Turkish Regulation On Increasing Efficiency In The Use Of Energy And Energy Resources

In this post, we would like to present the English translation of the Regulation On Increasing Efficiency In The Use Of Energy And Energy Resources for your information and use.

REGULATION ON INCREASING EFFICIENCY IN THE USE OF ENERGY AND ENERGY RESOURCES

PART ONE

Objective, Scope, Basis, and Definitions

Objective

ARTICLE 1 - ( 1) The purpose of this Regulation is to regulate the procedures and principles regarding the efficient use of energy, prevention of energy waste, alleviation of the burden of energy costs on the economy and increasing efficiency in the use of energy resources and energy in order to protect the environment.

Scope

ARTICLE 2 - (Amended:OG-6/7/2022-31888)

(1) This Regulation covers the procedures and principles regarding authorization of universities, professional chambers and energy efficiency consultancy companies in directing and disseminating services and studies on energy efficiency, energy management practices, duties and responsibilities of energy managers and energy management units, training and certification activities related to energy efficiency, studies and projects, support of projects and voluntary agreement practices, demand side management, increasing efficiency in the production, transmission, distribution, storage and consumption of energy, utilisation of waste heat, increasing efficiency in outdoor lighting, encouraging the use of alternative fuels such as biofuels and hydrogen and administrative sanctions.

Basis

ARTICLE 3 - (Amended:OG-25/1/2020-31019)

( 1) This Regulation has been prepared based on the Electricity Market Law dated 14/3/2013 and numbered 6446, the Energy Efficiency Law dated 18/4/2007 and numbered 5627, and Articles 166, 174 and 508 of the Presidential Decree on the Organisation of the Presidency dated 10/7/2018 and numbered 1.

Definitions and abbreviations

ARTICLE 4 - ( 1) In this Regulation;

a) Waste: Used tyres, paint sludge, solvents, plastics, waste oils and other wastes deemed suitable for use as fuel by the Ministry of Environment and Urbanisation,

b) Ministry: Ministry of Energy and Natural Resources,

c ) (Amended:RG-25/1/2020-31019) Application file: The file consisting of the application letter and the documents attached to this letter together with the project file, submitted to the Ministry in writing and / or electronically, and the content of which is updated by the Ministry in line with the emerging needs,

ç) Component energy gain (CEG): Depending on the scope of the project efficiency component, the amount of energy in kWh obtained from the sum of equipment unit energy savings or system unit energy savings and unit waste energy recovery,

d) (Repealed: OG-25/1/2020-31019)

e) Component annual operating time (CALO): Average annual working hours in hours declared by the project owner, not exceeding the total annual working hours of the industrial enterprise,

f) Component annual energy gain: The amount of energy obtained by multiplying the component energy gain by the CALO,

g) Component financial savings: Annual savings in Turkish Lira obtained by multiplying the component annual energy gain by the unit price of the energy used in the project's efficiency component,

ğ) Building: A building or group of buildings for residential, service, and commercial use,

h) Building owner: The owner of the building who has the right of ownership over the building, the owner of the usufruct right, if any, and if neither of them are present, the real or legal person who disposes of the building as the owner,

ı) Building management: The natural or legal person responsible for the operation and/or management of the building,

i) Unit waste energy recovery: The amount of heat energy in kWh produced in one hour by the equipment on which waste energy recovery measures have been taken at operating load and in operation,

j) Consultancy Services provided to ensure the proper realisation of projects,

k) Course time: Forty minutes,

l) (Amended:RG-25/1/2020-31019) Support allowance (SA): The amount of appropriation in Turkish Lira placed in the Ministry's budget for efficiency-enhancing project supports and voluntary agreements,

m) Equipment: Devices such as electric motors, boilers, furnaces, ovens, refrigerators, air conditioners, pumps, fans, compressors, lifts, belt conveyors, lighting apparatus and other process or manufacturing equipment that use fuel, electrical energy, or heat energy through fluids and each of which forms the subject of a project component,

n) Equipment unit energy consumption: The amount of energy in kWh that the equipment consumes in one hour at operating load and in motion,

o) Equipment unit energy savings: The difference in kWh between the unit energy consumption of the equipment before and after project implementation,

ö) Electrical household appliance: Products that use electrical energy such as refrigerators, freezers, air conditioners, washing machines, washing machines with dryer, ovens, dishwashers, water heaters, electric heaters, light bulbs and fluorescents, irons, televisions, computers, stereos,

p) Industrial enterprise: Enterprises with a total annual energy consumption of 1,000 TOE or more, which are affiliated to the chamber of commerce and industry, chamber of commerce and chamber of industry, and which produce all kinds of goods, other than legal entities holding a licence for electricity generation,

r) Energy labelling: The document containing information about the energy consumption levels of energy consuming equipment,

s) Energy efficiency: Reduction of energy consumption per unit of service or product quantity without causing a decrease in the standard of living and service quality in buildings and production quality and quantity in industrial enterprises,

ş) Energy efficiency services: Energy manager training, survey and efficiency increasing project preparation, project implementation and consultancy services to increase energy efficiency,

t) Energy intensity: The amount of energy consumed to produce economic value,

u) Energy manager: A person who is responsible on behalf of the management for the fulfilment of activities related to energy management in industrial establishments or buildings within the scope of the Law and who has an energy manager certificate,

ü) Energy management: Training, study, measurement, monitoring, planning, and implementation activities carried out to ensure efficient use of energy resources and energy,

v ) (Amended: OG-6/7/2022-31888) Energy management unit: The unit that operates under the responsibility of the energy manager to carry out energy management practices; directly connected to the management of public institutions, industrial enterprise, or organised industrial zone,

y ) (Amended:RG-25/1/2020-31019) ENVER label: The document given by the Ministry to those who meet the minimum energy efficiency requirements defined in this Regulation,

z) (Amended:RG-25/1/2020-31019) Study: Studies carried out in order to reveal the opportunities for increasing energy efficiency and consisting of information collection, measurement, evaluation, and reporting stages; determining the energy saving potentials and measures to recover these potentials through measurement, calculation and market research and carried out in accordance with the implementation procedures and principles prepared by the Ministry,

aa) (Amended:RG-6/7/2022-31888) Survey-project certificate: The certificate issued by the Ministry to enable them to carry out training, survey, consultancy, and efficiency-enhancing project services in the building and/or industrial sectors,

bb) (Repealed:RG-25/1/2020-31019)

cc) (Repealed: OG-25/1/2020-31019)

çç) (Repealed: RG-25/1/2020-31019)

dd) Service agreement: Agreements made between energy efficiency consultancy companies and the management of industrial enterprises or buildings for the provision of survey and consultancy services,

ee) Operating load: The capacity of the equipment, in kW, used in operation,

ff) Public sector: Public institutions and organisations and their subsidiaries, professional organisations, universities, and local administrations,

gg) Law: Energy Efficiency Law No. 5627 dated 18/4/2007,

ğğ) Cogeneration: Simultaneous production of heat and electricity and/or mechanical energy in the same plant,

hh) (Repealed: OG-25/1/2020-31019)

ii) Professional Chambers: The Chamber of Electrical Engineers affiliated to the Union of Chambers of Turkish Engineers and Architects and/or the Chamber of Mechanical Engineers affiliated to the Union of Chambers of Turkish Engineers and Architects,

ii) (Amended:RG-6/7/2022-31888) Project: Efficiency-increasing project prepared on the basis of components, in accordance with the application procedures and principles prepared by the Ministry, which includes solutions on issues such as waste energy recovery, cogeneration systems, renewable energy-sourced heat projects, as well as prevention or minimisation of unnecessary energy use, waste energy, energy losses and leakages, by means of energy-efficient equipment and system use, insulation, rehabilitation and process regulation,

j) Project cost (PC): The total cost in Turkish Lira, excluding Value Added Tax, of the expenditures required in the preparation and implementation of the project, specified in the project,

kk) (Amended:RG-25/1/2020-31019) Project file: The file prepared on the basis of components in accordance with the implementation procedures and principles prepared by the Ministry and submitted to the Ministry for support,

ll) (Repealed: OG-25/1/2020-31019)

mm) (Repealed: OG-25/1/2020-31019)

nn) Project energy gain (PEG): The sum of the energy gains in kWh of the project-efficiency components within the scope of the project,

oo) (Repealed: OG-25/1/2020-31019)

öö) (Repealed: OG-25/1/2020-31019)

pp) (Amended:RG-25/1/2020-31019) Project efficiency component: Each equipment constituting the project, group of equipment with the same characteristics, system, or cogeneration system,

rr) (Repealed: OG-25/1/2020-31019)

ss) (Amended:RG-25/1/2020-31019) Project on-site inspection: The on-site inspection carried out by the Ministry, or real or legal persons appointed by the Ministry in accordance with the implementation procedures and principles in order to determine the pre- and post-implementation situations within the scope of the project,

şş) (Repealed:RG-25/1/2020-31019)

tt) Reference energy intensity: Average of the energy intensities of industrial enterprises in the last five years,

uu) (Amended:RG-6/7/2022-31888) System: Energy distribution and control applications,

üü) System energy savings: Difference in kWh between the system's unit energy consumption before and after the project implementation,

vv) (Amended: OG-25/1/2020-31019) Company: Energy efficiency consultancy companies that are granted an authorisation certificate to carry out energy efficiency services within the framework of their authorisation agreement with the Ministry or authorised institutions,

yy) TOE: Tonnes of Petroleum Equivalent,

zz) Total construction area: The sum in square metres of all floors and closed areas of the building, including basements, mezzanines and roof spaces and common areas, excluding courtyards, skylights, all kinds of air shafts, eaves and areas without heating or cooling,

aaa) TSE: Turkish Standards Institute,

bbb) Implementation agreement: The agreement between the companies and the management of industrial enterprises or buildings for the implementation of the project by guaranteeing the amount of energy savings to realise the implementation of the measures determined by the survey studies,

ccc) (Change: RG-6/7/2022-31888) Applied course: Energy management and study-project courses given in a laboratory environment with the qualifications defined in the application procedures and principles to include experiments, measurements, and similar practical studies in accordance with the provisions of this Regulation,

ççç) Implementation report: The report prepared after the completion of the project implementation and containing information and images before and after the implementation,

ddd) (Amended:RG-25/1/2020-31019) Authorisation certificate: The certificate issued by the Ministry to universities and professional associations to carry out training, authorisation, and monitoring activities, and by the Ministry, professional associations, or universities to companies to carry out training, survey, consultancy and project preparation and implementation activities within the framework of the authorisation agreements,

eee) (Amended:RG-25/1/2020-31019) Authorised institutions: Professional associations and universities authorised by the Ministry to carry out training, authorisation, and monitoring activities within the framework of the authorisation agreement,

fff) Management: The owner, the usufructuary, if any, or the person in charge of the management on their behalf,

ggg) (Annex: OG-25/1/2020-31019) Agreement period: The period of forty months starting from January of the year following the year in which the voluntary agreement is made,

