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