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tors, general manager and assistant general manager are acting under
different titles, managers and auditors that are authorized signatories
and that hold duties equivalent to or higher than assistant general man-
ager in respect of their powers and duties must consist of different per-
sons as of January 1, 2013.
According to the Resolution, retail sales companies must apply to
EMRA for sales license before December 15, 2012. Along with the
application petition, the company’s articles of association and share-
holding structure shall also be presented to EMRA. Simultaneously
with the retail sales company, the distribution company shall apply to
EMRA for the revocation of the sales license. Applications made with-
in this context shall be evaluated by EMRA and the sales license held
by the distribution company shall be terminated to be valid as of
December 31, 2012 and the retail sales company shall be granted a new
license which qualifies as the continuation of the previous one to be
valid as of January 1, 2013.
Finally, pursuant to the Resolution, unavoidable costs relating to
the procedures and transactions required by the legal unbundling real-
ized within the scope of the unbundling of distribution and retail sales
shall be compensated by the tariffs applied to the distribution or the
retail sales company, as appropriate. However, it is essential for these
transactions to have been made with minimum cost. A report must be
submitted to EMRA with regard to the costs demanded to be reflected
on the tariff and such costs must be documented.
Conclusion
Within the electricity sector, it is essential that unbundling be real-
ized within vertically integrated undertakings in order to support the
entry of new players to the market and to prevent discrimination
between undertakings within the market. The transition from
unbundling of accounts to legal unbundling must be considered as an
important step under Turkish Law, even if it is only with respect to dis-
tribution and retail sales.
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