ğğğ) (Annex: OG-25/1/2020-31019) Chairman: Head of the Energy Efficiency and Environment Department,

hhh) (Annex: OG-25/1/2020-31019) Presidency: Energy Efficiency and Environment Department,

ııı) (Annex: OG-25/1/2020-31019) Application form: The form consisting of the application letter and the documents attached to this letter within the scope of voluntary agreements, submitted to the Ministry in writing and / or electronically and updated by the Ministry in line with the emerging needs,

iii) (Repealed: OG-6/7/2022-31888)

j) (Annex: OG-25/1/2020-31019) Monitoring period: The period of thirty-six months starting from January of the year following the year in which the voluntary agreement is made,

kkk) (Annex: OG-25/1/2020-31019) Monitoring form: The form consisting of the monitoring period letter and the documents attached to this letter within the scope of voluntary agreements, submitted to the Ministry in written and / or electronic environment and updated by the Ministry in line with the emerging needs,

lll) (Annex: OG-25/1/2020-31019) Measurement and verification: The process of planning, measuring, collecting and analysing data with methods determined in accordance with "TS ISO 50006 Energy performance measurement using energy baselines (EBL) and energy performance indicators (EPI)" and "International Measurement and Verification Protocol" or "TS ISO 50015 Measurement and verification of energy performance of organisations" standard in order to verify and report energy savings achieved as a result of the implementation of energy efficiency measures,

mmm) (Annex: OG-25/1/2020-31019) Measurement verification expert: A natural person holding a measurement and verification certificate,

nnn) (Annex: RG-6/7/2022-31888) Applicant: Real or legal persons operating in industry, building, agriculture, and service sectors applying for energy efficiency implementation project supports,

ooo) (Annex: RG-6/7/2022-31888) EVDES: The information management system where energy efficiency support applications are received,

ööö) (Annex: RG-6/7/2022-31888) Project owner: Real or legal persons operating in industry, building, agriculture, and service sectors whose efficiency-enhancing projects are decided to be supported,

ppp) (Additional:RG-6/7/2022-31888)Theoretical course: Energy management, study-project and measurement-verification courses given in the classroom environment with the qualifications defined in the application procedures and principles in accordance with the provisions of this Regulation,

rrr) (Annex: RG-6/7/2022-31888) Measurement and Verification Certificate: The certificate issued to those who are successful in the measurement and verification examination organised by the Ministry,

means.

PART TWO

Authorisation of Universities, Professional Chambers and Companies,

Monitoring and Supervision

Authorisation, monitoring and supervision of universities and professional chambers

ARTICLE 5 - (Amended:OG-25/1/2020-31019)

( 1) The scope of authorisation, application dates and the information and documents required in the application are as follows:

a) Universities and professional chambers shall be granted a five-year authorisation certificate by the Ministry to provide training services and authorise companies within the scope of the Law and this Regulation (Amended phrase: RG-6/7/2022-31888).

b) Universities and professional associations wishing to obtain a certificate of authorisation shall apply to the Ministry in April and October each year. In addition, depending on the need and sectoral development, the Ministry may announce additional application dates if deemed necessary.

c) The information and documents to be submitted in the applications made to obtain an authorisation certificate shall be specified in the application procedures and principles.

(2) The following conditions shall be required as a minimum for those who wish to obtain an authorisation certificate:

a) At least three persons with a survey-project certificate working full-time in the institution to be authorised (Repealed phrase: RG-6/7/2022-31888).

b) Trainers within the scope of the third paragraph of Article 14.

c) The training facility that meets the provisions in the application procedures and principles that can be used in its ownership or in agreement during the authorisation period.

ç) (Repealed:OG-6/7/2022-31888)

(3) The examination of the application and the granting of the authorisation certificate shall be carried out according to the following principles:

a) The applications made by universities and professional chambers to obtain an authorisation certificate shall be examined and evaluated by the commission established with the approval of the President.

b) An authorisation agreement shall be signed between the Ministry and the university or professional chamber whose application documents specified in the application procedures and principles are complete because of the examinations made on the documents and on site. Following the signing of this agreement, a certificate of authorisation is issued to the university or professional chamber.

c) The format of the authorisation agreement and the authorisation certificate shall be specified in the implementation procedures and principles.

ç) (Amended: RG-6/7/2022-31888) In case the theoretical and/or practical courses are to be held in other places in addition to the places that constitute the basis for authorisation, the authorised institution or company shall obtain the appropriate opinion of the Ministry in advance and in writing.

(4) The issues regarding activity report, monitoring and supervision are stated below:

a) Authorised institutions shall submit an annual activity report to the Ministry by the end of March each year. The format of the annual report shall be specified in the implementation procedures and principles.

b) The complaints submitted to the Ministry by the participants of the trainings organised by the authorised institutions, the companies it authorises, the real or legal persons served by the companies it authorises and the evaluation forms filled in by the trainees during the trainings are examined by the Ministry.

c) The Ministry shall monitor and inspect the activities of the authorised institutions within the scope of the authorisation certificate through on-site inspections in case of need, in addition to the documents within the scope of subparagraphs (a) and (b) of the fourth paragraph.

(5) The authorisation certificate shall be cancelled in the following cases and ways:

a) In case of violation of the provisions of the Law and this Regulation in the execution of the activities within the scope of the authorisation certificate, the authorised institution shall be warned in writing by the Ministry for thirty days (Repealed: OG-6/7/2022-31888). If the breach subject to the warning continues, an additional period of maximum one year (Amended phrase: OG-6/7/2022-31888) is given. The authorisation certificate of the authorised institution that fails to remedy the breach of the warning within the additional period given (Repealed: RG-6/7/2022-31888) shall be cancelled. During the period given for the elimination of the breach, the activities of the authorised institution within the scope of the authorisation certificate shall be suspended.

b) In the event that it is determined that unreal documents are submitted, or misleading information is given in the information and documents based on the authorisation certificate, the authorisation certificate of the authorised institution shall be cancelled without further notice.

c) Authorised institutions whose authorisation certificates are cancelled cannot apply for five years.

ç) Authorised institutions whose authorisation certificates are granted or cancelled shall be announced on the website of the Ministry as of the date of notification following the completion of these procedures.

(6) The principles regarding the renewal of the authorisation certificate are stated below:

a) Unless there is a situation contrary to the provisions of the Law and this Regulation, the authorisation certificate of the university or professional chamber, which notifies the Ministry in writing in April or October that they wish to renew their authorisation certificate in the application period before the expiry of the authorisation period, shall be renewed by the Ministry every five years by renewing the authorisation agreement they have signed with the Ministry and receiving the authorisation certificate fee.

b) In the renewal of the authorisation certificate, the day following the last day of the validity period of the previous authorisation certificate shall be taken as the starting date of the renewed authorisation certificate. Even if the validity period of the existing authorisation certificate has expired after the renewal application of the authorised institution applying to the Ministry in the application period before the expiry of the authorisation period to renew the authorisation certificate, the activities within the scope of the certificate shall continue until the authorisation certificate to be renewed is issued, provided that the provisions in the authorisation agreement are complied with.

c) The procedures related to the authorisation certificates issued to companies by universities or professional associations whose authorisation certificates are not renewed or cancelled shall be carried out by the Ministry until the expiry of the validity period of the authorisation certificates of the companies.

(7) The rights and obligations under the authorisation agreement and authorisation certificate cannot be transferred and assigned to third parties.

(8) The authorised institution shall notify the Ministry within thirty days at the latest of the changes in the personnel, training personnel, facility, device, and equipment infrastructure that constitute the basis for the granting of the authorisation certificate. Notifications not made in due time shall be considered as a breach.

Authorisation, monitoring, and supervision of companies

ARTICLE 6 - (Amended:OG-25/1/2020-31019)

( 1) The scope of authorisation, application dates and the information and documents required in the application are as follows:

a) Legal entities wishing to carry out energy efficiency services shall be granted a five-year authorisation certificate by the Ministry or authorised institutions to carry out activities in the industry and/or building and services sectors in accordance with the principles defined below.

1) With the authorisation certificate granted for the industry sector, energy efficiency services are provided to enterprises operating in all sub-sectors of industry, energy generation, transmission and distribution facilities and organised industrial zones; with the authorisation certificate granted for the building and services sector (Amended phrase: RG-6/7/2022-31888), energy efficiency services are provided for all buildings and enterprises in the building, agriculture and services sector.

2) The industry sector (Repealed: RG-6/7/2022-31888) or building and services sector in which the company is authorised shall be specified in the authorisation certificate.

b) Legal entities wishing to obtain an authorisation certificate shall apply to the Ministry or authorised institutions in January and July each year. The information and documents to be submitted in the applications made to obtain an authorisation certificate shall be specified in the application procedures and principles.

(2) (Amended:OG-6/7/2022-31888) The applicants for obtaining an authorisation certificate and the companies obtaining an authorisation certificate shall, as a minimum

a) Three engineers holding industrial survey-project certificates for the industrial sector authorisation certificate and/or two engineers holding building survey-project certificates for the building and services sector authorisation certificate,

b) Acquiring the equipment and equipment infrastructure for measurement devices and equipment infrastructure, the details of which are specified in the application procedures and principles,

c) For persons who are the owner, partner, board member or director of the company; not being the owner, partner, board member or director of a company whose authorisation certificate has been cancelled within the scope of subparagraph (c) of paragraph 5,

condition is sought.

(3) Examination of the application and granting of the authorisation certificate shall be carried out according to the following principles:

a) The applications of legal entities to obtain an authorisation certificate shall be examined and evaluated by the commission formed by the Presidency or authorised institutions. At least one member representing the Ministry shall be present in the commissions formed by the authorised institutions.

b) As a result of the examinations made on the documents (Repealed phrase: RG-6/7/2022-31888), an authorisation agreement is signed between the Ministry or the authorised institution and the legal entity whose application documents specified in the application procedures and principles are complete. Following the signing of this agreement, an authorisation certificate is issued to the legal entity.

c) The format of the authorisation agreement and the authorisation certificate shall be specified in the implementation procedures and principles.

(4) The issues regarding the activity report, monitoring and audit are set out below:

a) Whether the activities of the companies within the scope of the authorisation certificate are carried out in accordance with the provisions of the Law and this Regulation shall be monitored and audited by the authorised institution and/or the Ministry that issued the authorisation certificate to the company. The Ministry is authorised to monitor and inspect the companies granted authorisation certificates by the authorised institutions. The issues that are detected by the authorised institutions during the monitoring and inspection of the companies and that constitute contradictions shall be notified to the Ministry by the authorised institution within thirty days at the latest.

b) Companies shall submit an annual activity report to the Ministry or the authorised institution authorising them by the end of January each year. The format and annexes of the annual report shall be specified in the implementation procedures and principles.

