Turkey: Recent Keynotes Of June 2017

International Agreements

  • The Resolution of the Council of Ministers numbered 2017/10196 on the Ratification of the Memorandum Related to the Grant of Dialogue Partner Status in Shanghai Cooperation Organization to the Republic of Turkey was published in the Official Gazette dated 24.05.2017 and numbered 30075.
  • The Resolution of the Council of Ministers numbered 2017/10107 on the Ratification of the 'Regional Competitiveness' Multi-Annual Operational Programme for the Community Assistance Provided by the Instrument for Pre-Accession Assistance Under Regional Development Component and the Notes Annexed to the Financing Agreement Amending the Relevant Financing Agreement between the Turkish Republic and European Commission on behalf of the European Union was published in the Official Gazette dated 06.06.2017 and numbered 30088 (bis).
  • The Resolution of the Council of Ministers numbered 2017/10187 on the Ratification of the Provisions of Economic Cooperation Organization Reinsurance Company Agreement was published in the Official Gazette dated 06.06.2017 and numbered 30088 (bis).
  • The Resolution of the Council of Ministers numbered 2017/10379 on the Ratification of the Memorandum of Understanding on the Alignment of Silk Road Economic Belt, 21st Century Maritime Silk Road and Middle Corridor Initiative between the Turkish Republic and the People's Republic of China was published in the Official Gazette dated 07.06.2017 and numbered 30089.
  • The Resolution of the Council of Ministers numbered 2017/10153 on D-8 Organization for Economic Cooperation Charter was published in the Official Gazette dated 07.06.2017 and numbered 30089 (bis).
  • The Resolution of the Council of Ministers numbered 2017/10322 on the Ratification of the Memorandum of Understanding Related to the Cooperation for Commerce and Investment Incentives between the Turkish Republic and the Islamic Development Bank Group was published in the Official Gazette dated 07.06.2017 and numbered 30089 (bis).

Council of Ministers' Resolutions

  • The Resolution of the Council of Ministers numbered 2017/10327 Pertaining to the Postponement of a Strike Decision in Some Workplaces taken by Kristal-İş Sendikası on the Grounds of National Security was published in the Official Gazette dated 22.05.2017 and numbered 30073.
  • The Resolution of the Council of Ministers numbered 2017/10430 Pertaining to the Postponement of a Strike Decision in Workplaces Affiliated to Mefar İlaç Sanayii Anonim Şirketi, and taken by Petrol-İş Sendikası on the Grounds of Public Health was published in the Official Gazette dated 05.06.2017 and numbered 30087 ( 2nd bis).

Legislation

  • The Regulation Amending the Regulation on Environmental Impact Assessment entered into force through publication in the Official Gazette dated 26.05.2017 and numbered 30077.
  • Law numbered 7020 on the Reconstruction of Some Receivables and Amending some laws and a Decree Law entered into force through publication in the Official Gazette dated 27.05.2017 and numbered 30078.
  • The Regulation on Very Light-Air Vehicles and Commercial Aeronautic Activities (SHY 6A-ÇH) entered into force through publication in the Official Gazette dated 27.05.2017 and numbered 30078.
  • The Communiqué (No: 2017/2) Amending the Communiqué (Communiqué No: 2006/4) on the Branding of Turkish Products Abroad, and the Establishment of Image of Turkish Goods, and Supporting TURQUALITY® entered into force through publication in the Official Gazette dated 01.06.2017 and numbered 30083.
  • The Communiqué on the Reconstruction of Custom Receivables within the Scope of Law numbered 7020 was published in the Official Gazette dated 03.06.2017 and numbered 30085.
  • The General Communiqué (Serial No:1) on Law numbered 7020 on the Reconstruction of Some Receivables was published in the Official Gazette dated 03.06.2017 and numbered 30085.
  • The General Communiqué (Serial No:2) on Law numbered 7020 on the Reconstruction of Some Receivables was published in the Official Gazette dated 03.06.2017 and numbered 30085.
  • The Regulation Amending the Regulation on Financial Holding Companies entered into force through publication in the Official Gazette dated 06.06.2017 and numbered 30088, providing validity from 01.01.2017.
  • The Communiqué on the Safety Stamp in Electronic Commerce was published in the Official Gazette dated 06.06.2017 and numbered 30088.
  • The Communiqué on Customs Exemption (Serial No: 2) was published in the Official Gazette dated 06.06.2017 and numbered 30088.
  • The Regulation Amending the Regulation on Permission Required Transactions of the Banks and Indirect Shareholding entered into force through publication in the Official Gazette dated 09.06.2017 and numbered 30091.
  • The Regulation Amending the Regulation on Airport Ground Services (SHY-22) entered into force through publication in the Official Gazette dated 17.06.2017 and numbered 30099.

