Turkey: Key Notes On The Legal Developments Of December 2012

Last Updated: 18 January 2013

International Agreements

  • The Resolution of the Council of Ministers dated 06.12.2012 pertaining to the ratification of IPARD Assistance Under Component 5 of the Instrument For Pre-Accession IPA Agreement between The European Commission and the Republic of Turkey amending the Multi-Annual Financing Agreement 2007-2010 was published in the Official Gazette dated 19.12.2012 and numbered 28502.
  • The Resolution of the Council of Ministers dated 06.12.2012 pertaining to the ratification of the Financing Agreement for the Turkish National Program of 2012 within the scope of Support of Mediator-Transitional Period prior to Succession and Institutional Structuring Component-Section 1-A between the Government of the Turkish Republic and the European Commission and, together with the Notes pertaining to the Declarations regarding the Agreement, was published in the Official Gazette dated 19.12.2012 and numbered 28502.
  • The Resolution of the Council of Ministers dated 26.11.2012 pertaining to the entry into force of the Grant Agreement between the Government of the Republic of Turkey, represented by the Undersecretariat of Treasury, Prime Ministry and the Organization For Economic Co-operation and Development (OECD) signed on  05.09.2012, was published in Official Gazette dated 21.12.2012 and numbered 28504.

 
Resolutions of the Council of Ministers

  • The Resolution of the Council of Ministers dated 05.11.2012 pertaining to the Amendment on the Decision Regarding the Procedures and Principles of the Application of Law No. 3996 Pertaining to the Execution of Certain Investments and Services Through the Build-Operate-Transfer Model was published in the Official Gazette dated 05.12.2012 and numbered 28488.
  • The Resolution of the Council of Ministers dated 31.10.2012 on the Urgent Expropriation of some Immovable Properties by the Akdeniz Electricity Distribution Corporation for the establishment of the Elmalı-Gömbe Energy Transmission Line in Antalya for registration on behalf of the General Directorate of the Turkish Electricity Distribution Corporation Energy was published in the Official Gazette dated 06.12.2012 and numbered 28489.
  • The Resolution of the Council of Ministers dated 09.11.2012 on the Urgent Expropriation of Immovable Property by the Energy Market Regulatory Authority on behalf of the Treasury for the establishment of Bedirdüzü-2 Hydroelectric Electricity Plant in Erzincan, Çayırlı district was published in the Official Gazette dated 06.12.2012 and numbered 28489.
  • The Resolution of the Council of Ministers dated 09.11.2012 on the Urgent Expropriation of some Immovable Properties by the Energy Market Regulatory Authority on behalf of the Treasury for the establishment of the Kuzey I-II Regulator and Hydroelectric Electricity Plant in Ordu, Kabataş district was published in the Official Gazette dated 06.12.2012 and numbered 28489.
  • The Resolution of the Council of Ministers dated 20.11.2012 on the Urgent Expropriation of some Immovable Properties by the Turkish Electricity Distribution Corporation Energy General Directorate on behalf of the Treasury for the establishment of the Türkgeldi KÖK-Düğüncübaşı-Oklalı Energy Transmission Line and the Türkgeldi Hayvancılık-Alacaoğlu Energy Transmission Line in Kırklareli, Lüleburgaz district was published in the Official Gazette dated 06.12.2012 and numbered 28489.
  • Amendment Resolution of the Council of Ministers dated 12.11.2012 pertaining to Resolution No. 32 on Protection of the Value of Turkish Currency was published in the Official Gazette dated 13.12.2012 and numbered 28496.
  • Amendment Resolution of the Council of Ministers dated 28.12.2012 pertaining to the Resolution on the Utilization of the Income Generated with regards to Implementation of Law No. 6292 on the Improvement and Development of Forest Villagers and To Reclaim Forests Excluded from National Forest Category  and the Sale of National Agricultural Areas was published in the Official Gazette dated 20.12.2012 and numbered 28503.
  • The Resolution of the Council of Ministers dated 04.12.2012 on the Urgent Expropriation of some Immovable Properties by the Energy Market Regulatory Authority on behalf of the Treasury for the establishment of the Akpınar Hydroelectric Electricity Plant located within the provincial border of Adıyaman and Kahramanmaraş was published in the Official Gazette dated 30.12.2012 and numbered 28513.
  • The Resolution of the Council of Ministers dated 04.12.2012 on the Urgent Expropriation of some Immovable Properties by the Energy Market Regulatory Authority on behalf of the Treasury for the establishment of the Sofular Hydroelectric Electricity Plant within the provincial border of Malatya and Sivas was published in the Official Gazette dated 30.12.2012 and numbered 28513.
  • The Resolution of the Council of Ministers dated 04.12.2012 on the Urgent Expropriation of some Immovable Properties by the Energy Market Regulatory Authority on behalf of the Treasury for the establishment of the Çağlayan Regulator and Hydroelectric Electricity Plant within the provincial border of Diyarbakır and Elazığ was published in the Official Gazette dated 31.12.2012 and numbered 28514.
  • The Resolution of the Council of Ministers dated 04.12.2012 on the Urgent Expropriation of some Immovable Properties by the Energy Market Regulatory Authority on behalf of the Treasury for the establishment of Okkayası Regulator and Şehitlik Hydroelectric Electricity Plant in Kahramanmaraş, central district was published in the Official Gazette dated 31.12.2012 and numbered 28514.
  • The Resolution of the Council of Ministers dated 04.12.2012 on the Urgent Expropriation of some Immovable Properties by the Energy Market Regulatory Authority on behalf of the Treasury for the establishment of Silivri Windpower Plant in İstanbul, Silivri district was published in the Official Gazette dated 31.12.2012 and numbered 28514.
  • The Resolution of the Council of Ministers dated 04.12.2012 on the Urgent Expropriation of some Immovable Properties by the Turkish Electricity Transmission Company General Directorate within the scope of the General Directorate's "154Kv Edirme Substation Renovation Project" was published in the Official Gazette dated 31.12.2012 and numbered 28514.
  • The Resolution of the Council of Ministers dated 04.12.2012 on the Urgent Expropriation of some Immovable Properties by the Energy Market Regulatory Authority on behalf of the Treasury for the establishment of a natural gas distribution system in Balıkesir, Susurluk district was published in the Official Gazette dated 31.12.2012 and numbered 28514.


