Recent Keynotes of June 2017

International Agreements

  • The Resolution of the Council of Ministers numbered 2017/10196 on the Ratification of the Memorandum Related to the Grant of Dialogue Partner Status in Shanghai Cooperation Organization to the Republic of Turkey was published in the Official Gazette dated 24.05.2017 and numbered 30075.
  • The Resolution of the Council of Ministers numbered 2017/10107 on the Ratification of the ‘Regional Competitiveness’ Multi-Annual Operational Programme for the Community Assistance Provided by the Instrument for Pre-Accession Assistance Under Regional Development Component and the Notes Annexed to the Financing Agreement Amending the Relevant Financing Agreement between the Turkish Republic and European Commission on behalf of the European Union was published in the Official Gazette dated 06.06.2017 and numbered 30088 (bis).
  • The Resolution of the Council of Ministers numbered 2017/10187 on the Ratification of the Provisions of Economic Cooperation Organization Reinsurance Company Agreement was published in the Official Gazette dated 06.06.2017 and numbered 30088 (bis).
  • The Resolution of the Council of Ministers numbered 2017/10379 on the Ratification of the Memorandum of Understanding on the Alignment of Silk Road Economic Belt, 21st Century Maritime Silk Road and Middle Corridor Initiative between the Turkish Republic and the People’s Republic of China was published in the Official Gazette dated 07.06.2017 and numbered 30089.
  • The Resolution of the Council of Ministers numbered 2017/10153 on D-8 Organization for Economic Cooperation Charter was published in the Official Gazette dated 07.06.2017 and numbered 30089 (bis).
  • The Resolution of the Council of Ministers numbered 2017/10322 on the Ratification of the Memorandum of Understanding Related to the Cooperation for Commerce and Investment Incentives between the Turkish Republic and the Islamic Development Bank Group was published in the Official Gazette dated 07.06.2017 and numbered 30089 (bis).

Council of Ministers’ Resolutions

  • The Resolution of the Council of Ministers numbered 2017/10327 Pertaining to the Postponement of a Strike Decision in Some Workplaces taken by Kristal-İş Sendikası on the Grounds of National Security was published in the Official Gazette dated 22.05.2017 and numbered 30073.
  • The Resolution of the Council of Ministers numbered 2017/10430 Pertaining to the Postponement of a Strike Decision in Workplaces Affiliated to Mefar İlaç Sanayii Anonim Şirketi, and taken by Petrol-İş Sendikası on the Grounds of Public Health was published in the Official Gazette dated 05.06.2017 and numbered 30087 ( 2nd bis).

Legislation

  • The Regulation Amending the Regulation on Environmental Impact Assessment entered into force through publication in the Official Gazette dated 26.05.2017 and numbered 30077.
  • Law numbered 7020 on the Reconstruction of Some Receivables and Amending some laws and a Decree Law entered into force through publication in the Official Gazette dated 27.05.2017 and numbered 30078.
  • The Regulation on Very Light-Air Vehicles and Commercial Aeronautic Activities (SHY 6A-ÇH) entered into force through publication in the Official Gazette dated 27.05.2017 and numbered 30078.
  • The Communiqué (No: 2017/2) Amending the Communiqué (Communiqué No: 2006/4) on the Branding of Turkish Products Abroad, and the Establishment of Image of Turkish Goods, and Supporting TURQUALITY® entered into force through publication in the Official Gazette dated 01.06.2017 and numbered 30083.
  • The Communiqué on the Reconstruction of Custom Receivables within the Scope of Law numbered 7020 was published in the Official Gazette dated 03.06.2017 and numbered 30085.
  • The General Communiqué (Serial No:1) on Law numbered 7020 on the Reconstruction of Some Receivables was published in the Official Gazette dated 03.06.2017 and numbered 30085.
  • The General Communiqué (Serial No:2) on Law numbered 7020 on the Reconstruction of Some Receivables was published in the Official Gazette dated 03.06.2017 and numbered 30085.
  • The Regulation Amending the Regulation on Financial Holding Companies entered into force through publication in the Official Gazette dated 06.06.2017 and numbered 30088, providing validity from 01.01.2017.
  • The Communiqué on the Safety Stamp in Electronic Commerce was published in the Official Gazette dated 06.06.2017 and numbered 30088.
  • The Communiqué on Customs Exemption (Serial No: 2) was published in the Official Gazette dated 06.06.2017 and numbered 30088.
  • The Regulation Amending the Regulation on Permission Required Transactions of the Banks and Indirect Shareholding entered into force through publication in the Official Gazette dated 09.06.2017 and numbered 30091.
  • The Regulation Amending the Regulation on Airport Ground Services (SHY-22) entered into force through publication in the Official Gazette dated 17.06.2017 and numbered 30099.

