316 / 521
system from the same point. The implementation terms and conditions
of this provision will be determined by the Energy Market Regulatory
Authority (“EMRA”).
Article 7 of the EML sets forth the provisions related to generation
activities based on renewable energy resources. According to this arti-
cle, the legal entities generating electricity based on renewable energy
resources can obtain a “renewable energy resource certificate”
from the Ministry of Energy and Natural Resources (“Ministry”).
In that regard the Ministry adopted the Regulation on Certification
and Support of Renewable Energy Resources
3
(“Certification
Regulation”). And the detailed rules on the renewable energy resources
certificate (“YEKBEL”) and the support mechanism for the renewable
energy resources (“YEKDEM”) are regulated in this Certification
Regulation.
The EML sets forth some incentives for electric generation activi-
ties based on renewable energy resources. Pursuant to Temporary
Article 4 of the EML, facilities generating electricity based on renew-
able energy resources may apply to the relevant ministry for obtaining
the necessary permit, right of lease or usufruct of immovable proper-
ties which are qualified as forest areas or owned by the treasury, or
under the possession of the state in order to utilize those areas for ener-
gy transmission lines. For generation facilities which are already in
operation or that will have begun their operation until December 31,
2020, the rents or fees of such aforementioned areas shall decrease
85% during the first ten-years of investment or operation.
Activities based on Renewable Energy Resources without a
License
Article 14 of the EML regulates the activities which can be con-
ducted without a license. Some of those activities are based on renew-
able energy resources. According to this article, generation facilities
based on renewable energy resources,
300
NEWSLETTER 2014
3
Official Gazette 1 October 2013, no. 28282.