On 27 January 2017, the Turkish Energy Market Regulatory Authority (“EMRA”) published draft amendments to the license-exempt electricity generation legislation (“Draft Legislation”) on its website for opinions and comments of the public.

Draft Legislation envisages amendments to the License Exempt Electricity Generation Regulation (“Regulation”) and its implementation Communiqué (“Communiqué”), mainly for aligning them with the electricity market balancing and financial settlement legislation (“DUY”) and the renewable energy regulation (“YEKDEM”) as follows:

• The timeline for distribution companies (i) to notify the authorized retail sale companies of the excess energy generated by license-exempt generation facilities, and (ii) to enter the relevant information on the Market Management System, is envisaged to be aligned with the timeline under the DUY legislation. Accordingly, through some amendments to Article 17 of the Regulation, distribution companies will be required to notify the authorized retail sale companies of the excess energy generated by license-exempt generation facilities until two days prior to the deadline for notification of meter readings under the DUY legislation (as opposed to the second day of each month under the current legislation). In parallel with such amendment, distribution companies will be required to notify the market operator (EPİAŞ) of such excess energy amounts through the Market Management System in line with the timeline envisaged under the DUY legislation.

• Through amendments to Article 21 of the Communiqué, distribution companies will be required to calculate the excess energy amounts by using hourly metering data as opposed to daily total loading and de-loading data under the current legislation in line with the amendments in the YEKDEM regulation. The deadline for distribution companies to notify the authorized retail sale companies of such amounts will be “within eight days following the end of the invoicing period” as opposed to second day of each month under the current legislation. Similarly, the deadline for distribution companies to enter such data on the Market Management System will be “within ten days following the end of the invoicing period” as opposed to fourth day of each month under the current legislation.

Market players and other interested parties may submit their opinions and comments on the Draft Legislation to EMRA by 10 February 2017, by completing the feedback form available at http://www.epdk.org.tr/TR/Dokuman/7607 and sending it by e-mail to otep@epdk.org.tr.

^{This information is provided for your convenience and does not constitute legal advice. It is prepared for the general information of our clients and other interested persons. This should not be acted upon in any specific situation without appropriate legal advice. This information is protected by copyright and may not be reproduced or translated without the prior written permission of Ergün Avukatlık Bürosu.}