necessary to establish service units.
b to fulfill the functions of the institution) the Board's decision to employ a sufficient number of personnel in the line.
c) Service units-compliant, efficient, disciplined and to work on a regular basis, the Organization and coordination between service units to provide the Board with and service units that might arise between the duties and powers to solve the conflict.
d the Board meeting agenda, day, and) time to identify and meetings.
in accordance with the decisions of the Board instead of e) ensure and monitor the implementation of this decision.
f) Board to represent in the public and private organizations.
cut the institution's annual budget goes to g) comes with preparing the annual report and accounts and Institutions provide the Board and the implementation of the budget of the institution, the collection of income, expenditures to ensure.
Prohibitions and impeachment article 6.-the Board members unless a specific law breaking during their membership in the public or private organizations are not eligible to receive any task. Board members, membership for two years starting with the end of operating on the market subject to the provisions of private law legal persons or their subsidiaries cannot receive tasks in or interested in this kind of thing can't be common and that legal persons or their affiliates will provide or could provide revenue from direct or indirect relationship can not enter and messes with electricity trade.
Board members, before they are published by the Undersecretariat of Treasury borrowing maliki securities for operating on the market, legal persons or other than its affiliates in any shares or securities in the second degree, third degree blood and sıhri Hall, outside of the mandate since within 30 days of the transfer has to sell or to dispose by.
Board members and their spouses to some extent blood Hall, public institutions and organizations operating in the market for an entity, or outside their subsidiaries after the appointment and membership of the Committee for the duration of the task cannot get interested in this kind of thing can't be either common and come from this legal entities or affiliates provide or could provide direct or indirect relationship can not enter and messes with electricity trade.
Board members and agency personnel, With appropriate confidentiality and electric power industry information contained in all kinds of secrets belonging to natural and legal persons, even if they are separated from their posts can not explain the interest of themselves or others.
The mandate of the Committee be established to last before they expire. However, this article is in violation of bans or this law with regard to the tasks given to them with crimes conviction about them for final Board President and members of the civil servants law No. 657, government official sought to be detected or they lose the terms of more than three months with a period of illness, accident or for some other reason cannot do their tasks or for the rest of the mandate could continue the mission the three-month period beklenmeksizin will be out of the hospital with a fully fledged delegation report I n the Board members, dismissed by the Council of Ministers before they expire.
Oath and Declaration of goods article 7.-the Board, members of the first presidency of the Supreme Court Committee in the presence of the continuation of the Board's work during the mission a full caution and honesty will conduct with the provisions of this Act and related legislation to the contrary will not move and will make their vows.
I swear, for reference, the Court deemed the rush job.
Board members cannot begin the task unless you swear.
The Board members of the inauguration and the leave within one month of the mission and tasks every two years as long as the goods declaration must be in.
The Board of studies and meetings, Committee approval, the annual report and control article 8.-the Board's working procedures and principles with a reference will follow procedures in the regulations.
a at least once a week) Assembly, meets as often as necessary. In the absence of a Vice President or Chairman of the Board meeting. Before the meeting, the agenda of each meeting in the absence of the President or the Vice President prepared by Board members.
The Board shall convene and majority decisions are taken with the majority of votes of those attending the meeting.
Board members, themselves, and the second degree of blood and the third degree sıhri Hall to participate in talks and related events with a vote.
b) legal persons all kinds of deal with approval and license as determined in the regulations.
Partnership structures of legal entities operating in the market for any reason, ten per cent or more, a public company with a capital of five or more percent in share exchange or any of these entities an entity on a merger or consolidation, change in control, sale, transfer or other regulations necessary or change the structure of the legal entity with a legal entity owned by the production, transmission or distribution is an important part of any sales as a result of a transfer or other regulatory changes, in the case of Committee approval is required to be taken. Procedures and principles pertaining to Committee approval is determined by the regulation.
Will take place in the market and the law on the protection of competition no. 4054 7 article within the scope of authority to allow Competition in the mergers and acquisitions Committee reserved.
for the previous fiscal year c) Assembly, at the latest until the end of next year, if you're writing an Ni annual report sends to the Ministry for information. In the report, the consolidated income statement, balance sheet and annual activities based on the comprehensive financial statements.
d) is subject to the institution's accounts Sayıştayın control.
Status of personnel, premises and personal rights assignment procedure article 9.-the service units of the institution; Requires a number of duties and powers of the institution of the Organization in the form of the circle is the presidential main service units, consists of advisory units and auxiliary service units. The institution's service units and their duties and responsibilities, upon the recommendation of the Board staff titles and numbers to be issued a regulation by the Council of Ministers.
