Law on monitoring and overseeing state subsidies
Official Gazette dated 23 October 2010 and numbered 27738 KANUN Law on monitoring and overseeing state subsidies Law No. 6015 Admission Date: 13/10/2010 Purpose and scope Article 1 – (1) The purpose of this Law is to determine the procedures and principles for monitoring and auditing the support by determining the principles and principles to ensure that state support is regulated in accordance with the agreements between Turkey and the European Union and notified to the relevant authorities. (2) The provisions of this Act do not cover state subsidies in the agriculture, fishing and service sectors. Definitions Article 2 – (1) In the application of this Act; a) Minister: Minister to whom the Undersecretariat of the Treasury is bound, b) State support: any financial benefit provided in any way directly by the public or through public resources to the extent that it affects trade between Turkey and the European Union, which threatens to disrupt or disrupt competition by granting privileges to certain undertakings or the production of certain products; c) The concerned party: the real or legal person, institution, enterprise, union or professional organizations affected by the use of state support, ç) State support that is not in accordance with the law: the state supports that are enacted in accordance with the provisions of this Law, d) Board: Monitoring and supervising the State Support Board, e) Individual support: Government support that is not covered by a support program, f) Undersecretariat: Undersecretariat of Treasury, g) Initiation: real or legal persons who produce, market or sell goods in the market, ğ) Support program: Regulations that include generally defined terms and qualifications for granting state support, h) receiving support: real or legal persons receiving state support, i) Supporting institutions and organizations using public resources, i) Abuse of support: the use of state support against the purposes and conditions set out in the relevant legislation; It means. Proper state support Article 3 – (1) State subsidies listed below shall be deemed appropriate state support under this Act: a) Socially qualified support given to the individual consumer without discrimination regarding the origin of products or services. b) Supports that is intended to address the damage caused by natural disasters or extraordinary events and does not exceed the material size of the damage. (2) The following state grants are state grants that are deemed appropriate under this Act, and their scope and rules are determined by the Board: a) Support for economic development in areas where the standard of living is extremely low or the unemployment rate is very high according to the level of the European Union. b) Supports aimed at ensuring that structural compliance requirements between Turkey and the European Union are met. c) Support to ensure the development of certain economic activities or specific regions, provided that trade conditions between Turkey and the European Union do not adversely affect to the extent that they are contrary to common interests. ç) Supports the protection of cultural heritage and natural assets, provided that they do not adversely affect the conditions of trade between Turkey and the European Union to the extent that they are contrary to common interests. d) Support to ensure that an important project serving the common interests of Turkey and the European Union takes place. e) Supports to address serious problems arising in the Turkish economy. f) Other support set by the Turkey-European Union Association Council. (3) The procedures and principles for granting group exemption to certain types of state grants and providing an undertaking with a state support that does not exceed a certain amount in a given period and does not significantly disrupt competition are determined by the regulations enacted in relation to the application of this Act to the Board as appropriate state support under this Act and no notification is required. (4) General qualified economic and financial measures applied to all undertakings without distinction do not count as state support. (5) State support cannot be granted except in cases permitted by this Act. Board Article 4 – (1) The State Board of Monitoring and Supervision of Support was established to carry out the duties given by this Act and other laws. (2) The Board; The Ministry of Finance, Ministry of Industry and Trade, Undersecretariat of State Planning Agency, Undersecretariat of Treasury, Undersecretariat of Foreign Trade and the Competition Authority consists of six members representing these institutions, one member, and the General Manager of State Support. The General Manager of State Support heads the board. In the event of the termination of the office of the General Manager of State Supports, the Chairmanship and membership of the Board shall cease. (3) Board members are appointed by joint decree. Candidates to be appointed as board members must have graduated from the departments of higher education institutions that provide at least four years of education, and have served at least ten years of public service, including at least five years in matters under this Act. (4) The term of office of the members of the Board is four years, except for the Chairman of the Board. The member who has expired may be reassigned. (5) For any reason, the new member shall be appointed in the same manner to complete the remaining term, replacing the member who has terminated his/her position at his/her institution before the end of his/her term of office or has voluntarily left. (6) The Board elects one of the members as the Second President by the proposal of the President. The second President shall delegate to the President on leave, illness, domestic and international assignment, dismissal and other occasions in which he is not in office. (7) The Board meets at least once a month with at least four of the other members present under the chairmanship of the President or, where not available, the President. Board decisions are made by a mere majority of the number of members attending the meeting. In the event of an equal vote, the