Legislation

  • The Decision of the High Board of Privatization dated 31.11.2012 numbered 2012/173, 2012/174, 2012/175 and 2012/179 was published in the Official Gazette dated 04.12.2012 and numbered 28487.
  • The Regulation amending the Regulation pertaining to Opening a Workplace and Work Permits entered into force through publication in the Official Gazette dated 06.12.2012 and numbered 28486.
  • Communiqué on Increasing the Inferior Limit of Administrative Fines until 31.12.2013 with respect to article 16/1 of Act No. 4054 on the Protection of Competition (Communiqué No: 2013/1) was published in the Official Gazette dated 06.12.2012 numbered 28489. The Communiqué shall enter into force on 01.01.2013.
  • General Communiqué on Tax Procedural Law (Serial No: 420) was published in the Official Gazette dated 07.12.2012 numbered 28490.
  • Communiqué on the Application of Principles and Procedures pertaining to the General Investment and Financing Facility of 2013 was published in the Official Gazette dated 12.12.2012 and numbered 28495. Different dates of entry into force have been foreseen for different provisions of the Communiqué.
  • Financial Leasing, Factoring and Financing Companies Act No. 6361 entered into force through publication in the Official Gazette dated 13.12.2012 and numbered 28496.
  • Amendment Communiqué (Serial No: IV, No:62) on the Communiqué (Serial No: IV, No: 28) pertaining to the Principles and Procedures with regards to Keeping Records of Dematerialized Capital Market Instruments entered into force through publication in the Official Gazette dated 13.12.2012 and numbered 28496.
  • General Communiqué on Tax Procedural Law (Serial No:421) entered into force through publication in the Official Gazette dated 14.12.2012 and numbered 28497.
  • Communiqué on the Prevention of Unfair Competition in Imports (Communiqué No: 2012/25) entered into force through publication in the Official Gazette dated 14.12.2012 and numbered 28497.
  • Communiqué on the Prevention of Unfair Competition in Imports (Communiqué No: 2012/26) entered into force through publication in the Official Gazette dated 14.12.2012 and numbered 28497.
  • Communiqué on the Prevention of Unfair Competition in Imports (Communiqué No: 2012/27) entered into force through publication in the Official Gazette dated 14.12.2012 and numbered 28497.
  • The Amendment on the Regulation amending the Regulation amending the Regulation pertaining to Principles and Procedures on the Acceptance and Withdrawal of Deposit and Participation Fund and the Time-Bared Deposit, Participation Fund, Escrow and Receivables entered into force through publication, effective as of 01.11.2012, in the Official Gazette dated 14.12.2012 and numbered 28497.
  • The Decision of the High Board of Privatization dated 14.12.2012 and numbered 2012/183 was published in the Official Gazette dated 19.12.2012 and numbered 28502.
  • The Regulation amending the Regulation pertaining to the Risk Center of the Banks Association of Turkey  entered into force through publication in the Official Gazette dated 19.12.2012 and numbered 28502.
  • Communiqué on Commercial Books entered into force through publication in the Official Gazette dated 19.12.2012 and numbered 28502.
  • Amendment Communiqué (Transit Transactions) (Serial No:4) on the General Custom Communiqué (Transit Transactions) (Serial No:3) entered into force through publication in the Official Gazette dated 20.12.2012 and numbered 28503.
  • The Decision of the High Board of Privatization dated 19.12.2012 numbered 2012/184, 2012/185, 2012/186, 2012/187, 2012/188, 2012/189, 2012/190, 2012/191 and 2012/192 was published in the Official Gazette dated 20.12.2012 and numbered 28503.
  • Communiqué on the Protection Methods in Imports (Communiqué No: 2012/16) entered into force through publication in the Official Gazette dated 21.12.2012 and numbered 28504.
  • Amendment Communiqué (Serial No: 2012/4) pertaining to Communiqué (No: 2008/6) on International Bank Account Numbers entered into force through publication in the Official Gazette dated 21.12.2012 and numbered 28504.
  • The Regulation amending the Regulation pertaining to Principles of Implementation of Tariffs in the Highways Motor Vehicles Liability Insurance was published in the Official Gazette dated 25.12.2012 and numbered 28508. The regulation shall enter into force on 01.01.2013.
  • The Regulation amending the Regulation pertaining to the Determination of the Quality of Loans and Other Receivables of Banks and the Principles and Procedures on Provisions Allocated For Them entered into force through publication in the Official Gazette dated 25.12.2012 and numbered 28508.
  • Amendment Tariff and Directive pertaining to the Tariff and Directive on Compulsory Liability Insurance for Hazardous Materials was published in the Official Gazette dated 25.12.2012 and numbered 28508. The Tariff and Directive shall enter into force on 01.01.2013.
  • Amendment Tariff and Directive pertaining to the Tariff and Directive on Compulsory Highway Transport Financial Liability Insurance was published in the Official Gazette dated 25.12.2012 and numbered 28508. The Tariff and Directive shall enter into force on 01.01.2013.
  • Communique on the Principles and Procedures in Claims For Foreign Notification and Rogatory was published in the Official Gazette dated 25.12.2012 and dated 28508. The Communique shall enter into force on 01.01.2013.