Corporate services are essential and ongoing tasks required, the personnel employed as contracted with the administrative services contract is executed by hand. Agency personnel, wages and civil servants Law No. 657, except financial rights.
During his time working for the institution, you cannot use the missions all personnel before the social security institutions by any of their rights are reserved.
Domestic and foreign experts, the scope of the regulation specified in the first paragraph, the Presidency and the Board with the consent can be employed in accordance with the principles of the regulations will be enforced.
Corporate staff, depending on the task that requires expertise in the Ministry and related agencies that engage in energy-related issues with other public institutions and organizations working through organizational or staff appointed by the Board with the permission of the institution.
Public institutions and organizations held assignments and staff from outside the career system is determined by the regulation to exclude the creation of editing.
Board members and staff of the civil servants Law No. 657 of the institution also to article 48 (A) of subsection (1), (4), (5), (6) and (7) subparagraphs the terms are required to carry.
Chairman of the Board and Board members with other agency personnel, are subject to the Pension Fund of the Republic of Turkey Law No. 5434. Board President and member of the Board of the task assigned to their relations with the old as long as tasks. But the civil servants Law No. 657, or special legislation are subject to the regime of Council staff edited tasks after the end, references in this Act shall be liable to 6 without prejudice to the relevant provisions of the continuation by the Minister in accordance with the assigned a staff. Conditions for the acquisition of the academic title reserved.
In terms of Institution personnel retirement status, will be prepared by the President and shall be regulated by the regulations instituted with the approval of the Board. Due to this, the President of the Board about retirement without the Ministry's Müsteşarına, his Assistant Undersecretary of the Ministry of the Committee are considered to be of equivalent status.
Chairman of the Board and Board members, the highest monthly net of fees, including any State officer monthly net fee payment will not exceed two times, the Ministry is determined by the Council of Ministers upon the proposal.
Other financial institution personnel wages and rights, will be determined by the Council of Ministers upon the proposal of the Presidency within the framework of the principles determined by the Board.
Chairman of the Board, the Board members and agency personnel serving with power of Attorney and with the exception of contractual tasks during the performance of their expenses can be met from the budget of the institution in which the procedures and principles that is determined by the regulation.
The proceeds, property and assets of the institution article 10.-following the institution's budget of the institution's income consists of income that creates and: a) licensing, license renewal, alteration, license copy and license annual license fees.
b) broadcast revenues and benefits.
c) relayed to the details and the development of market studies and project works to be used in the financing of international institutions and organizations will be given grants by the.
d) yirmibeşi percent of administrative penalties issued by the Board.
e I tariff of no more than one percent) with the transmission rate of additional charges.
It is essential to meet the expenses of the institution's income. By the end of March next year, the institution's revenue surplus will be transferred to the general budget. Proceeds of the institution, the Board considers it appropriate to open accounts in banks. Proceeds of the institution referred to in this order to perform their duties fully until a sufficient level, the necessary financial resources are met from the general budget.
The institution is considered Government property, goods and assets of haczedilemez, rehnedilemez.
The SECOND PART of the Sanctions and the case As sanctions and sanctions for implementing procedures article 11.-the Board, the following sanctions legal persons operating in the market and applies penalties: a) request information or by the Board of review in place; the requested information is incorrect, incomplete or misleading identification or no information be given or granted on-site review of warranties, two hundred billion Liras and giving the information accurately within seven days and/or review providing the caveat, however, they become defective can be corrected easily related to legal entities and individuals, without having been reprimanded, fined seven days giving the information correctly and/or review of the provision.
the provisions of this law and the regulations issued b), instruction and notification in case of detection of the moving violation, two hundred and fifty billion Liras and elimination within thirty days notice of violation.
c) General principles and obligations of the license any determination that the fulfillment of three hundred billion Liras, and correction of strikes within thirty days.
d) license application, license conditions in delivery, submission of documents or giving misleading information or unreal license affect the license during the term of the license terms do not expose the Board and changes to the aforementioned license terms document is unrealistic or misleading information or participate in the necessary, possible change in 400 billion Liras and correction within thirty days notice.
e) license for the duration of the case, violating the prohibition on four affiliate relationship and fifty billion Liras and the relations of correction within thirty days of its affiliates warning.
determination of activity outside the scope of the license on the market represented by f), five hundred billion Liras and the activity in a fortnight or cessation of the activity are warning against.
g the provisions granting license) license remain disappeared or during these conditions from the beginning of his way, and in the case of existing recording license is cancelled.
