The Charging Service Regulation ("Regulation"), which governs the establishment of charging stations where electric energy is supplied to electric vehicles, the operation of the charging network and stations connected to the charging network, and the provision of charging services, was published in the Official Gazette dated 2 April 2022 and numbered 31797. In addition, the "Procedures and Principles Regarding Applications for Charging Network Operator License Transactions," which enables the electronic submission of license applications and applications for adding stations to, or removing stations from, the charging network regulated in the Regulation, was accepted by the Energy Market Regulatory Authority ("EMRA") and published on the same date.
According to the Regulation, charging network operation must be carried out under a charging network operator license to be issued by the EMRA.
According to the EMRA decision dated 17 March 2022 and numbered 10853, only legal entities established as a joint stock entity or limited liability company established in accordance with the provisions of the Turkish Commercial Code No. 6102 may apply for a license, and the minimum capital of said legal entity must be no less than 4,500,000 Turkish Liras.
A license may be granted for a maximum period of 49 years. The license period may be extended upon the request of the license holder, starting from the end of the license period and considering the maximum license period stipulated. In terms of these provisions, the charging network operation activity seems to be regulated in parallel with the license periods in the Electricity Market License Regulation. Similarly, as in the Electricity Market License Regulation, legal entities licensed within the scope of this Regulation can transfer their rights and obligations to another legal entity through merger or demerger, provided that an EMRA approval is obtained.
The charging network operator must establish a charging network consisting of at least fifty charging units and charging stations in at least five different districts within six months from the effective date of its license.
In order to meet the electricity need of the charging station, an electricity generation facility based on renewable energy sources within the scope of the Regulation on Unlicensed Electricity Production in the Electricity Market and an electricity storage facility integrated into the consumption facility within the scope of the Regulation on Storage Activities in the Electricity Market may be established within the charging station.
Charging stations are classified as consumption units on the grid and are allowed to be coupled with unlicensed generation facilities based on renewable resources, thereby enabling a decentralized network and relieving the distribution grid of the additional load resulting from the commissioning of charging stations.
In accordance with the decision of EMRA dated 31 March 2022 and numbered 10895, the license fee to be applied in 2022 regarding the charging network operator license is 300,000 Turkish Liras.
Under normal circumstances, the charging service price is determined freely. However, EMRA is authorized to set floor and/or ceiling prices and to take any necessary actions at the regional or national level, not exceeding three months at a time, to prevent actions or agreements disrupting competition.
Finally, while petrol stations are required to obtain a license directly from EMRA under the Petroleum Market License Regulation, under the Regulation, charging station operators will only need to obtain a certificate from charging network operators. Thus, without prejudice to the supervisory authority of EMRA, the establishment of standards in the management and development of the network has been left to the charging network operator to some extent. Despite the discretion that has been granted to charging network operators, if a charging network operator wishes to add a new station to the charging network, it must file an application with EMRA and obtain consent.
Charging service providers currently in operation must comply with the Regulation by 2 August 2022.