  • Amendment Communiqué (Communique No: 2012/28) on the Communiqué pertaining to the Prevention of Unfair Competition in Imports (Communiqué No: 2008/33) entered into force through publication in the Official Gazette dated 25.12.2012 and numbered 28508.
  • Communiqué on Classification of Goods and Services with respect to Trademark Registry Applications (TPI: 2012/3) was published in the Official Gazette dated 25.12.2012 and numbered 28509. The Communiqué shall enter into force on 01.01.2013.
  • The Decision of the High Board of Privatization dated 20.12.2012 numbered 2012/196 was published in the Official Gazette dated 26.12.2012 and numbered 28509.
  • The Attestation Fee Tariff of 2013 was published in the Official Gazette dated 28.12.2012 and numbered 28511. The tariff shall enter into force on 01.01.2013.
  • Communiqué on the Compulsory Earthquake Insurance Tariff and Directive was published in the Official Gazette dated 29.12.2012 and numbered 28512. The second paragraph of the first article of the Communiqué shall enter into force on 01.03.2013 and the other provisions on 01.01.2013.
  • The General Conditions amending the General Conditions on Compulsory Earthquake Insurance Tariff was published in the Official Gazette dated 29.12.2012 and numbered 28512. The Tariff shall enter into force on 01.01.2013.
  • Communiqué on Determining the Default Interest Rate with respect to Late Payments Made to the Creditor for Supply of Goods and Services was published in the Official Gazette dated 29.12.2012 and numbered 28512. The Communiqué shall enter into force on 01.01.2013.
  • Amendment Communiqué (Communique No: 2012/3) on the Communiqué pertaining to Mergers and Acquisitions Requiring the Permission of the Competition Board (Communiqué No: 2010/4) was published in the Official Gazette dated 29.12.2012 and numbered 28512. The Communiqué shall enter into force on 01.01.2013.
  • The Decisions of High Board of Privatization dated 28.12.2012 numbered 2012/199 and 2012/200 was published in the Official Gazette dated 29.12.2012 and numbered 28512.
  • The Minimum Attorney Fee Tariff entered into force through publication in the Official Gazette dated 29.12.2012 and numbered 28512.
  • Communiqué on Liquidation and Deleting Trade Registry Entries of Joint-Stock and Limited Companies and Cooperatives Which Are Not Dissolved despite being Liquidated entered into force through publication in the Official Gazette dated 30.12.2012 and numbered 28513.
  • Communiqué on Supervision of Complying With the Standards in Import (Security and Supervision of Goods: 2013/1) was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. Provisional Article 1 of the Communiqué shall enter into force on 01.01.2013; the first paragraph of Article 6 and the fourth paragraph of Article 9 on 01.07.2013 and the others on 15.02.2013.
  • The Regulation on Independent Auditing entered into force through publication in the Official Gazette dated 26.12.2012 and numbered 28509.
  • Amendment Communiqué on the Communiqué pertaining to the Supervision Implementation in Imports (Communiqué No: 2012/7) entered into force through publication in the Official Gazette dated 29.12.2012 and numbered 28512, effective as of 15.12.2012.
  • The Capital Market Law entered into force through publication in the Official Gazette dated 30.12.2012 and numbered 28513.
  • Amendment Communiqué (Serial No: 2) on the Communiqué pertaining to Turkish Financial Reporting Standards with regards to Financial Instruments (TFRS 9) (Serial No: 172) entered into force through publication in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513.
  • Amendment Communiqué (Serial No: 3) on the Communiqué pertaining to Turkish Financial Reporting Standards with regards to Financial Instruments (TFRS 9) (Serial No: 211) entered into force through publication in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513.
  • TFRS 7 Financial Instruments: Amendment Communiqué (Serial No: 4) on the Communiqué pertaining to Turkish Financial Reporting Standards (TFRS 7) With Regards to the Explanations (Serial No: 42) entered into force through publication in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513.
  • The Regulation amending the Regulation pertaining to Technical Regulations in Foreign Trade and Standardization was published in the Official Gazette dated 31.12.2012 and numbered 28514. The Regulation shall enter into force on 01.02.2013.
  • General Custom Communiqué (Custom Transactions) (Serial No: 101) was published in the 4. Reiterated Official Gazette dated 31.12.2012 and numbered 28514. The Communiqué shall enter into force on 01.01.2013.
  • General Communiqué on Tax Procedural Code (Serial No: 422) was published in the 4. Reiterated Official Gazette dated 31.12.2012 and numbered 28514.
  • General Communiqué on Value Added Tax (Serial No: 121) was published in the 4. Reiterated Official Gazette dated 31.12.2012 and numbered 28514.
  • Amendment Communiqué (Serial No: V, No: 133) on the Communiqué pertaining to the Purchase of Credit, Short Selling and Borrowing and Lending Transactions of Capital Market Instruments (Serial No: V, No:65) entered into force through publication in the 4. Reiterated Official Gazette dated 31.12.2012 and numbered 28514.

