The inspections and preliminary investigations and investigations regarding the legal entities operating in the electricity market are carried out with the "Regulation on the Audits to be Made in the Electricity Market and the Procedures and Principles to be Followed in Preliminary Research and Investigations" issued by EMRA.
Audit
Audit is the determination of possible mistakes by examining the compliance of the activities, transactions, accounts and financial statements of the legal entities operating in the electricity market with the relevant legislation provisions and generally accepted accounting principles by EMRA.
The audited legal entity is obliged to submit to the inspection of EMRA the original and/or copies of any information, documents and books deemed necessary by EMRA personnel, their enterprises, facilities and investments, legal books, records and documents. In addition, this person is obliged to provide written and verbal information when requested, to sign the minutes, to provide timely access to all information, documents and records that the assigned EMRA personnel deem necessary, and to provide a suitable place for the personnel to work. Also, this person is obliged to make the accounts, transactions and financial statements and internal control systems suitable and ready for audit.
The audited legal entities cannot avoid giving information and documents by putting forward confidentiality and secrecy provisions.
In case of detection of contradiction in the audits carried out, action is taken within the framework of preliminary investigation and investigation and administrative fines may be imposed or the license may be canceled when necessary.
Preliminary Research
EMRA may decide to conduct a preliminary investigation in order to determine whether an investigation is required regarding the illegal activities and transactions of legal persons, either ex officio or upon the notices or complaints sent to it.
If it is decided to conduct preliminary research, preliminary research is carried out under the coordination of the Department Head by experts assigned by the EMRA Department Head. EMRA personnel assigned to conduct preliminary research are required to prepare a preliminary investigation report within thirty days at the latest from the date of their assignment.
In cases where preliminary investigation and / or investigation is deemed necessary or not deemed necessary, it may decide to provide written information to the notification or complainant.
As a result of the acceptance of the preliminary investigation, an investigation is opened.
Investigation
In the event that an investigation is decided to be initiated either directly or as a result of a preliminary investigation, the investigation is carried out under the coordination of the Department by experts assigned by the EMRA Department Head.
The investigation report must be completed within 6 months at the latest after the decision to open an investigation. If deemed necessary, an additional period of up to 3 months can be given for once.
In case of writing an investigation report, a 30 day period is given to the legal person about whom the investigation is made and a written defense is requested. In case the legal person requests additional time, an additional 15 day period is given. Defense not given within the time limit will not be taken into consideration. If a defense is given within the time limit, this is notified to the person who prepared the defense report. This person can reply within 15 days.
The Board examines the investigation file. In the event that a violation of the provisions of the relevant legislation is detected in the investigation report, administrative sanctions and penalties are applied to the legal person who was investigated.
If there are contradictions to the provisions of the relevant legislation determined in the audit reports issued as a result of the audits, it may be decided to evaluate the relevant audit report as an investigation report to the extent that there is no need for an additional investigation by EMRA.
EMRA initiates a direct investigation in cases where illegal activities and transactions of legal entities operating in the electricity market are so clear that there is no need for a preliminary investigation procedure and preparation of an investigation report. In this case, the relevant legal person is given an appropriate period of time, not less than 15 days, and a written defense is received. EMRA makes its decision by examining the written defense and the opinion of the EMRA Department on the issue. In the event that a violation of the provisions of the relevant legislation is detected in the investigation report, administrative sanctions and penalties are applied to the legal person who was investigated.
It is possible to apply to the competent administrative court against the Board decisions within 60 days from the notification of the decision. The competent administrative court is Ankara Administrative Courts.