Turkey: Key Notes On The Legal Developments Of February 2013

International Agreements

  • The Resolution of the Council of Ministers, dated 22.01.2013, pertaining to the ratification of the Economic and Financial Cooperation Protocol between the Government of the Republic of Turkey and the Turkish Republic of Northern Cyprus that was signed in Ankara on 04.12.2012, was published in the Official Gazette dated 06.02.2013 and numbered 28551.

Resolutions of the Council of Ministers

  • The Resolution of the Council of Ministers, dated 28.01.2013, on the Urgent Expropriation by the below stated General Directorate for the substation area and immovable properties located on connection road providing transportation to this area within the scope of "380kV Tortum Transformer Station and Connection Road Project" of the Turkish Electricity Transmission Corporation General Directorate was published in the Official Gazette dated 07.02.2013 and numbered 28552.
  • The Resolution on the Amendment to the Resolution of the Council of Ministers, dated 28.01.2013, on Government Aid in Investments was published in the Official Gazette dated 15.02.2013 and numbered 28560.

Legislation

  • The Law on the Amendment to the Law on Supporting the Development of Forest Villagers and Valuing the Areas Excluded from the Forest Boundaries On Behalf of the Treasury and Sale of Farm Land Belonging to the Treasury entered into force through publication in the Official Gazette dated 04.02.2013 and numbered 28549.
  • The Communiqué (Product Safety and Audit: 2013/25) amending the Communiqué on Commercial Quality Inspection for Import and Export of Certain Agricultural Products (Product Safety and Audit: 2013/21) entered into force through publication in the Official Gazette dated 05.02.2013 and numbered 28550.
  • The Communiqué on the Amendment to the Communiqué on the Implementation of Supervision of Imports (Communiqué No: 2006/13), (Communiqué No: 2007/30), (Communiqué No: 2007/33), (Communiqué No: 2008/19), (Communiqué No: 2011/2), (Communiqué No: 2012/1) entered into force through publication in the Official Gazette dated 05.02.2013 and numbered 28550.
  • The Communiqué on the Amendment to the Communiqué pertaining to the Implementation of Supervision and Protection Measures on Imports (Communiqué No: 2004/2), (Communiqué No: 2011/9) entered into force through publication in the Official Gazette dated 05.02.2013 and numbered 28550.
  • The Regulation on the Amendment to the Regulation Pertaining to the Working Procedures and Principles of Internal Auditors entered into force through publication in the Official Gazette dated 07.02.2013 and numbered 28552.
  • The Regulation on the Amendment of the Customs Regulation entered into force through publication in the Official Gazette dated 07.02.2013 and numbered 28552.
  • The Regulation on Repealing the Common Transit Regulation entered into force through publication in the Official Gazette dated 07.02.2013 and numbered 28552.
  • The Communiqué on the Implementation of Central Budgets for 2013 (Serial No: 5) was published in the Official Gazette dated 07.02.2013 and numbered 28552. The Communiqué entered into force through publication as of 01.01.2013.
  • The Regulation on the Repealing of the Regulation on Operating Licenses entered into force through publication in the Official Gazette dated 10.02.2013 and numbered 28555.
  • TFRS 7 Financial Instruments: The Communiqué (Serial No: 7) on the Amendment of the Communiqué on Turkish Financial Reporting Standards (TFRS 7) Regarding the Explanations (Serial No: 42) was published in the Official Gazette dated 11.02.2013 and numbered 28556.
  • Financial Instruments: The Communiqué (Serial No: 8) on the Amendment of the Communiqué Pertaining to Turkish Accounting Standards (TAS 32) with Respect To Submission (Serial No: 40) was published in the Official Gazette dated 11.02.2013 and numbered 28556.
  • The Regulation on Angel Investment Capital entered into force through publication in the Official Gazette dated 15.02.2013 ad numbered 28560.
  • The General Customs Communiqué (Entering into Free Movement) (Serial No: 13) was published in the Official Gazette dated 19.02.2013 and numbered 28564. This Communiqué shall enter into force 15 days after its publication.
  • Communiqué on the Amendment (No: 2013/3) to the Communiqué on Required Reserves (No: 2005/1) was published in the Official Gazette dated 20.02.2013 and numbered 28565. The Communiqué shall enter into force on 01.03.2013.
  • The Tax Procedures Code General Communiqué (Serial No: 424) entered into force through publication in the Official Gazette dated 21.02.2013 and numbered 28566.
  • The Communiqué on the Amendment (Serial: IV, No: 63) to the Communiqué on the Determination and Implementation of Institutional Management Principles (Serial: IV, No: 56) entered into force through publication in the Official Gazette dated 22.02.2013 and numbered 28567.
  • The Resolution of the Council of Ministers dated 28.01.2013 and numbered 2013/4286 on Principles of Incorporation and Duties of İhracat Kredi Bankası Anonim Şirketi was published in the Official Gazette dated 23.02.2013 and numbered 28568.
  • The Resolution of the Council of Ministers dated 22.02.2013 and numbered 2013/4345 Amending the Resolution on the Determination of Value Added Tax Ratios Implemented on Goods and Services was published in the Official Gazette dated 24.02.2013 and numbered 28569.