(5) The authorisation certificate shall be cancelled in the following cases and ways:

a) The authorisation certificate of the company that fails to fulfil its commitments in maximum three implementation agreements shall be cancelled not to be renewed before one year.

b) In case of violation of the provisions of the Law and this Regulation in the execution of the activities covered by the authorisation certificate, the company shall be warned in writing by the Ministry for thirty days (Repealed phrase: RG-6/7/2022-31888). If the breach of the warning continues, an additional period of maximum six months (Amended phrase:RG-6/7/2022-31888) is given. The authorisation certificate of the company that fails to remedy the contravention (Repealed phrase: RG-6/7/2022-31888) within the given period shall be cancelled. During the period given for the elimination of the breach, the activities of the company within the scope of the authorisation certificate shall be suspended.

c) In the event that it is determined that untrue documents are submitted, or misleading information is given in the information and documents based on the authorisation certificate, the company's authorisation certificate shall be cancelled without further notice.

ç) Companies whose authorisation certificates are cancelled within the scope of subparagraphs (b) and (c) of the fifth paragraph cannot apply for five years.

d) Companies whose authorisation certificates are granted or cancelled shall be announced on the website of the Ministry. Authorised institutions shall notify the Ministry of the companies whose authorisation certificates have been granted or cancelled within five business days from the date of completion of the procedures.

(6) The principles regarding the renewal of the authorisation certificate are stated below:

a) Unless there is a situation contrary to the provisions of the Law and this Regulation, the authorisation certificate of the company which notifies in writing to the Ministry or the authorised institution in January or July that it wishes to renew its authorisation certificate in the application period before the expiry of the authorisation period, shall be renewed by the Ministry or the relevant authorised institution every five years by renewing the authorisation agreement and receiving the authorisation certificate fee.

b) In the renewal of the authorisation certificate, the day following the last day of the validity period of the previous authorisation certificate shall be taken as the starting date of the renewed authorisation certificate. Even if the validity period of the existing authorisation certificate has expired after the renewal application of the company applying to the Ministry or the authorised institution in the application period before the expiry of the authorisation period to renew the authorisation certificate, the activities within the scope of the certificate shall be continued until the renewal certificate is issued, provided that the provisions in the authorisation agreement are complied with.

(7) The following principles and procedures shall be complied with in the energy efficiency services provided by the companies:

a) In the measurements made within the scope of survey, project, and consultancy services, it is obligatory to use devices calibrated and labelled by national laboratories accredited by the Turkish Accreditation Agency or international laboratories accepted by the Turkish Accreditation Agency.

b) In order to be able to provide energy management training services, it is essential to provide services in the field of survey, project, and consultancy.

c) Within the scope of the service agreement or implementation agreement, issues related to the compensation of damages caused by the company or those acting on behalf of the company shall be included in the service agreement or implementation agreement concluded between the company and its customer.

(8) The amount of savings provided within the scope of the implementation agreements of the companies shall be announced on the website of the institution which has granted the authorisation certificate to them.

(9) The classification of the authorisation certificate of the companies, the relevant qualification conditions, and the regulations regarding the scope of activities shall be determined in the implementation procedures and principles to be published by the Ministry if deemed necessary, depending on the need and sectoral development.

(10) The rights and obligations under the authorisation agreement and authorisation certificate cannot be transferred and assigned to third parties.

( 11) Companies shall notify the Ministry within thirty days at the latest of any changes in the personnel, training personnel, facility, device, and equipment infrastructure that constitute the basis for the granting of the authorisation certificate. Notifications not made in due time shall be considered as a breach.

(12) (Annex:RG-6/7/2022-31888) The conditions for application for energy manager training services and the information and documents to be submitted in the application shall be specified in the application procedures and principles.

Fees payable by authorised institutions and companies

ARTICLE 7 - (Amended:OG-25/1/2020-31019)

( 1) The authorisation certificate fees determined by the Ministry shall be published as a communiqué by the Ministry in January each year. Authorised institutions shall pay the authorisation certificate fee to the Ministry and companies shall pay the authorisation certificate fee to the Ministry or authorised institution with which they have an authorisation agreement. Authorisation certificate shall not be granted to those who do not pay the authorisation certificate fee.

(2) (Repealed:OG-6/7/2022-31888)

(3) If the company wants to provide energy manager training service in addition to the survey, project, and consultancy service and if its application is deemed appropriate, the training symbol shall be specified in the document related to the industry / / or building and services sector in which the company is authorised. No additional authorisation certificate fee is paid for the energy manager training service.

PART THREE

Energy Management and Efficiency Increasing Measures

Energy management

ARTICLE 8 - ( 1) The following activities shall be carried out within the scope of energy management:

a) Establishing an energy policy defining the objectives and priorities in the field of energy management; defining the position, duties, authorities and responsibilities of the energy manager or energy management unit within the hierarchical structure; informing all employees and persons related to energy management activities by publishing them as written rules,

b) Determining and promoting measures and procedures to improve consumption habits and prevent unnecessary and unconscious use, and organising training programmes to increase the level of knowledge and awareness of employees,

c) Identification and implementation of modifications that can be made on energy consuming systems, processes, or equipment,

ç) Carrying out surveys, preparation, and implementation of projects,

ç) Monitoring the efficiency of energy consuming equipment, timely maintenance, and calibration,

d) Preparation of plans, budget requirements, benefit and cost analyses of energy needs and efficiency increasing applications to be submitted to the management,

e) Monitoring and evaluating energy consumption and costs and producing periodic reports,

f) Procurement, installation, and calibration of meters and measuring devices needed to monitor energy consumption on time,

g) Monitoring of specific energy consumption, the relationship between energy consumption and production of goods or services, energy costs, energy intensity of the enterprise and preparation of suggestions for improving them,

ğ) Investigating the possibilities of changing the energy composition and the use of alternative fuels, preparing, and implementing measures to protect the environment, to reduce harmful emissions to the environment and not to exceed limit values,

h) Preparation of alternative plans to reduce the use of oil and natural gas to be implemented in case of energy supply interruption,

ı) Sending annual information on the studies carried out on energy use and energy management to the Ministry by the end of March each year (Amendment: RG-25/1/2020 31019),

i) Determination of total and per unit product or benefit carbon dioxide emissions and the number of emissions that can be reduced by energy efficiency measures.

(2) (Amended:OG-25/1/2020-31019) Public buildings obliged to appoint energy managers, (Amended phrase:OG-6/7/2022-31888) commercial buildings, service buildings, industrial enterprises with electricity generation facilities and industrial enterprises with organised industrial zones obliged to establish energy management units shall establish and certify TS EN ISO 50001 Energy Management System. Relevant institutions, organisations and enterprises are responsible for keeping the energy management system up to date.

Appointment of an energy manager and establishment of an energy management unit

ARTICLE 9 - ( 1) In industrial enterprises with a total annual energy consumption of 1,000 TOE or more, the administrations shall appoint a person with an energy manager certificate among their employees in each industrial enterprise as an energy manager to ensure that the energy management activities specified in Article 8 are carried out. (Additional sentence:OG-25/1/2020-31019) (Repealed sentence:OG-6/7/2022-31888)

(2) (Amended: RG-6/7/2022-31888) The managements of commercial buildings and service buildings with a total construction area of at least twenty thousand square metres or a total annual energy consumption of five hundred TOE and above, and the managements of public sector buildings with a total construction area of at least ten thousand square metres or a total annual energy consumption of two hundred and fifty TOE and above, shall appoint a person with an energy manager certificate as an energy manager among their employees in order to ensure that the energy management activities specified in Article 8 are carried out in their buildings and facilities.

In cases where it is not possible to appoint from among their employees, services are obtained by contracting with energy managers or companies. In case there are more than one independent building in a building group or campus, the sum of the separate construction areas of the independent buildings is accepted as the total construction area. To carry out energy management services in the public sector more effectively and to ensure the necessary coordination with public institutions and organisations that are obliged to appoint energy managers, the energy management units within the governorships shall carry out their activities in coordination with the Ministry.

(3) An energy management unit shall be established in industrial enterprises with a total annual energy consumption of less than one thousand TOE, in order to carry out activities such as informing, raising awareness and sample applications in order to help fulfil the energy management practices specified in Article 8 and to carry out the activities specified in Article 8 within the scope of energy generation, transmission and distribution activities carried out by or on behalf of the organised industrial zone, in organised industrial zones with at least fifty enterprises in the region. (Additional sentences:OG-25/1/2020-31019) (Repealed sentences:OG-6/7/2022-31888)

(4) An energy management unit shall be established in industrial enterprises outside the public sector with a total annual energy consumption of fifty thousand TOE and above to ensure that the energy management activities specified in Article 8 are carried out. Industrial enterprises which have a quality management unit in their organisation which is responsible for total quality activities and in which an energy manager is also assigned may also assign these units as energy management unit.

(5) The identity, curriculum vitae, address, and contact information of the assigned energy managers shall be notified to the Ministry (Amended phrase:RG-25/1/2020-31019). The following principles and procedures shall be complied with in the notifications.

a) For commercial buildings and service buildings with a total construction area of over twenty thousand square metres and total construction area of over ten thousand square metres for which a certificate of occupancy has been obtained, it shall be notified within one year following the receipt of the certificate of occupancy.

b) For commercial buildings, service buildings, public sector buildings or industrial enterprises that have been granted occupancy permits or started to operate, those that are determined to implement energy management, appoint an energy manager, or establish an energy management unit in accordance with the sixth paragraph, and for newly established organised industrial zones that meet the criteria specified in the third paragraph shall be notified within sixty calendar days.

c) (Amended:OG-6/7/2022-31888) In case of changes in energy managers, the date of departure of the incumbent shall be notified to the Ministry within fifteen working days following the date of departure by the management of the building, industrial enterprise, electricity generation facility or OIZ where the energy manager works. Within sixty calendar days following the departure date, a new energy manager shall be appointed and notified.

(6) (Amended:OG-6/7/2022-31888) Each year, the average of the total annual energy consumption of the last three years shall be taken into consideration when determining the industrial enterprises or buildings where energy management shall be applied according to energy consumption, energy managers shall be assigned, or energy management units shall be established. In case the total energy consumption of the first year in newly established buildings and industrial enterprises exceeds twice the obligation limits, the relevant obligations are fulfilled regardless of the three-year average. It is the responsibility of the administrations to monitor whether they are within the scope of the obligation or not. The energy consumption calculation methodology for determining the obligation status shall be published on the Ministry's website.

(7) (Amended:RG-6/7/2022-31888) The energy manager assigned in the industrial enterprise cannot provide energy management services outside the industrial enterprise where he/she is actually working. For sectors outside the scope of industrial enterprises, the number of energy management services that can be provided by a person holding an energy manager certificate who is assigned among his/her own employees, who works independently or within a company regardless of the sector in which he/she is authorised is limited to three.

