Turkey: Key Notes On The Legal Developments Of January 2013

Last Updated: 28 February 2013
Article by Erdem & Erdem

International Agreements

  • The Resolution of the Council of Ministers dated 12.12.2012 pertaining to the Ratification by Law dated 30.10.2012 and numbered 6357 of the Agreement between the Ministry of Agriculture and Rural Affairs of the Republic of Turkey and the Ministry of Agriculture and Food Industry of the Republic of Moldova on Economic, Scientific and Technical Collaboration in the Field of Agriculture, that was signed in Ankara on 04.06.2003, was published in the Official Gazette dated 03.01.2013 and numbered 28517.
  • The Resolution of the Council of Ministers dated 17.12.2012 pertaining to the Ratification of the Protocol of the Meeting of the Turkish-Romanian Joint Committee on Road Transport that was signed in Bucharest on 03.10.2012 was published in the Official Gazette dated 05.01.2013 and numbered 28519.
  • The Law on the Approval of the Ratification of the Partnership Agreement Establishing a Free Trade Zone between the Republic of Turkey and the Lebanese Republic entered into force through publication in the Official Gazette dated 24.01.2013 and numbered 28538.
  • The Law on the Approval of the Ratification of the Free Trade Agreement between the Republic of Turkey and the Republic of Mauritius entered into force through publication in the Official Gazette dated 24.01.2013 and numbered 28538.

Resolutions of the Council of Ministers

  • The Resolution of the Council of Ministers dated 28.12.2012 on the Amendment of the Resolution Concerning the Benefit to be Provided in These Transactions Including the Deposit and Credit Interest Rates and Participation Accounts, Participation Rate to Profit and Loss and Private Current Accounts was published in the Official Gazette dated 01.01.2013 and numbered 28515.
  • The Resolution of the Council of Ministers dated 28.12.2012 on the Extension of the Application Periods set forth in paragraph three of Article 6 of the Law Supporting the Development of Forest Peasants and the Utilization of Areas Excluded from the Forest Boundaries on behalf of the Treasury and the Sale of Farm Land Belonging to the Treasury was published in the Official Gazette dated 10.01.2013 and numbered 28524.
  • The Resolution of the Council of Ministers dated 24.12.2012 on the Transfer of Turkish Petroleum International Limited Liability Company, which is a subsidiary of Turkish Petroleum Corporation, along with its Pipe Lines to Petroleum Transport Corporation entered into force through publication in the Official Gazette dated 22.01.2013 and numbered 28536.
  • The Resolution of the Council of Ministers dated 11.01.2012 pertaining to the Amendment to the Resolution on the Clean Export Loan and Exemption of Taxes, Duties and Charges was published in the Official Gazette dated 23.01.2013 and numbered 28537.  The Resolution entered into force through publication to be valid as of 01.01.2013.
  • The Resolution of the Council of Ministers dated  19.12.2012 on the Assessment of the Companies Subject to Independent Auditing was published in the Official Gazette dated 23.01.2013 and numbered 28537. The Resolution entered into force through publication to be valid as of 01.01.2013.
  • The Resolution of the Council of Ministers dated 14.02.1012 on the Privatization of the Shares of Türk Telekom A.Ş owned by the Treasury entered into force through publication in the Official Gazette dated 23.01.2013 and numbered 28537.