The above penalties despite the bug, or repeated reminders of verbs that require in cases of fines every time a previous punishment applied by increasing at the rate of two times. This penalty are issued within two years from the date of the administrative monetary penalty if the same verb that requires processing is based on the iteration of the previous penalties. However, if the same verb is rendered in two years by increasing the penalty amount to be applied to an entity on a previous deal with financial punishment for the year balance sheet does not exceed ten percent of the gross income. To reach this level of penalties in the event, the Board may cancel the license.
The first paragraph of this article, (c) or (d) is counted as in violate the Board administrative penalty according to the weight of the verb merely cancels the license directly.
I mountain regions become mandatory license has been canceled for the Board to take the necessary measures for the service helpful by taking license in advance. Facilities in licensee's ownership of the nam and the tender for the sale of the plant about one hundred and twenty days in the account. Procedures and principles for the application is determined in the regulations.
Held in this article all administrative penalties are in no way related to paying the penalty tariffs to be issued by legal entities not included as a cost element.
Fine, that this law applies separately to each of the parties. In accordance with this law, the Turkish Penal Code of verbs that require fines or penalties would be counted in other laws that contain criminal judgment, the question will not be an obstacle to the issuance of such fines, license revocation of mania.
This code will allow for penalties in the event that more than one of the verbs that require and contact between them would require the highest punishment in the case of the verb sentence; the lack of contact in the case of each penalty is applied separately.
Fine's decision given within 15 days from the notification of the relevant legal person by applying to the Board decision may request to be reviewed again. This demand, or refusals of fine is finalized the decision.
Fine application as, of violation occurred following the date found since the beginning of the five-year is subject to prescription.
The Board's review and research purposes related to this process, or any operation over here is referenced in the judicial path against the decision, communiqué, time-out.
The fine issued Act No. 6183 public receivables according to the provisions of the law on the Ministry of finance, on behalf of the institution are charged.
Fine amounts, Turkish Criminal Law No. 765 each year 28/7/1999 and law No. 4421 added additional increased by in accordance with the provisions of article 2.
The case as article 12.-the Board will open lawsuits against the decision of the Court of first instance in the proceedings. The Council of State, against the decisions of the Board of rush references.
The THIRD PART Support, customization and other Provisions to consumers, Tariffs, tariffs and consumer support article 13.-this law organized under the tariff, tariff and the implementation of procedures and principles for the consumers not supported include the following: a) Tariffs: in this section and in the following year, implementation of the proposed tariffs, applicable in accordance with the provisions of this law by the legal person and the license granted by the Board pursuant to the provisions in each year until the end of October and for the approval of the Board. Assembly, the licensing provisions of this application is found, the 31 December of the same year these references not to exceed the limit.
License holder, will do in the next years tariff monthly inflation and adjustments to other particulars specified in the license are also located in the confirmation of the Board. Such price adjustments associated with the formulas given in accordance with the provisions of this law examined by each license. Price structure in the market that legal persons not directly associated with the activities of elements. Turkey electric transmission Corporation transmission that will be applied by the additional costs of this provision creates an exception.
Each located in the license price formulas but at times specified in the license and/or conditions can be amended.
Board Certified tariffs subject to these terms and conditions, tariffs are all real and legal persons. A natural or legal person is subject to the tariff does not, any of the payment provided for in the aforementioned procedures and principles, including stopping the service regulation.
Together with a grant of license, which requires the approval of the tariff in the referenced year tariff approved by examining by the Board.
b) regulated by the Board tariff types include: 1. Connection and system use the System Connection and lanım Servants tariffs: tariffs, connection and system usage agreement which will be included in a transmission system or distribution system and connection and use of system failure to distinguish between equal parties to based on prices, terms and conditions.
Connection price does not cover the costs of the network investment. The price of the connection, the connection is made on behalf of the legal person is limited to the costs incurred.
2. Transmission Rate: Turkey is to be issued by the electric power transmission Corporation transmission tariff, manufactured, imported or exported electricity transmission facilities are equal to all users via transplantation exploited regardless of the difference between the parties that will be applied to the prices, terms and conditions. Turkey electric transmission, incorporated will make grid investments and transmission takes place in additional fees, transmission tariffs.
3. Wholesale Tariff: Turkey electricity trade and Contracting Company to be issued by the wholesale tariff, wholesale electricity trading and contracting for sales Turkey Incorporated the obligation to sell electrical energy equal to all natural and legal persons, regardless of the difference between the parties to implement the provisions of the terms and conditions of the price.
