By law, the position of inspector of the Turkish Energy, Nuclear and Mining Research Institute (TENMAK) can be appointed from among those who work in the inspector, auditor, inspector and controller positions or positions of public administrations within the scope of the general and special budget. The number of those appointed in this way cannot exceed 5.
Unlicensed electricity generation facilities based on renewable energy resources to be established to meet the electrical energy consumption required within the scope of mining activities will also be included in the scope of “infrastructure facility”.
The definition of “Green OSB” has been added to the law
The law also included regulations on accelerating the planning, establishment and expropriation processes of Organized Industrial Zones (OIZ). The definition of “Green OIZ” was added to the Organized Industrial Zones Law.
Green OIZ will include OIZs certified by the Turkish Standards Institute (TSE) within the framework of the criteria determined by the Ministry of Industry and Technology in terms of environmental, economic, social and administrative aspects, which stand out with their resource and energy efficiency, lean production, industrial waste cooperation and environmentally friendly practices.
In the places determined as industrial areas in the current zoning plans, the OIZ area will be finalized without the OIZ site selection process, provided that the opinion of the administration that approves the plan is taken and geological and geotechnical studies are carried out as the basis for the zoning plan.
The parcel owners, who undertake to invest in the conditions and periods specified in the regulation, can be accommodated by the OIZ in the selected area without expropriation. The immovables of those who do not fulfill the commitment will be expropriated.
The metropolitan municipality, provincial municipality, district municipality, town municipality, chamber of commerce and industry, special provincial administration or investment monitoring and coordination presidency, representatives of professional organizations and organizations related to the subject, where the OIZ site selection is finalized, take place in the establishment of the OIZ in accordance with the approval of the Ministry of Industry and Technology. can receive. The OIZ will gain legal personality after the establishment protocol signed by the representatives of the institutions and organizations involved in its establishment and the governor is approved by the Ministry and registered in the registry.
Priority to green OIZ projects
In the areas whose borders have been finalized as OIZ by the Ministry of Industry and Technology, infrastructure construction and allocation can be made by the OIZ, and licenses and permits for investments can be granted by the OIZ in order not to delay the investments, after the immovable property value, which is determined by the court, is deposited into the bank account based on the urgent expropriation decision.
Projects prepared to become a green OIZ will be credited by the Ministry of Industry and Technology and will be evaluated with priority. Land sales will be carried out in accordance with the principles and procedures to be determined by the enterprising committee and determined in the regulation within the scope of the transparency principle. Parcel allocations within the OIZ will be made within the scope of the transparency principle.
The OIZ legal entity will be able to build superstructure on the parcels in the industry or service support area, rent the parcels with superstructure or sell them with superstructure to the participants who give the conditions and commitment to start production. Participants will be able to lease their facilities to one or more tenants for production purposes.
The application of free and partially paid parcel allocation has been abolished.
Provisions on natural gas export and import
The institution will be exempt from all kinds of judicial fees and the obligation to provide security in cases and proceedings to which the Energy Market Regulatory Authority (EMRA) is a party, as well as in precautionary injunction and precautionary attachment requests.
Transmission tariffs for exported natural gas will not be subject to the restrictions imposed by domestic transmission tariffs. EMRA will have the authority to determine transit transmission tariffs and export-related transmission tariffs in accordance with procedures and principles different from domestic transmission tariffs, taking the opinion of the Ministry of Energy and Natural Resources. Natural gas imports will be liberalized for both BOTAŞ and private sector legal entities.
EMRA, by obtaining the approval of the Ministry of Energy and Natural Resources, evaluates the requests within the procedures and principles to be determined by taking into account whether there is a natural gas import contract between the country to be imported and BOTAŞ, the creation of a competitive environment in the market, the obligations arising from the contracts and export connections, in applications regarding imports. can. However, these provisions will not apply to imports of liquefied natural gas (LNG), spot pipe gas and compressed natural gas (CNG).
Spot pipe gas import amount, duration and application method will be determined by EMRA, taking the opinion of the Ministry of Energy and Natural Resources.
The vertically integrated legal entity of BOTAŞ will continue until the activities carried out by BOTAŞ are separated and restructured as a horizontally integrated legal entity in accordance with the provisions of the Natural Gas Market Law. The subject of business, trade name, capital and shareholding structure of the companies to be established for the purpose of unbundling and restructuring the activities of BOTAŞ, as well as the transfer and similar transactions to be carried out within this scope, will be regulated by the Presidential Decree.
With the permission of the Ministry of Energy and Natural Resources, it is possible to transfer or transfer the amounts subject to BOTAŞ’ natural gas purchase contracts. Until the contract transfer processes are completed, BOTAŞ will not be subject to the market share limitations in the law. BOTAŞ’ Treasury-guaranteed liabilities will be reserved.
Pumped storage hydroelectric power plants will be able to benefit from the Renewable Energy Resources Support Mechanism (YEKDEM) and domestic contribution price support regardless of the reservoir area.
Immovables belonging to the General Directorate of Foundations and fused foundations
The provisions of long-term rental and ordinary rent of immovables belonging to the General Directorate of Foundations and fused foundations will be separated.
The General Directorate of Foundations may allow the transfer of lease agreements to third parties over the rental price to be determined by the appraisal report to be prepared by independent appraisal companies, with the appraisal fee belonging to the tenant requesting the transfer of rent. The new rental price to be determined cannot be lower than the current rental price.
In leases in return for agricultural activities, the lease term can be determined up to 20 years with the approval of the General Manager of Foundations, taking into account the investment cost of agricultural activities. It will be possible to cooperate with relevant public institutions and organizations in leases in return for agricultural activities.
It will consist of long-term leases in return for investment, investment in agricultural activities and leases in return for repair, construction or restoration.
In long-term rental contracts in return for investment, an annual lease agreement can be concluded with the contractor from the end of the contract period, if the contractor accepts the rental price to be determined according to the current conditions, taking into account the precedent and market values, before the end of the contract period.
The legal entity whose charging network operator license has been revoked, the partners holding a 10% or more share in this legal entity, and the chairman and members of the board of directors, including those who resigned within 1 year prior to the license cancellation date, will not be able to obtain a charging network operator license for 3 years following the license cancellation, They will not be able to apply for a license, have direct or indirect shares in legal entities applying for a license, and take part in the board of directors.
Special provincial administrations, municipalities, chambers of industry and commerce in Elazig and 11 provinces affected by the earthquake will be exempt from the shares they will pay to Development Agencies for 2023 and 2024.
In 11 cities affected by the earthquake, the proceedings initiated by the Development Agencies within the framework of general provisions and the transactions carried out by the Ministry of Treasury and Finance or Iller Bank regarding the outstanding debts of special provincial administrations, municipalities, and chambers of industry and commerce will be stopped.
Until the end of June 2025, no interest will be charged on the overdue debts, the statute of limitations will not run, and no action will be taken until this date for the collection of these debts.
The contribution paid to the special provincial administrations, municipalities, and chambers of industry and commerce that fulfilled the accrued contribution share debt for 2023 will be returned by the development agency within 30 days from the date of publication of the law, without interest or revaluation.