Legislation

  • The Regulation on the Amendment of the Tender Regulation on Foundation Cultural Properties entered into force through publication in the Official Gazette dated 02.01.2013 and numbered 28516.
  • The Communiqué pertaining to the Fee Tariff to be Applied by the Turkish Patent Institute (BIK/TPI 2013/1) was published in the Official Gazette dated 03.01.2013 and numbered 28517.
  • The Regulation on the Amendment of the Road Transport Regulation entered into force through publication in the Official Gazette dated 04.01.2013 and numbered 28518.
  • The National Estate General Communiqué (Series No: 350) was published in the Official Gazette dated 04.01.2013 and numbered 28518. The National Estate General Communiqué (Series No: 337), published in the Official Gazette dated 28.12.2011 and numbered 28156, was abrogated.
  • The Communiqué on the Amendment of the Communiqué Pertaining to the Implementation of Tariff Quotas on the Importation of Certain Agricultural and Cultivated Agricultural Goods Pursuant to the Bilateral Agreements was published in the Official Gazette dated 04.01.2013 and numbered 28518. The Communiqué entered into force through publication on 01.01.2013.
  • The Communiqué on the Amendment of the Communiqué pertaining to the Inward Processing Regime (Export: 2006/12) entered into force through publication in the Official Gazette dated 07.01.2013 and numbered 28521.
  • The Communiqué on the Amendment of the Communiqué pertaining to Sales and Deliveries deemed Exports (Export 2013/2) entered into force through publication in the Official Gazette dated 07.01.2013 and numbered 28521.
  • The Communiqué on Protection Measures in Importation (No:2013/1) entered into force through publication in the Official Gazette dated 08.01.2013 and numbered  28522.
  • The Regulation on the Amendment of the Central Bank of the Republic of Turkey Audit Regulation entered into force through publication in the Official Gazette dated 09.01.2013 and numbered 28523.
  • The Regulation on the Amendment of the Regulation on the Recording and Approval of Transactions of Food Enterprises entered into force through publication in the Official Gazette dated 10.01.2013 and numbered 28524.
  • The Regulation pertaining to the Easement of Customs Transactions entered into force through publication in the Official Gazette dated 10.01.2013 and numbered 28524.
  • The Regulation on the Amendment of the Customs Regulation entered into force through publication in the Official Gazette dated 10.01.2013 and numbered 28524.
  • The Regulation on the Amendment of the Regulation regarding the Procedures and Principles on Forming Multiple Partnerships with More than One Media Service Provider entered into force through publication in the Official Gazette dated 10.01.2013 and numbered 28524.
  • The Abrogation of the Communiqué on the Management of Tariff Quotas in Importation (Communiqué No: 2012/1) was published in the Official Gazette dated 10.01.2013 and numbered 28524. The Communiqué entered into force through publication, to be valid as of 31.12.2012.
  • The Communiqué on the Amendment of the General Customs Communiqué (Customs Transactions) (Series No: 16) entered into force through publication in the Official Gazette dated 10.01.2013 and numbered 28524.
  • The Communiqué on the Amendment of the General Customs Communiqué concerning Customs Approved Operator Status (Item No: 1) entered into force through publication in the Official Gazette dated 10.01.2013 and numbered 28524.
  • The Communiqué on the Amendment of the Communiqué pertaining to the Supervision Implementation in Import was published in the Official Gazette dated 12.01.2013 and numbered 28526. The Communiqué enters into force on the 30th day following the publication.
  • The Investment Program of 2013 was published in the Reiterated Official Gazette dated 12.01.2013 and numbered 28526.
  • The Communiqué on the Highway Transportation of Waste Products entered into force through publication in the Official Gazette dated 18.01.2013 and numbered 28532.
  • Law numbered 6384 on the Resolution of the Certain Applications Filed to the European Court of Human Rights by means of Payment of Compensation was published in the Official Gazette dated 19.01.2013 and numbered 28533. Article 5 of the Law entered into force one month after the publication date and other articles of the Law entered into force through publication.
  • The Regulation pertaining to Electronically Served Notifications was published in the Official Gazette dated 19.01.2013 and numbered 28533. The first sentence of the first paragraph, the second and third paragraphs of Article 7, the seventh paragraph of Article 13 and the tenth paragraph of Article 14 of the Regulation entered into force on 19.01.2013, and other provisions entered into force through publication.
  • The List of Incentive Certificates for the Month of December of the Year 2012 was published in the Official Gazette dated 22.01.2013 and numbered 28536.
  • The List of Incentive Certificates Cancelled in the Month of December of the Year 2012 was published in the Official Gazette dated 22.01.2013 and numbered 28536.
  • The Regulation on the Amendment of the Regulation on Associations was published in the Official Gazette dated 23.01.2013 and numbered 28537. The Regulation enters into force on 31.01.2013.
  • The Communiqué on the Amendment of the Communiqué (Communiqué No: 2009/8) pertaining to the Supervision Practices in Imports entered into force through publication in the Official Gazette dated 23.01.2013 and numbered 28537.
  • The Communiqué (No:2013/1) on the Amendment of the Communiqué (No: 2010/2)  pertaining to the Print Form of Checkbooks and the Amount Obliged to be Paid by Banks to the Bearer and Notification and Announcement of the Decisions on the Ban of Check Issuance and the Opening of Check Accounts was published in the Official Gazette dated 23.01.2013 and numbered 28537. The Communiqué entered into force on 25.01.2013.  
  • The Regulation on the Act on Mediation in Legal Disputes was published in the Official Gazette dated 26.01.2013 and numbered 28540. The Regulation enters into force on 22.06.2013.
  • The General Communiqué on Tax Procedural Law (Item No: 423) was published in the Official Gazette dated 26.01.2013 and numbered 28540.
  • The Trade Registry Regulation entered into force through publication in the Official Gazette dated 27.01.2013 and numbered 28541.
  • The Communiqué on the Abrogation of the Communiqué (Communiqué No: 2007/36) pertaining to the Supervision Practice in Imports was published in the Official Gazette dated 28.01.2013 and numbered 28542.
  • The Communiqué on the Abrogation of the Communiqué (Communiqué No: 2007/37) pertaining to the Supervision Practice in Import was published in the Official Gazette dated 28.01.2013 and numbered 28542.
  • The General Customs Communiqué (Customs Transactions) (Serial No: 102) entered into force through publication in the Official Gazette dated 28.01.2013 and numbered 28542.
  • The General Customs Communiqué (Customs Transactions) (Serial No: 103) entered into force through publication in the Official Gazette dated 28.01.2013 and numbered 28542.
  • The General Customs Communiqué (Customs Transactions) (Serial No: 104) entered into force through publication in the Official Gazette dated 28.01.2013 and numbered 28542.
  • The Regulation on the Amendment of the Regulation on Banks' Procurement of Support Services entered into force through publication in the Official Gazette dated 29.01.2013 and numbered 28543.
  • The Regulation on the Amendment of the Regulation pertaining to the Internal System of the Banks entered into force through publication in the Official Gazette dated 29.01.2013 and numbered 28543.
  • The Law on the Approval of the Ratification of the Agreement Establishing the African Participation Bank entered into force through publication in the Official Gazette dated 30.01.2013 and numbered 28544.
  • The Law on the Approval of the Ratification of the Agreement Establishing the African Development Fund entered into force through publication in the Official Gazette dated 30.01.2013 and numbered 28544.
  • The Law on the Approval of the Ratification of the Board of Governors Decision pertaining to the Amendment of the Main Agreement of the International Finance Corporation entered into force through publication in the Official Gazette dated 30.01.2013 and numbered 28544.
  • The Public Tender Communiqué (Communiqué No: 2013/1) was published in the Official Gazette dated 30.01.2013 and numbered 28544. The Communiqué enters into force on 01.02.2013.
  • The Communiqué on the Amendment of the Communiqué on the Processes and Technical Criteria Regarding Electronic Signatures entered into force through publication in the Official Gazette dated 30.01.2013 and numbered 28544.