The Board in the determination of the wholesale tariffs of electrical energy purchased to reflect the average fi-yacht in Turkey and electricity trading and Contracting Company's financial obligations based on its capacity.
4. Delivery Schedules: distribution companies are to be issued by the distribution tariffs, through transplantation of electrical energy distribution facilities all natural and legal persons equally, regardless of the difference between the parties in relation to the distribution service to be applied to the prices, terms and conditions.
5. Retail Tariffs: transmission system connected directly to consumers, except those that are equal, regardless of the distinction between the parties that will be applied to the prices, terms and conditions.
Regulated retail tariffs would be in effect for consumers, retail sales retail distribution company owned and/or licensed by companies is recommended and approved by the Board, by examining the.
Operating system releases other than those connected directly to consumers and retail tariffs will apply to those consumers who choose to own suppliers with a bilateral agreement, the retail license holder their distribution distribution company and/or recommended by retail companies and approved by examining by the Board.
Own the retail license license according to the amount of electrical energy consumption in varying types of tariffs and/or price ranges can take place and on the implementation of obligations of defined under licence details.
c) Supporting Consumers interested in certain areas and/or specific purpose: for consumers when the subsidies in order to be supported, the amount of this subsidy rates and procedures without intervention, with the Ministry's proposal, and the Council of Ministers decided on the form of the consumers concerned to refund is made.
Lack of electrical energy quality and/or compensation of damages resulting from interruption or damage issues, is addressed to the licensee of consumers of legal entities located in the license and the contract. Procedures and principles for the regulation into practice.
Customize article 14.-the Ministry, TEDAŞ electricity generation Company, their establishment, subsidiaries, affiliates, business and business units with recommendations and views on the privatization of assets, privatization administration. Customizations, Act No. 4046 Customization decision amending Some Laws regarding organizing and Implementing and Amending Legislative provisions of law shall be conducted by the privatization administration in his apartment.
Within the framework of this customization applications, located in market activities referred to in this law legal entities and individuals, foreign natural and legal persons electricity generation, transmission and distribution sectors, on a sectoral basis to generate shareholder control.
Other provisions article 15.-a) Debt:
Turkey Electricity Transmission Corporation debt liabilities undertaken regarding the transmission activity of Turkey electric transmission Company, manufacturing activity Anonymous ones electricity production joint stock Company, with relevant organizations, within sixty days of the reconciliation between the Undersecretariat of Treasury, provided they provide are handed over. Will be held in accordance with this law, privatization, sales and operations with share transfer phase, the Undersecretariat of the Treasury is a party or guarantor loans within the framework of the agreement is domestic and foreign suppliers, electricity production and transmission facilities for the purpose of financing of investments from financial obligations when the transferee entity on this among the obligations related to get electricity generation Company, Turkey electric transmission Company, the Treasury and Privatization is determined by the Protocol between.
b) market financial settlement Center: Turkey electricity transmission Corporation located within the market financial settlement Center, Turkey electric transmission Company by balancing and settlement Regulation was prepared and approved by the Board in accordance with the provisions of the sale and purchase contract linked amount with the difference between the operating entities in the market based on the debtor or creditor shall calculate the amounts they reconcile the financial system runs.
Legal persons operating in the market, market financial settlement Center of legal entities, in accordance with the regulations of the balancing and settlement amounts that they are creditors or debtors in order to determine all the necessary data is under the obligation to submit market financial settlement Center.
Market financial settlement Center under no circumstances own account of electric energy and/or capacity buy-sell or trade cannot engage in different ways. All data provided financial settlement center of the market, balancing and conciliation is confidential in accordance with the provisions of regulation.
Market financial settlement Center, legal persons, balancing and conciliation service regulations and a fee determined in accordance with the provisions of the regulation.
c) Expropriation requires the activities envisaged in this case: 2942 numbered made the principles stated in the law of Expropriation expropriation. Will be given by the Board on this issue need decision replaces the decision of the public interest and with the approval of the Ministry effective WINS.
Production, distribution and transmission of electricity market activities will be the Foundation of legal entities located in or expropriation, the Assembly decided to request the expropriation expropriation Which business is done. In this case the expropriation the expropriation in question may arise from tezyid with the price-I is paid by legal entities about the price. The ownership of the expropriated property to the Treasury; paying the price of legal person's right to use eminent domain. Usage rights are a part of either of the relevant license or contract validity is limited to the validity of them.
