Recent Keynotes of November 2016

International Agreements

• The Resolution of the Council of Ministers numbered 2016/9327 on the Ratification of the Memorandum of Understanding regarding Illegal Imports and Exports of Cultural Assets concluded between the Republic of Turkey and the Islamic Republic of Iran was published in the Official Gazette dated 2.11.2016 and numbered 29876.
• The Resolution regarding the Enforcement of the Resolution on Procedures and Principles of Structure and Operation of the Turkish Asset Fund Management Joint Stock Company was published in the Official Gazette dated 9.11.2016 and numbered 29883.
• The Resolution on the Ratification of the Memorandum of Understanding regarding the Development of Collaboration Oriented Artisan and Craftsman concluded between the Republic of Turkey Ministry of Customs and Trade and the Turkish Republic of Northern Cyprus Ministry of Economy and Energy was published in the Official Gazette dated 15.11.2016 and numbered 29889.
• The Resolution on the Ratification of the Supplement of Financing Agreement about Disjunctive Precaution to Reduce the Effects of the Syrian Refugee Crisis within the context of Instrument for Pre-Accession Assistance – IPA II concluded between the Republic of Turkey and the European Commission was published in the Official Gazette dated 16.11.2016 and numbered 29890.

Resolutions of the Council of Ministers

• The Resolution of the Council of Ministers dated 3.10.2016 and numbered 2016/9354 regarding the Amendments on the Supplemental Resolution to the Import Regime Resolution was published in the Official Gazette dated 21.10.2016 and numbered 29864.
• The Resolution of the Council of Ministers dated 25.10.2016 and numbered 2016/9385 regarding the Extension of some Time Limits Stated in the Law concerning the Reconstruction of some Assets was published in the Official Gazette dated 26.10.2016 and numbered 29869.
• The Resolution of the Council of Ministers dated 10.2016 and numbered 2016/9369 regarding the Detection of 2017’s General Investment and Finance Programme of Government Business Enterprises and Related Companies was published in the Official Gazette dated 28.10.2016 and numbered 29871.

Legislation

• The Regulation on the Amendment to the Regulation pertaining to the Procedures and Principles to be Followed in Tax Audits entered into force through publication in the Official Gazette dated 25.10.2016 and numbered 29868.
• The Regulation on the Amendment to the Implementation Regulation of Law on Converting Areas at Disaster Risk numbered 6306 entered into force through publication in the Official Gazette dated 27.10.2016 and numbered 29870.
• The Law on Movable Pledges on Commercial Transactions entered into force through publication in the Official Gazette dated 28.10.2016 and numbered 29871.
• The General Communiqué on Income Taxes entered into force through publication in the Official Gazette dated 28.10.2016 and numbered 29871.
• The Law on the Acceptance of the Amendments to the Enactment on Taking some Precautions regarding the State of Emergency entered into force through publication in the Official Gazette dated 29.10.2016 and numbered 29872.
• The Decree Law on taking some Precautions regarding the State of Emergency entered into force as of 15.10.2016 for Article 13 and through publication in the Official Gazette dated 29.10.2016 and numbered 29872 for the remaining articles.
• The Decree Law on making some Adjustments regarding the State of Emergency entered into force through publication in the Official Gazette dated 29.10.2016 and numbered 29872.
• The General Communiqué on the Law on Reconstruction of Some Assets numbered 6736 entered into force through publication in the Official Gazette dated 3.11.2016 and numbered 29877.
• The Regulation on Part Time Work After Maternity Leave or Unpaid Leave entered into force through publication in the Official Gazette dated 8.11.2016 and numbered 29882.

Competition Law

• Competition Board (“Board”) allowed the privatization through the block selling 100% shares of TP Petroleum Distribution A.Ş. (10.2016, 16-35/591-260)
• The Board ruled that the Agreement on Öz Örnek Beton’s authorization of the resale of plant-mixed concrete types that are produced by Dere Beton and signed between Dere Beton Hazır Beton ve Yaş Sıva San. Tic. A.Ş. and Öz Örnek Hazır Beton Yapı İnşaat San. ve Tic. Ltd. Sti, benefits from block exemption regarding Block Exemption Communiqué on Vertical Agreements numbered 2002/2. (27.10.2016, 16-35/599-267)
• The Board allowed the privatization through the “Transfer of Operating Rights” of Almus and Köklüce Hydroelectric Plants owned by Elektrik Üretim A.Ş. and the lands that the plant uses. (03.11.2016, 16-36/607-270)
• The Board ruled that privatization process of Güllük Marina that is owned by the Turkish Maritime Organization was not subject to authorization. (03.11.2016, 16-36/616-276)
• The Board gave a negative clearance document for “Common Channel Collaboration Agreement” that was signed between TTNET A.Ş. and Krea İçerik Hizmetleri ve Produksiyon A.Ş. and Digital Platform Teknoloji Hizmetleri A.Ş. (03.11.2016, 16-36/609-272)