President's vote is considered to have been decided. Membership of the member who does not attend three meetings in a row without an excuse falls on its own. (8) The President and members of the Board shall be paid a monthly rest fee for the chairman and members of the board of directors in public economic enterprises by the decision of the High Planning Board according to the amount determined each year and the procedures and principles set out in the said decision. Board membership does not require insurance for social insurance or general health insurance under the Social Insurance and General Health Insurance Act No. 5510 of 31/5/2006. Payments to the Chairman and members of the Board shall not be included in the principal earnings on the insurance premium. The fees of the board members are determined at the level of the general manager in charge of the Undersecretariat. (9) Board members may not attend and vote on meetings about themselves, their spouses and blood and kinsmen to the third degree. Other Board members, except for the President, may not vote in decisions on state subsidies prepared by their own organization. (10) The members of the Board and other officials may not disclose the confidential information they have acquired under the execution of this Act, even if they have departed from their duties, nor may they use it in the interests of themselves and others, or in the detriment of others. (11) The Board is independent in its decisions, and the decisions taken by the Board are final. (12) The secretariat services of the board are carried out by the General Directorate of State Support. (13) The Board's expenditures shall be borne from the allowance put in the Undersecretary's budget for this purpose. Duties and powers of the Board Article 5 – (1) The Board carries out the following tasks: a) To determine the principles and principles of state support in accordance with the agreements between Turkey and the European Union and to prepare legislation on them. b) To examine, monitor and supervise the suitability of state subsidies. c) To provide the necessary notifications to the European Commission and the relevant authorities by providing the results of the application from those who support it. (2) Supporters and other interested parties are obliged to provide any information and documents that the Board will need, even if they are confidential. Information or documents that contain confidentiality are used only for the purpose of evaluating issues covered by this Act. It is essential that the Board complies with the principles of privacy for third parties, except as required by law. Board decisions Article 6 – (1) The Board shall take the necessary administrative and legal measures if the decisions it makes under this Act are not followed or the desired measures are not taken. (2) In respect of the application of this Act, cases against the decisions of the Board shall be seen in the Council as a first-degree court. The Council considers applications against Board decisions to be of hasty work. (3) The procedures and principles for publishing the decisions taken by the Board under this Law are determined by regulation. Application and review of government grants Article 7 – (1) The sponsor is obliged to take the appropriate opinion of the Board by first reporting the draft legislation prepared in relation to state support to the Board. (2) Pre-assessment is initiated by the Board after the draft of the legislation is submitted. If additional information and documents are needed for preliminary evaluation, this information and documents are requested from the sponsor. The application is not taken into consideration until the information and documents requested by the Board are completed. (3) The Board shall, under this Act, provide the state support provided for in the draft legislation, which has been notified from the completion of all deficiencies; a) there is no state support, b) that there is appropriate state support, c) If it detects evidence that there is no proper state support, it will begin a review, He decides. The board decision is notified to the supporter. (4) In the event of a review pursuant to subparagraph (c) of the third paragraph, the Board shall notify the respondent of its preliminary assessment of the nature of state support, its determination of the actual and legal aspects of the matter, and its opinions on its effects on competition. The Board may receive opinion from other interested parties to make assessments of the review. These views are also communicated to the giver of support, provided that the identity of the giver of opinion is kept confidential if requested. The giver of support shall inform the Board of their opinions or objections regarding the matters communicated to them. Decisions are made after the process of obtaining all information, documents and opinions from the sponsor and other interested parties is completed. (5) As a result of the review, the Board shall, under this Act, provide the state support provided for in the draft legislation on the subject of the review; a) that there is appropriate state support, b) there is no proper state support, c) that if certain arrangements are made by the sponsor, it will become appropriate state support or lose the ability to be state support, ç) to be enforced on a conditional basis, He can decide. (6) Upon receipt of one of these decisions, the review is terminated and the decision is notified to the giver of the support. The person who provides the support is obliged to take action in accordance with the Board decision. Withdrawal of application Article 8 – (1) The sponsor may withdraw his application under Article 7 before a decision is made by the Board under the same article. Preliminary evaluation or review of the withdrawn application is terminated. Revocation of the decision Article 9 – (1) If the Board determines a decision it has made pursuant to Article 7, as a result of the assessment it will make based on a resen or a complaint or a report, it will also take back its previous decision and initiate a new review. It is obliged to submit the necessary information to the Board that provides the support. If the sponsor