Newsletter-21

159 COMPETITION LAW Aid to promote the economic development of areas where the standard of living is abnormally low as compared to the European Un- ion, or where there is serious underemployment; aid aiming to accom- plish structural adjustments between Turkey and the European Union; aid to facilitate the development of certain economic activities or of certain economic areas; aid to promote culture and heritage conserva- tion; aid to promote the execution of an important project of common interest of Turkey and the European Union, or to remedy a serious disturbance in the economy of Turkey, and such other categories of aid as may be specified by the Association Council may be considered compatible for the purposes of Law No. 6015. Pursuant to Art. 3/3, the regulation may further provide for the granting of a block exemption to certain types of state aid, or declare compatible state aid granted to an enterprise for a certain period up to a certain limit, provided that it does not significantly distort the compe- tition, and exempt them from notification to the State Aid Monitoring and Supervision Board. State aid that does not fall within the scope of these exemptions is deemed illegal, and such aid should be recovered with its accrued interest if it is already granted to the enterprise. Art. 10 of Law No. 6015 sets forth the principles regarding the recovery of the illegal state aid, and the illegal aid should be recovered in ten years as of the date of receiving of the aid by the beneficiary in accordance with Art. 11. Certain Problematic Provisions of Law No. 6015 Besides the delays regarding the implementation of the second- ary regulation on the monitoring of state aid, Law No. 6015, is also criticized for certain issues. Art. 4 of Law No. 6015 confers the duty to monitor the state aid to the State Aid Monitoring and Supervision Board rather than the Competition Board. Compared to the Competi- tion Board, the State Aid Monitoring and Supervision Board has less guarantees in terms of administrative and financial independence, and does not enjoy legal personality. In accordance with the opinions pub- lished during the consultation period for adoption of Law No. 6015, it was concluded that the state aid granted by the State should not be monitored by a governmental body, and the Competition Board has the