333 / 473
NEWSLETTER 2013
320
Preliminary Licenses in the New Electricity
Market Regulation
6
*
Att. Tuna F. Colgar
Introduction
The new Electricity Market Law No. 6446 (“the new EML” or
“the Law”) entered into force by being approved in the Grand National
Assembly of Turkey and by being published in the Official Gazette dated
30 March 2013 and numbered 28603. The waiting period occurred after
the New EML has ended and the Electricity Market Licensing Regulation
published in the Official Gazette, dated 4 August 2002 and numbered
24836, has been abolished by the Electricity Market Licensing Regulation
(The “Regulation”), which entered into force through publication in the
Official Gazette dated 2 November 2013 and numbered 28809.
In the present article, the concept of a preliminary license, which is
one of the most important innovations brought by the New Electricity
Market Regulation, will be examined.
The Regulation, consisting of sixty-three articles in total, includes all
application, examination and evaluation, preliminary license and license
processes. Furthermore, with 19 provisional articles included in the scope
of the Regulation, its aim is to bring the current applications and the
continuing transactions in line with the new Law.
As set forth under Article 2, this regulation covers the licenses and
preliminary licenses required for operating in the electricity market, as
well as key provisions, licensing procedures, and rights and obligations of
license holding legal entities in relation to said licenses and preliminary
licenses.
Pursuant to Article 5 of the Regulation, prior to commencing business,
a legal person with intent to operate in the market has to obtain a license
for each business and for each facility, if said business will conduct
activities in more than one facility, with the exceptions set forth under
*
Article of November 2013