In case of cancellation, termination or legal persons issue licenses as the expropriation fees paid are non-refundable.
d) Ownership no longer the same Rights and leasing: legal persons, with regard to the activities of a public entity related to the cost of the land, shall be paid by the non-ownership rights and can claim this land lease.
This request, when deemed appropriate by the Board, in accordance with the relevant laws of the institution according to the usufruct, servitude, parent or long-term rental way.
In this way the resulting obligation to pay the cost of detected by the Board about the transferee entity belongs to the person. Usage rights are a part of either of the relevant license or contract, the validity of which is limited to the validity.
It won't take effect provisions of article 16.-Institution; the public debt Law No. 1050 Muhasebei, procurement law No. 2886 and is not subjected to per diem Act No. 6245. Institutions and all kinds of taxes, duties and the institution's income shall be exempt from all fees. Will open cases examined by the collateral shall not be required.
The changed and removed provisions article 17.-a) of article 64 of the law No. 2886 Auction located in the first paragraph after the phrase "tourist facilities" on the way "and power generation facilities and transmission and distribution facilities and networks are in need of land" has been added.
b) Ministry of energy and natural resources law No. 3154 organization and duties of the first paragraph of article 2 of the law "in the Ministry of energy and natural resources after the tasks" to the coming "related Laws or institutions that operate in the market, if and to the extent be" located in the first paragraph of article 10, "energy jobs after the Directorate General of tasks" to the coming "related Laws or institutions that operate in the market, if and to the extent" be added.
c) 28/5/1986 and law No. 3291 "Central Bank of the Republic of Turkey Law No. 1211, Savings Banks Act No. 3182, speeding up Public Investments and promotion of Act No. 2983 Law, Act No. 2985 public housing Law, 7/11/1985 and law No. 3238, amendments to capital market Law No. 2499 1177 Numbered Some tobacco and Tobacco Monopoly Law and the repeal of privatization of State-owned Teşebbüslerinin Of the law on" un annex 1 article additional article 2 with the first, second and third paragraphs of annex 3 of the repealed.
Article 18.-18/12/1953 within the framework of the General Directorate of State hydraulic works no. 6200 Vazifeleri following the law on the Organization and About additional item has been added.
ADDITIONAL article 1.-General Directorate of State hydraulic works built by was operationalized and the production of hydroelectric energy will be commissioned and they are not moved with an integral component; to be determined price of these facilities were provided by the Treasury with the General Directorate of State hydraulic works allocated financial obligations arising from an outsourced project credit and public Partnership Fund payments to be determined taking into account fees are handed over to the Production of electricity through joint-stock Company.
Determination of the price to be paid to the relevant organization, Ministry, Treasury, General Directorate of State hydraulic works with electricity production joint stock company is determined by a Protocol, which will be held between. Procedures and principles pertaining to transfer, from the date of entry into force of this provision within six months will be prepared by the Ministry and the Council of Ministers shall be determined by a regulation instituted by the decision.
All kinds of transfer tax, shall be exempt from all fees and.
PART FOUR transitional provisions TRANSITIONAL ARTICLE 1.-electricity generation Company, Turkey electric transmission Company and Turkey electricity trading and Contracting Companies that Law with the given task and obligations, these organizations possessing legal personality until TEAS.
TRANSITIONAL ARTICLE 2.-the first Electric market regulation Board members, from the date this law comes into force in three months.
For the first time appointed a member other than the President, set up at the end of the second year will be determined as a result of two members and the fourth at the end of the year, the remaining members will be determined as a result of the setting up of two members, instead of the new members in accordance with the provisions referred to in this assignment.
Staff of the institution raising an assignment cannot be established.
TRANSITIONAL ARTICLE 3.-preparation period, from the date of publication of this law refers to the time period of eighteen months. The Committee of Ministers concludes that the length of time that a one-time can extend up to six months.
Preparatory stage: a) during the term;
1. operates in the market of licensing obligations of legal entities.
2. Electricity Market Regulatory Authority as effective, efficient and complete their tasks of level access as soon as possible the design of business processes of the Organization, development of relevant methods, standard and documents, information infrastructure and systems design, development and implementation and agency personnel will be required for training, which also includes entering into force of the subsequent Corporate development process, initiated by the Ministry and after the formation of the Board the Board by completed by executing üstlenilerek in coordination with the Ministry.
3. the regulation of this law are prepared and to regulation is published. To be issued in accordance with the provisions of this law, regulations came into force shall continue to apply existing regulations until.
