The Regulation on the Control of Solid Fuels for the Protection of Air Quality (the “Regulation”) was published by the Ministry of Environment, Urbanisation and Climate Change (the “Ministry”) in the Official Gazette dated 16 September 2026 and numbered 33372.

The Regulation establishes the procedures and principles governing the control of imported and domestically produced solid fuels for the purpose of protecting air quality and introduces a comprehensive administrative and technical framework covering fuel characteristics, certification, storage, transportation, placing on the domestic market, market surveillance and use.

In addition to coal, the Regulation applies to solid biofuels and both calcined and non-calcined petroleum coke, introducing a range of registration, certification, conformity assessment and monitoring obligations for importers, producers, distributors, sellers and facilities using solid fuels.

The practical significance of the Regulation appears to extend beyond technical fuel quality requirements. The Regulation establishes a traceability framework covering the lifecycle of solid fuels from production or import through to end use, subjects the placing on the market and use of certain fuels to conformity mechanisms, introduces a dedicated allocation regime for petroleum coke and, in certain circumstances, creates a link between fuel characteristics, environmental permitting requirements and facility emissions performance.

Against this background, the practical implications of the Regulation may be assessed in particular with respect to the Solid Fuel Module (“SFM”), traceability and conformity requirements, the petroleum coke allocation regime, the relationship between environmental permitting and emissions performance, enforcement mechanisms and transitional arrangements. In addition, the Regulation may give rise to a number of practical considerations for facilities using solid biofuels, thermal power plants, facilities using petroleum coke and industrial facilities consuming solid fuels.

The SFM and Traceability Across the Solid Fuel Supply Chain

One of the principal features of the Regulation is the Solid Fuel Module (“SFM”), operated within the Ministry’s Air Emissions Management Portal. The SFM serves as the primary digital platform through which certification and stock-tracking processes are administered.

In addition to records relating to importers, producers, distributors and sellers, mechanisms such as the Certificate of Conformity, Sales Permit Certificate and Petroleum Coke Allocation Certificate are integrated into the system. The Regulation also requires various information relating to the production, sale, delivery and use of fuels to be recorded through the SFM.

Domestic solid fuel producers are required to declare the quantities and characteristics of the fuels they produce and sell and to record sales transactions in the SFM within twenty-four hours following the removal of the fuel from the production site. Similarly, importers, producers and distributors are expected to enter information regarding the quantity of fuel placed on the market, the recipient and the relevant storage location. Sellers must record sales volumes and intended points of use, while industrial facilities are required to maintain records regarding the quantities of fuel received.

The traceability framework is complemented by detailed provisions governing storage. Solid fuels falling within the scope of the Regulation may only be stored in facilities registered within the SFM. The addition of a new storage facility or the closure of an existing facility requires notification to the relevant provincial directorate and corresponding updates to SFM records. The Regulation further requires imported fuels to be stored separately in customs-controlled areas, mandates the display of identification signs containing prescribed information and requires measures to control dust emissions from coal stored in open areas (Article 10/1-4).

These provisions suggest that the control framework established by the Regulation extends beyond the technical characteristics of fuels. Information concerning who produced or imported the fuel, to whom it was supplied, where it was stored and the facility at which it was ultimately used is also intended to be captured through the registration system. Accordingly, assessments of compliance with the Regulation may need to consider not only technical fuel specifications but also the relevant SFM registration obligations and whether the required records have been made within the prescribed timeframes.

Conformity Assessment Framework: From Technical Criteria to Market Placement and Use Requirements

The Regulation subjects the importation, placing on the market and, in certain circumstances, the use of specific solid fuels to conformity assessment requirements.

For imported solid fuels, the system is built around conformity assessment at the import stage. Solid fuels falling within the scope of the Ministry of Trade’s import control legislation may only be imported by entities holding a Solid Fuel Importer Registration Certificate. Where the relevant fuel satisfies the applicable threshold values set out in Annex 1 for its intended use, the relevant provincial directorate may issue a Certificate of Conformity. Solid fuels for which no Certificate of Conformity has been issued may not be imported.

With respect to domestic solid fuels, fuels falling within Annex 1, Table 8 require a Certificate of Conformity before they may be placed on the market or, in certain circumstances, used at the facility where they are produced. Certificates issued for market placement purposes may remain valid for up to one year, whereas certificates issued for on-site use may remain valid for up to five years.

Accordingly, the technical threshold values contained in the annexes appear to serve not merely as technical reference points but also as key elements of the certification framework governing the importation, marketing and use of certain fuels. The conformity assessment framework therefore combines technical fuel standards with administrative certification requirements and constitutes one of the principal areas of regulatory compliance for producers, importers and relevant user facilities.

