January 6-19, 2025 Official Gazette

I am sharing a summary of the developments published in the Official Gazette over the last two weeks, between January 6 and January 19, 2025.

The Ministry of Health has published the Regulation on Amending the Regulation on Private Health Institutions Providing Outpatient Diagnosis and Treatment. According to the regulation, physicians within medical centers, polyclinics, and private practices will be able to provide aesthetic health services. The Ministry will provide additional physician staff to polyclinics that already have a physician staff. The license certificates of polyclinics previously licensed under different names will be renewed, and the old license certificates will be canceled. These procedures will be completed by 30/6/2025, and the licenses of polyclinics that do not renew their certificates will be canceled.

The Ministry of Health has published the Communiqué on Amending the Communiqué on the Procedures and Principles for the Implementation of Intensive Care Services in Inpatient Health Facilities. According to the communiqué, those whose physical infrastructure deficiency is documented by a commission report will be exempt from the regulation until 30/6/2025. Cardiovascular surgery intensive care units within active private health facilities will be brought into compliance with the communiqué by 30/6/2025. Personnel working in intensive care units that are newly opened or currently in operation who have not received intensive care training will be exempt until 30/6/2025. The intensive care units of hospitals that have previously received a license or are in the process of preliminary permission and licensing will be brought into compliance with the provisions of the communiqué by 30/6/2025.

The Ministry of Agriculture and Forestry has published the Regulation on Amending the Turkish Food Codex Regulation on Maximum Residue Limits of Pesticides. With the regulation, for pesticides for which a pesticide use termination date is specified in the annexes of the amended regulation, foods produced before the pesticide use termination date may remain on the market throughout their shelf life. Foods produced after the pesticide use termination date will be evaluated according to the LOD value, or if there is no LOD, according to the 0.01* mg/kg value. Compliance with the provisions amended by the regulation will be ensured within 3 (three) months. Foods produced previously may remain on the market throughout their shelf life. Additionally, Annex-1, Annex-2, Annex-3, Annex-4, and Annex-5 of the regulation have been amended.

Presidential Decree No. 177 on the Presidency of Cyber Security has been published. According to the Presidential Decree, the Presidency of Cyber Security has been established, affiliated with the Presidency, possessing public legal personality, having a special budget, and based in Ankara.

The Ministry of Health has published the Regulation on Ambulances and Emergency Health Vehicles and Ambulance Services. Accordingly, natural and legal persons other than public institutions and organizations and private health institutions will no longer be able to operate ambulances. Ambulances cannot be purchased by anyone other than those authorized to operate them. Intern students cannot be employed in place of the mandatory health personnel required in ambulances and areas where health services are provided. In ambulance services, a consultant physician will be kept at the call center throughout the service period. In ambulances, the camera device package, mobile device package, and vehicle tracking devices will be kept in working and trackable condition throughout the service period.

The Ministry of Treasury and Finance (Revenue Administration) has published the Communiqué on Amending the Tax Procedure Law General Communiqué (Serial No: 452) (Serial No: 579). For every purchase and sale transaction of Electronic Product Certificates, the Electronic Product Certificate Purchase and Sale Document and the Electronic Product Certificate Transaction Result Document have been included in the scope of documents that are mandatory to be issued in accordance with the Tax Procedure Law. An obligation has been imposed on those who issue these to provide information and to send them to the Ministry of Treasury and Finance Revenue Administration Information Transfer System.

A public announcement was published by the Personal Data Protection Authority on 13.01.2025 regarding the fulfillment of the disclosure obligation within the scope of mediation activities. Accordingly, it was stated that mediators have the status of data controller in terms of the implementation of the KVKK (Law on the Protection of Personal Data) No. 6698 and are subject to the obligations of the data controller, and that the disclosure obligation must be fulfilled by providing information separately to the relevant persons within the scope of the KVKK.

The Capital Markets Board has published the Communiqué on Amending the Communiqué on the Principles Regarding Licensing and Keeping Records for Those Operating in the Capital Markets (VII-128.7) (VII-128.7.G).

With the Council of State Board of Presidents Decision No. 2024/3 D. İş Basis and 2024/3 D. İş Decision, the decision dated 07.04.1982 was repealed, and the priorities to be followed in concluding cases in the Council of State Administrative and Tax Litigation Chambers according to their subjects were reorganized.

The scope of the operating licenses of D Ödeme Elektronik Para ve Ödeme Hizmetleri A.Ş. and Türk Elektronik Para A.Ş. has been expanded by the Central Bank of the Republic of Turkey.

The regulation put into effect by the Council of Ministers Decision No. 2002/3975 was amended by Presidential Decision No. 9401, and the Regulation on Amending the General Regulation on Examinations for Those to be Appointed to Public Offices for the First Time was published. Teachers employed in the Ministry of National Education were included in this scope, but its implementation was postponed to 01.09.2025, and it was decided to apply the previous regulation until this date.

The Ministry of Environment, Urbanization and Climate Change has published the Regulation on the Management of Industrial Emissions. A green transformation certificate in industry has been made mandatory for the completion of the environmental permit and license process in facilities.