(8) (Repealed:OG-25/1/2020-31019)

Energy consumption notification

ARTICLE 9/A- (Annex: OG-6/7/2022-31888)

(1) Those who are obliged to appoint an energy manager and / or establish an energy management unit shall submit the energy consumption information, the format of which is determined by the Ministry, to the Ministry by the end of March each year. Issues related to energy consumption notifications are published on the Ministry's website.

Measures to increase energy efficiency

ARTICLE 10 - ( 1) Pursuant to subparagraph (ç) of the first paragraph of Article 8, the studies to be carried out in industrial enterprises and buildings in the service sector shall be carried out according to the principles and procedures defined below:

a ) (Amended:RG-25/1/2020-31019) The Ministry may, if deemed necessary, have companies carry out studies to determine the savings potential in the sector or sub-sectors and the measures to increase energy efficiency and their benefits and costs. Implementation projects for the measures determined by these studies, which have a payback period of less than three years, shall be prepared by the institutions, organisations or enterprises, and implementation plans for these projects shall be sent to the Ministry. They shall be implemented within four years following the completion of the study and the implementation results shall be sent to the Ministry (Repealed: RG-6/7/2022-31888).

b) (Amended:RG-25/1/2020-31019) Industrial enterprises with a total annual energy consumption of 1,000 TOE and above shall have a study carried out by companies or (Additional phrase:RG-6/7/2022-31888) shall carry out the study themselves if there are personnel with industrial survey-project certificate among their full-time and insured employees for at least three months in the past.

c) (Annex:RG-25/1/2020-31019) The management of commercial buildings and service buildings with a total construction area of more than twenty thousand square metres or annual total energy consumption of more than five hundred TOE, the building owner in the absence of building management (Annex: RG-6/7/2022-31888) and the management of public sector buildings with a total construction area of at least ten thousand square metres or annual total energy consumption of two hundred and fifty TOE or more, shall have surveys carried out by companies for the buildings in question or shall carry out the surveys themselves if they have personnel with building survey-project certificate among their employees.

ç) (Annex:RG-25/1/2020-31019) The surveys specified in subparagraph (b) of the first paragraph shall be renewed every four years and the surveys specified in subparagraph (c) shall be renewed every seven years. A copy of the survey reports and implementation plans for the measures determined shall be sent to the Ministry (Repealed: OG-6/7/2022-31888). The final survey reports prepared shall be submitted to the Ministry by the end of March of the year following the year in which the survey was carried out. (Additional sentence: RG-6/7/2022-31888) New buildings shall have their first survey carried out in the seventh year after the building use permit is obtained, and newly established industrial enterprises shall have their first survey carried out in the fourth year after the registration with the chamber of industry and/or commerce.

d) (Annex:RG-25/1/2020-31019) The Ministry evaluates the survey reports and may request the renewal of the survey reports that are not considered appropriate.

e) (Annex:RG-25/1/2020-31019) The Ministry determines the energy saving potential by sector within the scope of monitoring the study reports.

f) (Annex: RG-6/7/2022-31888) Compulsory survey reports shall be prepared in accordance with the compulsory survey format included in the implementation procedures and principles.

(2) In the operation of existing facilities, in the establishment of new facilities, in capacity increase and modernisation works, in the fulfilment of the duties of energy managers within the scope of this Regulation, the following measures shall be taken into consideration in the studies and projects.

a) Efficient combustion of fuels by combustion control and optimisation in combustion systems,

b) Achieving the highest efficiency in heating, cooling, air conditioning and heat transfer,

c) Thermal insulation on hot and cold surfaces in accordance with the standards, minimising unwanted heat losses or gains by insulating all units that produce, distribute, and use heat,

ç) Waste heat recovery,

d) Increasing efficiency in the conversion of heat to work,

e) Prevention of losses in electricity consumption,

f) Increasing efficiency in the conversion of electrical energy into mechanical energy or heat,

g) Minimising the human factor with automatic control applications,

ğ) Careful selection of inputs to ensure uninterrupted energy supply,

h) The machines are selected from among the technologies with high energy efficiency, paying attention to the requirements of standardisation and quality safety system,

ı) Designing the project in such a way that unwanted heat losses or heat gains are at the lowest level and ensuring that the application is carried out in accordance with the project,

i) Provision and installation of energy efficiency measurement devices during construction and installation,

j) Analysing renewable energy, heat pump and cogeneration applications,

k) Use of high efficiency armature and lamps, electronic ballasts, lighting control systems in lighting and making more use of daylight,

l) Ensuring the minimum efficiency criteria defined within the scope of the relevant legislation for energy consuming or converting equipment,

m) Use of double-glazing systems with low emissivity heat control coatings in glazing.

(3) (Amended:RG-25/1/2020-31019) It is obligatory to provide the necessary conditions for the survey studies to be carried out by the Ministry.

PART FOUR

Training and Certifications

Energy manager trainings

ARTICLE 11 - (Amended:OG-25/1/2020-31019) (1) (Amended:OG-6/7/2022-31888) Persons who have undergraduate level education in engineering and architecture or in machinery, electricity, mechatronics, or electrical-electronics departments of technical education faculties are accepted to energy manager trainings.

(2) (Repealed:OG-6/7/2022-31888)

(3) (Amended:RG-6/7/2022-31888) The Ministry, authorised institutions and companies shall organise trainings including theoretical and practical courses of not less than eighty lesson hours to cover the curriculum subjects defined for Module 1 and Module 2 in the implementation procedures and principles.

(4) Those who are successful in the central examination held within the scope of Article 13 shall be given the energy manager certificate specified in the implementation procedures and principles by charging the energy manager certificate fee determined by the communiqué published by the Ministry.

(5) The personnel of the Presidency who have been working in the units of the Presidency carrying out activities related to energy efficiency for at least three years and who certify that they have actually taken part in any of the energy efficiency planning, measurement and evaluation, training, survey, authorisation, support or supervision activities shall be given an energy manager certificate without any other conditions, provided that they comply with the first paragraph.

(6) It is obligatory to follow or attend at least eighty per cent of each of the first, second and third training modules.

(7) (Annex: RG-6/7/2022-31888) The courses within the scope of Module 1 can be given in classrooms in the classroom environment or as distance education over the internet. The courses within the scope of Module 2 are given in the laboratory environment described in the application procedures and principles. However, the courses within the scope of Module 2 can also be given by the Ministry in the form of distance education over the internet if deemed necessary.

Study-project trainings

ARTICLE 12 - (1) Persons who have undergraduate education in the field of engineering (Repealed: RG-6/7/2022-31888) are accepted to the survey-project trainings. (

2) (Amended:RG-25/1/2020-31019) Survey-project trainings organised by the Ministry or authorised institutions shall be organised as practice-oriented trainings within the framework of the training programme created to include theoretical knowledge, measurement, experiment, evaluation and calculation on the subjects specified to be given theoretically and practically from the curriculum subjects of the first, second and third training modules specified in the application procedures and principles. (Amended sentence:RG-6/7/2022-31888) The Ministry and authorised institutions shall organise trainings including theoretical and practical courses not less than one hundred and twenty lesson hours to cover the curriculum subjects defined for Module 1, Module 2 and Module 3 in the application procedures and principles.

(3) (Amended: RG-6/7/2022-31888) The courses within the scope of Module 1 can be given in classrooms in the classroom environment or as distance education over the internet. The courses within the scope of Module 2 can be given in the laboratory environment described in the application procedures and principles or as distance education via internet. Courses within the scope of Module 3 are given only in the laboratory environment described in the procedures and principles.

(4) (Change: RG-25/1/2020-31019) Following the completion of the training, study and project homework work is carried out by the persons who have completed the training under the guidance of the trainers, under the conditions specified in the application procedures and principles.

(5) (Amended:RG-25/1/2020-31019) Those who are successful in the central examination held within the scope of Article 13 shall be given a survey-project certificate and energy manager certificate in the format specified in the application procedures and principles by charging the energy manager and survey-project certificate fee.

(6) (Amended:OG-25/1/2020-31019) Among those who have been involved in the energy efficiency activities of the Presidency for at least five years, the personnel of the Presidency who have at least a bachelor's degree in the field of engineering, who have taken part in the study report conformity evaluation or project support evaluation commissions or who have prepared a study report, are given industrial and building study-project certificates without any other conditions by documenting this activity.

(7) (Amended:RG-25/1/2020-31019) Within the scope of international cooperation developed by the Ministry, in the event that short-term training programmes are organised in Turkey or abroad to ensure the specialisation of companies, the participation of expert and/or certified personnel of the companies shall be ensured.

(8)(Annex:RG-25/1/2020-31019) It is obligatory to follow or attend at least eighty per cent of each of the first, second and third training modules.

Measurement verification trainings

ARTICLE 12/A - (Annex: OG-25/1/2020-31019) (1) The Ministry shall organise or may have organised a training, examination, and certification programme for measurement verification expertise. Issues regarding the training, examination and certification programme shall be defined in the implementation procedures and principles.

Other trainings on energy efficiency

ARTICLE 12/B - (Amended:OG-25/1/2020-31019) (1) The Ministry may organise energy efficiency training programmes within the scope of developing national and international cooperation.

Monitoring and supervision of training programmes, exams, training facility requirements, course groups and curriculum

ARTICLE 13 - (Amended:RG-25/1/2020-31019) (1) (Amended:RG-6/7/2022-31888) Training programmes planned annually by the Ministry, authorised institutions and companies shall be announced on the Ministry's website. Activities related to the implementation, monitoring and supervision of training programmes shall be carried out according to the implementation procedures and principles.

(2) The Ministry may monitor the training programmes conducted by the authorised institutions and the companies it authorises, and the authorised institutions may monitor the training programmes conducted by the companies they authorise. Suggestions for the elimination of problems shall be notified in writing to the relevant authorised institution or company. The implementation status of these suggestions shall be checked by the Ministry and/or the relevant authorised institution.

(3) (Amended sentence:RG-6/7/2022-31888) In order to obtain an energy manager certificate, survey-project certificate and/or measurement and verification certificate, it is essential to attend and succeed in the central examinations held within the framework of the following matters:

a) The Ministry shall conduct central examinations twice a year in April and October by announcing on its website or have public institutions and organisations or universities conduct them. If the Ministry deems necessary, it may organise additional exams or change the exam date by announcing at least 30 days in advance. Participation in these exams and the conditions regarding the evaluation of the exams are determined in the application procedures and principles. In these exams, those who score at least seventy out of one hundred points shall be deemed successful. Those who are not successful in the first exam are given the right to take the exam at most one more time. Those who wish to participate in the exams by fulfilling the conditions specified in this Regulation shall register for the exam in accordance with the rules announced by the Ministry on the internet. It is essential to deposit the exam fee in order to complete the exam registration.

b) The Ministry, in cooperation with the authorised institutions and companies, creates a question bank capable of measuring the competencies specified in the application procedures and principles. The questions asked in the exams are selected from this question bank.

c) The examinations shall be evaluated by a commission consisting of at least three persons who have taken part as trainers in the training programmes (Repealed phrase: RG-6/7/2022-31888). Examination results are determined by this commission with a report. The exam results are made available to the relevant person on the Ministry's website within seven days after the exam is held.