Competition Board Decisions

  • The Competition Board (“Board”) granted negative clearance to the lease contract between CarrefourSA Carrefour Sabancı Ticaret Merkezi A.Ş. and Metro Properties Gayrimenkul Yatırım A.Ş. (24.05.2017, 17-17/254-107)
  • The Board decided that the Distributorship Agreement between Bayer Consumer Care AG and Moltek Sağlık Hizmetleri Üretim ve Pazarlama A.Ş. is not contrary to Law numbered 4054, and granted individual exemption to the License Agreement between Bayer Türk Kimya Sanayi Ltd.Şti. and Moltek Sağlık Hizmetleri Üretim ve Pazarlama A.Ş. (08.06.2017, 17-19/289-126)
  • The Board conditionally granted individual exemption to the determination of credit card clearing commission rate by Bankalararası Kart Merkezi A.Ş. according to the formula approved by the Board, and to continuance of the abovementioned rate if there is no variance of ±5% in the determined rate, and determined the expiry of the exemption period as 3 years from the notification of the reasoned decision to Bankalararası Kart Merkezi A.Ş. The Board grounded its decisions on the distinctive structure of the card payment system market. (08.06.2017, 17-19/294-130)

Mergers and Acquisitions

  • The Board authorized the establishment of the joint control of KMG International N.V. by CEFC Hainan International Oil Co., Ltd. and the Joint Stock Company National Company KazMunayGas. (24.05.2017/ 17-17/248-102)
  • The Board authorized the acquisition of all of the shares of OMV Petrol Ofisi Holding A.Ş., a company under the direct control of OMV Aktiengesellschaft, by VIP Turkey Enerji A.Ş., a company under the indirect control of Vitol Investment Partnership Limited. (24.05.2017, 17-17/249-103)
  • The Board authorized the establishment of a joint venture company between Hitachi Automotive Systems Ltd. and Honda Motor Co., Ltd. (24.05.2017, 17-17/250-104)
  • The Board authorized establishment of the sole control of Tavuk Dünyası Gıda Sanayi ve Ticaret A.Ş. through the acquisition of a certain number of its shares by GRI Gıda Sanayi ve Ticaret A.Ş. (24.05.2017, 17-17/253-106)
  • The Board authorized the acquisition of the joint control of Stada Arzneimittel AG by Bain Capital Europe Fund IV L.P., a fund managed by Bain Capital Investors LLC, and through Nidda Healthcare Holding AG by the funds managed by Cinven Capital Management(VI) Limited Partnership Incorporated, which operates through its controlling mother company, Cinven Capital Management(VI) General Partner Limited. (24.05.2017, 17-17/255-108)
  • The Board authorized the acquisition of a certain number of the shares of Ibrakom FZCO, held by Biskom International DMCC and Selkar Trading FZE, by CJ Lojistik Corporation. (24.05.2017, 17-17/258-109)
  • The Board authorized the establishment of a joint venture company by Nippon Yusen Kabushiki Kaisha, Mitsui O.S.K. Lines, Ltd. and Kawasaki Kisen Kaisha, Ltd., which shall incorporate regular container transportation services and container terminal services (terminals in Japan excluded). (24.05.2017, 17-17/259-110)
  • The Board authorized the establishment of a joint venture between Timur Gayrimenkul Geliştirme Yapı ve Yatırım A.Ş. and the European Bank for Reconstruction and Development through the acquisition of the minority shares held by Nef EBRD Gayrimenkul Geliştirme A.Ş. by the European Bank for Reconstruction and Development. (24.05.2017, 17-17/260-111)
  • The Board decided that the transfer of Adabank Ticari ve İktisadi Bütünlüğü to Savings Deposit and Insurance Fund is out of the scope. (24.05.2017, 17-17/257-BD)
  • The Board authorized the acquisition of the joint control of PSPIB Waiheke Inc. by Canada Pension Plan Investment Board and the Public Sector Pension Investment Board. (01.06.2017, 17-18/267-113)
  • The Board authorized the acquisition of the joint control of Ascend Learning Holdings, LLC by the Canada Pension Plan Investment Board and The Blackstone Group L.P. (01.06.2017, 17-18/268-114)
