Liquefied Petroleum Gases (LPG) Market License Regulation Has Been Amended

Regulation Amending the Liquefied Petroleum Gases (LPG) Market Licence Regulation (“Amendment Regulation”) published in the Official Gazette dated 23/11/2024 and numbered 32731; has amended the Articles 7, 10, 12/A, 15, 16, 17, 18 and 20 of the Liquefied Petroleum Gases (LPG) Market Licence Regulation (“LPG Market Licence Regulation”). The comparative table and relevant explanations regarding the regulations made by the Amending Regulation are given below.

	Regulations Before the Amendment Regulation	Regulations After the Amendment Regulation
LPG Market Licence Regulation 7/6	In the event that it is established that the licence applications are not made in accordance with the relevant legislation, the applicant shall be notified in the written form that the contradictions in question must be eliminated within ten business days, otherwise the application shall be deemed not made. If the contraventions are not rectified within the said period, the application shall be deemed not filed.	In the event that it is established that the licence applications are not made in accordance with the relevant legislation, the applicant shall be notified in written or electronically via EMRA Application System that the contradictions in question must be eliminated within ten business days, otherwise the application shall be deemed not made. If the contraventions are not rectified within the said period, the application shall be deemed not filed.
LPG Market Licence Regulation 10/2	For LPG distributor and storage licence applications, the report on the examination and evaluation shall be submitted to the Board and the licence application shall be finalised by the Board decision. In case the licence application is rejected by the Board, the reasons of the rejection shall be notified to the applicant in the written form.	For LPG distributor and storage licence applications, the report on the examination and evaluation shall be submitted to the Board and the licence application shall be finalised by the Board decision. In case the licence application is rejected by the Board, the reasons of the rejection shall be notified to the applicant in written or electronically via EMRA Application System.
LPG Market Licence Regulation 10/7	In order for the licence application requests to be fulfilled, the applicant must have no overdue premium and administrative fine debts to the Social Security Institution and no overdue debt within the scope of Article 22/A of the Law on the Procedure for Collection of Public Receivables dated 21/7/1953 and numbered 6183. Information on whether the applicant has overdue debts is obtained by the Agency from the Revenue Administration and the Social Security Institution. Objections regarding the debt information are made to the Revenue Administration or the Social Security Institution according to the scope of the debt. Objections made by the applicant to the Institution or the information and documents submitted by the applicant are not taken into consideration. The procedures and principles regarding the provision of debt information are determined by data sharing protocols between the Institution, Social Security Institution and Revenue Administration.	In order for the LPG Distributor Licence, LPG Storage Licence and LPG Autogas Dealer Licence application requests to be fulfilled, the applicant must have no overdue premium and administrative fine debts to the Social Security Institution and no overdue debt within the scope of Article 22/A of the Law on the Procedure for Collection of Public Receivables dated 21/7/1953 and numbered 6183. Information on whether the applicant has overdue debts is obtained by the Agency from the Revenue Administration and the Social Security Institution. Objections regarding the debt information are made to the Revenue Administration or the Social Security Institution according to the scope of the debt. Objections made by the applicant to the Institution or the information and documents submitted by the applicant are not taken into consideration. The procedures and principles regarding the provision of debt information are determined by data sharing protocols between the Institution, Social Security Institution and Revenue Administration.
LPG Market Licence Regulation 12/A	Mergers, divisions and acquisitions It is obligatory for the licensee legal entities to inform the Institution about these transactions in advance in the following cases: a) The licensee wishes to merge with another licensee with all its assets and liabilities, b) A legal entity holding a licence wishes to merge with a legal entity that is not a licence holder, either within its own legal entity or within another legal entity that is not a licence holder, together with all its assets and liabilities, c) A legal entity holding a licence wishes to be fully or partially divided, ç) If a legal entity holding a licence wishes to be taken over by another company All documents obtained from other public institutions and organisations and submitted to the Institution in licence applications shall be updated and submitted to the Institution within 1 year following the registration of the merger, division or acquisition in the trade registry.	Mergers and divisions It is obligatory for the licensee legal entities to inform the Institution about these transactions in advance in the following cases: a) The licensee wishes to merge with another licensee with all its assets and liabilities, b) A legal entity holding a licence wishes to merge with a legal entity that is not a licence holder, either within its own legal entity or within another legal entity that is not a licence holder, together with all its assets and liabilities, c) A legal entity holding a licence wishes to be fully or partially split, All documents obtained from other public institutions and organisations and submitted to the Institution in licence applications shall be updated and submitted to the Institution within 1 year following the registration of the merger or division in the trade registry. In case of merger or division of companies holding LPG Distributor Licence, the distributor information of LPG Autogas dealer/dealers shall be amended ex officio.
LPG Market Licence Regulation 15/2	The evaluation of whether the licence amendment applications are in compliance with the relevant legislation is completed within ten business days following the date of entry of the submitted documents into the Authority's document system. In case it is determined that the licence amendment applications are not made in accordance with the relevant legislation, the applicant is notified in the written form that the contradictions in question must be eliminated within ten business days, otherwise the amendment application will be deemed not made. If the contradictions are not eliminated within the said period, the amendment application shall be deemed as not filed.	The evaluation of whether the licence amendment applications are in compliance with the relevant legislation is completed within ten business days following the date of entry of the submitted documents into the Authority's document system. In case it is determined that the licence amendment applications are not made in accordance with the relevant legislation, the applicant is notified in written or electronically via EMRA Application System that the contradictions in question must be eliminated within ten business days, otherwise the amendment application will be deemed not made. If the contradictions are not eliminated within the said period, the amendment application shall be deemed as not filed.
