263 ENERGY LAW The contractor must provide at least 70% of the savings guarantee committed over the total of all implementation areas at the end of each 12-months period in which the monitoring period begins. If the approved savings amount is less than this rate, no payment will be made to the contractor, and the contractor will make the necessary improvements, including revisions to the project, provided that it does not impose a financial burden on the Administration. In the event that the contractor removes the deficiencies in the savings performance, and the amount of approved savings in the next period is realized above 70% of the savings guarantee, the payments that have not been made in the previous period or periods shall be made from the approved savings amount in the relevant period. During the monitoring period, in the event that the amount of approved savings for consecutive 12-months periods remains less than 70% of the savings guarantee for three periods, the EPC shall be terminated by the Administration, and the guarantee shall be recorded as revenue. In this case, the contractor cannot make a claim from the Administration for damages, loss or the like, due to termination. Conclusion The Communiqué, which regulates technical and legal issues regarding EPC implementation in the public sector, in detail, and its Annexes that include the EPC draft, specification draft, survey report and savings verification report formats, and which are considered as the basis in tenders, are expected to provide easier implementation with legal certainty. Obviously, it is always possible to introduce new regulations or changes to the secondary legislation regarding the practice of EPCs. Regulations and studies show that EPC implementations will become widespread in order to increase energy efficiency and decrease energy consumption/expenses in the public sector. Considering the energy efficiency targets of the Ministry, it seems that the latter will focus on energy efficiency projects in the public sector in the upcoming periods. Considering the Public Buildings Energy Efficiency Project in Turkey,2 which is planned to be carried out for energy savings in public buildings utilizing the EPC method, it is evaluated that the public bodies would aim to play a leading role in energy efficiency. 2 https://kamuenerji.csb.gov.tr/proje-hakkinda-genel-bilgi-i-96445 (Access date: 21.04.2021).
RkJQdWJsaXNoZXIy MjUzNjE=