NEWSLETTER-2021

259 ENERGY LAW Road to Energy Efficiency in Public Buildings: Communiqué on the Implementation of Energy Performance Contracts* Ecem Süsoy Uygun Introduction In Turkey, significant steps have been taken recently to increase energy efficiency, to reduce energy costs, and to protect the environment. One of these steps is to increase energy efficiency by saving energy used in public buildings. Various regulations have come into force regarding public administrations, as well as other public institutions and organizations (“Administration”) to form energy performance contracts (“EPC”) with contractor companies in order to reduce their energy consumption or energy costs. The general framework for the EPC, whose foundations are laid out in Energy Efficiency Law Numbered 5627 (“Law”), was established with the Resolution of the President on the Procedures and Principles Regarding the Energy Performance Contracts in Public Administrations (“Resolution”). Subsequently, the Communiqué on the Implementation of Energy Performance Contracts in the Public (“Communiqué”) was issued based on the relevant Resolution. With this Communiqué, which entered into force after being published in the Official Gazette dated 15.04.2021 and numbered 31455, another secondary legislation was introduced for EPCs. The main issues regulated in the Communiqué are briefly discussed in this Newsletter. The Purpose of the Communiqué: Details for the Implementation of EPCs are Regulated An EPC is defined in the Law, Resolution and Communiqué as a contract based on the guarantee of the energy savings to be achieved following the implementation project, and the payment of expenditures * Article of April, 2021

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