Competition

  • The Board decided that an individual exemption should be granted to the "Tender Warehouse Contract" Lilly İlaç Tic. Ltd. Şti., signed separately with Beşer Ecza Deposu Tic. ve San. Ltd. Şti., Öz-sel Ecza Depoları Tic. ve Paz. A.Ş. and İmtaş Ecza Deposu ve Gereçleri San ve Tic. Ltd. Şti. (17.01.2013; 13-05/47-24)
  • The Board decided to issue a certificate of negative clearance for the "Call Center and Service Agreement," signed between Bayer Türk Kimya San. Ltd. Şti. and Skills In Healthcare Sağlık Ürünleri Pazarlama ve Tanıtım Hizmetleri A.Ş. (24.01.2013; 13-07/76-45)
  • The Board decided that individual exemption should be granted to the "Import and Distribution Agreement" signed between Efes Pazarlama ve Dağıtım Ticaret A.Ş. and Duvel Moortgat NV. (24.01.2013; 13-07/75-44)
  • The Board decided to issue a certificate of negative clearance for the expansion of the existing exchange protocol between Mechanical and Chemical Industry Corporation and General Directorate of Turkish Coal in terms of quantity and scope. (24.01.2013; 13-07/74-43)
  • The Board decided that in relation to the "Domestic Authorized Sellers Contracts" and "Industrial Customer Purchase Agreements" Trakya Cam Sanayii A.Ş. concluded with various groups of buyers, 1. individual exemptions should be granted to the relevant agreements; 2. In relation to the "Franchising Agreement on the Production and Marketing of Comprehensive or Standard Double or More Galzing Flat Glass / Coated Glass System Insulation Glass Units" a) relevant agreements did not fulfill the conditions listed in article 5 of the Act no 4054 due to the non-compete obligations placed on the buyers concerning Isıcam branded products, b) - Therefore, under paragraph 3, article 9 of the Act no 4054, the Presidency should be charged with rendering opinion to Trakya Cam Sanayii A.Ş., stating that the aforementioned violation in the agreements should be removed and the situation should be certified within 60 days following the notification of the reasoned decision, and that otherwise proceeding would be started under the Act no 4054. (24.01.2013; 13-07/73-42)
  • The Board decided that 1. the vertical relationship between BP Petrolleri A.Ş. and FSM Akaryakıt Pet. İnş. Tic. Ltd. Şti. comprised of an undated protocol, the Lease Agreement dated 03.12.2008 and the dealership agreement dated 25.06.2009 a) did not benefit from the exception provision regulated with article 5/a of the Communiqué no 2002/2, b) 2. benefited from the block exemption under the Communiqué no 2002/2 for a period of 5 years as of 03.12.2008 when tenancy rights were granted to BP Petrolleri A.Ş., but fell out of the scope of the exemption granted with the relevant Communiqué as of the same date, - The Board decided that an individual exemption could not be granted to the relevant vertical relationship under article 5 of the Act no 4054, either. (24.01.2013; 13-07/72-41)
  • The Board decided that individual exemption should be granted to the "Product Development and Manufacturing Agreement" signed between Tofaş Türk Otomobil Fabrikası A.Ş., Fiat Auto S.p.A. and Peugeot Citroen Automobiles S.A. stating that the Agreement fulfills the conditions set forth under article 5 of the Law numbered 4054.  (31.01.2013; 13-08/93-54)
  • The Board decided that a certificate of negative clearance will not be issued to the "Migros Ticaret A.Ş. ING Bank A.Ş.Cooperation Agreement" signed between ING Bank A.Ş.and Migros Ticaret A.Ş. stating that it is in violation of article 4 of the Law numbered 4054, nevetheless the Board decided that a block exemption will be granted to the said Agreement pursuant to Communiqué numbered 2002/2.(31.01.2013; 13-08/92-53)
  • The Board decided to issue a certificate of negative clearance for the agreements signed within the program with respect to the distribution of blood glucose meters branded ABBOTT and prepared by ABBOTT Laboratuarları İth. İhr. ve Tic. Ltd. Şti. (31.01.2013; 13-08/88-49)

