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harmonization with the Acquis Communitaire. For instance, the Electricity
Market Code numbered 4628 and the Natural Gas Market Code numbered
4646 show important similarities to the Electricity and Natural Gas
Directives that correspond to the EU Acquis Communitaire.
A.
Institutional Structuring in Energy Sector
In Turkey, the energy sector was under the control of a monopoly,
TEK, for a long time. TEK was a public corporation established for
electricity energy generation, transmission, distribution, and trade. TEK,
pursuant to the legal regulations concerning the contribution of the private
sector to the electricity market was restructured in 1993 as the Turkish
Electricity Generation and Transmission Corporation (hereinafter referred
to as the “TEGTC”) for electricity generation and transmission and the
Turkish Electricity Distribution Corporation (hereinafter referred to as the
“TEDC”) for electricity distribution.
Afterwards, the codes numbered 4628 and 4646 entered into force in
order to provide for the supply of electricity and natural gas freely in the
energy sector. In this frame, TEGTC’s activities as to electricity generation,
transmission, and wholesale activities were differentiated. Thereby, three
public economic enterprises were established as the Electricity Generation
Corporation (hereinafter referred to as the “EGC”) for electricity generation,
the Turkish Electricity Transmission Corporation (hereinafter referred to
as the “TETC”) for transmission
These actions were intended to place activities other than transmission
activities into the competitive market and to have the natural monopolies
regulated by the Energy Market Regulatory Authority (hereinafter
referred to as the “EMRA”). To form the intended market structure, the
privatization of electricity distribution and generation was considered an
important element in the reform, and the Directorate of the Privatization
Administration was assigned this responsibility.
B.
The Legal Frame
The Turkish Energy Law is mainly composed of four sections: i)
Electricity Market; ii) Natural Gas Market; iii) Petroleum Market; iv) LPG
Market.