  • Competition
  • The Competition Board ("Board") authorized the provision of compulsory traffic insurance sales services by TÜVTURK Kuzey Taşıt Muayene İstasyonları Yapım ve İşletim A.Ş. and TÜVTURK Güney Taşıt Muayene İstasyonları Yapım ve İşletim A.Ş. (06.12.2012, 12-60/1616-593).
  • As a result of the examination conducted in response to the request for the grant of a certificate of negative clearance to the Professional Classification Draft Recommendation and the Communiqué on the Structure and Work Principles and Procedures of the Fictitious Transaction Evaluation Committee, prepared by the Banks Association of Turkey and Participation Banks Association of Turkey in order to prevent fictitious transactions, the Board decided that no action was necessary under the Act no 4054. (13.12.2012, 12-64/1640-602).
  • As a result of the examination conducted in response to the claim that Act No. 4054 and Communiqué No. 2002/2 were violated by Opet Petrolcülük A.Ş. through vertical agreements and various practices, the Board decided that:The vertical relationship established with various contracts signed between Pendik Petrol Ürünleri İnşaat Turizm Gıda San. ve Tic. Ltd. Şti., Mustafa YILMAZ and Opet Petrolcülük A.Ş. benefited from the block exemption granted by the Communiqué No. 2002/2 until 08.07.2012; and that it was out of the scope of the block exemption after that date; that the relationship did not fall under the exception provision in Article 5/a of the same Communiqué;
    2- However,  due to the fact that under the relevant vertical agreement a new gas station was established on a property over which there was previously no liquid fuel dealership business and the investment costs for the station were covered by Opet Petrolcülük A.Ş., the relevant vertical agreement should be granted an individual exemption for 10 years as of 07.08.2007, provided that the parties agree to allow the dealership to terminate the agreement by making a payment corresponding to any remaining duration of the relationship-specific investment covered by Opet Petrolcülük A.Ş. (19.12.2012, 12-65/1650-605).
  • The Board authorized the information sharing of Toyota Pazarlama ve Satış A.Ş. with its authorized seller and services within the scope of "Dealer Management System". (27.12.2012,12-68/1695-629)

