Turkish Energy Market Regulatory Authority (“EMRA”) has taken measures for mitigating the effects of the COVID-19 pandemic upon electricity market.
As per EMRA’s decision dated 2 April 2020 (“Decision”), periodical liabilities of legal persons operating in the electricity markets who hold preliminary licenses or generation licenses, as well as real and legal persons who have signed connection agreements within the scope of unlicensed production activities, has been postponed for three months.
EMRA states that the COVID-19 pandemic has been considered as force majeure under article 35 of the Electricity Market Licensing Regulation (“Regulation”) and article 19 of the Regulation on Unlicensed Electricity Generation in Electricity Market.
Accordingly;
- Three-month extension is provided for legal persons who hold generation licenses and preliminary licenses, valid as of expiry date, with respect to the following periods:
- Periods within the scope of the pre-construction term concerning preliminary license periods or production licenses, and the construction periods,
- Periods regarding liabilities determined within the scope of preliminary license or license amendments,
- Periods regarding liabilities determined within the scope of mergers and de-mergers,
- Periods regarding liabilities determined within the scope of granting generation licenses in lieu of a previous license,
- Periods granted to complete required information and documents within the scope of preliminary license and license applications,
- Periods regarding preliminary license amendment applications to be made within the scope of the second paragraph of Article 18 of the Regulation.
- Also, as per the Regulation on Unlicensed Electricity Production in Electricity Market, terms of the connection agreements concerning the generation facilities whose connection agreement terms expire on or after 10 March 2020 are decided to be extended for three months. This extension is granted for once and valid as of expiry date, without the need of any further action.
Decision dated 2 April 2020 and numbered 9276 has been published in Official Gazette dated 4 April 2020 and numbered 31089. Please see this link for the full text of the (only available in Turkish).