Allocation Regime for Petroleum Coke

The Regulation subjects the use of petroleum coke to a dedicated allocation and emissions-monitoring regime.

Petroleum coke allocations may only be granted to facilities holding a Temporary Activity Certificate and/or an Environmental Permit, carrying out measurements under a Continuous Emissions Monitoring System (“CEMS”) and whose emissions data are monitored online.

Facilities intending to use petroleum coke for the first time are required to obtain a Petroleum Coke Trial Allocation Certificate. Trial allocations are issued taking into account factors such as annual production capacity, petroleum coke-to-fuel blending ratios and, in the case of imported petroleum coke, the applicable sulphur content. Such allocations may cover quantities corresponding to a maximum six-month period. Facilities are also required to amend or renew their environmental permits, as applicable, to reflect the use of petroleum coke.

Upon completion of the relevant environmental permitting process, a Petroleum Coke Allocation Certificate may be issued until the end of the relevant calendar year, taking into account annual capacity, blending ratios and other applicable criteria.

The allocation regime demonstrates that the use of petroleum coke is assessed not only on the basis of fuel specifications but also by reference to facility capacity, environmental permitting status and emissions-monitoring conditions. Accordingly, facilities using petroleum coke may wish to consider the allocation regime not merely as a fuel procurement procedure but as part of a broader environmental and regulatory compliance framework.

The Relationship Between Fuel Quality, Environmental Permitting and Emissions Performance

One of the more notable aspects of the Regulation, particularly for industrial and energy facilities, is the link established between fuel characteristics and environmental performance.

For facilities using domestic coal that are not subject to online monitoring through a CEMS, the characteristics of the fuel used during emissions measurements forming the basis of the facility’s environmental permit must be recorded in the SFM. Such facilities may only use fuels whose characteristics remain within a tolerance threshold of up to 20% of the recorded parameters. The use of lower-quality fuels requires a new emissions measurement.

A similar approach applies to petroleum coke. Where the sulphur content specified in the allocation certificate exceeds the permitted 10% tolerance threshold, a new trial allocation for a maximum period of three months and a new emissions measurement are required. The Regulation further provides for the revocation of allocation certificates where applicable emission limit values are exceeded or where the environmental permit required for petroleum coke use is not obtained or renewed.

Taken together, these provisions suggest that, for certain facilities, fuel characteristics, environmental permitting and emissions performance are treated as interconnected compliance considerations. Consequently, in addition to assessing whether a fuel satisfies the applicable technical criteria, it may also be necessary to consider the conditions governing its use at the relevant facility. This consideration is likely to be particularly relevant for facilities using domestic coal or petroleum coke.

Inspection and Enforcement Mechanisms

The registration, conformity and operational obligations established under the Regulation are supported by market surveillance, inspection and enforcement provisions.

Inspections of solid fuels are carried out by institutions and organisations authorised under Environmental Law No. 2872 or, where no delegation of authority exists, by the Ministry or the relevant provincial directorates. Fuels subject to conformity certification are intended to be monitored and inspected at different stages of the supply chain until they reach the final consumer.

Where analyses indicate non-compliance with the Regulation, Ministry criteria or Local Environmental Board requirements, the sale and distribution of the relevant fuel within the province may be suspended as an interim measure. Fuels ultimately determined to be non-compliant may not remain on the market and may be recalled, stored under the supervision of the competent authority and used only in approved industrial facilities.

Administrative sanctions under Environmental Law No. 2872 may apply where activities are conducted without the necessary permits or certificates, fuels are supplied to unauthorised facilities or processes, non-compliant fuels or fuels subject to sales restrictions are placed on the market, unauthorised fuel mixing occurs, or storage, transportation or bagging requirements are breached.

Failure to maintain SFM records within the prescribed periods or to provide required information and documentation may also trigger enforcement measures. In such circumstances, new certificates may not be issued until the relevant deficiencies have been remedied.

Furthermore, where administrative penalties are imposed twice within a one-year period for specified violations, the relevant certificates may be revoked, and no new certificates may be issued for one year following such revocation.

The Regulation also allocates responsibility among participants in the supply chain. While importers and producers bear responsibility during the conformity assessment stage, importers, producers, distributors and sellers are jointly and severally liable in relation to market surveillance and inspection activities until fuels reach the final consumer (Article 17/1).

Accordingly, the consequences of non-compliance may extend beyond administrative monetary penalties and, depending on the circumstances, may include suspension of sales or distribution activities, withdrawal of fuels from the market, revocation of certificates and restrictions on the issuance of new certificates. The practical implications of such measures would need to be assessed in light of the nature of the relevant business, the fuel involved and the applicable certification framework.

