Evaluation On the Draft Regulation On Charging Station Services

The draft Regulation on Charging Station Services has been prepared by the Energy Market Regulatory Authority (EMRA). The purpose of this (draft) Regulation; is to determine the procedures and principles regarding the establishment of charging units and stations where electrical energy is supplied to electric vehicles, the operation of the charging network and charging stations connected to the charging network, and the provision of charging services.

The second part of the draft Regulation regulates operator licenses, exemptions and licensing processes. In this context;

- The charging network operation shall be carried out within the scope of the license to be granted by the Authority.

- The license cannot be transferred, and within the framework of the conditions stipulated by the Regulation, it may be requested to grant a license to the legal person proposed by the Authority, provided that it undertakes all its obligations.

- Licensee legal entities whose tariffs are subject to regulation shall not be able to apply for a charging network operating license and shall not be able to provide charging services.

- Private charging stations that do not operate commercially and charging units that users set up for their own needs will not be required to be connected to a charging network.

Only joint-stock companies or limited liability companies can apply for a license.

All of the shares of joint-stock companies shall be registered shares, and bearer shares cannot be issued except for those that shall be issued to be traded on the stock exchange.

The applicant company shall be able to apply through the EMRA Application System with the information and documents that must be submitted by the procedures and principles determined by the Authority. The information of the company official who will make an electronic application to the Authority is submitted to the Authority in writing. The Authority will define the electronic application authorization of the authorized person on behalf of the company within five business days following the notification date.

Arrangements regarding receipt, examination and evaluation of license applications, finalization of applications, entry into force of the license, license period and extension, license change and expiration of the license are in Articles 7-14 of the Regulation. In this context;

- The examination on of the documents (in terms of whether the information and documents requested from the legal entity are submitted according to the requirements during the application) shall be completed within ten working days.

- The evaluation of the license application is submitted to the Board and the license application shall be finalized upon the Board's decision.

- The License shall enter into force on the date specified in the License and the rights and obligations of the licensee under the license shall become valid from this date.

- The license shall be granted for a minimum of 10 years and a maximum 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 stipulated periods.

- The license may be amended at the request of the licensee or by virtue of the Authority.

- The license will expire without notice at the end of its term.

In the third part of the draft Regulation; the Charge Network, Rights and Obligations of the Licensee are regulated. In this context;

- The charging network shall consist of charging stations established and operated within the scope of certificates issued by the charging network operator.

- The charging network operator shall install a charging network consisting of at least fifty charging units within six months from the effective date of its license.

- The Authority may impose commercial and technical obligations and special conditions on charging network operators, including establishing a certain number of charging stations in certain locations.

License provides the licensee the following rights and obligations;

- Provide charging service throughout the country,

- Establishing and operating a charging station,

- Establishing and operating a charging station within the scope of the certificates it has provided,

- Entering into loyalty agreements with users,

- The right to ask for land for their stations.

The licensee shall apply to the Authority electronically to add new charging station(s) to the charging network. The operator shall be responsible for the accuracy and security of all information submitted to the Authority.

In the 20th article of the regulation; it is regulated that the charging network operator shall be allowed to issue certificates to third parties for the establishment and operation of the charging station and the operation of the charging station in connection with its charging network.

The fourth part of the draft Regulation is about the Rules for Charging Stations, installation and operation are regulated. The charging station shall be designed, installed and operated by applicable legislation and standards, and a charging station can be established upon distribution companies’ affirmative responses. For the charging station to start providing charging services, a business license and a working license are mandatory. On the contrary, the charging service activities at the charging station shall be terminated.

Under the fifth part, the provisions regarding pricing have been regulated and it has been stated that the price of the charging service can be determined freely. However, upon the request of the Authority, the charging network operator shall be obliged to explain the formation of the price.

6th part determines the rights and obligations of users are regulated. It is stated that it is essential for users to receive service from stations that provide charging services under the same conditions as other users in the same location to meet their instant and individual demands. The charging network operator; shall inform the user by establishing communication channels where complaints are forwarded, recorded and users can be followed, and complaints shall be finalized within 15 working days.

EMRA is authorized to inspect the stations and the licensees by its own personnel or, if necessary, by way of other public institutions and organizations means.

The rights and obligations of the charging network operator may be postponed or suspended by the Authority in cases of a force majeure event.

In brief, the regulation determines the conditions for electric vehicle charging stations and the details regarding the practice. Those who would like to contribute and submit opinions should use the opinion form published on EMRA’s web site and the deadline is stated as February 4, 2022 (close of business).

The content herein is aimed at providing a general insight regarding the subject. For customized circumstances or for further information, please refer to your lawyer.