The Turkish Grand National Assembly Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. Electricity Market Law Amendment Law

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ELEKTRİK PİYASASI KANUNUNDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5496.html

Law No. 5496:10/5/2006 article 1-20/2/2001 and Act No. 4628 the third paragraph of article 1 of the law on electricity market (31)-numbered subparagraph has been changed as follows.
"31. Transmission facility: 36 kV higher voltage level of Production also is bound to from the point of transmission substations of medium voltage feeders, including distribution facilities to port facilities," article 2-the third paragraph of article 2 of the law No. 4628 the fourth sub paragraph (a) and (g) the following fourth paragraph is modified, (c) of subsection in the last paragraph after the phrase "control" almost here "authority" phrase has been added , the article 3 (c) of subsection (3) in the second subparagraph of paragraph number located in the lower "in the private sector" has been amended in the form of the phrase "private sector".
"Subjected to the provisions of private law that may operate in the market of legal entities, according to the provisions of the Turkish commercial code no. 6762 joint stock company or limited liability company establishment and as joint-stock company according to the capital market regulations non-traded shares must be registered shares. These companies are the main issues that need to be found in regulation contract. "
"a legal person that may indicate production activity): private sector manufacturing companies, electricity generation Company, electricity production, incorporated new companies formed by configuring other public production from the otoprodüktör and otoprodüktör groups. The private sector and the public in accordance with the production companies, licenses for natural and legal persons makes the sale of electrical energy and/or capacity. "
"g) industrial zones: industrial zones established under law No. 4562 organized industrial zones of legal personality, in order to meet the needs of participants; approved within the limits according to the provisions of the Turkish commercial code no. 6762 building a Foundation without seeking licensing requirement, provided that the distribution and/or production activities take.
Organized industrial zones of legal personality, in order to meet the needs of electricity consumption of the participants regardless of the amount of free consumers.
Organized industrial zone are free consumer limit participants of consumers, organized industrial zone to select a distribution fee, provided that the suppliers have to pay.
Organized industrial zones, produces or releases as provided by consumers of electrical energy; presentation of the use of the participants, the distribution price determination of the scope of this clause of the organized industrial zone to perform such activities, principles and guidelines, taking the opinion of the Ministry of industry and Trade will be prepared by the authority is determined by the regulation.
Organized industrial zones is free of charge within the boundaries or symbolic when the cost of ownership and operation transferred to TEDAS with rights within three months at the same price are transferred to the respective industrial zone. "
Article 3-the first paragraph of article 11, Law No. 4628 (a), (b), (c), (d), (e) and (f) the second paragraph with clauses has been changed as follows.
request information by the Board or in-place "a) review in cases; the requested information is incorrect, incomplete or misleading identification or no information be given or granted on-site review imkânının warranties, as information within 15 days and/or providing examine imkânının warning. A written warning against continuing their State, despite being stalked new Turkish Lira administrative fine is issued. "
"the provisions of this law and the regulations issued b), instruction and notification in the event of detection of acts contrary to, within thirty days of violation is and despite a written warning, warning against the Elimination of States interested in perpetuating, 800.000 new Turkish Lira administrative fine is issued."
General principles and obligations "c) license of any of the preceding requirements will be refused in the event that the identification, correction notice within thirty days. A written warning, although interested in perpetuating their exception, üçyüzbin new Turkish Lira administrative fine is issued. "
in the license application or license "d) remain in the provision of the license sought during conditions, presenting or misleading information or false documents affect the license requirements and licensing should not expose to the Board changes in the license will be revoked. However, the aforementioned license terms document is unrealistic or misleading information or correction in the event of the occurrence of possible change in, correction notice within thirty days. A written warning, although interested in perpetuating their exception, dörtyüzbin new Turkish Lira administrative fine is issued. "
throughout the lifetime of a relationship "e) violating the prohibition on participation of the license grants in the event, is the correction of participating in strikes within thirty days. Written warning, although interested in perpetuating their exception, four education and new Turkish Lira administrative fine is issued. "
"the activity is outside the scope of the market represented by f) in the event the license determination, within 15 days of the suspension of the activity against the activity out of scope or caveat. A written warning, although interested in perpetuating their exception, wants 500,000 new Turkish Lira administrative fine is issued. "
"The above board for verbs that require fines depending on the nature of the verb, you can apply different strike durations. The contact details of the enforcement of fines concerned fines subject verb; the product cannot be repaired within the period of notice, the given forms fines or repeated, 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 the processing is based on the iteration of the previous penalties. However, the same verb in two years will be implemented by increasing the money in the penalty amount to be processed again, 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. "
Article 4-the first paragraph of article 14 of the law No. 4628 after arriving the following paragraph has been added.
"The activity field and distribution of TEDAS is required for business activity and reserved the ownership of the assets, determined by TEDAS with distribution areas between electricity distribution companies established to operate business as Rev agreement can be arranged."
Article 5-article 15 of the law numbered 4628 (c) and (d) the following item modified in the following manner and jokes (e) clause has been added.
"c) Expropriation: electricity market located in the production and/or distribution activities licensed private law corporate bodies are evaluated by the authority and in accordance with the expropriation claims in the event of the expropriation Act No. 2942 see principles stated Which the expropriation is made. This topic will be given by the decision of the expropriation decisions in the public interest. In this case the cost of the expropriation the expropriation process with other expenses imposed by the expropriation shall be paid by the licensee requesting entity.
When the production or distribution of ownership ownership of expropriated property to the relevant public institution or the lack of them is in the Treasury. On behalf of the Ministry of Finance on the registered immovable treasure expropriation paying the price of the license holder private law legal persons when the free easement in favor of. The validity of the right to an easement is limited to the license's validity period. As the owner of legal persons when the distribution license of new releases of the expropriation expropriation costs and made other expenses taken back through tariffs. In the event of termination or cancellation of the license, the license has been paid by licensees of the expropriation fees are non-refundable. However, at the end of the period the distribution license tariffs are not taken back by way of expropriation fees will be refunded.
Has the public legal entity licensed legal persons conducted is required for the production, distribution or transmission activities related to the expropriation of real estate operations performed by these entities and is registered in the name of the expropriated immovable are legal persons. But 3/3/2001 after the owner of the production, distribution or transmission license public entities entered the date this law comes into force and in favor of the Treasure they expropriated immovable on behalf of this are handed over to public legal bodies free of charge.

