Regulatory Regime Of Electric Vehicle Charging Stations From The Perspective Of Turkish Energy Law And Sustainability, 2026 Reforms And International Comparison

1. Introduction and Sustainability Vision

In the global fight against climate change, the decarbonization of the transportation sector is of vital importance. In line with the goals of reducing dependence on fossil fuels and lowering greenhouse gas emissions, the automotive industry worldwide is undergoing a profound structural transformation. Following Turkey’s ratification of the Paris Agreement and its subsequent declaration of the "2053 Net Zero Emission" target, the transition from internal combustion engine vehicles to electric vehicles has become a national policy.

The most critical pillar of this macro transformation is the establishment of a widespread, accessible, uninterrupted, and legally secure charging station infrastructure. The proliferation of electric vehicles is directly correlated with the speed and accessibility of the charging infrastructure. Therefore, charging stations are not merely technical infrastructure components; they are strategic legal-economic nodes at the center of smart grids, renewable energy sources, and sustainable cities. This reality necessitates evaluating the subject within a multidisciplinary framework encompassing energy law, environmental law, and competition law.

2. Legal Nature of Charging Services in Energy Law

The fundamental legal framework regarding electric vehicle charging stations in Turkish energy law has been shaped by additional articles appended to the Electricity Market Law No. 6446 and the Charging Service Regulation (“Regulation”) put into effect by the Energy Market Regulatory Authority (EPDK). Although whether the transaction carried out at charging stations constitutes an "electricity sale" or a "service provision" caused debates in legal doctrine during the initial periods of the sector, positive law has explicitly defined this activity as a "provision of charging services."

The recent regulations in 2026 have confirmed this matter beyond any doubt; the legislation explicitly stipulates that the charging service does not constitute an electricity supply activity. This distinction holds immense legal significance. Charging network operators are not licensed like electricity supply or distribution companies; instead, they are authorized via a unique "Charging Network Operator License." Consequently, the transaction offered to consumers is not a direct sale of electricity bound by electricity market tariffs, but a hybrid service contract that encompasses electricity energy transmission, station comfort, software infrastructure, and charging speed. This grants the sector flexibility in terms of preserving free market dynamics and competition.

3. The Regulation Amendments of March 23, 2026, and Accompanying Reforms

The "Regulation Amending the Charging Service Regulation" published by EPDK in the Official Gazette on March 23, 2026, introduced revolutionary rules for the maturation of the sector, the preservation of grid efficiency, and the protection of consumer rights at the highest level. These reforms can be summarized under six main headings:

• kWh-Based Pricing Principle and Prohibition of Surcharges: According to the new regulation, the charging service fee must be determined solely based on the amount of energy consumed (kWh). Charging extra fees under names such as "connection fee," "service initiation fee," or "device usage fee"—which had previously drawn consumer backlash—is strictly prohibited. To prevent the idle occupation of stations, an exception was made for "reservation and occupancy fees," provided that these fees are transparently announced to users on digital channels in advance. As part of the amendment to the fourth paragraph of Article 25 of the regulation, the practice of determining prices separately according to the power of the charging unit or socket, apart from the distinction between AC and DC charging, has been terminated. Accordingly, charging network operators will only be able to differentiate prices between AC and DC charging units and mobile charging stations.
• Dynamic Pricing and Smart Charging Mode: Operators have been granted the flexibility to implement variable/dynamic pricing based on location and time of day (peak-hour applications). Furthermore, instantaneous power management in smart charging systems has been legalized; it is stipulated that charging speeds may change dynamically according to grid congestion, but this situation must be reported to the user instantaneously.
• Direct Payment and Card Access: To democratize market access and ease user experience, it has been made mandatory to offer card or contactless direct payment options at newly established 50 kW and above DC (fast) charging units on highways and state roads, without requiring users to subscribe to any mobile application or sign a loyalty contract. Article 25, paragraph 7 of the Regulation has been retained as is, stating that "The charging service price that charging network operators may apply at public charging stations cannot exceed 25% more than the lowest charging service price applied to users with whom they have a loyalty agreement." The only change is the addition of a clause stating that this applies only to public charging stations.
• Roaming Freedom: "Roaming agreements," which enable different charging network operators to serve each other's customers, have been established on a solid legal ground. According to Article 16 of the regulation, the license holder is permitted to enter into a common circulation agreement. It has been made mandatory to notify the Authority of signed contracts within 30 days, paving the way for utilizing all charging networks across Turkey with a single platform or card.
• Battery Management and the 85% Limit: At DC fast charging units, when the vehicle's state of charge (SoC) reaches 85% and above, the charging network operator is granted the authority to unilaterally terminate the service, provided that the user is informed in advance. This prevents the inefficient occupation of stations due to the physical drop in charging speeds at high capacity.
• Other Issues: According to article 18 of the Regulation, Holding a TS ISO/IEC 27001 Information Security Management System certificate has been made compulsory for all software systems. According to same article transfer a charging station to another operator, both companies must notify EPDK electronically and obtain its approval. Following this approval, the relevant grid operator is notified to cancel the existing "favorable opinion certificate" and reissue it under the name of the new operator.

