The requirement concerning harmonization of public generation plants with the environmental laws and regulations was originally introduced by the Provisional Article 8 of the Electricity Market Law numbered 6446. Accordingly, the generation utility EÜAŞ and its affiliates, generation companies to be established under the scope of the Law on Privatisation Practice numbered 4046 and generation facilities owned by these public generation companies and certain public generation companies which were privatized before 17.06.2016 and will be privatized after this date shall realize the investments required for harmonization with the applicable environmental legislation and apply for and obtain all regulatory permits required under the environmental legislation until the date of 31.12.2019.
Rules and procedures concerning the implementation of the above harmonization and regulatory permit requirements have been stipulated in the Regulation published in the Official Gazette dated 03.07.2017 and numbered 30113 and came into force on the same date. According to this Regulation, public generation companies that sell electricity shall prepare and present a Work Termin Plan ("Plan") to the Ministry of Energy and Natural Resources ("Ministry") for each facility that they own and the first Plans shall be submitted within 30 business days as from the date of 03.07.2017. Detailed information about the issues such as environmental expert of the relevant power plant, applicable environmental permits, foreseen investment and its financing, emission and air quality measurements, waste management and storage and measures to be taken during the investment period shall be set out in the Plans. Any subsequent potential revisions to the subject Plans shall be examined and approved by the Commission that is responsible for Tracking and Tracing the Harmonisation with Environmental Legislation. The public generation facilities concerned shall operate in conformity with the approved Plans, and regular updates demonstrating progress in this matter shall be submitted to the Ministry at four monthly intervals.
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.