The Regulation Amending the Regulation on Technical Assessment of Applications for Biomass-Based Electricity Generation Facilities been published in the Official Gazette and entered into force.

Biomass-based electricity generation facilities operate within a regulatory framework where the diversity of available feedstock and the technical adequacy of supply chains are central to project development. Accordingly, any amendment to the technical assessment criteria directly influences investors’ application strategies and the administrative control mechanisms of the competent authorities.

The Regulation Amending the Regulation on Technical Assessment of Applications for Biomass-Based Electricity Generation Facilities, published in the Official Gazette No. 33102 dated 09 December 2025 (“Amending Regulation”), introduces several notable revisions. These include, in particular, the incorporation of the concept of “auxiliary source,” the revision of declarations concerning Biomass Source Areas (“BKA”) and Biomass Source Suppliers (“BKT”), and a restructuring of the technical assessment process into a more traceable and structured framework.

This analysis examines the amendments article by article, focusing on the potential implications for applicants, the coordination mechanisms between EMRA and the network operator, and circumstances requiring Ministry-level opinions.

Article m.3/1 – Addition of the Definition of “Auxiliary Source”

A new subparagraph (ö) is added, defining auxiliary source as follows:

Auxiliary Source: Refers to any source or sources other than the primary source declared in the preliminary license or license application for multi-source electricity generation facilities, provided that such additional source(s) are not of the same type as the primary source.

Article m.4 – Technical Assessment of Applications

m.4/1

For the submission of applications and amendment applications for the establishment of electricity generation facilities based on biomass resources, as well as applications in which biomass constitutes the auxiliary source, all documents listed in Annex-1 and Annex-2 (Annex-2 has been newly introduced) must be fully completed; and for pre-license or generation license applications, the documents shall be reviewed by EMRA, whereas for applications falling within the scope of the Regulation on Unlicensed Electricity Generation (LÜY), the documents shall be reviewed by the relevant network operators, and thereafter forwarded to the General Directorate.

The provision previously stating that “The technical evaluation of applicants shall be carried out based on the General Directorate’s document registration date and number” has been repealed.

m.4/2

Under the amendment, if the conditions specified under subparagraphs (a), (b), (c) and (ç) are met, the information and documents submitted to the General Directorate will not undergo technical assessment. Instead, EMRA or the network operator will be notified accordingly.

(a) Information and documents submitted to the General Directorate are incomplete, incorrect, and/or contradictory.

(b) Relevant Ministries determine that the biomass sources or declared supply quantities from BKA and/or BKT are insufficient.

(c) The provision stating that “the biomass sources and supply quantities declared to be procured from BKA and/or BKT that are already being used by BES facilities that obtained a preliminary license or generation license prior to the effective date of this Regulation, or by BES facilities that have received a connection call letter under the unlicensed electricity generation framework” has been repealed.

(ç) If the installed electrical capacity declared in the application does not fall within ±15% of the capacity calculated under the formula set out in Annex-2.

m.4/3

For applications whose technical evaluation is deemed appropriate, the letter of conformity issued shall be sent by the General Directorate, as applicable, to EMRA or to the relevant network operator.

Following the amendment, the requirement to enclose the BKA and BKT information pertaining to applications made and deemed appropriate within the scope of the Regulation on Unlicensed Electricity Generation with the invitation letter to execute the connection agreement has been repealed.

m.4/4

For auxiliary-source applications made by biomass energy plants (“BES”) operating with a preliminary license or license prior to the effective date of the Amending Regulation, applicants must submit all documents listed in the Annexes to the General Directorate. Technical assessment will not proceed unless these documents are provided.

m.4/5

The provision requiring the General Directorate to be notified if the biomass source, declared to be used by BES facilities, that has been found not to have been received, has been repealed.  

m.4/6

The provision stipulating that a renewed technical assessment shall be carried out if a request is made to modify any of the information contained in Annex-1 has been repealed.

m.4/7

The decisions taken by EMRA or relevant network operator regarding the application, following the communication made upon approval by the General Directorate, shall be notified to the General Directorate by EMRA or the relevant network operator.

m.4/8

Matters related to the technical assessment of applications for the establishment of biomass-based electricity generation facilities shall, where necessary, be determined in accordance with the procedures and principles established by the General Directorate and announced on the official website of the Ministry.

m.4/9

A new paragraph allows the General Directorate to request any additional information or documents needed to finalize the technical assessment.

m.4/10

Applicants must provide the type of biomass to be used, annual biomass consumption, and BKA/BKT information in a letter to be reviewed by the relevant Ministries. The written opinion received shall be assessed by the General Directorate within the scope of the technical evaluation.