4. Regulation of Network regulation, distribution, customer service regulation and balancing and settlement regulations in this law are prepared by public bodies appointed. Before the end of the preparatory stage they reconcile in balancing and regulation enactment except for the necessary works for the Board in coordination with the Ministry, until after the formation of the Board, in coordination with the Board, it shall be carried out by organizations connected with the regulations.
5. the electrical energy supply until the formation of the Board in terms of safety contingency measures including exclusive to the Ministry.
b) end of Period;
1. Electricity generation Company, Turkey electric transmission Company, Turkey electricity trading and Contracting Company TEDAS and operates manufacturing and distribution facilities, or when the existing contracts with manufacturing and distribution business as in the private law legal persons, subject to the provisions of the relevant regulations, regulations relating to the information and documents specified in the license reference, provides to the Board within the period indicated in the regulations. It fulfills its obligations under law legal persons by the authority within one month of the filing date granted the licenses. Of the aforementioned entities, licensing, market activities in accordance with the applicable procedures and principles.
2. the activities of more than one market is a legal person, to be made of these services to concession contracts, the provision of duty arising out of the provisions of this law with the rights and obligations, taking into consideration, the Board is amended in accordance with the principles determined by the. As the legal persons established in abandoned measures to continue the activities. These activities from transmission activities, inter alia, within the framework of the principles set by regulation of the Board.
3. the non-tariff and tariff in force with six applications electricity sales tariff rates on the funds and shares comprise about these topics and to download the Council of Ministers is authorized to make edits.
TRANSITIONAL ARTICLE 4.-when electricity production and distribution of State-owned enterprise property rights transfer of 30 June 2001 of the prescribed period until the date of existing contracts of companies cannot complete the void.
Add business cycle date and completed the first paragraph of the above operations, made by environmental pollution prevention facilities, for completion and environmental legislation of TEAS required from the date of the receipt of the transfer to allow the two-year term. In the meantime, the aforementioned facilities electrical production activity with such a plea could not be stopped.
TRANSITIONAL ARTICLE 5.-TEDAS with electricity production joint stock company located within the subsidiaries, the rights or property of business devredilene retain their current status.
a) within the framework of the distribution activity;
1. Business as not sign the private sector or other ways in which the non-customized distribution areas, distribution and retail sales activities to resume execution by TEDAS. However, it is also active in the specialty retail companies in the region.
2. in accordance with the current contracts, a private who runs the distribution facilities of TEDAS-owned distribution companies investment programs and projects approved program to examine, in accordance with the received projects investment program to check whether, as long as it remains in force, these contracts yükümlülüğündedir of TEDAS.
b) within the framework of production activity; Electricity production, incorporated, including its subsidiaries, it operates production facilities that produced the sales prices of electrical energy; plants have been used for equity, credit, the principal, the interest and exchange rate differences with electricity production joint stock Company belongs to administrative expenses. Fulfillment of obligations belonging to the electricity production credits, incorporated.
TRANSITIONAL ARTICLE 6.-electricity generation Company, during a period that is determined by the duration, it produces electrical energy, Turkey electricity trade and Contracting Company. However, from the end of the preparatory period, that period cannot be more than five years. During this period, electricity production, incorporated, Turkey electricity trading and Contracting Company electric power and/or capacity sales procedures and principles concerning Act No. 3154 of the Ministry of energy and natural resources, organization and duties according to the law within the framework of the Ministry's opinion created is determined by the Board.
TRANSITIONAL ARTICLE 7.-after the entry into force of this Act shall be directly connected to the transmission system is 24 months after the entry into force of the law, with consumers, to be effective, after the previous year's total electric energy consumption the more than nine million kWh per consumers is considered to be the consumer.
Before the entry into force of this Act shall be liable to consumers connected directly to the transmission system and electricity trading and Contracting Company in Turkey by the inherited conventions, remains in effect until you select this consumers suppliers.
TRANSITIONAL ARTICLE 8.-the provisions of law No. 3996 Treasury guarantees, it was agreed before the date of publication of this Act to the projects as of the end of 2002, provided they operate. This project has been granted by the Treasury of the guarantee as of the end of 2002, in the absence of Treasury guarantees businesses will become invalid.
These projects, except for 8/6/1994, and law No. 3996 with 16/7/1997 and within the framework of the provisions of law No. 4283 Treasure cannot be guaranteed.
Entry into force article 19.-this law enters into force on the date of promulgation.
Article 20 the provisions of this law, the Executive Council of Ministers-executes.
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