COVID-19 Decision from Energy Market Regulatory Authority
Energy Market Regulatory Authority’s (“EMRA”) decision numbered 9276 and dated 02.04.2020 has been published on the Official Gazette numbered 31089 ad dated 04.04.2020. EMRA declares COVID-19 pandemic, which continues its adverse effects across the world and Turkey, as a force majeure event within the scope of Electricity Market License Regulation (“License Regulation”) Article 35 and Electricity Market Unlicensed Electricity Production Regulation (“Unlicensed Electricity Production Regulation”) Article 19. In this vein, EMRA decided that the time periods regulated under License Regulation and Unlicensed Electricity Production Regulation and listed below have been deemed extended for 3 months without any proceedings or applications needed.
1. License Regulation: Below periodic obligations of production license or pre-license holder legal persons have been deemed extended for 3 months on or after 10.03.2020:
1.1 Pre-license periods and pre-construction and construction periods or obligation suspension periods subject to License Regulation Temporary Article 15 within the scope of production license,
1.2 Periods for obligations in relation to amendments to pre-license and production licenses,
1.3 Periods for obligations in relation to mergers or acquisition proceedings,
1.4 Periods for obligations in relation to production licenses which are continuation of the former license,
1.5 Periods granted for completing the required information and documents within the scope of pre-license or license applications,
1.6 Periods regarding pre-license amendment application subject to License Regulation Article 18/2.
2. Unlicensed Electricity Production Regulation: Connection agreement periods for electricity production plants to be established within the scope of Unlicensed Electricity Production Regulation, for the contracts which were terminated as of 10.03.2020 or will terminate afterwards, extension to be applied once only and as of the contract termination date.
@ Sena Güngördü | Kesikli Law Firm