 
Mergers & Acquisitions

  • The Board decided that, within the framework of the privatization of 100% of the shares of Akdeniz Elektrik Dağıtım A.Ş. via the block sales method, the acquisition of the aforementioned shares by any of the bidders, Cengiz-Kolin-Limak Joint Venture Group or GENPA Telekomünikasyon ve İletişim Hizmetleri San. ve Tic. A.Ş. or Elsan-Tümaş-Karaçay Joint Venture Group could be authorized. (06.12.2012, 12-62/1632-597)  
  • The Board authorized Mayıs Gayrimenkul Taahhüt İnşaat Sanayi ve Ticaret Ltd. Şti.'s acquisition of 56.09% of the shares in Doğusan Boru Sanayi ve Ticaret A.Ş., currently owned by İller Bankası Genel Müdürlüğü (General Directorate of Provincial Bank). (06.12.2012, 12-62/1622-596)
  • The Board authorized the establishment of a joint venture under the title KS EP Investments B.V. by MOL Hungarian Oil and Gas Plc and JSC KazMunaiGas Exploration Production. (06.12.2012, 12-62/1608-585)
  • The Board authorized the share transfer transaction which would result in the transfer of EBC Eczacıbaşı-Beiersdorf Kozmetik Ürünler San. ve Tic. A.Ş. from the joint control of Beiersdorf AG and the Eczacıbaşı Corporate Group to the sole control of Beiersdorf AG. (06.12.2012, 12-62/1609-586)
  • As a result of the examination conducted in response to the authorization of the acquisition of operation rights for a period of 25 years, within the scope of the privatization of motorways and bridges maintained, repaired and operated by the Directorate General for Highways, the Board decided that: Acquisition by:
    - Nurol Holding A.Ş.-MV Holding A.Ş.-Alsim Alarko San. Tes. ve Tic. A.Ş.- Kalyon İnş. San. ve Tic. A.Ş.-Fernas İnş. A.Ş. Joint Venture Group,
    - Koç Holding A.Ş.-UEM Group Berhad-Gözde Gir. Ser. Yat. Ortaklığı A.Ş. Joint Venture Group and
    - Autostrade Per I'Italia S.P.A-Doğuş Holding A.Ş.-Makyol İnş. San. Tur. ve Tic. AŞ.-Akfen Holding A.Ş. Joint Venture Group was subject to authorization in accordance with Article 7 of Act No. 4054 of  Communiqué No. 1998/4 entitled "Communiqué  on the Procedures and Principles to be Pursued in Pre-Notifications and Authorization Applications to be Filed with the Competition Authority in order for Acquisitions via Privatization to Become Legally Valid";
    2- A potential acquisition by any of the aforementioned bidders would not lead to the creation or strengthening of a dominant position as prohibited by the same article of the Act and, consequently to a significant lessening of competition within the relevant market; thus the notified transactions should be authorized. (13.12.2012, 12-64/1639-601)
  • The Board authorized the acquisition of 74.25% of the shares of Doors Holding A.Ş. by Nahita Restoran İşletmeciliği ve Yatırım A.Ş. and Garanti Turizm Yatırım ve İşletme A.Ş., Doğuş Holding A.Ş., Doğuş Turizm Sağlık Yatırımları ve İşletmeciliği San. ve Tic. A.Ş. and Arena Giyim Sanayi Turizm ve Ticaret A.Ş. (19.12.2012, 12-65/1653-608)
  • In response to the request for authorization of Eyyüpoğlu Mühendislik Elektrik Enerjisi Toptan Satış Ltd. Şti's acquisition of the operation rights of Bozüyük, Haraklı-Hendek and Pazarköy-Akyazı hydroelectric plants, which are among the group of Elektrik Üretim A.Ş.'s power plants to be privatized, was authorized.   The Board decided that:Eyyüpoğlu Mühendislik Elektrik Enerjisi Toptan Satış Ltd. Şti.'s acquisition of Bozüyük, Haraklı-Hendek and Pazarköy-Akyazı hydroelectric plants, which are owned by Elektrik Üretim A.Ş., within the framework of their privatization via the transfer of operation rights was subject to authorization by the Competition Board under the "Communiqué on the Procedures and Principles to be Pursued in Pre-Notifications and Authorization Applications to be Filed with the Competition Authority in order for Acquisitions via Privatization to Become Legally Valid, No. 1998/4";
    2- The acquisition would not result in the creation or strengthening of a dominant position, and thus in significant lessening of competition within the relevant market.  Therefore, the relevant acquisition should be authorized in accordance with Article 7 of Act No. 4054 as well as with the "Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board" numbered 2010/4. (19.12.2012, 65/1651-606)
  • The Board authorized the establishment of a joint venture company operating in the venture capital investment services market in Turkey by Doğuş Holding A.Ş. and Solaris Partners Pte Ltd. (27.12.2012, 12-68/1692-627)
  • The Board authorized the acquisition of all current common stocks of Eurobank Ergasias by National Bank of Greece S.A. (27.12.2012, 12-68/1691-626)
  • The Board authorized the acquisition of ISE Holding L.P's shares in ISE Beteiligungs GmbH by Grupo Proeza S.A.P.I. de C.V. through Metalsa Germany GmbH. (27.12.2012, 12-68/1690-625)
  • The Board authorized the establishment of joint control over Medyamaks Maksimum Reklam İletişim Film Prod. Paz. Yay. Hiz. ve Tic. A.Ş. by Havas Management España, S.L. with Ayşe Fisun Medran and Başak Narin Erkıran Görenler. (27.12.2012, 12-68/1680-616)
  • The Board authorized the acquisition of control of Abraaj Viking Management Limited, Viking Services Management Limited and Viking Services Investment L.P jointly by XR Investment Holding, Abraaj Group and the Dalea Group through the acquisition of 42.96% of the shares of Abraaj Viking Management Limited by XRC3 Limited. (27.12.2012, 12-68/1704-630)