  • The Board authorized the acquisition of the sole control of all of the affiliates and branches constituent of the automotive business unit of Opel/Vauxhall in Europe (included Turkey), owned by General Motors Holdings LLC, by Peugeot S.A. (01.06.2017, 17-18/269-115)
  • The Board authorized the establishment of joint control on the limited liability company to be established by Rixos Licensing B.V., by Rixos Licensing B.V. and Accor S.A. (01.06.2017, 17-18/275-119)
  • The Board authorized the acquisition of a certain number of shares of OMCO İstanbul Kalıp Sanayi ve Ticaret A.Ş., held by Anadolu Cam Sanayi A.Ş., by OMCO International N.V., shareholder of a certain number of shares of the company. (01.06.2017, 17-18/277-120)
  • The Board authorized the acquisition of the sole control of a certain number of shares of Grup Florence Nightingale Hastaneleri A.Ş. by Florence Nightingale Hastaneleri Holding A.Ş. (01.06.2017, 17-18/281-121)
  • The Board authorized the acquisition of the sole control of IHY İzmir Havayolları A.Ş., which was previously under joint control, by Pegasus Hava Taşımacılığı A.Ş. (08.06.2017, 17-19/290-127)
  • The Board authorized the establishment of a joint venture through the acquisition of the shares of the financing affiliates and branches constituent of the financing business unit of Opel/Vauxhall, owned by General Motors Financial Company, Inc. and Adam Opel AG, which are affiliates of General Motors Holdings LLC by Peugeot S.A. and BNP Paribas S.A. (08.06.2017, 17-19/291-128)
  • The Board authorized the acquisition of all of the shares of Carmel Capital S.à.r.l, a holding company of AWAS Aviation Capital DAC, by Dubai Aerospace Enterprise Ltd. (08.06.2017, 17-19/292-129)
  • The Board authorized the acquisition of the control of Bossa Ticaret ve Sanayi İşletmeleri T.A.Ş., a company under the control of Akkardan Sanayi ve Ticaret A.Ş., and Akkardan Sanayi ve Ticaret A.Ş. by İsrafil UÇURUM and Yusuf UÇURUM. (08.06.2017, 17-19/297-132)
  • The Board authorized the acquisition of a certain number of shares of Saide Tekstil Sanayi ve Ticaret A.Ş. by Marubeni Corporation. (08.06.2017, 17-19/298-133)
  • The Board decided that the acquisition of a certain number of shares of Bosphorus Gaz Corporation A.Ş. held by Gazprom Germania GmbH by Adnan ŞEN is not subject to permission. (08.06.2017, 17-19/283-BD)
  • The Board decided that the acquisition of a certain number of shares of Kibar Enerji A.Ş. held by Hency Trading Limited by Galleon Construction and Property Limited is out of the scope. (08.06.2017, 17-19/302-BD)

Energy

  • The Regulation Amending Natural Gas Market License Regulation entered into force through publication in the Official Gazette dated 24.05.2017 and numbered 30075.
  • Energy Market Regulatory Authority (“EMRA”) published 2016 Sector Reports on 30.05.2017.
  • The Regulation Amending the Regulation on Electricity Market for Connection and Use of System entered into force through publication in the Official Gazette dated 01.06.2017 and numbered 30083.
  • The Regulation Amending the Electricity Market License Regulation entered into force through publication in the Official Gazette dated 09.06.2017 and numbered 30091.
  • The Regulation Amending the Natural Gas Market Distribution and Customer Services Regulation entered into force through publication in the Official Gazette dated 09.06.2017 and numbered 30091.
  • The Regulation Amending the Regulation on the Inspection of the Domestic Material Used in Electricity Power Production Plants by Renewable Energy Resources was published in the Official Gazette dated 09.06.2017 and numbered 30091. Its Article 3 enters into force as per 01.11.2018, as well as other articles through publication.
  • EMRA published the Announcement Related to Free Consumer Applications in Organized Industrial Zones on 19.06.2017.