Temporary Article 1

The Temporary Article 1 titled “Notification of BES facilities that have been granted a preliminary license or generation license or have received a connection call letter under the unlicensed electricity generation framework” has been repealed. Accordingly:

For BES facilities that obtained a preliminary license or a generation license prior to the effective date of the Regulation, as well as for applications for Multi-Source Electricity Generation Facilities in which biomass is declared as the auxiliary source, and for BES facilities that have received a connection call letter under the Regulation on Unlicensed Electricity Generation, the requirement to submit the information and documents listed in Annex-1 to the General Directorate within ninety days following notification to the relevant party has been repealed.

The provision stipulating that no new technical assessment shall be carried out for such BES facilities unless the relevant information and documents have been submitted to the General Directorate has also been repealed.

Annex-1 Amendments

The provision requiring EMRA or the network operator to generate a unique “Facility Code” for each plant and notify the General Directorate has been repealed.

Site information previously requiring “shape/kmz” formats has been replaced with kmz/kml formats. Information regarding multi-source electricity generation facilities, shared-use areas, jointly used fields and other relevant information must now be clearly provided in these updated formats.

m.3

A new paragraph has been added requiring applicants to submit a letter declaring the type of biomass to be used, the annual consumption amount, and the BKA/BKT information. This letter will be reviewed by the relevant Ministries as part of the assessment process.

m.4

No amendments have been made to the forms under the heading Biomass Source Areas and Biomass Source Supplier Information. The subparagraph in the BKT information table under article m.4/2, which required the preparation of separate BKA and BKT tables for applications concerning BES facilities employing multiple biomass technologies and the submission of these tables in Excel format as part of the application file, has remained in force, while the other three provisions have been repealed.

m.5 – Special Provisions

m.5/1

For applications involving municipal waste, the submission of a valid contract is sufficient, and such waste will be considered a BKT source. No additional Ministry opinion is required.

m.5/2

For applications involving forest residues, submission of tender documents or contracts issued by the General Directorate of Forestry is sufficient, and such residues will be considered a BKT source without additional Ministry opinion.

m.5/3

For applications involving end-of-life tires (“ÖTL”), tender documents or contracts executed with Association of Tire Manufacturers (“LASDER”) are deemed sufficient. End-of-life tires will be considered a BKT source, and no Ministry opinion will be required.

Annex-2 Amendments

No changes have been made to Annex-2, which sets out the Installed Capacity Calculation Methods.

By Way of Conclusion

The Amending Regulation updates the long-standing technical assessment framework applicable to biomass-based electricity generation applications and shifts it toward a more streamlined, coherent, and data-driven structure. Important revisions include the introduction of the auxiliary source definition, updated BKA/BKT declaration requirements, adjustments regarding deficiencies in documentation, the repeal of Temporary Article 1, and simplification of Annex-1 formats.

These amendments may enhance predictability in application processes by limiting circumstances requiring Ministry opinions. They may also facilitate faster technical assessment outcomes through better coordination among EMRA, the network operator, and the General Directorate. At the same time, applicants face more explicit obligations regarding biomass type, quantity, and supply-chain documentation.

Ultimately, the revised framework calls for careful planning, accurate source declarations, and comprehensive technical documentation, both for existing facilities undergoing compliance adjustments and for newly submitted applications. From our perspective at Kesikli Law Firm, applicants are advised to take due account of both technical and legal requirements throughout the application process, with a view to ensuring full alignment with the updated regulatory structure.

@Zeynep EMİROĞLU