Competition Board Decisions

  • The Competition Board ("Board") granted negative clearance to the lease contract between CarrefourSA Carrefour Sabancı Ticaret Merkezi A.Ş. and Metro Properties Gayrimenkul Yatırım A.Ş. (24.05.2017, 17-17/254-107)
  • The Board decided that the Distributorship Agreement between Bayer Consumer Care AG and Moltek Sağlık Hizmetleri Üretim ve Pazarlama A.Ş. is not contrary to Law numbered 4054, and granted individual exemption to the License Agreement between Bayer Türk Kimya Sanayi Ltd.Şti. and Moltek Sağlık Hizmetleri Üretim ve Pazarlama A.Ş. (08.06.2017, 17-19/289-126)
  • The Board conditionally granted individual exemption to the determination of credit card clearing commission rate by Bankalararası Kart Merkezi A.Ş. according to the formula approved by the Board, and to continuance of the abovementioned rate if there is no variance of ±5% in the determined rate, and determined the expiry of the exemption period as 3 years from the notification of the reasoned decision to Bankalararası Kart Merkezi A.Ş. The Board grounded its decisions on the distinctive structure of the card payment system market. (08.06.2017, 17-19/294-130)

Mergers and Acquisitions

  • The Board authorized the establishment of the joint control of KMG International N.V. by CEFC Hainan International Oil Co., Ltd. and the Joint Stock Company National Company KazMunayGas. (24.05.2017/ 17-17/248-102)
  • The Board authorized the acquisition of all of the shares of OMV Petrol Ofisi Holding A.Ş., a company under the direct control of OMV Aktiengesellschaft, by VIP Turkey Enerji A.Ş., a company under the indirect control of Vitol Investment Partnership Limited. (24.05.2017, 17-17/249-103)
  • The Board authorized the establishment of a joint venture company between Hitachi Automotive Systems Ltd. and Honda Motor Co., Ltd. (24.05.2017, 17-17/250-104)
  • The Board authorized establishment of the sole control of Tavuk Dünyası Gıda Sanayi ve Ticaret A.Ş. through the acquisition of a certain number of its shares by GRI Gıda Sanayi ve Ticaret A.Ş. (24.05.2017, 17-17/253-106)
  • The Board authorized the acquisition of the joint control of Stada Arzneimittel AG by Bain Capital Europe Fund IV L.P., a fund managed by Bain Capital Investors LLC, and through Nidda Healthcare Holding AG by the funds managed by Cinven Capital Management(VI) Limited Partnership Incorporated, which operates through its controlling mother company, Cinven Capital Management(VI) General Partner Limited. (24.05.2017, 17-17/255-108)
  • The Board authorized the acquisition of a certain number of the shares of Ibrakom FZCO, held by Biskom International DMCC and Selkar Trading FZE, by CJ Lojistik Corporation. (24.05.2017, 17-17/258-109)
  • The Board authorized the establishment of a joint venture company by Nippon Yusen Kabushiki Kaisha, Mitsui O.S.K. Lines, Ltd. and Kawasaki Kisen Kaisha, Ltd., which shall incorporate regular container transportation services and container terminal services (terminals in Japan excluded). (24.05.2017, 17-17/259-110)
  • The Board authorized the establishment of a joint venture between Timur Gayrimenkul Geliştirme Yapı ve Yatırım A.Ş. and the European Bank for Reconstruction and Development through the acquisition of the minority shares held by Nef EBRD Gayrimenkul Geliştirme A.Ş. by the European Bank for Reconstruction and Development. (24.05.2017, 17-17/260-111)
  • The Board decided that the transfer of Adabank Ticari ve İktisadi Bütünlüğü to Savings Deposit and Insurance Fund is out of the scope. (24.05.2017, 17-17/257-BD)
  • The Board authorized the acquisition of the joint control of PSPIB Waiheke Inc. by Canada Pension Plan Investment Board and the Public Sector Pension Investment Board. (01.06.2017, 17-18/267-113)
  • The Board authorized the acquisition of the joint control of Ascend Learning Holdings, LLC by the Canada Pension Plan Investment Board and The Blackstone Group L.P. (01.06.2017, 17-18/268-114)
