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Law No. 7346 amending certain laws was published in the Official Gazette on 25 December 2021 (“New Law“) and became effective on the same date. We have previously provided some information on its draft version in our client alert here. We now set out below more details regarding the regulations under the New Law concerning the electric vehicle (“EV“) charging stations.
What does the New Law say?
The New Law provides comprehensive regulations regarding EV charging stations:
- Charging stations will be subject to a “charging network operator license” to be received from the Energy Market Regulatory Authority (EMRA).
- After a charging network operator license is granted, license holders will be able to establish a charging network to manage their charging stations as well as establish and operate charging stations within the region stated in their license. License holders can also issue certificates to third parties for the establishment and operation of charging stations on behalf of the license holder.
- License holders will have the right to enter into loyalty agreements (agreements under which vehicle owners can purchase charging services with specific advantages) with electric vehicle owners.
- License holders should also undertake the following:
- Provide quality, continuing and uninterrupted service, except in cases of force majeure and other exceptional events
- Provide charging services for all electric vehicles (without discrimination)
- Not charge users additional fees except the charging price
- Keep its system available for auditing by relevant public authorities
- Ensure integration with the free access platform to be established by EMRA for real-time monitoring of the charging stations
- – Ensure the operation of the charging stations (whether operated by itself or a certified operator) in compliance with the connection and system usage agreements to be signed with the distribution companies.
- License holders will determine the charging price as subject to competition rules and authorities of EMRA. EMRA will be authorized to determine regional or national minimum and maximum price limits if and when it determines that there are some activities in the market that can distort or restrict competition or continuity of the charging services. The license holder must publish prices on digital platforms and at its charging station.
- EMRA will perform land accommodation transactions for compulsory establishment of charging stations and expropriate relevant lands within that scope where required. License holders will be responsible for the fees and charges to be paid for the usage of the land.
- Current charging station owners will be required to receive a charging network operator license from EMRA within four months following the enactment of the New Law.
Conclusion
The New Law sets forth the requirements for EV charging stations, and details regarding its implementation will be provided under a regulation to be issued by EMRA within three months following its enactment. After the regulation is issued, the number of EV charging stations is expected to rapidly increase in Turkey.
