TURKISH ENERGY LAW AND ENERGY MARKET REGULATORY AUTHORITY

1. TURKISH ENERGY LAW AND ENERGY MARKET REGULATORY AUTHORITY Gözde Esen Sakar BENER LAW OFFICE Istanbul, Turkiye

2. INTRODUCTION • Turkey is a “natural bridge”. • Turkey is an “energy player” in the Middle East and Western energy markets. INTRODUCTION

3. INTRODUCTION • Turkey has a growing economy demanding more energy. • Natural gas in electricity production. • Domestic energy supplies and renewable energies.

4. REFORM IN THE ENERGY SECTOR • Significant steps toward energy market liberalization and privatization. • “Reform in the Energy Sector”

5. ENERGY LAWS AND REGULATIONS • The enactment of Electricty Market Law and Natural Gas Market Law in 2001. • The Electricity Market Regulatory Authority was established and it was later renamed as Energy Market Regulatory Authority .

6. ENERGY LAWS AND REGULATIONS • The Petroleum Market Law in 2003 and Liquefied Petroleum Gases Market Law in 2005 was enacted. • Code of Use of Renewable Energy Resources for the Generation of Electrical Energy which was entered into force on May 2005.

7. MAIN DUTY OF EMRA • Financially viable, stable and transparent  energy market, within a competitive environment in order to provide sufficient energy resources.

8. ELECTRICITY MARKET • The Turkish Electricity Authority (TEK), a public company having monopoly in the electricity sector, was restructured in 1993.

9. ELECTRICITY MARKET Electricity Market Law entered into force on March 3, 2001.

10. ELECTRICITY MARKET • Turkish Electricity Generation Transmission Company, which performs the activities of electricity generation, transmission, and wholesale, was legally unbundled and within this legal separation, three state owned entities were formed. • Thereby, the activities of electricity generation, transmission, distribution and trading are separated from each other through either legal or account unbundling.

11. LICENSE ACTIVITIES IN THE ELECTRICITY MARKET • All market activities in the electricity market are conducted under particular licenses obtained from EMRA. • Under no condition can licenses be transferred. • Licensees are under inspection of EMRA.

12. LICENSE ACTIVITIES IN THE ELECTRICITY MARKET • The transfers of shares of the licensee are subject to the Board approval of EMRA. • An acquisition of right to vote and pledging for the shares, allocation of the privilege on the shares, termination of a privilege and issuance of a dividend right certificate are subject to the Board approval of EMRA.

13. LICENSE TYPES IN THE ELECTRICITY MARKET • Duly established Turkish companies, granted a license by EMRA, may engage in generation, transmission, distribution, wholesale, retail sale, retail sale services, and import and export activities in the electricity market.

14. LICENSING PROCESS • The license application process are concluded within forty five days by EMRA. • If deemed necessary, that period may be extended by a decision of the Board of EMRA.

15. NATURAL GAS MARKET • The main duty of the Energy Market Regulatory Authority, which assumed regulatory responsibilities pertaining to the natural gas market with the enactment of Natural Gas Market Law is to put in place and to ensure the establishment of a liberal and competitive natural gas market. • According to Natural Gas Market Law, natural gas market activities are; import, export, wholesale, transmission and distribution of natural gas.

16. LICENSING IN THE NATURAL GAS MARKET • Import license, transmission license, storage license, wholesale license, distribution license, compressed natural gas (CNG) license and export license. • Licensing process is almost the same as electricity market licensing.

17. PETROLEUM MARKET The petroleum market in our country is being restructured as a consequence of the enactment of the Petroleum Market Law on December 2003.

18. PETROLEUM MARKET • Petroleum Market Law has entrusted in EMRA the duty, authority and responsibility for guidance, regulation, surveillance and supervision of the petroleum market.

19. LICENSING IN THE PETROLEUM MARKET LAW • Refining, distribution, transmission, storage, processing, lube oil, bunker delivery, transportation and vendor activity and elegible consumer. • As general qualifications, the persons to be granted licenses should be legal or real persons; - residing in Turkey, • having commercial or industrial registry, - income or corporate tax payer.

20. RENEWABLE ENERGY Utilization of renewable energy resources in Turkey as an alternative to fossil fuels has been promoted and encouraged particularly over last a few years.

21. RENEWABLE ENERGY • The renewable energy resources covered by the Law are wind (rüzgar), solar (günes), geothermal (jeotermal), biomass (biyokütle), biogas (biyogaz), wave (dalga), stream (akinti), tidal (gel-git), river (nehir) and arc (kanal) type hydroelectric generation facilities • Although geothermal energy is also covered by the Law, a separate draft Law on Geothermal Energy has been prepared by the Ministry of Energy and Natural Resources and transferred to the Parliament for enactment, which is currently under discussion in the relevant committees.

22. CONCLUSION • In short, the Energy market and local or foreign energy players in Turkey are subject to EMRA and its laws and regulations. • Pertaining to the economic sectors, within the framework of the new concept developed during the last decade, while the governments try to create an attractive environment for capital investments and trade through incentives, loans, tax/investment reduction and exemption, the administratively and financially autonomous regulatory authorities regulate the market activities in a stable, transparent and non-discriminatory manner to ensure the confidence of the investors.

23. THANK YOU... BENER LAW OFFICE Istanbul,Turkiye www.bener.av.tr inbox@bener.av.tr