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Caspian Report - Issue 06 - Winter 2014

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AYHAN ERDEM<br />

80<br />

trations will be abolished by the new<br />

Metropolitan Municipality Law in<br />

March <strong>2014</strong>.<br />

“PERMISSION” RATHER THAN<br />

“LICENCES” FOR DEALERS: FROM<br />

LOCAL AUTHORITIES<br />

The licence requirement will be replaced<br />

with a permission requirement<br />

for dealers. According to the<br />

draft, dealers shall obtain permission<br />

from municipalities within the<br />

borders of the metropolitan municipality,<br />

municipality and municipal<br />

adjacent areas.<br />

Refuelling for vehicles shall only be<br />

carried out in liquid fuel stations<br />

that have the necessary equipment.<br />

However, factories, construction areas,<br />

transportation fleets and other<br />

places with similar needs which<br />

have the storage and refuelling capacity<br />

for their own vehicles shall<br />

be granted refuelling permission by<br />

municipalities within the borders of<br />

the metropolitan municipality, municipality<br />

and municipal adjacent<br />

areas or by special provincial administrations<br />

(or Metropolitan Municipalities)<br />

outside those authorities’<br />

jurisdiction.<br />

AUTOMATION ACCESS UNDER<br />

THE MINISTRY<br />

Distributors shall be obliged to implement<br />

effective quality control audits<br />

for the activities carried out under their<br />

registered trademarks, and to establish<br />

and implement an audit system including<br />

technological methods to prevent<br />

the sales of illegal liquid fuel by their<br />

dealers in accordance with the principles<br />

set out by the Ministry.<br />

With the draft, licencees undertaking<br />

distribution and independent<br />

dealers shall be obliged to ensure the<br />

Ministry’s access to the automation<br />

system they establish in their liquid<br />

fuel stations. The Ministry shall ensure<br />

the direct access of the Ministry<br />

of Science, Industry and Technology,<br />

Ministry of Customs and Trade,<br />

Ministry of Interior, Ministry of Finance,<br />

Ministry of Transport, Maritime<br />

Affairs and Communications,<br />

and other related public institutions<br />

and organizations to this system as<br />

necessitated by their authority and<br />

duties. The Ministry shall provide<br />

the requested information and documents<br />

to abovementioned public<br />

institutions and organizations as necessitated<br />

by their duties.<br />

WITH THE DRAFT, LICENCEES UNDERTAKING<br />

DISTRIBUTION AND INDEPENDENT DEALERS SHALL BE<br />

OBLIGED TO ENSURE THE MINISTRY’S ACCESS TO THE<br />

AUTOMATION SYSTEM THEY ESTABLISH IN THEIR LIQUID<br />

FUEL STATIONS.<br />

Database, software, hardware and<br />

automation infrastructure related<br />

to the functioning of petroleum and<br />

LPG markets by EMRA (Energy Market<br />

Regulatory Authority) shall be<br />

transferred to the Ministry within<br />

one month at the latest following the<br />

effective date of related regulations.<br />

NOTIFICATIONS TO THE MINISTRY<br />

According to the new draft, notification<br />

obligations shall be determined<br />

by the Ministry in order to collect<br />

information regarding market activities.<br />

Appointed Ministry personnel<br />

shall be authorized to access all<br />

kinds of papers, documents and commodities<br />

including books, to take

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