The amendments made by the Energy Market Regulatory Authority ("EMRA") to the Electricity Market Consumer Services Regulation have introduced provisions ensuring greater transparency in electricity pricing for consumers in bilateral agreements and implemented new measures to prevent unauthorized electricity use.
With the Regulation Amending the Electricity Market Consumer Services Regulation ("Amendment Regulation"), published in the Official Gazette dated 14 January 2025, and numbered 32782, new provisions have been introduced in the Electricity Market Consumer Services Regulation, particularly concerning the regulation of bilateral agreements, principles related to security deposits, and measures against unauthorized electricity use.
Key highlights of these amendments are summarized below:
- The establishment of a platform enabling consumers to review, compare, and enter into bilateral agreements with suppliers has been mandated. On this platform, bilateral agreements will be concluded upon the consumer's acceptance of the offer provided by the supplier.
- It has been regulated that for individuals and legal entities opening a business, if there is an outstanding consumption debt or unauthorized electricity consumption debt at the location of application, the applicant may be required to present a business license obtained from the municipality or other relevant licenses or documents based on the business activity.
- It has been stipulated that retail sales contracts shall be executed by signing the Contract Formation Form either manually or via a secure electronic signature, and a copy of the form shall be provided to the consumer. The relevant documents shall be stored with a timestamp. The burden of proof regarding the formation of the contract shall rest with the incumbent supplier.
- Consumers who have paid all their bills on time for a 24-month period, whose supplier and consumer group remain unchanged, and who either relocate their place of consumption or enter into a new residential retail sales contract at a different location without engaging in unauthorized electricity consumption shall not be required to provide a security deposit. However, if any of their bills are not paid by the due date, the security deposit shall be collected.
- In cases where the electricity meter cannot be read due to consumer-related reasons during a site visit, it shall be required to document the situation by photographing or recording a video with location and date information, or obtaining a certification document from the local administrative authority. In such cases, the electricity bill shall be calculated based on historical consumption data for the same period at the location, or in the absence of such data, based on the consumption data of similar locations for the same period.
- Provided that the consumer's explicit consent is obtained, invoice/payment notifications may be delivered in writing or electronically via SMS, email, e-invoice, or e-archive. If the consumer's contact information is available, it has been made mandatory to send an SMS notification regarding the invoice amount and due date.
- Suppliers are required to provide consumers with access to their current and past electricity bills, as well as consumption comparison information with similar consumers, through their websites and mobile applications.
- In cases where resistance is shown against electricity disconnection, if a report is prepared by law enforcement authorities or if the company documents the application made to law enforcement, the actual disconnection shall not be a prerequisite for initiating legal proceedings.
- When issuing an unauthorized electricity consumption bill, the consumer shall be provided in writing with details of the bill calculation, the grounds for the action, and the appeal period and conditions. If the same consumer has been found to have engaged in unauthorized electricity consumption within the past year, this notification shall not be required.
- Before initiating legal proceedings for the collection of an unauthorized electricity consumption bill, the consumer shall be notified in writing and, if applicable, via a permanent data storage device (e.g., SMS, email) that the debt must be paid within 15 days. If the debt is not paid, it shall be collected through legal means. If legal proceedings are initiated without this notification, the process shall be terminated. If a notification has been made for unauthorized electricity collection within the past year, a new notification shall not be required.
- If access to the electricity meter is obstructed, the distribution company shall be authorized to relocate the meter and/or the measurement system.
You can access the full text of the Amendment Regulation via this link. (Only in Turkish)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