Transitional Periods and Compliance Timeline for Existing Facilities

The Regulation contains a number of transitional provisions intended to facilitate adaptation by existing market participants and facilities.

Certificates issued before the entry into force of the Regulation, including Certificates of Conformity, Sales Permit Certificates, Distributor Registration Certificates, Solid Fuel Seller Registration Certificates and Solid Fuel Importer Registration Certificates, will remain valid until 30 June 2027.

Specific transitional arrangements also apply to solid biofuels. Certain wastes that had previously been authorised for use as solid biofuels at the facility where they are generated may continue to be used, provided that a Certificate of Conformity is obtained as part of the first environmental permitting application process. Pending the establishment of the relevant analytical infrastructure, or until 1 January 2028, academic reports may be accepted for this purpose.

Existing solid biofuel facilities that do not satisfy the combustion-system requirements introduced by the Regulation may continue operating their current systems until 1 June 2030.

The provisions relating to colour coding and electronic traceability for heating-fuel bags will enter into force on 1 June 2028.

Furthermore, for existing facilities holding environmental permits and using domestic coal that are not subject to online CEMS monitoring, the provisions linking fuel quality and emissions performance will first apply during the next environmental permit renewal process.

These arrangements indicate that the various obligations established under the Regulation do not become applicable simultaneously. It is therefore important to identify the specific transitional provision and corresponding compliance deadline applicable to each facility or undertaking.

Practical Implications for Energy and Industrial Companies

The Regulation is not intended to function as a general energy market regulation applicable across the energy sector as a whole. Its relevance to the sector arises primarily in connection with facilities using solid biofuels, thermal power plants, facilities using petroleum coke and industrial facilities consuming solid fuels.

Accordingly, no direct obligations appear to be imposed on renewable energy facilities that do not use solid fuels, such as solar or wind power plants.

For facilities using solid biofuels, compliance considerations extend beyond fuel quality to encompass the technical characteristics of combustion systems. Industrial solid biofuels may only be used in systems equipped with automatic fuel-feeding mechanisms, secondary air supply systems and dust-control systems achieving a minimum efficiency level of 95%. The transitional period ending on 1 June 2030 may therefore be relevant when evaluating potential compliance measures and associated investment requirements (Article 15/5; Provisional Article 2/3).

For thermal power plants and other industrial facilities using solid fuels, fuel origin and technical specifications should be assessed alongside SFM registration requirements, certification obligations, environmental permits and emissions performance considerations (Articles 6, 7, 10, 11 and Provisional Article 3).

Similarly, the petroleum coke allocation framework is closely linked to environmental permitting and continuous emissions monitoring requirements. Given the possibility of allocation certificate revocation and the requirement for renewed measurements following certain changes in fuel characteristics, the use of petroleum coke may need to be assessed not only from the perspective of fuel quality requirements but also in light of broader environmental and regulatory compliance obligations (Articles 8/1, 9/4, 9/7 and 9/8).

In addition, under the joint and several liability framework established by the Regulation, responsibility for certain compliance failures arising during conformity assessment or market surveillance processes may extend beyond importers and producers to distributors and sellers as well (Article 17/1).

Accordingly, an assessment of the Regulation based solely on the fuel quality criteria set out in Annex 1 may not be sufficient. Consideration may also need to be given to supply-chain traceability requirements, applicable conformity and allocation obligations, facility-specific conditions linked to environmental permitting and emissions performance, and the relevant transitional arrangements.

Overall Assessment

The Regulation introduces a comprehensive framework of registration, certification, conformity assessment, storage, monitoring and enforcement mechanisms that apply throughout the lifecycle of solid fuels, from production or import through to final use.

Within this framework, the SFM facilitates the traceability of fuel movements; conformity assessment mechanisms govern the importation, placing on the market and use of certain fuels; the petroleum coke allocation regime provides oversight of petroleum coke use in designated facilities; and the provisions concerning environmental permitting and emissions performance establish, in certain circumstances, a direct link between fuel characteristics and facility environmental performance. These mechanisms are reinforced through market surveillance, inspection, joint and several liability provisions and administrative sanctions.

Accordingly, particularly for facilities using solid biofuels, thermal power plants, petroleum coke and other solid fuels, compliance with the Regulation may require a broader assessment than a review of technical fuel specifications alone. Applicable permitting and certification requirements, SFM registration obligations, facility-specific operating conditions, emissions performance considerations and relevant transitional provisions may need to be assessed together.

In particular, the transitional arrangements linked to 30 June 2027, 1 January 2028, 1 June 2028 and 1 June 2030 may warrant separate consideration in light of the circumstances of the relevant company or facility and any resulting compliance requirements.

 @Zeynep EMİROĞLU