The Ministry of Agriculture and Forestry has published the Regulation on Amending the Regulation on the Procedures and Principles Regarding the Receipt of Collateral from Those Engaged in the Production and/or Trade of Tobacco, Tobacco Products, Macarons, Leaf Cigarette Paper, Cigarette Filters, Alcohol and Alcoholic Beverages. The amount of collateral to be paid by firms operating in the sector has been increased.

The Energy Market Regulatory Authority has published the Regulation on Amending the Electricity Market Consumer Services Regulation. Bilateral agreements can be made between suppliers and free consumers with an annual consumption of less than 100,000 kWh.

A decision regarding the Establishment of Administrative and Tax Courts and the Determination of Judicial Districts has been published by the Ministry of Justice. Accordingly, it was decided to establish a tax court in Ağrı and connect Ağrı and Iğdır to these courts, to establish administrative courts in Niğde, Tunceli, and Yalova, and to establish administrative and tax courts in Şırnak.

Presidential Decision No. 9407 on the Decision Regarding the Provision of Coal Aid for Heating Purposes to Households in Need was published.

The Ministry of Justice has published the Regulation on Amending the Regulation on the Entrance Examination for Legal Professions and the Preliminary Examination for Administrative Judiciary. The regulation regarding the amendment of the Regulation on the Entrance Examination for Legal Professions and the Preliminary Examination for Administrative Judiciary was published in the Official Gazette. While the number of questions in the exams was increased from 100 to 120, the distribution of questions according to fields was also reorganized.

The Ministry of Trade has published the Regulation on Amending the Customs Regulation. The criteria required for the approved person status were reorganized, and a requirement to be an exporter was introduced. A condition was introduced to have a minimum of $2,000,000 in exports or a total of $7,000,000 in imports and exports, with a minimum of $1,000,000 in exports, and to meet this condition for both of the past 2 years. (Previously, it was sufficient to meet it in one of the 2 years.) New paragraphs regarding procedures to be followed in cases involving countries that are not members of the World Trade Organization were added to Article 38, titled "Cases where a certificate of origin is required." In case of a change in the HS code (GTİP), the certificate of origin can be submitted within 6 months. For products and active ingredients subject to the permission of the Turkish Medicines and Medical Devices Agency to be placed in a bonded warehouse, the permission document obtained from the Turkish Medicines and Medical Devices Agency will be required.

The Ministry of Treasury and Finance (Revenue Administration) has published the Communiqué on Amending the Special Consumption Tax (II) List Implementation General Communiqué (Serial No: 14). As an exception to the special consumption tax applied to vehicles for the disabled, the domestic production ratio in sales made to disabled citizens has been increased to 40 percent. In addition, the holding period for vehicles purchased within this scope has been increased from 5 years to 10 years.

The Ministry of National Education has published the Regulation on the Employment of Contracted Teachers by the MEB. Candidates who will be employed as contracted teachers in official educational institutions affiliated with the MEB after September 1, 2025, will be taken into preparatory training at the National Education Academy. Those who successfully complete the preparatory training will be employed as contracted teachers, provided that they meet the conditions specified in Law No. 7528, and candidates will be given the right to choose twice. In the employment of contracted teachers to be made until September 1, 2025, the provisions of the repealed "Regulation on the Employment of Contracted Teachers" will be applied.

The Ministry of Agriculture and Forestry has published the Communiqué on the Procedures and Principles Regarding the Opening of Warehouses Domestically by Ethyl Alcohol and Methanol Producer and Importer Firms (Communiqué No: 2024/25). Accordingly, producer firms that want to perform intermediate storage of ethyl alcohol and firms that want to perform intermediate storage before the delivery of ethyl alcohol or methanol, which has completed customs procedures and has been nationalized, to user firms will be required to obtain permission from the Ministry of Agriculture and Forestry to open a warehouse.

A decision was published regarding the Approval of the Marmara Basin Flood Management Plan with Presidential Decision No. 9419 and the Approval of the Sakarya Basin River Basin Management Plan with Presidential Decision No. 9420.

Presidential Decision No. 9436 on the Decision Regarding the Utilization of Treasury Interest-Supported Investment and Operating Loans by Tradesmen and Craftsmen by Türkiye Halk Bankası Anonim Şirketi was published. A 50 percent interest discount, valid from January 1, 2025, to December 31, 2027, will be applied to loans to be extended directly to tradesmen and craftsmen by the bank, with or without the guarantee of Tradesmen and Craftsmen Credit and Bail Cooperatives (ESKKK) that are partners to regional unions affiliated with the Central Union of Tradesmen and Craftsmen Credit and Bail Cooperatives of Turkey (TESKOMB).

The Public Oversight, Accounting and Auditing Standards Authority has published the Sustainability Audit Regulation. Accordingly, a sustainability audit will be conducted for businesses. The audit will be carried out by audit firms within the framework of their authorizations. It will be mandatory for the auditors who will take part in this matter to be authorized in the necessary fields to be able to undertake the independent audit activity of the business.