ç) Written objections to the exam results (Change phrase: RG-6/7/2022-31888) are evaluated by the Ministry and the result is notified to the trainee within ten working days.

(4) The training facilities where the trainings will be held are required to have the features specified in the application procedures and principles.

(5) (Repealed:RG-6/7/2022-31888) (6) Trainings shall be organised to include the curriculum subjects specified in the implementation procedures and principles. If deemed necessary, the Ministry shall update the training curriculum and materials with the participation of authorised institutions, companies authorised in training and sector experts it may invite.

Courses, trainers who can take part in the courses and trainer fees

ARTICLE 14 - (Amended:OG-25/1/2020-31019) (1) The base and ceiling fees including Value Added Tax to be collected from the participants of the training programmes to be held in the following year shall be determined and announced by the Ministry in December every year.

(2) The procedures regarding the number of weekly course hours to be taught for remuneration by the personnel of the Presidency assigned as trainers in the training programmes, the qualifications of those who will be assigned as lecturers, the additional course fees to be paid to them and other matters shall be carried out in accordance with Article 89 of the Civil Servants Law dated 14/7/1965 and numbered 657.

(3) In order to be a trainer in energy manager and survey-project trainings in accordance with the curriculum and the training to be provided, it is essential to have at least one of the following conditions:

a) Having a survey-project certificate.

b) To have specialised in one of the main science branches of universities in relation to the training subjects and to have one of the titles of lecturer, lecturer, lecturer, lecturer, doctoral lecturer, doctor, associate professor, and professor.

c) To have at least five years of professional experience in the field of energy manager and survey-project trainings.

PART FIVE

Supporting Efficiency Increasing Projects

Application and conditions

ARTICLE 15 - (Amended with Title: OG-25/1/2020-31019) (1) (Amended: OG-6/7/2022-31888) The applicant wishing to benefit from productivity enhancing project supports shall submit to the Ministry the project applications prepared by the company in accordance with the application procedures and principles covering the details of application, evaluation, and implementation of the supports.

(2) (Amended:RG-6/7/2022-31888) The Ministry may not receive applications or may accept applications once or more than once a year or continuously and may change the application criteria. New application criteria and/or application dates shall be announced on the website of the Ministry.

(3) (Amended:RG-6/7/2022-31888) If it is determined that any of the following issues are not met in the applications, the applications for efficiency enhancing projects shall not be taken into consideration and the situation shall be notified to the applicant:

a) Being registered to EEAS as of the application date.

b) Fulfilment of the obligations specified under the first and second paragraphs of Article 9 regarding the appointment of an energy manager and the first paragraph of Article 32 regarding the obligation to provide information.

c) Having ISO 50001 Energy Management System Standard certificate or submitting the document issued by the institution or organisation to which the application is made regarding the application for certification.

ç) In project applications for cogeneration systems, obtaining an efficiency certificate that meets the minimum efficiency requirements determined by the Communiqué on the Procedures and Principles Regarding the Calculation of the Efficiency of Cogeneration and Microcogeneration Facilities (Order No: 2014/3) published in the Official Gazette dated 18/9/2014 and numbered 29123 as of the application date.

( 4) Except for legal entities holding electricity generation licences, enterprises with total annual energy consumption between five hundred TOE and one thousand TOE, operating under a chamber of commerce and/or industry and producing all kinds of goods may apply provided that they meet the conditions in subparagraphs (a), (b) and (c) of the third paragraph.

(5) (Amended:RG-6/7/2022-31888) Applications are limited to a maximum of five projects. Projects that have been previously decided to be supported and whose implementation is ongoing are included in this number. However, the projects whose implementation has been notified to the Ministry are not included in this number.

(6) (Annex:RG-6/7/2022-31888) Applications of public administrations within the scope of general administration and other public institutions and organisations and applications made outside industrial enterprises in the industrial sector shall not be taken into consideration.

(7) (Annex:RG-6/7/2022-31888) The conditions specified in subparagraphs (b) and (c) of the third paragraph shall not be sought in the applications of enterprises operating in the agricultural sector.

Preliminary examination and evaluation

ARTICLE 16 - (Amended with Title: OG-25/1/2020-31019) (1) Applications prepared within the framework of the implementation procedures and principles shall be examined in terms of compliance with the legislation, information, documents, and form.

(2) It is essential that the information required in the documents requested in the application is filled in completely. If deficiencies are detected in the application file and information, the applicant is requested to complete the deficiencies. If the deficiencies are not fulfilled within the specified period, the application shall be rejected, and the applicant shall be notified.

(3) Applications for which no deficiencies are detected as a result of the preliminary examination or for which the deficiencies are eliminated as a result of the notification are evaluated by a commission established with the approval of the President.

(4) Project applications shall be evaluated as follows:

a) The Commission examines the projects included in the applications on a component basis according to the measurement data, assumptions, methods, and calculations used and other criteria determined in the application procedures and principles. If non-conformities, deficiencies, or errors are detected as a result of the examination, the applicant is requested to eliminate the non-conformities and deficiencies and to provide explanations regarding the errors. Projects whose non-conformities, deficiencies and errors are not eliminated within the specified period are not taken into consideration and the situation is notified to the applicant.

b) If deemed necessary, a preliminary on-site inspection is carried out on the project components deemed appropriate by the Commission, in accordance with the application procedures and principles. The preliminary examination is carried out by the personnel of the Ministry, or real or legal persons determined by the Ministry by procuring services. In case the on-site preliminary examination is carried out by real or legal persons, the service fees (Amended phrase: RG-6/7/2022-31888) shall be covered by the applicant.

c) Non-conformities, deficiencies detected within the scope of the on-site preliminary examination and project components that differ from the values in the project as a result of the measurement made are notified to the applicant. The project components within the scope of this notification of the applicant, who reflects the deficiencies identified on site to the project appropriately and completes the deficiencies within the specified period, are included in the evaluation. Project components whose deficiencies are not eliminated within the specified period are not included in the evaluation.

ç) The Commission submits the project components, which are included in the evaluation after the deficiencies and nonconformities are eliminated, to the approval of the Minister in accordance with the application procedures and principles. (Additional sentence: RG-6/7/2022-31888) The cost of the projects submitted for the approval of the Minister, including the cost of project preparation and the cost of on-site preliminary examination, cannot exceed five million Turkish Liras excluding VAT.

(5) (Amended:RG-6/7/2022-31888) The projects decided to be supported with the approval of the Minister and the start date of the projects shall be notified to the applicant and announced on the website of the Ministry.

Implementation of subsidies

ARTICLE 17 - (Amended:OG-25/1/2020-31019) (1) Implementation of the support for projects shall be carried out as follows:

a) The project shall be implemented within two years starting from the start date. No support payment shall be made to the project owners who do not implement the project within two years or who do not notify the Ministry in due time that the project has been implemented (Amended phrase: RG-6/7/2022-31888). In case of a request for change in the project, the Ministry is notified, and the Ministry's favourable opinion is taken.

b) For the project owners who notify the Ministry that they have implemented the project (Amended phrase: RG-6/7/2022-31888), the final on-site inspection is carried out within the framework of the implementation procedures and principles.

c) After the final on-site inspection, (Amended phrase:RG-6/7/2022-31888) project owners shall prepare an implementation report including information on the implementation, invoices approved by a certified public accountant, measurements and calculations and send it to the Ministry. If any non-conformities or deficiencies regarding the evaluation are detected in the calculations in the implementation report, these non-conformities or deficiencies shall be notified to the project owner. No support payment shall be made to the project or project component whose nonconformities or deficiencies are not corrected within the specified period.

ç) Within the scope of the implementation report, the project or project components whose implementations are different from those specified in the project and the project or project components whose implementation is carried out in accordance with the project but the component energy gain at the end of the implementation is determined to be below ninety per cent of the amount in the project are not supported.

d) The Commission submits the project components that are removed from the scope of support and/or deemed appropriate for support to the approval of the Minister.

e) In the support payments to be made in the current year, the support costs of the projects completed in previous years shall be paid with priority. (Additional sentence: OG- 6/7/2022-31888) In case of delay in payment, the project owner cannot claim any rights and interest.

(2) In the projects submitted to the Ministry for support, company service fee and on-site preliminary examination service fee are included in the scope of support within the framework of the application procedures and principles.

(3) The calculation of the support amount to be applied shall be based on the invoice information approved by a certified public accountant and issued after the project application date. In case the realised project value (excluding VAT) is more than the accepted project value, the support payment shall be made according to the calculations made on the project value that will not exceed the maximum ten percent incremental value of the accepted project value. (Amended sentence:RG-6/7/2022-31888) In case the realised project value including the project preparation cost and the on-site preliminary examination cost exceeds five million Turkish Liras excluding VAT, the amount of support to be provided cannot exceed one and a half million Turkish Liras under any circumstances.

(4) In the payments to be made to the supported project owners (Amended phrase:RG-6/7/2022-31888), the Turkish Lira equivalent of the expenditures made in foreign currency shall be calculated at the exchange rate of the Central Bank of the Republic of Turkey on the date of the invoice (Additional phrase:RG-6/7/2022-31888) (For invoices issued on days when the exchange rate is not determined by the Central Bank of the Republic of Turkey (public holidays, weekends and half-day working days), the exchange rate on the first working day before such days) or, if lower, the exchange rate on the invoice.

Other provisions regarding the support of productivity enhancing projects

ARTICLE 17/A - (Annex: OG-25/1/2020-31019)

(1) All notifications and applications can be made in writing or electronically. All documents and information within the scope of efficiency enhancing project supports can also be received electronically.

(2) In on-site inspections (Amended phrase: RG-6/7/2022-31888), the project owner's official or energy manager and the representatives of the company preparing the project shall be present together with the calibrated and labelled measuring devices and other issues to be requested by the on-site inspection committee.

(3) All kinds of information and documents requested by the authorities during the on-site inspection shall be submitted by the relevant persons and necessary facilities shall be provided. In cases where the equipment, measurement conditions, access to the application area and similar conditions required for on-site inspection are not provided and therefore the inspection activity cannot be completed (Amended phrase: RG-6/7/2022-31888), the projects of the project owners are not included in the scope of support.

(4) The information and documents provided to the persons involved in the evaluation and on-site examination processes of the applications shall not be used or shared with third parties except for the nature of the work.

(5) In case of transfer of the enterprise, merger with another enterprise and change of type during the project period, this issue shall be evaluated by the Ministry, and it shall be decided to continue or terminate the project.

(6) (Change: RG-6/7/2022-31888) Even if the application is accepted, evaluated, and decided to be supported, no support payment shall be made unless the ISO 50001 Energy Management System Standard certificate is obtained. The project owner, for whom no support payment is made due to this situation, cannot claim any rights and receivables.

