320 / 473
ENERGY LAW
307
– Supply companies cannot sell electricity on a wholesale or retail
basis exceeding 20%of the of the previous year’s total consumption
of electricity in Turkey (Art.10/para.6).
Changes related to Applicable Sanctions
As per Article 16 of the New EML, the monetary sanctions applicable
as a result of non-performance of duties and non-fulfillment of the
requirements arising out of the law or related legislation are increased.
Moreover, as per paragraphs 3 and 4 of Article 16 of the New EML,
in the event that distribution or supply companies do not conduct their
activities pursuant to the legislation, impede their services, decrease
their service quality to an unacceptable degree, become insolvent or
are in a position to become insolvent EMRA can dismiss some or all of
their board members and appoint new ones. In such an event, EMRA
will be deemed as the addressee (defendant) of any claims filed against
the members it appointed to the board of directors of said distribution
or supply companies. Where any such aforementioned claim results in
compensation due to the plaintiff, such compensation will be borne by
EMRA, with a right of recourse.
Exceptional Provision regarding Environmental Requirements
Pursuant to temporary Article 8 of the New EML, the state owned
generation company, EUAS (
Elektrik Üretim A.Ş. Genel Müdürlüğü)
, its
subsidiaries and affiliates, as well as publicly owned companies that are
to be privatized according to privatization legislation, are granted a grace
period until the end of 2018 to become compliant with environmental
laws and acquire the required permits. Accordingly, it is stipulated that
their activities cannot be cancelled and no sanction can be applied due
to non-compliance with environmental laws during the grace period and
even for the period prior to the grace period. This exceptional provision
is very important for generation companies that are or will be subject to
privatization.