  • The Board authorized the acquisition of the sole control of all of the affiliates and branches constituent of the automotive business unit of Opel/Vauxhall in Europe (included Turkey), owned by General Motors Holdings LLC, by Peugeot S.A. (01.06.2017, 17-18/269-115)
  • The Board authorized the establishment of joint control on the limited liability company to be established by Rixos Licensing B.V., by Rixos Licensing B.V. and Accor S.A. (01.06.2017, 17-18/275-119)
  • The Board authorized the acquisition of a certain number of shares of OMCO İstanbul Kalıp Sanayi ve Ticaret A.Ş., held by Anadolu Cam Sanayi A.Ş., by OMCO International N.V., shareholder of a certain number of shares of the company. (01.06.2017, 17-18/277-120)
  • The Board authorized the acquisition of the sole control of a certain number of shares of Grup Florence Nightingale Hastaneleri A.Ş. by Florence Nightingale Hastaneleri Holding A.Ş. (01.06.2017, 17-18/281-121)
  • The Board authorized the acquisition of the sole control of IHY İzmir Havayolları A.Ş., which was previously under joint control, by Pegasus Hava Taşımacılığı A.Ş. (08.06.2017, 17-19/290-127)
  • The Board authorized the establishment of a joint venture through the acquisition of the shares of the financing affiliates and branches constituent of the financing business unit of Opel/Vauxhall, owned by General Motors Financial Company, Inc. and Adam Opel AG, which are affiliates of General Motors Holdings LLC by Peugeot S.A. and BNP Paribas S.A. (08.06.2017, 17-19/291-128)
  • The Board authorized the acquisition of all of the shares of Carmel Capital S.à.r.l, a holding company of AWAS Aviation Capital DAC, by Dubai Aerospace Enterprise Ltd. (08.06.2017, 17-19/292-129)
  • The Board authorized the acquisition of the control of Bossa Ticaret ve Sanayi İşletmeleri T.A.Ş., a company under the control of Akkardan Sanayi ve Ticaret A.Ş., and Akkardan Sanayi ve Ticaret A.Ş. by İsrafil UÇURUM and Yusuf UÇURUM. (08.06.2017, 17-19/297-132)
  • The Board authorized the acquisition of a certain number of shares of Saide Tekstil Sanayi ve Ticaret A.Ş. by Marubeni Corporation. (08.06.2017, 17-19/298-133)
  • The Board decided that the acquisition of a certain number of shares of Bosphorus Gaz Corporation A.Ş. held by Gazprom Germania GmbH by Adnan ŞEN is not subject to permission. (08.06.2017, 17-19/283-BD)
  • The Board decided that the acquisition of a certain number of shares of Kibar Enerji A.Ş. held by Hency Trading Limited by Galleon Construction and Property Limited is out of the scope. (08.06.2017, 17-19/302-BD)

Energy

  • The Regulation Amending Natural Gas Market License Regulation entered into force through publication in the Official Gazette dated 24.05.2017 and numbered 30075.
  • Energy Market Regulatory Authority ("EMRA") published 2016 Sector Reports on 30.05.2017.
  • The Regulation Amending the Regulation on Electricity Market for Connection and Use of System entered into force through publication in the Official Gazette dated 01.06.2017 and numbered 30083.
  • The Regulation Amending the Electricity Market License Regulation entered into force through publication in the Official Gazette dated 09.06.2017 and numbered 30091.
  • The Regulation Amending the Natural Gas Market Distribution and Customer Services Regulation entered into force through publication in the Official Gazette dated 09.06.2017 and numbered 30091.
  • The Regulation Amending the Regulation on the Inspection of the Domestic Material Used in Electricity Power Production Plants by Renewable Energy Resources was published in the Official Gazette dated 09.06.2017 and numbered 30091. Its Article 3 enters into force as per 01.11.2018, as well as other articles through publication.
  • EMRA published the Announcement Related to Free Consumer Applications in Organized Industrial Zones on 19.06.2017.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

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