Mergers and Acquisitions

• The Board authorized the transfer of joint control to sole control through the acquisition of various shares of Elsys Bilgi Sistemleri A.Ş. and Intelligence Analitik Sistemleri A.Ş. by Intelligence AG. (27.10.2016, 16-35/592-261)
• The Board authorized the acquisition of sales related to the business line of the production and sale of grooved board paper and cardboard conducted via Camiş Ambalaj Sanayi A.Ş., which is in the sole control of Türkiye Şişe ve Cam Fabrikaları A.Ş. and Paşabahçe Cam Sanayi ve Ticaret A.Ş. through partial demerger by Mosburger GmbH. (27.10.2016, 16-35/593-262)
• The Board authorized the acquisition of Jude Medical Inc. by Abbott Laboratories. (03.11.2016, 16-36/611-273)
• The Board authorized the merger of Akiş Gayrimenkul Yatırım Ortaklığı A.Ş. and Saf Gayrimenkul Yatırım Ortaklığı A.Ş. in Akiş Gayrimenkul Yatırım Ortaklığı A.Ş.’s structure through the acquisition of Saf Gayrimenkul Yatırım Ortaklığı A.Ş. with all of its assets and liabilities as a whole by Akiş Gayrimenkul Yatırım Ortaklığı A.Ş. (03.11.2016, 16-36/617-277)
• The Board authorized the acquisition of equipment of EİS Eczacıbaşı İlaç, Sınai ve Finansal Yatırımlar San. ve Tic. A.Ş. and “IV Serum Product Assets” of Eczacıbaşı-Baxter Hastane Ürünleri San. ve Tic. A.Ş. by Koçak Farma İlaç ve Kimya San. A.Ş. (03.11.2016, 16-36/625-278)
• The Board authorized the acquisition of 100% shares of Thrace Basin Natural Gas Corporation (Turkey) by Valeura Energy B.V. (Netherlands). (16.11.2016, 16-39/631-280)

Energy

• The Energy Market Regulatory Authority (“EMRA”) Decision dated 29.09.2016 and numbered 6507-6 entered into force through publication in the Official Gazette dated 22.10.2016 and numbered 29865.
• The Regulation Amending the Regulation on the Electricity Market Licence entered into force through publication in the Official Gazette dated 22.10.2016 and numbered 29865.
• The Regulation Amending the Regulation on the Unlicensed Electricity Generation in the Electricity Market entered into force through publication in the Official Gazette dated 22.10.2016 and numbered 29865.
• The EMRA Decision dated 21.10.2016 and numbered 6541 on Innovation on the Resolution of the Council about License Application in Liquefied Petroleum Gas (LPG) Market entered into force through publication in the Official Gazette dated 26.10.2016 and numbered 29869.
• The Regulation Amending the Regulation on the Documentation and Support of the Renewable Energy Resources entered into force through publication in the Official Gazette dated 28.10.2016 and numbered 29871.
• The By- Law Abrogating the By-Law on the Petroleum entered into force through publication in the Official Gazette dated 03.11.2016 and numbered 29877.
• The EMRA Decision dated 11.2016 and numbered 6574-6 on Procedures and Principles on Storage Obligations entered into force through publication in the Official Gazette dated 08.11.2016 and numbered 29882.
• The Regulation Amending the Regulation on Natural Gas Market Distribution and Customer Services entered into force through publication in the Official Gazette dated 11.2016 and numbered 29892.
• The EMRA published the Natural Gas Market Sector Report of August, 2016.
• The EMRA published the Electricity Market Sector Report of September, 2016 on 18.11.2016.
• The EMRA published the Liquefied Petroleum Gas (LPG) Market Sector Report of September, 2016 on 18.11.2016.
• The EMRA published the Petroleum Market Sector Report of August, 2016 on 22.11.2016.