fails to provide the information requested by the Board, the decision is made based on the information available. The review is concluded by a new decision under the provisions of Article 7. The person who gives the support is obliged to fulfill the requirement of this decision. Revocation of non-lawful state support and support Article 10 – (1) The Board may initiate a review under Article 7 in relation to a state support that is not in accordance with the law or is suspected of being in compliance with the law, by also providing information to the grantor of the support. It is obliged to submit the necessary information to the Board that provides the support. (2) The Board, together with the decision to initiate review, may also decide to halt the support suspected of compliance with the law until a final decision is reached. Following notification by the Board to the giver of the decision to stop the support suspected of compliance with the law, the giver of the support must stop the proceedings on the issue. (3) If the Board decides that the support is not appropriate, it will require the sponsor to implement all measures to recover the support. The giver of support is obliged to perform the revocation. (4) The interest rate based on the rebate of state support is determined by the weighted average of the interest rates of discounted state domestic debt securities in Turkish Lira issued by the Undersecretariat in the period leading up to the date of the decision to rebate from the date of actual benefit from the support. The giver of the support must initiate the procedures for retrieval of the support within a month at the latest. (5) The administration that provides the support is authorized to make payment agreements that include that the support can be paid in installments. However, those under the general budget from the public administrations that provide the support cannot make a payment agreement after they have notified the tax offices to recover the support. The interest rate to be applied for each installment period in installment payments is determined on the basis of the interest rates of discounted state domestic debt securities in Turkish Lira, the last issued by the Undersecretariat for each payment period. If the rebate cannot be carried out; the interest amounts to be calculated according to the principal and fourth paragraph of each support shall be paid from the date of the notification of the rebate decision; if the interest rate for the rebate is determined in the relevant legislation, at this rate, a monthly payment shall be given to enforce the delay increase set out in accordance with Article 51 of the Act on the Collection Procedure of Amme Receivables dated 21/7/1953 and numbered 6183 if it is not determined. Delay increase is calculated according to Article 51 of the same Law for the period from the last day of the payment period (excluding this date) to the date of collection according to the provisions of Law 6183. Supports and their members who are not paid during this period, if given by public administrations under the general budget, are provided by the tax offices under the Ministry of Finance under the provisions of the Law No. 6183; if given by other institutions and organizations, by those who follow and collect their receivables according to the Law No. 6183, and by those who follow and collect their receivables according to the general provisions of the Law No. 9/6/1932 and 2004 of the Enforcement and Bankrupt. According to them, it is followed and collected by them. (6) The procedures and principles for the implementation of this Article shall be determined by the regulation enacted by the Ministry of Finance upon receipt of its opinion. Timeout in retrieving support Article 11 – (1) Revocation of non-lawful state subsidies is subject to a ten-year statute of limitations from the date on which the support is actually granted. However, the Board's pre-assessment and start review or stop support will stop the statute of limitations. The maximum period granted for the examination that caused the statute of limitations to stop is six months. Abuse of state support Article 12 – (1) If information is obtained that state support has been misused by the recipient, the Board asks the sponsor to determine the situation, take all necessary measures specified in its respective legislation, and inform the Board. Annual report Article 13 – (1) Supporters shall notify the Board within three months at the latest from the end of the year, within the framework of the procedures and principles determined by the Board, the application information for any state support they provide during the year. The annual report prepared within the framework of this information is approved by the Board and communicated to the relevant authorities by the end of June. This report is also submitted to the Planning and Budget Commission of the Grand National Assembly of Turkey. The Minister shall inform the Plan and Budget Commission at least once a year on state subsidies applied in sectors that are or are not covered by this report. Regulation Article 14 – (1) The deadlines for procedures and procedures to be taken with respect to the implementation of this Law are determined by the regulations issued by the Board with the approval of the Minister. Article 15 – (1) The phrase "eight, consisting of the General Directorates of Economic Research and nine, consisting of the General Directorates of Economic Research and the General Directorates of State Support" in Article 1 of the Law on the Organization and Duties of the Undersecretary of Treasury dated 9/12/1994 and the Undersecretary of Foreign Trade numbered 4059 has been amended. Article 16 – (1) The following clause has been added to Article 2 of the Act No. 4059. "(i) the duties of the General Directorate of State Support; Conducting the secretariat services of the State Support Monitoring and Supervision Board, following the relevant legislation of the European Union and other relevant international legislation, conducting research and studies to determine the principles and principles of state support, preparing legislation to be submitted to the Board, monitoring, evaluating