Energy

  • The Regulation amending the Regulation on Natural Gas Market Tariffs entered into force through publication in the Official Gazette dated 13.12.2012 numbered 28496.
  • The Communiqué on Pecuniary Penalties to be Applicable in 2013 Pursuant to Article 11 of the Electricity Market Law; the Communiqué on Pecuniary Penalties to be Applicable in 2013 Pursuant to Amendment of Article 9 of the Electricity Market Law and Article 9 of the Law on the Natural Gas Market; the Communiqué on Pecuniary Penalties to be Applicable in 2013 Pursuant to Article 19 of the Petroleum Market Law; the Communiqué on Pecuniary Penalties to be Applicable in 2013 Pursuant to the Liquefied Petroleum Gas Market Law and Amendment of Article 16 of the Electricity Market Law were published in the Official Gazette dated 19.12.2012 and numbered 28502.
  • The Regulation on Service Quality with respect to Electricity Distribution and Retail Sales entered into force through publication in the Official Gazette dated 21.12.2012 numbered 28504.
  • The Regulation amending the Regulation pertaining to National Marker Implementation in the Oil Market entered into force through publication in the Official Gazette dated 29.12.2012 and numbered 28512.
  • The Regulation amending the Electricity Market Distribution Regulation was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013.
  • The Regulation amending the Electricity Market Balancing and Settlement Regulation was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013.
  • The Regulation amending the Electricity Market Import and Export Regulation was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013.
  • The Regulation amending the Electricity Market Licensing Regulation was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013.
  • The Regulation amending the Regulation concerning Unlicensed Generation of Electricity in the Electricity Market was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013.
  • The Regulation amending the Regulation on Certification and Supporting of Renewable Energy Sources was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013.
  • Amendment Communiqué on the Communiqué on Drawing up a Retail Sales Agreement in the Electricity Market was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013.
  • Amendment Communiqué on the Communiqué pertaining to Regulating Revenue From Retail Sales Services and Retail Energy Sales Prices was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013.
  • Amendment Communiqué on the Communiqué concerning the Applications of the Unlicensed Generation of Electricity in the Electricity Market Regulation was published in the 2. Reiterated Official Gazette dated 30.12.2012 and numbered 28513. The Regulation shall enter into force on 01.01.2013

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Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

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Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions