Didim Today

The Energy Market Regulatory Authority (EMRA) released a new communiqué on Aug. 13, 2011 amending the old communiqué dated Apr. 4, 2002 published in the official gazette. I will give a rough translation of this communiqué in this article.

The communiqué changed Article 4, paragraph 1, as follows: “55. Production plants working on renewable energy resources [shall mean] plants [producing energy from] wind, solar, geothermal, biomass, gas produced from biomass (including landfill gas), wave, stream energy and tides and canal or river-type plants with a reservation area of smaller than 15 square kilometers.

Article 2 of the communiqué changed Article 5, paragraph 3 as follows: "The rights and obligations, as provided by this communiqué, of a legal entity who has obtained a production or auto-producer's license shall be transferred to another legal entity formed by splitting off from this legal entity under the related regulations of the Turkish Commercial Code or to another legal entity formed with the same company structure with the approval of EMRA, and the legal entity approved by the board shall be given a license with the continuous nature of the current license.

"The rights and obligations, as provided by this communiqué, of a publicly listed legal entity with a production or auto producer license will be transferred to another legal entity formed by this legal entity by holding 100 percent of the shares of [this second] legal entity, by the approval of EMRA and the legal entity approved by the board shall be given an a new license in lieu of a continuation of the past license.”

Excluding the publicly listed shares, in case of any changes made in the shareholding structure of legal entities approved for a license with a continuous nature of the current license, by way of share transfer, any application for a license will be rejected by the decision of the board.

Article 3 of the communiqué changed article 7, paragraph 5, subparagraph (a) as follows and a subparagraph was added to the article; “a) With regard to lignite, coal, asphaltite, bituminous schist, wave, biomass, gas produced from biomass (including landfill gas) and geothermal resources, [the following] energy supply agreement regarding the energy source or the right to use the energy source or other legal rights are established or an undertaking by authorized people showing that these rights are to be established has been stipulated.

Article 4 of the communiqué changed article 10 and the following subparagraphs were added to the article: “The present installed capacity and the maximum annual production shall be registered to renewable energy resources production or auto producer licenses as ‘annual production amount.'

This registered amount will be deemed ‘average annual production amount'.” “If license owners requesting the amendment of annual production amount registered to production or auto producer licenses is in line with article 15, the amendments shall be made within three months following the application.” I will be writing the second part of this article on Wednesday and I would like to inform you that the communiqué entered into force on Aug. 13 as per article 12 of the communiqué, which states when it would come into force.

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