state support and submitting it to the Board's supervision, pre-assessment and review procedures based on the Board's decision, as well as the Board decisions on stopping and retrieving state support. Conducting and following procedures for other decisions of the Board, providing all kinds of information and documents relating to state support directly from public institutions and organizations and from real and legal persons, carrying out annual report preparations based on information provided by the state-sponsored organizations, and submitting them to the Board, communicating the annual report found appropriate by the Board to the European Commission and other authorities to be deemed necessary, contacting international organizations and other countries, and To participate in the negotiations, to give an opinion on institutional and legal regulations, to provide information and documents on all kinds of government supports implemented in sectors not covered by the Law on Monitoring and Auditing of State Support from real and legal persons with public institutions and organizations and to perform other duties to be given by the Undersecretary." Article 17 – (1) The staffs listed in the attached (1) list were introduced and added to the section of the Treasury Undersecretary of the Ruler (I) of General Staff dated 13/12/1983 and numbered 190. Implementation of regulations Temporary Article 1 – (1) Regulations on the notification, monitoring and supervision of state subsidies shall be issued within nine months at the latest following the formation of the Board. Renewal of first appointed members to the Board Temporary Article 2 – (1) To be reserved for those who are appointed to the Board memberships for the first time and to be determined by lot, two of the Board members are renewed at the end of the second year; two of the remaining are renewed at the end of the third year. Appointments in the following periods are made as the term of office expires. Current state subsidies Temporary Article 3 – (1) The legislation on state subsidies, which is being implemented on the date of entry into force of the regulations enacted under Article 1 of the Temporary, shall be notified to the Board by the sponsor within three months from the date of entry into force of the regulations. (2) Following the application of the sponsor, the Board completes its preliminary assessment within sixty working days. In the event of determination of the findings that the support is not in accordance with the law as a result of the evaluation, the Board may ask the sponsor to cease the process of providing state support until a final decision is made, and this is reported to the giver of state support within five working days. In the event that the board decides to cease the process of granting state support, the giver cannot extend the scope and duration of the state support it is applying from the date that this issue has been transferred to it, and cannot process new applications. The sponsor shall inform the Board of their opinion on the matter within ten working days from the date of the transfer to him. If requested by the sponsor, ten additional working days may be granted by the Board, if deemed necessary. (3) The Board shall take its final decision on support in accordance with all the information obtained within thirty working days and shall communicate it to the giver within five working days. If the Board decides that the support is not in accordance with the law, it will ask the sponsor to make the necessary changes. (4) As of the date of the entry into force of the regulations issued pursuant to Article 1 of the Temporary, those granted based on the applications made after the date of the entry into force of the said regulations shall be returned within the provisions set out in Article 10, which have become non-legal support or have been decided by the Board to be unsuitable. Without changing the scope and duration; with the support given based on the applications prior to the entry into force of the regulations issued pursuant to Article 1 provisionally, the revocation shall not be carried out for the support given based on the applications prior to the decision to cease pursuant to the second paragraph of this article. Preparation of the first annual report Temporary Article 4 – (1) The first annual report is prepared in accordance with the procedures and principles set out in Article 13 for the year following the entry into force of regulations on the notification, monitoring and supervision of state subsidies. The first annual report covers the application information for the year in question and the period that covers the following year. Some investments are considered complete Temporary Article 5 – (1) from investment incentive documents issued before 31/12/2001 and whose investment period has expired; those cancelled before the date of the entry into force of this Act, those for investments made under the Yap-Operating-Transfer model, and those that contain the Resource Use Support Prim, are deemed to have been completed in the manner that they have been performed without any transaction. In these documents, the export commitment is not sought. Then, in the event of the discovery or determination of a situation that would require the partial or complete cancellation of the incentive document, the Undersecretariat of the Treasury shall perform the necessary procedures under the relevant legislation. Effectiveness Article 18 – (1) This Act takes effect on the date of its publication. Executive Article 19 – (1) The Council of Ministers shall carry out the provisions of this Act. 22/10/2010 (1) No. list COURT : HAZINE PRESENTATION INVESTIGATION : CENTRE the Order of the Orders TUTULU SERBEST KADRO Class title rating number of staff total GİH State Supports General Manager 1 1 – 1 Deputy Director General of the IGD 1 3 – 3 Head of the IGD Department 1 9 – 9 GİH Treasury Specialist 1 12 – 12 GİH Treasury Specialist 2 5 – 5 GİH Treasury Specialist 3 5 – 5 IH Treasury Assistant Specialist 7 3 – 3 IH Treasury Assistant Specialist 8 3 – 3 Assistant Treasury Specialist 9 4 – 4 TOTAL 45 45 |
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