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• the installed capacity of which is maximum 1 mW, and
• which utilize all of their generated energy without giving it to
the connection or distribution system and which have the same
measurement point of generation and consumption, can conduct
their activities without a license.
The Council of Ministers is authorized to increase the installed
capacity of renewable energy plants to operate without a license to 5 mW.
In accordance with Article 14 of the EML, the Ministry adopted
the Regulation on Unlicensed Electric Generation
4
(“Unlicensed
Generation Regulation”).
According to Article 5 of the Unlicensed Generation Regulation,
generation facilities based on renewable energy resources, the installed
capacity of which is maximum 1 mW or below the increased installed
capacity by the Council of Ministers are not obliged to obtain a pre-
liminary license or license and to incorporate a company. This provi-
sion is in compliance with Article 7 of the Electricity Market Licensing
Regulation
5
(“Licensing Regulation”).
Provisions on Solar and Wind Energy Resources
Article 7 of the EML stipulates the terms of preliminary license
application for generation facilities based on wind and solar energy.
According to this article, in the event that an application is made by the
owner of the immovable property on which the generation facility will
be established, other applications are not taken into consideration for
evaluation. During the applications, it is necessary to submit wind or
solar measurements for a minimum term of one year, which have been
obtained within the last three years and in compliance with the stan-
dards. By taking into consideration the technologies used by TEIAS
6
and the relevant distribution company; only the applications, which
receive positive opinion for compatible connection, shall be subject to
ENERGY LAW
301
4
Official Gazette 2 October 2013, no. 28783.
5
Official Gazette 2 November 2013, no. 28809.
6
The abbreviation is for Turkish Electric Transmission Joint Stock Company. It is the only com-
pany in Turkey which conducts transmission activities with a transmission license.