4. Comparative Analysis with Global Applications

Turkey's charging station legislation largely aligns with global trends, particularly European Union (EU) and United States (US) norms, yet it incorporates certain distinct administrative-legal instruments.

The Alternative Fuels Infrastructure Regulation (AFIR), adopted by the European Union in 2023, mandates the availability of fast-charging stations at specific kilometer intervals along the Trans-European Transport Network (TEN-T) core arteries and requires the availability of "ad-hoc" (subscription-free, instant) card payments. The direct card payment obligation brought to DC devices on highways by the Turkish regulation of March 2026 is in complete harmony with the EU’s AFIR regulation. However, while EU legislation focuses more heavily on grid flexibility, cross-border standardization,data-sharing architecture and a charging station specific kilometer principles, Turkish law has preferred a more consolidated and regulated market structure by keeping market entry barriers high (such as the minimum 50-unit requirement) through EPDK.

In the United States, massive financial incentives are provided to charging stations at the federal level under the National Electric Vehicle Infrastructure (NEVI) formula program, which in turn requires stations to maintain a 97% uptime. Unlike Turkey, the US shapes technical standardization through the power of funding. Furthermore, the unique rule in Turkish legislation allowing the termination of charging once the battery reaches 85% capacity represents a proactive approach rarely seen worldwide, legally mandating operational efficiency. Similar restrictions can be seen at the companies' own initiative. In the research, no legal basis was found like in Turkey.

5. Sustainability and Green Charging (YEK-G) Integration

Pursuant to Article 16/A of the Regulation and the March 2026 updates, charging network operators are obligated to redeem and disclose Renewable Energy Guarantee of Origin (YEK-G) certificates to users receiving services from green charging stations. Energy Exchange Istanbul (EPİAŞ) will transparently publish and announce to the public at the end of each month the charging network operators and brands that own green charging stations and have successfully completed YEK-G certificate redemption processes. This legal infrastructure encourages charging stations to operate integrated with standalone solar energy and storage facilities, thereby providing a concrete legal basis for sustainable green logistics, carbon trading, and green bond mechanisms.

6. Conclusion

Turkey has succeeded in integrating its electric vehicle charging stations' legal infrastructure into global standards and national sustainability goals by dynamically updating its legislation. The comprehensive regulatory reform that entered into force on March 23, 2026, aims to protect consumer rights (preventing unfair surcharges, forced memberships) and preserve grid efficiency while opening the market to professionally and financially robust actors. Transparent kWh-based pricing and green energy certification (YEK-G) demonstrate Turkey’s commitment to sustainable energy transformation.

Nevertheless, the legislation must be adapted to evolving technology in the future. In particular, ambiguities regarding zoning and property law dimensions (such as the consent rates of property owners and shared expense allocations in apartment and residential complex parking lots) must be clarified through a specific reform in the Property Ownership Law. Furthermore, the legal infrastructure for charging stations to become bidirectional units capable of Vehicle-to-Grid (V2G) energy transfer—rather than just drawing energy from the grid—should be designed well in advance.

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