LPG Market Licence Regulation 15/7	In order to fulfil the licence amendment requests, the applicant must not have any overdue premium and administrative fine debts to the Social Security Institution and any overdue debt within the scope of Article 22/A of the Law No. 6183. Information on whether the applicant has overdue debts is obtained by the Institution from the Revenue Administration and Social Security Institution. Objections regarding the debt information are made to the Social Security Institution or the Revenue Administration according to the scope of the debt. Objections made by the applicant to the Institution or the information and documents submitted by the applicant shall not be taken into consideration. The procedures and principles regarding the provision of debt information are determined by data sharing protocols between the Institution, Social Security Institution and Revenue Administration.	In order to fulfil the LPG Distributor Licence, LPG Storage Licence and LPG Autogas Dealer Licence amendment requests, the applicant must not have any overdue premium and administrative fine debts to the Social Security Institution and any overdue debt within the scope of Article 22/A of the Law No. 6183. Information on whether the applicant has overdue debts is obtained by the Institution from the Revenue Administration and Social Security Institution. Objections regarding the debt information are made to the Social Security Institution or the Revenue Administration according to the scope of the debt. Objections made by the applicant to the Institution or the information and documents submitted by the applicant shall not be taken into consideration. The procedures and principles regarding the provision of debt information are determined by data sharing protocols between the Institution, Social Security Institution and Revenue Administration.
LPG Market Licence Regulation 16/4	The assessment of whether the extension of time application complies with the relevant legislation is completed within ten working days following the date of entry of the submitted documents into the Institution's document system. If it is determined that the application for extension of time is not made in accordance with the relevant legislation, the applicant is requested in the written form to eliminate the deficiencies within ten business days, and if the deficiencies are not eliminated within this period, the application for extension of time shall be deemed not to have been made.	The assessment of whether the extension of time application complies with the relevant legislation is completed within ten working days following the date of entry of the submitted documents into the Institution's document system. If it is determined that the application for extension of time is not made in accordance with the relevant legislation, the applicant shall be notified in written or electronically via EMRA Application System to eliminate the deficiencies within ten business days, and if the deficiencies are not eliminated within this period, the application for extension of time shall be deemed not to have been made.
LPG Market Licence Regulation 16/7	In order for the licence extension requests to be fulfilled, the applicant must not have overdue premium and administrative fine debts to the Social Security Institution and overdue debts within the scope of Article 22/A of the Law No. 6183. Information on whether the applicant has overdue debts is obtained by the Institution from the Revenue Administration and the Social Security Institution. Objections regarding the debt information are made to the Social Security Institution or the Revenue Administration according to the scope of the debt. Objections made by the applicant to the Institution or the information and documents submitted by the applicant are not taken into consideration. The procedures and principles regarding the provision of debt information are determined by data sharing protocols between the Institution, Social Security Institution and Revenue Administration.	In order for the LPG Distributor Licence, LPG Storage Licence and LPG Autogas Dealer Licence extension requests to be fulfilled, the applicant must not have overdue premium and administrative fine debts to the Social Security Institution and overdue debts within the scope of Article 22/A of the Law No. 6183. Information on whether the applicant has overdue debts is obtained by the Institution from the Revenue Administration and the Social Security Institution. Objections regarding the debt information are made to the Social Security Institution or the Revenue Administration according to the scope of the debt. Objections made by the applicant to the Institution or the information and documents submitted by the applicant are not taken into consideration. The procedures and principles regarding the provision of debt information are determined by data sharing protocols between the Institution, Social Security Institution and Revenue Administration.
LPG Market Licence Regulation 17/1-(c)	c) In the event of the death of the licence holder or termination of the legal entity including mergers and acquisitions, LPG Distributor and LPG Storage Licences by the Board Decision; LPG Autogas Dealership, LPG Cylinder Inspection, Repair and Maintenance, LPG Cylinder Manufacturing and LPG Transport Licences by the decision of the Liquefied Petroleum Gases (LPG) Market Department,	c) In the event of the death of the licence holder or termination of the legal entity including mergers and divisions, LPG Distributor and LPG Storage Licences by the Board Decision; LPG Autogas Dealership, LPG Cylinder Inspection, Repair and Maintenance, LPG Cylinder Manufacturing and LPG Transport Licences by the decision of the Liquefied Petroleum Gases (LPG) Market Department,
LPG Market Licence Regulation Additional Paragraph	-	In the event of a change in the shareholding structure of a legal entity holding an LPG Distributor and LPG Storage Licence, its management body and those authorised to represent and bind at the top level, the licensee shall notify the Institution with the following documents within six months at the latest as of the occurrence of the change or the publication in the Turkish Trade Registry Gazette if the change is a change that must be published in the Turkish Trade Registry Gazette: a) Except for associations, foundations, cooperatives and joint stock companies in terms of changes in publicly traded shareholders, if there is a change in the shareholding structure of the licensee legal entity, if the change is voluntary, a notarised copy of the agreement regarding the transfer of shares or the Turkish Trade Registry Gazette regarding the change; if the change is caused by inheritance, property regime or forced execution, documents showing these. b) In case of a change in the management body of the licence holder legal entity, the Turkish Trade Registry Gazette in which the decision regarding the change is published. c) In case of a change in the representation and binding authorities of the licence holder legal entity, a new notarised authorisation certificate.
LPG Market Licence Regulation 20/1-(b)	b) To carry out LPG transport activities in accordance with technical regulations, relevant and other legislation, to notify the Institution of the road transport vehicles (excluding cylinder transport vehicles) to be used in LPG transport within the scope of the Energy Market Notification Regulation without being recorded in their licences,	b) To carry out LPG transport activities in accordance with technical regulations, relevant and other legislation, to notify the Institution of the road transport vehicles (excluding cylinder transport vehicles) to be used in LPG transport, electronically by making a vehicle notification request entry without being recorded in their licences,