(7) In case of occurrence of force majeure circumstances during the implementation process of the support, the Ministry shall decide on the suspension, continuation, or cancellation of the support process until the end of these force majeure circumstances.

(8) (Amended:RG-6/7/2022-31888) The applicant/project owner is responsible for the existence and accuracy of the information and documents declared. In the event that the provisions set out in the Law and this Regulation and the implementation procedures and principles are violated, responsibilities are not fulfilled, false and misleading documents are issued or used, false and misleading information is given or any irregularity is detected in the works and transactions related to the support of productivity enhancing projects, the relevant project is removed from the scope of support and the applicant/project owner cannot apply for a new project for two years. If any payment has been made to the project owner, the amount paid shall be recovered within the framework of the Law on Procedure for Collection of Public Receivables dated 21/7/1953 and numbered 6183.

(9) (Annex:RG-6/7/2022-31888) In line with the procedures and principles determined by the Ministry, interest support may be provided to the project owner to obtain loans from banks and/or financial institutions under favourable conditions. The application of this support as repayable or non-repayable, the upper limit, duration and rates of support shall be determined and implemented by protocols to be signed by the Ministry with banks and/or financial institutions. Within the scope of the protocol to be signed between the Ministry and banks and/or financial institutions, the principal risk of the loan to be used by the project owner belongs entirely to the banks and/or financial institutions. Banks and/or financial institutions shall evaluate loan applications within the framework of the protocol provisions and banking legislation. When deemed necessary, the Ministry is authorised to suspend the loan interest support application by informing the protocol parties 30 days in advance. The value of the projects to be supported in this way shall not exceed five million Turkish Liras excluding VAT and the support rate shall not exceed thirty percent of the project value.(10) (Annex: RG-6/7/2022-31888) The project owner benefiting from productivity enhancing project supports cannot benefit from the supports of other public institutions and organisations except for customs duty exemption and VAT exemption for the same project. An application cannot be made to the Ministry to benefit from productivity enhancing project supports for the projects for which the supports of other public institutions and organisations have been benefited or for which an application has been made to benefit. In case of breach of this provision, the supports benefited from shall be recovered within the framework of Law No. 6183.

PART SIX

Voluntary Agreements

Application and evaluation

ARTICLE 18 - (Amended:OG-25/1/2020-31019) (1) Real or legal persons who wish to enter into a voluntary agreement with the Ministry by undertaking to reduce their energy intensity by at least ten per cent on average within three years for any industrial enterprise shall apply to the Ministry in May every year together with the application form published on the website of the Ministry. The Ministry may not receive applications or may postpone or extend the application period or receive applications in more than one period by announcing on its website. Applications of industrial enterprises that do not fulfil the following conditions shall be rejected:

a) (Amended: RG-6/7/2022-31888) Having ISO 50001 Energy Management System Standard certificate or submitting a document issued by the institution or organisation to which the application is made that the certification application has been made.

b) As of the date of application, the industrial enterprise is registered to EEAS (Change phrase: RG-6/7/2022-31888).

c) (Amended phrase:RG-6/7/2022-31888)Appointment of an energy manager among its employees and fulfilment of the obligations specified in the first paragraph of Article 32.

(2) Voluntary agreement applications shall be evaluated as follows:

a) Applications shall be evaluated by the voluntary agreement evaluation commission established with the approval of the President.

b) Although they have fulfilled their commitments within the scope of the voluntary agreement previously made with the Ministry, the applications of real or legal persons who have increased their energy intensity in the industrial enterprise with which they have previously made a voluntary agreement in the following years are not taken into consideration.

c) Except for the occurrence of force majeure circumstances, the applications of those who do not fulfil their commitments within the scope of the voluntary agreement with the Ministry are not taken into consideration for five years.

ç) If non-conformity, deficiency, or error is detected in the application form as a result of the examination made by the commission, industrial enterprises are asked to complete the non-conformity, deficiency, or errors. Industrial enterprises are obliged to eliminate the non-conformities, deficiencies or errors determined by the evaluation commission and to provide the necessary conditions for on-site inspections if the commission deems appropriate. The applications of industrial enterprises that do not eliminate non-conformities, deficiencies or errors within the specified period are rejected and the situation is notified to the applicant industrial enterprises. Not being taken into consideration due to this defect is limited to the application period.

d) The energy intensities of industrial enterprises that have no deficiencies in the application form and have completed their deficiencies for the years prior to the application date are calculated using the formula below.

Energy intensity = E / D

E = Total annual energy consumption of the enterprise in TOE

D = (100/ Yi-PPI) x ∑ (Pi x Fi)

D = Economic value of the annual production of goods in thousand (1000) Turkish Liras with 2015 prices, and the Ministry may change the base year if deemed necessary.

Yi-PPI = Domestic producer price index of the relevant sector

Pi = Amount of goods produced during the year

Fi = One thousand (1000) Turkish Liras, the factory sales prices of the goods produced during the year.

e) The voluntary agreement evaluation commission ranks the applications that are worth making an agreement by starting from the highest score according to the total points calculated with the formula below, considering the criteria of high reference energy intensity value and the committed energy intensity reduction rate.

P = 0,6 x REY + 0,4 x EYA

P: Total score

REY: Out of 100 points, the reference energy density score normalised to its highest value,

EYA: Committed energy intensity reduction rate score out of 100 points, normalised by the highest value,

f) The industrial enterprises with which voluntary agreements will be made are determined with the approval of the Minister starting from the highest score according to the ranking made according to the total points.

g) Provided that it is documented, the reference energy intensity shall be taken as the average of the energy intensities of the last three years for industrial enterprises whose reference energy intensity cannot be calculated because they have not completed five years as of the date of commissioning.

(3) Except for legal entities holding electricity generation licences, enterprises with total annual energy consumption between five hundred TOE and one thousand TOE, operating under the chamber of commerce and/or industry and producing all kinds of goods may apply provided that they meet the conditions in subparagraphs (a), (b) and (c) of the first paragraph.

(4) The applicant shall be responsible for the existence and accuracy of the information and documents declared, and the Ministry shall be authorised to exclude the relevant industrial enterprise from the scope of support if it is determined otherwise at any stage of the voluntary agreement.

Voluntary agreement and monitoring

ARTICLE 19 - (Amended: OG-25/1/2020-31019) (1) Following the approval of the Minister, voluntary agreements concluded between the Ministry and industrial enterprises shall be organised and monitored in accordance with the format specified in the implementation procedures and principles prepared by the Ministry and in line with the following principles:

a) The starting year for the fulfilment of the commitments under the voluntary agreement is the first year following the application. Within this year, industrial enterprises shall send to the Ministry the documents showing the total energy expenditure of the application year approved by the certified public accountant which will be the basis for the support payment. In the event that the documents showing the energy expenditure are not sent within the specified year, industrial enterprises are excluded from the scope of support and the situation is notified to the applicant industrial enterprises.

b) The energy intensity of the industrial enterprise subject to the voluntary agreement is monitored by the Ministry during the agreement period. In order to calculate the energy intensity for the three years following the application year, the industrial enterprise sends the monitoring form, which includes the information and documents constituting the basis for the energy intensity calculation and published on the Ministry's website, to the Ministry by the end of March every year during the agreement period. The Ministry also monitors the energy intensity changes in the industrial enterprises with which the parties to the voluntary agreement have more than one industrial enterprise. Real or legal persons who are parties to the voluntary agreement are obliged to provide the information required by the Ministry for monitoring. The Ministry and its officials acting on its behalf are obliged to keep this information confidential. c) The information required in the documents requested in the monitoring form must be filled in completely. If non-conformity, deficiency, or error is detected in the information and documents requested in the monitoring form, industrial enterprises are requested to eliminate non-conformity, deficiency, or errors. Industrial enterprises are obliged to eliminate nonconformities, deficiencies or errors determined by the evaluation commission. Industrial enterprises that do not eliminate non-conformities, deficiencies or errors within the specified period and do not send the information and documents constituting the basis for the energy intensity calculation within March shall be removed from the scope of support and the situation shall be notified to the applicant industrial enterprises.

(2) The following force majeure situations shall be taken into consideration in voluntary agreements:

a) In order for an event to be considered a force majeure event, it must be unavoidable, unavoidable or unremediable even though the affected party has exercised due care and attention and taken all measures, and this situation must prevent the affected party from fulfilling its obligations. The following situations are accepted as force majeure:

1) Natural disasters and epidemics.

2) War, nuclear and chemical disasters, mobilisations, popular uprisings, attacks, terrorist acts and sabotage.

3) Strikes, lockouts or other civil servant and labour movements.

4) General economic crisis.

5) Special force majeure situations specified in voluntary agreements.

b) If the force majeure event notified by one of the parties continues for less than three months in a calendar year, the duration of the voluntary agreement may be extended for a maximum of one year with the approval of the Minister. If the force majeure situation continues for more than three months, the voluntary agreement is terminated.

Implementation of support under voluntary agreements

ARTICLE 20 - (Amended:OG-25/1/2020-31019) (1) Of the energy consumed by natural or legal persons making voluntary agreements within the industrial enterprise; the energy produced by the facilities converting waste into heat and electrical energy with modern combustion techniques, cogeneration facilities whose efficiency is above the minimum efficiency value determined by the Communiqué on Procedures and Principles for Calculating the Efficiency of Cogeneration and Microcogeneration Facilities (Order No: 2014/3) and produced in cogeneration facilities manufactured domestically or by using hydraulic, wind, geothermal, solar or biomass resources, the energy produced by these facilities is deducted from the total annual energy consumption of the industrial enterprise in the calculation of energy intensity, for one time only, if these facilities are commissioned within the agreement period. Cogeneration facilities, the parts of the total cost of which constitute more than seventy per cent of the total cost are met by domestic manufacturing, shall be deemed to be domestically manufactured, as demonstrated by documents approved by a certified public accountant.

(2) The energy intensities of industrial enterprises that have no deficiencies in the monitoring form and have completed their deficiencies in the monitoring period are calculated using the following formula.

Energy intensity = E / D

E = Et - Eyk

Et = Total annual energy consumption of the enterprise in TOE

Eyk = Energy produced within the year in TOE within the scope of the first paragraph

D = (100/Yi-PPI) x ∑ (Pi x Fi)

D = Economic value of the annual production of goods in thousand (1000) Turkish Liras with 2015 prices and the Ministry may change the base year if deemed necessary.

Yi-PPI = Domestic producer price index of the relevant sector

Pi = Amount of goods produced during the year

Fi = Factory selling prices of the goods produced during the year in thousand (1000) Turkish Liras.