Competition

  • As a result of the examination conducted in response to the request for the authorization of the establishment of a joint venture between Sumitomo Rubber Industries, Ltd. and Abdulkadir Özcan Otomotiv Lastik San. ve Tic. A.Ş., the Competition Board ("Board") decided that: 1-The relevant transaction was not a joint venture transaction within the framework of Article 7 of Act No. 4054, as well as within the "Communiqué on Mergers and Acquisition Calling for the Authorization of the Competition Board, No. 2010/4", which was issued under the aforementioned article; 2-The cooperation agreements under examination, which were concluded in the area of production and distribution, could not be issued certificates of negative clearance under Article 8 of Act No. 4054 since they include competition-restricting effects which may fall under Article 4 of the same Act; 3- The cooperation agreements examined did not benefit from block exemption under Communiqué No. 2005/4, in accordance with Articles 2 and 3 of the same Communiqué; and 4- Since they were found to fulfill the conditions set out in Article 5 of Act No. 4054: a) the relevant agreements should be granted exemption in the market for the production and distribution of tires for passenger, light commercial and heavy commercial vehicles; and b) in the market for the production and distribution of tires for agricultural machines, in light of the market shares of the parties to the cooperation, agreements in this market should be granted an exemption for a period of 5 years. (06.02.2013, 13-09/119-65)
  • In response to the claim that Mey İçki San. ve Tic. A.Ş. prevents sales of rival products in points of sale of the rakı market, applies exclusivity for its products and makes the activities of its rivals difficult, the Board decided that initiating an investigation concerning the claim under Article 41 of Act No. 4054 was necessary. (18.02.2013)

Mergers & Acquisitions

  • The Board authorized the transfer of 22.114% of the shares in Global Liman İşletmeleri A.Ş. held by Savina Holding GmbH to Global Yatırım Holding A.Ş. by sale. (06.02.2013, 13-09/118-64)
  • Concerning the privatization of Arpaçay-Telek and Kiti hydroelectric power plants though the transfer of operating rights as part of the 9th Group among the power plants owned by Elektrik Üretim A.Ş., the Board decided that: 1- The acquisition of the aforementioned power plants by Metek Hidro Enerji San. ve Tic. A.Ş., to be established by Metaltek Metalurji Kimya Gıda San. ve Tic. Ltd. Şti. and Ekmekçioğlu Metal ve Kimya San. ve Tic. A.Ş. with a share ratio of 51% and 49%, was subject to authorization in accordance with Article 7 of the Act No. 4054 and "Communiqué No. 1998/4 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"; and 2- The aforementioned acquisition would not result in the creation or strengthening of a dominant position as described under the same article of the Act, and thus in a significant lessening of competition, therefore the notified transaction could be authorized. (06.02.2013, 13-09/116-62)
  • The Board authorized the acquisition, by Toshiba Medical Systems Corporation, of full control over TMST Tıbbi Sistemler Pazarlama Ticaret ve Servis A.Ş. (20.02.2013/13-11/162-84)
  • The Board authorized the establishment of joint control over TMST Nutrition Science Partners Limited by Nestlé Health Science S.A and Hutchison MedPharma Limited. (20.02.2013/13-11/161-83)

Energy

  • The Regulation on the Amendment to the Regulation on the Distribution and Customer Services of the Natural Gas Market entered into force through publication in the Official Gazette dated 13.02.2013 and numbered 28558.
  • The Communiqué on Administrative Fines to be Implemented in 2013 pursuant to Article 10 of the Energy Efficiency Law numbered 5627 (Serial No: 2013/3) was published in the Official Gazette dated 13.02.2013 and numbered 28558. The Communiqué entered into force on 01.01.2013.
  • The Regulation on the Amendment to the Regulation on Supporting the Energy Industry Research-Development Project Program entered into force through publication in the Official Gazette dated 21.02.2013 and numbered 28566.

Case Law

  • The Judgment of the Constitutional Court dated 22.03.2013 numbered E: 2011/125, K: 2012/46, regarding annulment of the phrase "The parties shall not submit the rejoinder and second bill of answer." included in paragraph (3) of Article 317 of the Civil Procedure Code dated 12.01.2011 and numbered 6100 was published in the Official Gazette dated 13.02.2013 and numbered 28558 and the Court declined the request.
  • The Judgment of the Constitutional Court, dated 24.05.2012 numbered E: 2011/134, K: 2012/83, regarding annulment of the phrase "The partial lawsuit shall not be filed where the amount of the claim is beyond dispute and definite." included in paragraph (2) of Article 109 of the Civil Procedure Code dated 12.01.2011 and numbered 6100 was published in the Official Gazette dated 13.02.2013 and numbered 28558 and the Court declined the request.
  • The Judgment of the Constitutional Court, dated 27.09.2012 numbered E: 2012/6, K: 2012/131, regarding annulment of the phrase "... or it is provided that it will be made by authorized auditing companies when requested. Procedures and principles for implementation regarding auditing companies shall be regulated with a regulation to be prepared by State Hydraulic Works provided that related ministries' opinions are obtained." included in subparagraph (f) of Article 204 of the Law dated 13.02.2011 and numbered 6111, which was added to the first paragraph of temporary Article 14 of the Electricity Market Law, dated 20.02.2001 and numbered 4628, was published in the Official Gazette dated 13.02.2013 and numbered 28558.
  • Judgment of the Constitutional Court, dated 18.10.2012 numbered E: 2012/70, K: 2012/157, regarding annulment of the phrase "....as of the date of the decision..." included in the first sentence of subparagraph (a) of paragraph 1 of Article 28 of the Fees Act, dated 02.07.1964 and numbered 492, which was amended by the Income Tax Law dated 23.07.2010 numbered 6009 and Article 18 of the Code on Amending Some Laws and Statutory Decrees, was published in the Official Gazette dated 13.02.2013 and numbered 28558 and the Court annulled the phrase.

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