Charging Service Regulation Has Been Published
With the Charging Service Regulation (“Regulation”) which has been published in the Official Gazette dated 2nd April 2022 and No. 31797, the procedures and principles regarding the establishment of charging units and stations where electrical energy is supplied to electric vehicles, the operation of the charging network and the stations connected to the charging network, and the provision of charging services have been regulated.
Pursuant to the Regulation, the charging network operators operate pursuant to the license to be obtained from the Energy Market Regulatory Authority (“EMRA”). The Regulation contemplates that the applicants must be joint stock companies or limited companies incorporated pursuant to Turkish Commercial Code and their minimum capital should not be less than the amount determined by EMRA save for the applications made by state economic enterprises. EMRA has specified that the minimum capital requirement will be 4.500.000 TRY.
The licenses may be granted for up to a maximum of 49 years.
In case the applicant is a joint stock company, all of its shares excluding those traded in the stock exchange must be registered shares, and the company must not issue bearer shares except for those to be traded in the stock exchange.
The charging network operator must set up a network that constitutes at least 50 charging units and charging stations in at least 5 different districts in 6 months as from the date on which its license becomes effective. Charging stations’ connection to transmission and distribution grids will be as per the relevant regulations. Furthermore, business license must be obtained prior to commencement of the charging service.
In charging stations that are open to public, at least one payment method which would enable all users to acquire charging service must be offered. In such charging stations, save for circumstances not caused by the charging network operator or for force majeure events, charging service must be rendered uninterruptedly.
The charging service to be provided under the regulation will not be regarded as supply of electricity and the service fee may be determined based on the cost items set out in the Regulation plus a reasonable mark-up. However, EMRA has the authority to set minimum and maximum levels for service fees. In addition, the service fee to be charged by a charging network operator may not exceed 25% of the lowest service fee that it charges to customers with whom it has signed a loyalty agreement. The charging network operator is obliged to explain the method according to which its service fees and fee changes are calculated.
Charging network operator is also obliged to set up appropriate communication channels to receive and follow-up complaints made by the users and to resolve such complaints within 15 days. EMRA will set up and operate an open access platform which would contain information as to all charging networks and charging units.
Persons who currently provide charging service must adapt their status to this Regulation within 4 months from the date of entry into force of the Regulation.
The Regulation has entered into force on its date of publication which is 02.04.2022.
You may find the full text of the Regulation here. (Only available in Turkish)
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