Natural Gas Market Certification Regulation And The Legal Framework Of The Certification System

The energy sector is a highly regulated field due to its stringent technical standards and safety requirements. In particular, the use of energy resources such as natural gas, which possess flammable and explosive characteristics, necessitates a strict administrative supervision mechanism in terms of both public safety and market order. In this context, the fundamental regulations governing the natural gas market in Türkiye are set forth under the Natural Gas Market Law No. 4646 and the relevant secondary legislation.

In order to ensure the technical competence of real and legal persons operating in the natural gas market and the safe execution of their activities, the Natural Gas Market Certification Regulation (“Regulation”) has been enacted. This regulation sets out the procedures and principles governing the certificates to be granted to persons carrying out construction, maintenance and service activities, particularly in relation to natural gas internal installations and service lines.

Purpose and Scope of the Regulation

The primary objective of the Regulation is to ensure that natural gas infrastructure is installed and operated safely and in compliance with technical standards. To this end, the Regulation governs:

• the issuance of certificates to real and legal persons who will operate in the natural gas market,
• the procedures and principles applicable to activities carried out under the scope of such certificates,
• the issuance, renewal, amendment and revocation of certificates, and
• the rights and obligations of certificate holders.

In this regard, the certification system functions as an administrative control mechanism that ensures the prior verification of the technical competence of individuals and entities that will perform technical activities within the natural gas market. The scope of application of the Regulation particularly covers the following activities:

• construction of internal installations
• construction of service lines
• maintenance and repair of natural gas installations
• design and technical services

Such activities shall be carried out exclusively by certified persons or entities. The process of issuing and supervising certificates is conducted by the Energy Market Regulatory Authority (EMRA).

Types of Certificates

Within the natural gas market, certificates are classified into different categories depending on the nature of the activities to be performed. In practice, the principal types of certificates are as follows:

• Construction and Service Certificate: This certificate is an authorization document issued by EMRA to real or legal persons indicating that they are qualified to perform feasibility, survey, project, consultancy, control, supervision, construction, service, maintenance and repair activities related to facilities within the natural gas market, excluding internal installations and service lines connected to urban distribution networks.

• Internal Installation and Service Line Certificate: This certificate is an authorization document granted to real or legal persons demonstrating that they are qualified to perform project, consultancy, control, construction, supervision, service, maintenance and repair activities related to service lines and internal installations connected to urban natural gas distribution networks. Such certificates are issued by distribution companies or authorized public or private entities and are valid within the designated distribution region of the relevant distribution company.

Rights and Obligations of Certificate Holders

Pursuant to Article 11 of the Regulation, real and legal persons holding certificates may carry out their activities only within the scope and categories specified in their certificates and may not engage in any construction or service activity in the natural gas market beyond this scope. Certificate holders are required to conduct their activities in compliance with the applicable legislation and in accordance with the standard of a prudent and diligent merchant and are subject to the supervision of EMRA and the relevant distribution companies. In this context, certificate holders are obliged to provide the requested information and documents, notify any changes in the information or documents submitted to EMRA or the relevant company within the prescribed time period, and return the certificate to EMRA or to the issuing company in the event that the certificate expires or is revoked.

Furthermore, certificate holders are required to employ the necessary technical personnel and meet the relevant professional qualification requirements in order to ensure that activities are carried out safely and in compliance with the legislation. Certificate holders and their employees may not intervene in gas lines without the permission of the distribution company, may not engage in actions that would lead to illegal natural gas consumption, and may not use non-standard materials or practices. In addition, certificate holders are prohibited from outsourcing work to uncertified persons or entities, and in the event of changes in technical personnel, the required notifications shall be made and the relevant activities may not continue until new personnel are employed. These provisions aim to ensure technical safety and regulatory compliance within the natural gas market.

Revocation of Certificates and Sanctions

The Regulation also sets forth sanctions to be applied in cases where certificate holders act in violation of the legislation.

For instance, sanctions may be imposed on certificate holders in cases such as:

• intervention in gas lines without the authorization of the distribution company,
• causing illegal natural gas consumption by intervening in the network or meters,
• using non-standard materials and creating safety risks.

Importance of the Certification System for Market Safety

The certification system in the natural gas market plays a critical role in ensuring technical safety. Through this system:

• persons lacking technical competence are prevented from operating in the market,
• the safety of natural gas infrastructure is enhanced,
• consumer safety is protected, and
• market activities are standardized.

For this reason, the certification system constitutes not merely a technical regulation but also a regulatory instrument aimed at ensuring safety within the energy market.

The Regulation is an important piece of secondary legislation designed to ensure the safe establishment and operation of natural gas infrastructure. Through the certification system, the technical competence of real and legal persons operating in the natural gas market is monitored and public safety is safeguarded.

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.