Article 8 of the Amendment Regulation regarding Article 20/1-(b) of the LPG Market Licence Regulation shall enter into force on 01/03/2025 and the remaining articles shall enter into force on 23/11/2024, the date of publication.

 The amendments made by the Amending Regulation are summarised as follows;

 ·          In the event that it is determined that the licence, licence amendment and extension applications are not made in accordance with the relevant legislation, the applicant will be notified that the contradictions and deficiencies must be corrected within ten business days, otherwise the application will be deemed as not made.

 ·          While LPG distributor licence holders were previously required to carry out LPG transport activities in accordance with technical regulations, relevant and other legislation, and to notify EMRA of the road transport vehicles (excluding cylinder transport vehicles) to be used in LPG transport within the scope of the Energy Market Notification Regulation without being recorded in their licences, they will now notify EMRA electronically by entering a vehicle notification request.

·          In case of merger or division of companies holding LPG distributor licence, the distributor information of LPG autogas dealer/dealers will be amended ex officio. 

·          In the event of a change in the shareholding structure of a legal entity holding an LPG distributor and LPG storage licence, its management body and those authorised to represent and bind at the top level, the licensee shall notify EMRA with the documents listed in the additional paragraph within six months at the latest from the date of the change or from the publication in the Turkish Trade Registry Gazette if the change is a change that must be published in the Turkish Trade Registry Gazette.
 
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