Turkey: Key Notes On The Legal Developments Of June 2012

International Agreements

• The Resolution of the Council of Ministers dated 14.05.2012 on the Ratification of the "Loan Agreement Third Programmatic Environmental Sustainability and Energy Sector Development Policy Loan between Republic of Turkey and International Bank for Reconstruction and Development dated April 6, 2012" and its annexed letter that was signed with the mentioned bank, was published in the Official Gazette dated 06.06.2012 and numbered 28315.

 Council of Ministers Resolutions

• The Resolution of the Council of Ministers dated 15.06.2012 and numbered 2012/3305 on the Ratification of the "Resolution on the State Aids" was published in the Official Gazette dated 19.06.2012 and numbered 28328.

 Legislation

• Regulation on the Amendment to the Regulation Pertaining to the Unions was published in the Official Gazette dated 01.06.2012 and numbered 28310. Second article of this Regulation will enter into force on 01.05.2013 and the rest of its articles were entered into force by being published.
• The List of Incentive Certificates for the Month of April of the Year 2012 of t<0}ttttn  he Prime Ministry Undersecretariat of Treasury was published in the Official Gazette dated 01.06.2012 and numbered 28310.
• The List of Incentive Certificates Cancelled on the Month of April of the Year 2012 of t<0}ttttn  he Prime Ministry Undersecretariat of Treasury was published in the Official Gazette dated 01.06.2012 and numbered 28310.
• Communiqué (Communiqué No: Domestic Trade: 2012/2) on the Abrogation of the Communiqué Pertaining to the Adaption of the Provisions Providing Privileges under the Articles of the Association of the Joint Stock Companies (Communiqué No: Domestic Trade: 2012/1) was published in the Official Gazette dated 01.06.2012 and numbered 28310, and entered into force by being published.
• Law Pertaining to the Amendments to Certain Laws (Law No. 6321) was published in the Official Gazette dated 03.06.2012 and numbered 28312, and entered into force by being published.
• Regulation on the Amendment to the Stock Exchange Business Regulation was published in the Official Gazette dated 03.06.2012 and numbered 28312, and entered into force by being published.
• Regulation on the Amendment to the Chamber Business Regulation was published in the Official Gazette dated 03.06.2012 and numbered 28312, and entered into force by being published.
• General Communiqué on the Customs (Transit Procedure) (Series No: 2) was published in the Official Gazette dated 05.06.2012 and numbered 28314, and entered into force by being published.
• Regulation on the Amendment to the Customs Regulation was published in the Official Gazette dated 12.06.2012 and numbered 28321, and entered into force by being published.
• Regulation on the Amendment to the Regulation Pertaining to the Natural Gas Market Certificates was published in the Official Gazette dated 12.06.2012 and numbered 28321, and entered into force by being published.
• Regulation on the Amendment to the Regulation Pertaining to the Notary Public Law was published in the Official Gazette dated 12.06.2012 and numbered 28321, and entered into force by being published.
• Law on the Amendment to the Law on Procedure of Collection of the Public Receivables and Certain Laws was published in the Official Gazette dated 15.06.2012 and numbered 28324. Different dates of entry into force are stated for the articles of this Law.
• Law on the İzmir EXPO Area was published in the Official Gazette dated 15.06.2012 and numbered 28324, and entered into force by being published.
• General Communiqué on the Law on Fees was published in the Official Gazette dated 16.06.2012 and numbered 28325.
• Communiqué on the Application of the Resolution Pertaining to the State Aids for the Investments was published in the Official Gazette dated 20.06.2012 and numbered 28329, and entered into force by being published.
• Law on the Mediation for the Legal Disputes was published in the Official Gazette dated 22.06.2012 and numbered 28331. Articles 28 and 32 and temporary articles of this Law were entered into force by being published and other articles of this Law will enter into force one year later following its publication.
• Regulation on the Customs and Trade Council was published in the Official Gazette dated 22.06.2012 and numbered 28331, and entered into force by being published.
• General Communiqué on the Value Added Tax (Series No: 119) was published in the Official Gazette dated 23.06.2012 and numbered 28332.
• General Communiqué on the Law No. 6111 Pertaining to the Restructuring Certain Receivables (Series No: 4) was published in the Official Gazette dated 26.06.2012 and numbered 28335.
• General Communiqué on the Tax Procedure Law (Sequence No: 415) was published in the Official Gazette dated 26.06.2012 and numbered 28335, and entered into force by being published.
• Regulation Pertaining to the Evaluation of the Capital Adequacy of the Banks was published in the Official Gazette dated 28.06.2012 and numbered 28337. This Regulation will enter into force on 01.07.2012.
• Regulation Pertaining to the Internal Control Systems of the Banks was published in the Official Gazette dated 28.06.2012 and numbered 28337. This Regulation will enter into force on 01.07.2012.
• Law on the Ombudsman Institution was published in the Official Gazette dated 29.06.2012 and numbered 28338. 17^th article of this Law will enter into force nine months later following its publication, and other articles were entered into force by being published.
• General Communiqué on the Tax Procedure Law (No: 417) was published in the Official Gazette dated 29.06.2012 and numbered 28338.
• Communiqué on the Amendment to the Communiqués Pertaining to the Turkish Accounting Standards (Sequence No: 1) was published in the Official Gazette dated 29.06.2012 and numbered 28338.
• Law on the Occupational Health and Safety was published in the Official Gazette dated 30.06.2012 and numbered 28339. Different dates of entry into force are stated for the articles of this Law.
• Law on the Turkish Human Rights Institution was published in the Official Gazette dated 30.06.2012 and numbered 28339, and entered into force by being published.
• Law on the Amendment to the Turkish Commercial Code and on the Amendment to the Law Pertaining to the Enter into Force and Enforcement of the Turkish Commercial Code was published in the Official Gazette dated 30.06.2012 and numbered 28339. This Law will enter into force on 01.07.2012.