(3) In the calculation of the reduction rate in energy intensity, the arithmetic average of the differences realised each year according to the reference energy intensity shall be taken as basis. However, the energy intensity value of the year in which the agreement ends must be lower than the reference energy intensity, but not less than the committed energy intensity reduction rate. The voluntary agreement evaluation commission determines the industrial enterprises that are deemed appropriate and inappropriate to be supported within the framework of these conditions and submits them to the approval of the Minister.

(4) Thirty per cent of the energy expenditure of the relevant industrial enterprise of the real or legal persons who enter into a voluntary agreement with the Ministry and fulfil their commitment shall be covered from the budget of the Ministry, provided that the appropriations of the Ministry are sufficient and if it does not exceed one million Turkish Liras. No support payment shall be made to industrial enterprises that do not fulfil their commitments.

(5) The payment plan of the support to be implemented shall be determined by the Ministry at the end of the voluntary agreement period, provided that it is limited to the Ministry appropriations. Priority shall be given to the payment of the support remaining from the previous year, and payment shall be made in proportion to the ratio of the total available appropriation of the current year to the total support amount of that year. No claim for any right or interest can be made for the payments to be made in this way and delays in payments.

(6) Invoices and payment documents for energy expenditures for the year in which the agreement is made and approved by a certified public accountant shall be taken as basis for making the payment.

(7) Information on industrial enterprises with which voluntary agreements have been made and industrial enterprises that have reduced and increased their energy intensity shall be published on the website of the Ministry.

(8) (Amended:OG-6/7/2022-31888) Even if the application is accepted, evaluated, and decided to be supported, no support payment shall be made unless the ISO 50001 Energy Management System Standard certificate is obtained. The industrial enterprise, for which no support payment is made due to this situation, cannot claim any rights and receivables.

(9) In case of transfer, merger with another enterprise and change of type of the enterprise within the agreement period, this issue is evaluated by the Ministry, and it is decided to continue or terminate the voluntary agreement.

(10) Applications and all notifications under the voluntary agreement may be made in writing or electronically. All documents and information may also be received electronically.

SECTION SEVENTH

Demand Side Management

Application regarding labelling

ARTICLE 21 - (1) Legal entities and industrial enterprises that apply to the Ministry voluntarily with documents showing that the energy label class for refrigerators and air conditioners is above A, and that the efficiency value for electric motors is above the nominal limits defined for IE3, the super efficiency group for 50 Hz and 60 Hz in the EN 60034-30 standard (Amended phrase: RG-25/1/2020-31019) are given an energy efficiency (ENVER) label within the framework of the procedures and principles defined below. The format and price of the ENVER label (Amended phrase: RG-25/1/2020-31019) shall be determined by the Ministry and published on the website of the Ministry. Industrial enterprises and products that are given the ENVER label (Amended phrase: RG-25/1/2020-31019) shall be announced on the website of the Ministry.

a) The ENVER label shall be given exclusively to the import batch for imported products and limited to the planned production amount for domestically produced products. (Amended phrase: RG-25/1/2020-31019) The Ministry may test or have samples selected from the product group given the ENVER label tested in an accredited laboratory. If incompatibility is detected in these tests or if it is determined that the ENVER labels given are used inappropriately, the application of the ENVER label is stopped, and this situation is announced by the Ministry on its website (Change phrase: RG-25/1/2020-31019).

b) In order for industrial enterprises to be given ENVER labelling (Amended phrase: RG-25/1/2020-31019), they must have benefited from the supports within the scope of Article 20 by making a voluntary agreement with the Ministry.

(2) Manufacturers and importers of boilers used for heating buildings and electrical appliances shall notify the Ministry of the quantities of the products they sell in the country on the basis of energy labelling classes in January each year (Amended phrase:OG-25/1/2020-31019).

Reduction of electrical energy and power demand

ARTICLE 22 - (1) Supply companies and organised industrial zone directorates operating in the electricity market (Amended phrase: RG-25/1/2020-31019) shall work on the following issues to reduce the electricity energy and power demands of their subscribers:

a) Making voluntary agreements with industrial and commercial subscriber groups with high consumption to participate in intermittent energy programmes or to shift their loads to other time periods, when necessary,

b) Organising campaigns to promote the use of high energy efficient electrical appliances available on the market, with priority given to air conditioners, refrigerators and lamps or light bulbs, in cooperation with manufacturing companies or associations or unions on their behalf.

Outdoor lighting

ARTICLE 23 - (1) The following practices are carried out by the distribution companies operating in the electricity market (Amended: RG-25/1/2020-31019) and municipalities:

a) (Amended:OG-25/1/2020-31019) In road lighting, the General Lighting Regulation, LED Light Source Road Lighting Luminaires Technical Specification, Road Lighting Luminaires Technical Specification and Procedures and Principles for LED Road Lighting Design published in the Official Gazette dated 27/7/2013 and numbered 28720 shall be complied with. In addition, the Regulation on Environmentally Friendly Design of Energy-Related Products, which was put into force by the Decree of the Council of Ministers dated 23/6/2010 and numbered 2010/643, and the Regulation on the Indication of Energy and Other Resource Consumption of Products through Labelling and Standard Product Information, which was put into force by the Decree of the Council of Ministers dated 12/9/2011 and numbered 2011/2257.

b) In road lighting;

1) (Amended:OG-25/3/2014-28952) High pressure sodium vapour lamps with transparent glass tubes, LED road lighting luminaires shall be used in road, avenue, street, underpass and overpass and square lighting within the scope of general or open area lighting. (Additional sentence:OG-3/9/2014- 29108) The Ministry shall decide which or which of these technologies shall be used and the implementation issues.

2) Only low-pressure sodium vapour lamps shall be used in road, street, square and area lighting around astronomical observatories and in areas where the protection of natural life and the prevention of light pollution is of primary importance.

c) (Amended:OG-25/1/2020-31019) In lighting systems used for park and garden lighting, LED miniatures are used.

ç) Tube fluorescent lamps are used in lighting for advertising and navigation purposes. This type of lamps are not used for road, street, alley and square lighting.

d) Luminaires are selected from types suitable for outdoor conditions.

e) (Additional:RG-25/3/2014-28952) In park and garden lighting, only the road, seating group, sports playgrounds, car park and parts requiring security are illuminated. Lamps and luminaires to be preferred in outdoor lighting are selected according to profitability. It is essential that the profitability calculations are made in a way to include the energy cost and operation and maintenance costs including the life of the lamp and luminaire and submitted in the project file.

Awareness raising and promotional activities

ARTICLE 24 - (1) In order to contribute to the development of energy culture and efficiency awareness in the society, public institutions and organisations shall organise promotional and awareness-raising activities in coordination with the Ministry or contribute to the activities organised by the Ministry (Amended phrase: RG-25/1/2020-31019).

(2) Legal entities selling electricity and/or natural gas within the scope of their licences shall provide access to information monthly including the consumption amount of their subscribers for the previous fiscal year and the consumption price corresponding to this amount and information on peak consumption, in comparison with the average consumption (Amended phrase: RG-6/7/2022-31888) values of the same consumer groups, on the internet.

(3) (Repealed phrase: RG-25/1/2020-31019) (...) Necessary arrangements shall be made by the Ministry of National Defence, the Ministry of National Education and the relevant public institutions or organisations to provide theoretical and practical information on the basic concepts of energy and energy efficiency, the general energy situation of Turkey, energy resources, energy production techniques, efficient use of energy in daily life, the importance of energy efficiency in climate change and environmental protection. (4) The following activities shall be carried out to raise awareness in the public sector:

a) In-service training seminars shall be organised to raise awareness of employees for reducing energy consumption. Employees shall be informed about the energy consumption of the places where they work.

b) Posters (Amended phrase: RG-6/7/2022-31888) and similar visuals shall be placed in publicly visible places such as dining halls, conference halls, transition zones and similar places to extinguish unused lamps, to introduce efficiency labels for electrical appliances and light bulbs, to switch off office devices when not in use.

c) (Amended sentence:RG-25/1/2020-31019) Within the scope of energy efficiency awareness raising and awareness activities every year;

1) (Amended: RG-25/1/2020-31019) Organises or has organised awareness-raising activities such as conferences, exhibitions, fairs, and competitions in coordination with relevant ministries, metropolitan municipalities, and non-governmental organisations.

2) Directorates of National Education shall take necessary measures for activities related to energy efficiency for primary and secondary education students in each province.

ç) An energy efficiency club shall be established in primary, secondary and non-formal (Amended phrase: RG-25/1/2020-31019) education institutions and necessary measures shall be taken to include issues related to energy efficiency in club activities and in the homework and projects to be prepared by students during the school year.

d) (Repealed phrase: RG-6/7/2022-31888) (Amended phrase: RG-25/1/2020-31019) The Post and Telegraph Organisation Joint Stock Company shall take the necessary measures to include graphics and messages related to energy efficiency developed by the Ministry in stamps, envelopes, parcels, and similar postal transactions.

(5) (Amendment: RG-25/1/2020-31019) The Ministry shall organise competitions with or without awards for awareness-raising and promotion purposes and shall distribute the promotion and awareness-raising materials prepared or commissioned by the Ministry free of charge.

PART EIGHT

Practices for Increasing Energy Efficiency in Electricity Generation, Transmission and Distribution

Energy management in electric power generation plants

ARTICLE 25 - (Amended:OG-6/7/2022-31888) (1) In electricity generation facilities with an installed capacity of one hundred megawatts or more, one of their employees holding an energy manager certificate shall be appointed as an energy manager to carry out the activities related to energy management specified in Article 8 on behalf of the management.

Increasing energy efficiency in electrical energy transmission and distribution

ARTICLE 26 - (1) In order to prevent technical losses in the distribution system (Amendment: RG-25/1/2020-31019), the matters regulated in the Electricity Market Distribution Regulation published in the Official Gazette dated 2/1/2014 and numbered 28870 shall be complied with by the legal entities carrying out distribution activities in the electricity market.

(2) The matters regulated in the Electricity Network Regulation published in the Official Gazette dated 28/5/2014 and numbered 29013 bis) for parameters such as voltage, frequency, harmonics, flicker intensity, reactive and active power ratios (Cos), being out of circuit, N-1, which affect the power quality in terms of prevention of technical losses in the transmission system and efficiency criteria of the transmission system (Amended phrase: RG-25/1/2020-31019) shall be complied with by the legal entities operating transmission activities in the electricity market.

(3) (Annex: OG-25/1/2020-31019) Lifetime cost analyses shall be made for new transmission and distribution facilities and equipment that will minimise losses shall be selected.

Efficiency increase criteria of thermal power plants and utilisation of waste heat

ARTICLE 27 - (1) (Repealed:OG-25/1/2020-31019)

(2) (Amended sentence:RG-6/7/2022-31888) In thermal power plants with an installed capacity of twenty megawatts or more, energy studies shall be conducted or commissioned to companies for the utilisation of waste heat in sectors such as industry, agricultural production, aquaculture, cold storage, and freshwater production as well as for heating and cooling purposes in buildings. The final study reports shall be submitted to the Ministry by the end of March of the year following the year in which the study was conducted.