within the framework of Law No. 4046 Customization Applications customized licensee where the distribution areas of legal entities in business, customization of the existing distribution facilities as of expropriation the expropriation of immovable operations can be performed costs and other expenses are paid by the legal entity that owns the license. These costs must be presented for documents, at the latest within thirty days, paid from the budget licensee of legal persons.
Private law legal persons is required for the production or distribution activities that are executed when the treasure belongs to the immovable the immovable belonging to public institutions or organizations other than those, Which applied to Article 30 of Act No. 2942 Expropriation. When production or distribution of this immovable property related to public institutions or organization that has, in the absence of these belong to the Treasury.
d) Easement, for permission to use and operate the production or distribution of the Market rental: licensee private law legal persons, with regard to the activities of Treasury-owned are not transported under the provisions of the State and saving over or appurtenances facility, in order to request permission to use or lease with the Foundation. This demand, in accordance with the relevant legislation be seen appropriate by the Ministry of finance with licensed private law legal persons, including limited licence term easement between plant, for permission to use or lease contract. In these contracts, the contract's validity will be limited to the provision of the license validity period. In this way the appurtenances, for permission to use or lease liability to pay for the license holder belongs to legal entities of private law.
Has the public entity in the market licensed legal persons executed as is necessary for the production, distribution or transmission activities, Treasury-owned or in relation to immovable property under the terms of the State and conservation easement granted permission to use the facility or in the event, the Ministry of finance to be requested by the relevant public entities in favor of license is free of charge for the duration of the easement is granted permission to use or facility.
e) Agency, is not subject to the provisions of the law on misdemeanors, 5236 numbered. "
Article 6-Act No. 4628 the following volatile substances have been added.
"PROVISIONAL ARTICLE 9-subjected to regulate tariffs through the purchase of electric energy field between consumers, distribution regions due to differences in cost are existing price differences to protect has been partially or completely when a temporary" Price synchronization mechanism "will be applied. Price Synchronization Mekanizmasına principles and procedures with Turkey electricity trading and Contracting Company and the owner of the distribution companies retail license application with the duties and obligations for the Undersecretariat of the Treasury, the Ministry shall be taken in the opinions to be issued within sixty days of notification by the Board shall be regulated. Price will be applied to the synchronization Mechanism transition period ends on Dec. 31. For the first application period ended on that date, national tariff the tariff made by TEDAS bids, based on the application requirements and the way in which proposals are approved by the Board. This term is applied to the Subscriber during a cross between groups of subsidies. In this context, TEDAŞ by first covering the period made the institution in a way that application rates will be applied to the Subscriber groups offer cross-sübvansiyona also. The Board approved these tariffs with cross-subsidy, however, the Council of Ministers to be held within the framework of the proposal can be changed with. During the transition period all accounts, law No. 4628 and related legislation in this area as appropriate.
"TRANSITIONAL ARTICLE 10-Turkey electricity trading and Contracting Company, electricity production joint stock company, the owner of retail license distribution companies, electricity production, incorporated new groups or configuring the public manufacturing companies does not exceed five years, between the period to period of transition for the energy purchase and sale agreements signed. The rights and obligations relating to the agreement, in parallel with the privatization of the production and distribution assets of licensors. These agreements excepted from stamp tax. "
"TRANSITIONAL ARTICLE 11-Turkey no. 3096 Electric Co. electricity generation, transmission, distribution and Organizations other than Trade according to the provisions of the law on the appointment with the build-operate-transfer agreement with the Ministry, who was but without going into business agreements have ended or will end companies, electricity market law No. 4628 taking activities in order to retain their license under the contract the build-operate-transfer of easement for the establishment of facilities has been the Treasure lands, facilities of value through fair price without regard to muh desat Ministry of finance sold directly to the company."
"TRANSITIONAL ARTICLE 12-electrical power with electricity distribution companies and/or company in the privatization of 31/12/2010 will be held until the date of the merger, Division, partial Division of the operation emerged as excepted from corporate tax gains. The scope of the item due to the formation of damage actions to take in the event that damage in the determination of the premises is not taken into account. The main characteristic of this Division operations Division carried out under the corporate tax law is considered to be the process.
Under this item, delivery and services are excepted from value added tax. The aforementioned means of delivery and service included taxes, taxable transactions downloaded from the calculated value added tax due. Discount can not be resolved through value added tax is not refundable. This article in the transactions within the scope of the provisions of the Turkish Commercial Law No. 6762 related. "
Article 7-this law comes into force the date of promulgation.
Article 8-the provisions of this law, the Council of Ministers.