 Competition

• The Board, as a result of the examination conducted in response to the claim that the Act no 4054 and the Communiqué no 2002/2 were violated by Total Oil Türkiye A.Ş. its refusal to erase the usufruct rights established in its favor, decided that the vertical relationship established between Total Oil Türkiye A.Ş. and Şirvan Petrol Ür. San. Tic. Ltd. Şti. with the dealership contract dated 26.10.2000 and the grant of usufruct rights for 15 years on 03.11.2000 was not interrupted with the contracts dated 29.03.2010 and 12.05.2010, the aforementioned vertical agreement benefited from the block exemption under the Communiqué no 2002/2 until 18.09.2010, since it was concluded before 18.09.2005, therefore, under paragraph 3, article 9 of the Act no 4054, the Presidency should be charged with rendering opinion to the relevant undertakings, stating that they should terminate the vertical agreement existing between the parties within 60 (sixty) days following the notification of the decision, and that otherwise proceeding would be started under the Act no 4054. (06.06.2012; 12-30/877-261)
• The Board, as a result of the examination conducted in response to the claim that Turkcell İletişim Hizmetleri A.Ş. did not comply with the obligations introduced by the Competition Board decision dated 06.06.2011 and numbered 11-34/742-230 and tried to make the Blue Point stores completely exclusive with the so-called Turkcell Communication Center-2 restructuring, to the request for the determination of whether the Act no 4054 would be violated with the planned increase in the number of the points of sales with which Turkcell İletişim Hizmetleri A.Ş. signed the "Turkcell Extra Agreement," which was granted exemption with the Competition Board decision dated 09.07.2008 and numbered 08-44/603-230, to the claims that the increases in the wholesale prices of prepaid minutes implemented by GSM operators, lead among them Turkcell İletişim Hizmetleri A.Ş., lowered the profit margins of retailers and that prepaid cards could not be purchased from Turkcell Distribution Centers (TDMs) other than those specified by Turkcell İletişim Hizmetleri A.Ş., decided that regarding the claims comprising the subject of the application dated 22.11.2011 and numbered 7989, initiating proceedings concerning Turkcell İletişim Hizmetleri A.Ş. and the undertakings in the distribution network of Turkcell İletişim Hizmetleri A.Ş. was not necessary; regarding the claims comprising the subject of the application dated 24.01.2012 and numbered 709, in accordance with article 41 of the Act no 4054, the complaint should be rejected and an investigation should not be initiated concerning Turkcell İletişim Hizmetleri A.Ş. and the undertakings in the distribution network of Turkcell İletişim Hizmetleri A.Ş., there was no information, evidence or findings to suggest that Turkcell's addition of 505 final points of service/sales to the 1100 final points of service/sales with the TİM status constituted an abuse under article 6 of the Act no 4054 with the current conditions, that the "Turkcell Extra Agreement" fulfilled the conditions listed in article 5 of the Act no 4054 in case Turkcell planned to add 505 final points of service/sales to the 1100 final points of service/sales with the TİM status. (14.06.2012; 12-33/922-281)

 Mergers & Acquisitions

• The Board authorized acquisition of the shares in Eurobank Tekfen A.Ş. representing 99.26% of its capital by Burgan Bank S.A.K. (06.06.2012; 12-30/889-267)
• The Board authorized the acquisition of Pfizer Nutrition by Nestle S.A. (14.06.2012; 12-33/936-292)
• The Board authorized the joint venture to be established by Solvay SA and Air Liquide International SA or by their fully owned subsidiaries. (14.06.2012; 12-33/930-288)
• The Board authorized the acquisition, by De'Longhi S.p.A, of the license of the "Braun" branded domestic appliances business unit of the Procter & Gamble company as well as the "Braun" trade mark used in this area. (14.06.2012; 12-33/918-277)
• The Board authorized the acquisition of the shares in Enerji Yatırım Holding A.Ş. owned by Global Yatırım Holding A.Ş. and Mehmet KUTMAN, and the consequent acquisition of full control over Enerji Yatırım Holding A.Ş. by STFA Yatırım Holding A.Ş., which currently has joint control. (26.06.2012; 12-35/1031-322)
• The Board authorized the acquisition, by Toshiba TEC Corporation, of International Business Machines Corporation's retail store solutions business and the assets related to that business. (26.06.2012; 12-35/1003-314)
• The Board authorized the acquisition of joint control over Ihy İzmir Havayolları A.Ş. by the Air Berlin Group through the acquisition of 45.79% of the shares of Ihy İzmir Havayolları A.Ş. from Pegasus Hava Taşımacılığı A.Ş. (26.06.2012; 12-35/995-308)

 Energy

• Sector Report on the Natural Gas Market for the year of 2011 was published on 06.06.2012 by Energy Market Regulatory Board.
• Sector Report on Oil Market of April 2012 was published on 07.06.2012 by Energy Market Regulatory Board.
• Sector Report on the Liquefied Petroleum Gases (LPG) Market of April 2012 was published on 28.06.2012 by Energy Market Regulatory Board. 

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