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The New Electricity Market Law
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Prof. Dr. H. Ercument Erdem
The new Electricity Market Law No. 6446 (“New EML”) was enacted
by the Turkish Grand National Assembly on 14March 2013 and published
in the Official Gazette numbered 28603 on 30 March 2013. Surprisingly,
Electricity Market Law No. 4628
1
was not abrogated with the enactment
of the New EML, but its title was changed to “Law on the Organization
and Duties of the Energy Market Regulatory Authority” (“Previous Law”
or “EMRA Law” where appropriate) and was partially amended by the
new law. Accordingly, the provisions regarding the organization and
duties of the Energy Market Regulatory Authority (“EMRA”) remain in
effect under the EMRA Law. According to the New EML, all references
in the legislation to the repealed articles of the Previous Law shall be
considered as references to the related articles of the New EML.
The New EML envisages some important changes and in this article
those changes will be reviewed.
Activities and Licenses
Under the New EML, the licenses and the rules to be applied are
based on the types of electricity market activities. In other words, the
New EML is structured around types of activities rather than types of
licenses. The electricity market activities which require a license are
listed under Article 4 of the New EML as generation, transmission,
distribution, wholesale, retail sale, market operation, export and import.
The New EML does not mention retail sale service and trade activities,
as did the Previous Law. However, in the New EML market operation is
introduced as a new type of activity.
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Article of March 2013
1
Official Gazette 3 March 2002, No. Reiterated 24335.