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However, Draft Law eliminates such requirement of obtaining the
prior approval and it just sets forth a notification requirement under
paragraph 3 of Article 5. Accordingly, license holder companies shall
notify EMRA, the share transfer in their shareholding of ten percent or
more (five percent or more for public companies), change of control
and the transactions, which lead to change in the property of the gen-
eration facilities. However, EMRA shall not have the authority to
approve or not to approve those transactions.
On the other hand, distribution companies are still under the oblig-
ation to obtain the permission of EMRA, as per paragraph 4 of Article
5 of the Draft Law, with respect to the share transfer in their share-
holding ten percent or more (five percent or more for public compa-
nies) and change of control.
Provisions on Total Market Share:
EML sets forth restrictive provisions such as the total market share
or the total sale amount for the companies who engage in activities in
the market. These restrictions are 10% of the previous year’s total sales
of energy of Turkey for the wholesale companies, and 20% of previous
year’s calculated total installed capacity of Turkey.
Draft Law also regulates similar restrictions. Accordingly;
- the total installed capacity of the generation companies a real
person or a legal entity engaged in the private sector control
may not exceed 20% of the previous year’s calculated total
installed capacity of Turkey in the previous year,
- the total amount of electricity energy generated by supply com-
panies a real person or a legal entity engaged in the private sec-
tor control may not exceed 20% of the of the previous year’s
total consumption of energy in Turkey, and
- the total amount of electricity energy distributed to areas
accessed by distributor companies a real person or a legal enti-
ty engaged in the private sector control may not exceed 30% of
the previous year’s total distributed energy in all areas of distri-
bution.
ENERGY LAW
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