Changes have been made to the electricity licensing regime in
Turkey with regard to entities established by a demerger, as well
as preferential rights if multiple applications exist for
activities in the same location. Changes have also been made to the
pre-license amendment procedure. The Regulation Regarding the
Amendments in the Electricity Market License Regulation
("AmendmentRegulation") was published in Official
Gazette number 29571 on 23 December 2015, entering into effect on
the same date.
The Amendment Regulation maintains the non-transferrable license
principle in the Electricity Market License Regulation
("Regulation"), but changes the cases
which are not deemed to be license transfers.
In general, Energy Market Regulatory Board
("Board") approval is required to
transfer rights and obligations from a legal entity which holds a
production license to another legal entity which is established
within the same partnership structure. Under the Amendment
Regulation, new legal entities which are established by means of a
demerger are excluded from this requirement.
The Amendment Regulation amends the regime for changing
pre-licenses. To change the production facility registered under a
pre-license, the new facility must be found suitable as a result of
technical evaluations by the General Directorate of Renewable
Energy. For wind power based generation plants, applications should
be made for an Environmental Impact Assessment and Technical
Interaction Permission for the new site.
The Amendment Regulation states that a new unlicensed generation
applications will not be accepted in relation to project fields
which are subject to an existing pre-license or license
application. However, such unlicensed generation applications will
be accepted if:
The application is made after the
generation license was issued;
The application is made by the
project field's owner;
The Renewable Energy Administration
approves the technical evaluation of the unlicensed project;
The unlicensed project does not
adversely affect existing licensed generation facilities in the
Please see this link for full text of the Amendment
Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter
produced by Moroğlu Arseven.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Turkey has amended the Electricity Market Law numbered 6446 to promote use and security of domestic energy resources. Under the amendments, planned capacity mechanisms must give priority to local energy sources.
Turkey's energy regulator previously ruled (decision numbered 5709, dated 30 July 2015) that a total capacity of 2,000 MW would be reserved in the period up until 2020 for wind power pre-license applicants to connect to the grid.
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