(3) Municipalities and Housing Development Administration shall give priority to the regions where central or district heating and cooling can be done with thermal power plant waste heat, if any, and take necessary measures for heat distribution infrastructure plans while opening new mass housing areas for settlement.

Cogeneration applications

ARTICLE 28 - (Amended:OG-25/1/2020-31019) (1) In the applications within the scope of Article 8 of the Law, subparagraph (a) of the first paragraph of Article 9 and Article 14 of the Electricity Market Law, the efficiency criteria determined by the Communiqué on Procedures and Principles Regarding the Calculation of the Efficiency of Cogeneration and Microcogeneration Facilities (Serial No: 2014/3) must be met. (Additional sentence:RG-6/7/2022-31888) The enterprises that are issued an efficiency certificate within the scope of the said Communiqué shall submit the cogeneration plant production and consumption data to the Ministry until the end of March each year.

(2) (Annex:RG-6/7/2022-31888) Feasibility studies for the implementation of cogeneration systems in industrial enterprises that will be newly established or undergo major rehabilitation with a thermal energy requirement of twenty megawatts or more shall be carried out or commissioned to companies. The final feasibility study reports shall be submitted to the Ministry by the end of March of the year following the year in which the study was conducted.

Other issues

ARTICLE 29 - (1) Materials complying with national and international standards shall be used in electricity generation, transmission, and distribution.

(2) In lignite production areas providing fuel to thermal power plants, ore enrichment, screening, sorting and similar homogenisation and enrichment processes shall be applied to improve lignite quality.

(3) Efficient combustion techniques shall be used to ensure efficient use of the primary energy source in coal-fired thermal power plants to be established and the installed capacity of the plant shall be selected in a way to ensure maximum utilisation of the primary resource potential.

(4) In order to reduce internal consumption of thermal power plants, system rehabilitations shall be carried out in a timely manner to reduce failures through automation and preventive maintenance practices and to establish a spare parts and stock control system.

(5) The specifications to be prepared for the privatisation of electricity generation and distribution facilities shall include issues related to taking measures to increase efficiency and reducing technical losses.

(6) Public institutions and organisations conducting and/or supporting research and development projects shall prioritise projects on the following subjects. They shall provide technical support together with promotional activities for the implementation of successfully finalised projects.

a) Reducing the cost and increasing the performance of biofuels produced from domestic agricultural products,

b) Biofuel or synthetic fuel production techniques from biomass resources,

c) Hydrogen production techniques that can be economical by using renewable energy sources such as water, wind, solar and geothermal.

PART NINE

Energy Efficiency Measures in Public Sector

Energy studies

ARTICLE 30 - (Repealed: OG-6/7/2022-31888)

Priority measures that can be taken to increase energy efficiency in public sector buildings and enterprises

ARTICLE 31 - (Amended:OG-25/1/2020-31019) (1) In order to increase energy efficiency in buildings and enterprises belonging to the public sector, the measures set out in the Savings Target and Implementation Guide for Public Buildings determined by the Ministry shall be applied. However, the Ministry of National Defence and its affiliated and related institutions, the Presidency of the National Intelligence Organisation and its affiliated and related institutions and other institutions and organisations deemed appropriate by the Ministry shall be exempted from the obligations defined in this article.

PART TEN

Obligation to Provide Information and Administrative Sanctions

Obligation to provide information

ARTICLE 32 - (1) (Amended:OG-6/7/2022-31888) Commercial buildings, public and service buildings, industrial enterprises, electricity generation facilities and organised industrial zones shall submit their notifications under Article 9/A to the Ministry until the end of March each year.

(2) (Amended:OG-6/7/2022-31888) In order to determine the accuracy of the information transmitted within the scope of the first paragraph, it is obligatory to provide all kinds of information and documents requested for the on-site inspections and examinations to be carried out by the Ministry regarding the appointment of an energy manager, the establishment of an energy management unit and the fulfilment of the activities related to energy management defined under Article 8 and to provide the necessary conditions.

(3) (Amended:OG-25/1/2020-31019) The Ministry may request additional information and documents from the relevant institutions and organisations within the framework of energy efficiency activities and carry out joint studies.

(4) The Turkish Armed Forces, the Ministry of National Defence and its affiliated organisations and the Presidency of the National Intelligence Organisation (Amended: RG-25/1/2020-31019) are not obliged to provide information that is not deemed appropriate for safety and security within the scope of the notifications to be made pursuant to the fifth paragraph of Article 9.

(5) (Annex:OG-6/7/2022-31888) Heating/cooling network managements with a total annual energy consumption of five hundred TOE and above, which provide heat distribution to more than one building by producing heat in one or more centres, shall notify the Ministry until the end of March each year in accordance with the format determined by the Ministry.

Administrative sanctions

ARTICLE 33 - (1) (Amended phrase: RG-25/1/2020-31019) As a result of the determinations and/or inspections carried out by the Ministry, administrative sanctions under Article 10 of the Law shall be imposed on real or legal persons.

PART ELEVEN

Miscellaneous and Final Provisions

Regulatory authorisation

ARTICLE 34 - (Amended:OG-25/1/2020-31019) (1) The Ministry is authorised to make all kinds of sub-regulations to ensure the implementation of this By-Law. Implementation procedures and principles related to this By-Law shall be determined by the Ministry and announced on the Ministry's website.

(2) Implementation procedures and principles on energy efficiency training and certification activities, implementation procedures and principles on granting authorisation certificates to institutions and organisations to carry out energy efficiency services, implementation procedures and principles on energy efficiency supports shall be determined by the Ministry and announced on the website of the Ministry.

Coordination

ARTICLE 35 - (Amended:OG-25/1/2020-31019) (1) The Ministry shall organise a coordination meeting if deemed necessary with the participation of sector representatives in order to evaluate the developments, bottlenecks, and solution proposals regarding energy efficiency services.

Exceptions

ARTICLE 36 - (Amended:OG-25/1/2020-31019) (1) The Ministry of National Defence and its affiliated and related institutions and the Presidency of National Intelligence Organisation and its affiliated and related institutions shall not be held responsible for the provisions of the second paragraph of Article 8 and the first, second, third, fourth and sixth paragraphs of Article 9. However, these institutions shall determine the implementation procedures and principles regarding these provisions by their own internal regulations.

Repealed Regulation

ARTICLE 37 - (1) The Regulation on Increasing Efficiency in the Use of Energy Resources and Energy published in the Official Gazette dated 25/10/2008 and numbered 27035 has been repealed.

(Amended phrase: OG-25/1/2020-31019) Duty of the Ministry to authorise companies

PROVISIONAL ARTICLE 1 - (1) Within the framework of the provisions of Article 6 (Amended phrase: RG-25/1/2020-31019), the authorisation activity of the Ministry shall continue until the number of authorised institutions is ten.

Renewal of existing authorisation certificates and energy manager certificates

PROVISIONAL ARTICLE 2 - (Repealed: OG-25/1/2020-31019)

Ongoing support applications

PROVISIONAL ARTICLE 3 - (1) Contracts and agreements signed before the entry into force of this By-Law regarding project support and voluntary agreement practices shall be valid until the expiry of their terms. The support payments to be made to them shall be made over the amounts calculated according to the legislation in force on the date of signature of the contract or agreement.

Notification of energy consumption

PROVISIONAL ARTICLE 4 - (Repealed: OG-25/1/2020-31019)

Initial energy audits

PROVISIONAL ARTICLE 5 - (Repealed: OG-25/1/2020-31019)

Arrangements to be made in the public sector

PROVISIONAL ARTICLE 6 - (Repealed: OG-25/1/2020-31019)

Appointment and notification of the first energy managers

PROVISIONAL ARTICLE 7 - (Repealed: OG-25/1/2020-31019)

The applicable national or international ISO 50001 TS ISO 50001 Energy Management System - User Guide and Requirements Standard, which is the basis for certification in support applications

PROVISIONAL ARTICLE 8 - (Repealed: OG-25/1/2020-31019)

Technical criteria for road, avenue, street, underpass, overpass, and square lighting within the scope of general or open area lighting

PROVISIONAL ARTICLE 9 - (Additional:OG-25/3/2014-28952) (1) Technical criteria for road, street, alley, underpass and overpass and square lighting within the scope of general or open area lighting shall be announced by the Turkish Electricity Distribution Joint Stock Company (Amended phrase:OG-25/1/2020-31019) within one year following the entry into force of this Regulation and these criteria must be complied with in practice.

Authorisation certificate scope change

PROVISIONAL ARTICLE 10 - (Additional:OG-25/1/2020-31019) (Repealed:OG-6/7/2022-31888)

Renewal of energy manager certificates

PROVISIONAL ARTICLE 11 - (Additional:RG-25/1/2020-31019) (1) Persons who have industrial energy manager certificate and/or building energy manager certificate by participating in the energy manager trainings organised for industry and/or building sectors before the entry into force of this article shall be given energy manager certificate without any other conditions by withdrawing their old certificate or certificates, if they apply to the Ministry.

Implementation of the first centralised examination

PROVISIONAL ARTICLE 12 - (Additional:OG-25/1/2020-31019) (Repealed:OG-6/7/2022-31888)

Granting rights to existing persons who failed in the study-project assignment

PROVISIONAL ARTICLE 13 - (Additional:OG-25/1/2020-31019) (Repealed:OG-6/7/2022-31888)

Periods for the obligation to certify TS EN ISO 50001 Energy Management System

PROVISIONAL ARTICLE 14 - (Additional:RG-25/1/2020-31019) (1) As of the effective date of this article, the provision in the second paragraph of Article 8 shall be fulfilled until the end of 2023 at the latest.

Defining exemption for compulsory studies

PROVISIONAL ARTICLE 15 - (Additional:OG-25/1/2020-31019)

(1) (Repealed: OG-6/7/2022-31888)

(2) Industrial enterprises which are obliged to carry out audits as of the effective date of this Article shall complete their audits within three years at the latest.

(3) (Annex:RG-6/7/2022-31888) Thermal power plants, which are obliged to carry out audits as of the effective date of this Article, shall carry out or have their first energy audits carried out within three years at the latest.

Entry into force

ARTICLE 38 - (1) This Regulation shall enter into force on the date of its publication.

Execution

ARTICLE 39 - (1) The provisions of this Regulation shall be executed by the Minister of Energy and Natural Resources.

Annex-1 (Repealed: OG -14/3/2020-31068)

Annex-2 (Repealed: OG -6/7/2022-31888)

Annex-3 (Repealed: OG -14/3/2020-31068)

Annex-4 (Repealed: OG -14/3/2020-31068)

Annex-5 (Repealed: OG -14/3/2020-31068)

(Please Note: This unofficial translation from the Turkish version of the Regulation accessed on 31 July 2023 is for information purposes. In case of any request or dispute, please refer to the current original version here.)