Mergers & Acquisitions

Energy

  • The Regulation on the Amendment of the Electricity Transmission System Supply, Reliability and Quality Regulation entered into force through publication in the Official Gazette dated 03.01.2013 and numbered 28517.
  • The Regulation on the Amendment of the Electricity Market Network Regulation entered into force through publication in the Official Gazette dated 03.01.2013 and numbered 28517.
  • The Regulation on the Amendment of the Regulation pertaining to the Audits Conducted and the Procedures and Principles to be Followed in the Preliminary Investigation and Inquiries in the Liquefied Petroleum Gases (LPG) Market entered into force through publication in the Official Gazette dated 03.01.2013 and numbered 28517.
  • The Regulation Amending the Electricity Market Balancing and Reconciliation Regulation entered into force through publication in the Official Gazette dated 05.01.2013 and numbered 28519.
  • The Communiqué (Item no: 2013/1) on the Amendment of the Communiqué on Procurement of Authority Certificate to the Agencies and Establishments Providing Energy Efficiency Services (Item no:2012/4) entered into force through publication in the Official Gazette dated 05.01.2013 and numbered 28519.
  • Resolution numbered 4170-5 pertaining to the Permission granted to the Holders of a Distribution license by the Energy Market Regulation Board on the Fuel Trade between the distributors between the dates 01.01.2013-31.12.2015 in line with the applicable legislation of the Authority, and the Board Decision dated 22.04.2009 and numbered 2073 and the issues in the Oil Market Information System Regulation was published in the Official Gazette dated 05.01.2013 and dated 28519.
  • The Regulation on the Amendment to the Electricity Market License Regulation was published in the Official Gazette dated 10.01.2013 and numbered 28524. The Regulation enters into force through publication in the Official Gazette; Article 1 to be valid as of 01.01.2014 and other articles valid as of 01.01.2013.
  • The Regulation on the Amendment to the Oil Market Information System Regulation entered into force through publication in the Official Gazette dated 12.01.2013 and numbered 28526.
  • The Sector Report on the Oil Market of November 2012 was published on the website of the Energy Market Regulatory Authority on 14.01.2012.

Privatization

  • The Competition Board decided that the acquisition transaction of shares by the bidders Kayseri Şeker Fabrikası A.Ş or Ak-Can Şeker San. ve Tic. A.Ş. in the proportion of 9,9993 % of Kayseri Şeker Fabrikası AŞ belonging to the Directorate of Privatization Administration within their privatization by means of "restricted procedures" and with the method of "sale" as a block is out of the scope. (10.01.2013;13-03/24-15)
  • The Board did not find the approval of the acquisition of  100% of Gediz Elektrik Dağıtım A.Ş. shares by the bidders Elsan-Tümaş-Karaçay Joint Venture Group or Enerjisa Elektrik Dağıtım A.Ş. or Park Holding A.Ş. within their privatization by means of block sale of its 100% shares inconvenient. (10.01.2013;13-03/22-14)
  • The Board did not find the approval of the acquisition of  100% of Boğaziçi Elektrik Dağıtım A.Ş. shares by the bidders - Cengiz-Kolin-Limak Joint Venture Group or Elsan-Tümaş-Karaçay Joint Venture Group or Park Holding A.Ş. within their privatization by means of block sale of its 100% shares inconvenient. (10.01.2013;13-03/21-13)
  • The Board decided that, within the framework of the privatization of the Seyitömer Thermal Power Plant, the acquisition of the relevant plant and various assets by - Çelikler Taahhüt İnşaat ve Sanayi A.Ş., or - Eti Bakır A.Ş., or - Aksa Enerji Üretim A.Ş. could be authorized.

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