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ENERGY MARKETS LEGISLATION CHANGES

PETROLEUM MARKET AMENDMENT

Miscellaneous provisions of the “Petroleum Market Licensing Regulation” have been amended and new provisions have been added with the Regulation on Amendment of the Petroleum Market Licensing Regulation published in the Official Gazette dated 07/02/2020.

Miscellaneous provisions of the “Petroleum Market Licensing Regulation” have been amended and new provisions have been added with the Regulation on Amendment of the Petroleum Market Licensing Regulation published in the Official Gazette dated 28/07/2020.

PETROLEUM MARKET BOARD DECISIONS

With the EMRA Board Decision published in the Official Gazette on 11/01/2020, “Decision Amending the Board Decision on Crude Oil, Fuel Oil, Bunker Fuel, Mineral Oil, Base Oil and Petroleum Related Substances” dated 07/12/2016 and numbered 6648 was adopted and the first paragraph of the 2 article of the related board decision was amended.

With the EMRA Board Decision published in the Official Gazette on 18/02/2020, “Board Decision Amending the Board Decision on Differentiated Fuels” was accepted and Provisional Article 1 of the relevant board decision was amended.

With the EMRA Board Decision published in the Official Gazette on 25/02/2020, “Board Decision No. 7742 Amending the Decision Regarding Fuel Trade Between Distributors” was made and various articles were amended.

ELECTRICITY MARKET

With the Official Gazette dated 03/03/2020, the “Regulation on the Amendment of the Electricity Market Connection and System Usage Regulation” was issued.

In Official Gazettes dated 08/03/2020 and 14/05/2020, The “Regulation on amending the Electricity Market Licensing Regulation “was issued and the” Electricity Market Licensing Regulation” was published with the latest version in the Official Gazette dated 14/05/2020.

With the amendment published in the Official Gazette dated 01/03/2020, the final version of the “Electricity Grid Regulation” has been published.

With the amendment published in the Official Gazette dated 08/03/2020, the final version of the “Regulation on Certification and Support of Renewable Energy Resources” has been published.

With the amendment published in the Official Gazette dated 21/04/2020, the final version of the “Regulation on Quality of Service for Electricity Distribution and Retail Sales” has been published. 

With the Official Gazette dated 19/06/2020, “Electricity Market Tariffs Regulation published in the Official Gazette dated 22/8/2015 and numbered 29453” is abrogated and a new version of the “Electricity Market Tariffs Regulation” has been published and shall be entered into force on 01/01/2021.

NOTE: At various times, amendment decisions regarding storage and transmission tariffs were taken by EMRA.

AMENDMENTS TO MISCELLANEOUS LAWS AND REGULATIONS

The Law on the Amendment of the Law on the Protection of Competition was published in the Official Gazette dated 16/01/2020 and the first paragraph of Article 5 of the Law on the Protection of Competition dated 1994 and numbered 4054 was amended.

With the Official Gazette dated 16/01/2020, It is regulated that the administrative fines are regulated in the article regarding the “Notice on Administrative Fines to be Applied in 2020 in accordance with Article 10 of the Energy Efficiency Law No. 5627” shall be applied by increasing the revaluation rate of 22.58% (twenty two point fifty eight), which is the 2019 revaluation rate

With the Official Gazette dated 25/01/2020, amendments were made in the “Regulation on Increasing Efficiency in the Use of Energy Resources and Energy” by issuing the “Regulation Amending the Regulation on Increasing Efficiency in the Use of Energy Resources and Energy” 

With the Official Gazette dated 28/02/2020, “Regulation on Paying Bonuses to Informants and Supplanters According to Anti-Smuggling Law No. 5607” published in the Official Gazette dated 30/10/2007 and numbered 26685 has been abrogated and the “Regulation on Paying Bonuses According to Anti-Smuggling Law No. 5607” has come into force.

With the Official Gazette dated 28/02/2020, by issuing the “Regulation on the Amendment of the Implementation Regulation Regarding the Delivery of Confiscated Fuel, Conduction, Liquidation and expenses that incurred According to the Anti-Smuggling Law No. 5607” amendments were made to the “Implementation Regulation on Delivery of Confiscated Fuel, Conduction, Liquidation and expenses incurred”.

With the Official Gazette dated 14/03/2020, amendments were made in the “Regulation on Increasing Efficiency in the Use of Energy Resources and Energy” by issuing the “Regulation Amending the Regulation on Increasing Efficiency in the Use of Energy Resources and Energy”.

THE MOST IMPOSED PENALTIES BY EMRA IN 2020

EMRA fines were imposed mostly for the following violations within the year;

Determination of the act of making fuel trade between distributors without the permission of the board,

Determination of the act of dealer’s automation system not containing accurate and consistent data and failure to notify the Authority of irregularities detected at the dealer,

Determination of the act of not fulfilling the national stock obligation,

Determination of the act of adulteration and/or possession of a product that can be added to the fuel for fraudulent purposes or adulterating the fuel,

Determination of the act of fuel supply and adulteration of fuel oil without adequate requirements and level of national marker and contrary to the relevant technical regulations,

Determination of the act of keeping hidden stable / portable tank, assembly, equipment at the fuel station Determination of the act of performing dealership activities even though the automation system does not work properly by operating except the rights granted by its license and refueling fuel other than its distributor,

Determination of the act of supplying fuel other than the distributor and interfering with the installed automation system,

Determination of the act of working in a facility where LPG filling / refueling and not all the person are included in the relevant SSI service have LPG Authorized Operation Personnel Certificate.