Full text of the draft on the establishment of TCDD Transport company
Transport Joint Stock Company of the Republic of Turkey State Railways (TCDD Transport Inc.) bill providing for the establishment, was submitted to Parliament to.
RAIL TRANSPORTATION BILL ON THE LIBERALIZATION OF TURKEY
SECTION ONE Objective, Scope and Definitions
Purpose and scope
ARTICLE 1- (1) The purpose of this Law is;
a) To provide the most appropriate, effective and lowest possible price for passenger and freight transportation by rail.
b) The Republic of Turkey General Directorate of State Railways Administration configured as railway infrastructure operator,
c) The Republic of Turkey State Railways Transport Joint Stock Company under the name
establishment of a company as a railway train operator,
ç) To arrange the legal and financial structures, activities and other provisions related to personnel of the railway infrastructure operator and railway train operator mentioned in (b) and (c);
d) The construction of railway infrastructure by public legal entities and joint stock companies registered in the trade registry, and use of this infrastructure,
e) The ability of public corporations and joint stock companies registered in the trade registry to perform railway infrastructure operations and railway train operations,
(2) This Law; It covers railway infrastructure operators and railway train operators operating on national railway infrastructure network.
ARTICLE 2- (1) In the application of this Law;
a) Minister: Minister of Transport, Maritime Affairs and Communications,
b) Ministry: Ministry of Transport, Maritime Affairs and Communications,
c) Railway Infrastructure: The ground that forms the railway, ballast, traverse and rail
electrification, signaling and communication facilities and their complement
structure, facility, station and stations, logistics and freight centers and their attachments
ç) Railway infrastructure operator: Public legal entities and companies authorized by the Ministry to operate the railway infrastructure safely in its saving and to make it available to railway train operators,
d) Railway train operator: Public legal entities and companies authorized by the Ministry to carry cargo and / or passenger transport on the national railway infrastructure network,
e) Public Service Obligation: Obligation to provide rail passenger transport services on a given line, on the basis of a contract, in order to provide a railway passenger transportation service that cannot be provided by any railway train operator in commercial conditions,
f) Fatal railway crash: fatal railway accidents occurring on national rail infrastructure network and on rail systems outside of this network and only involving railway tractors and / or towed vehicles, except in the case of level crossing accidents and unauthorized collision with persons on railway infrastructure,
g) Company: The joint stock company registered in the trade registry maintained in accordance with the Turkish Commercial Code,
i) TCDD: Republic of Turkey General Directorate of State Railways Administration,
h) The Republic of Turkey State Railways TCDD Transportation Inc .: Transport Inc.,
i) national railway infrastructure network: provincial and district centers located within the borders of Turkey and other places with harbors, airfields, organized industrial zones, logistics and freight centers, connecting integrated rail infrastructure network belonging to the public or the company express.
CHAPTER TWO Provisions Regarding TCDD and TCDD Taşımacılık A.Ş.
Determination of TCDD as a railway infrastructure operator and its duties ARTICLE 3- (1) TCDD is located within the national railway infrastructure network and
Rail infrastructure on the part of the railway infrastructure that is transferred to the
as the operator.
(2) Other duties of TCDD are:
a) To manage the railway traffic on the national railway infrastructure network as a monopoly.
b) To determine the traffic management wages on the railway infrastructure that are in its saving, with equal conditions for all train operators and in a non-discriminatory manner, to accrue and collect the related railway train operators.
c) To determine the traffic management fees on the national railway infrastructure network which is not in its saving, with equal conditions for all railway infrastructure operators, and to make them accrued and collected to the relevant railway infrastructure operator.
d) Operating, operating or leasing the non-railway areas of the railway infrastructure that are in the savings.
d) Improving, renewing, extending, maintaining and repairing the railway infrastructure that is in its saving.
e) Constructing or constructing railway infrastructure for high speed and high speed train transportation.
f) Establishing, establishing, developing, operating or operating communication facilities and networks.
g) To perform other duties assigned to the Master Statute.
Legal status of TCDD and TCDD Taşımacılık A.Ş.
ARTICLE 4- (1) TCDD is subject to the provisions of the Decree Law No 8 / 6 on State Economic Enterprises dated 1984 / 233 / XNUMX without prejudice to the provisions of this Law.
(2) TCDD Transportation Inc. The provisions of the Decree Law No. 233
Subject to availability.
Financing of TCDD investments ARTICLE 5- (1) TCDD;
a) High-speed and high-speed rail transport for the railway infrastructure investments,
b) Double or multiple lines of the lines in their savings and. investments in the construction of conduit lines and equipping them with electrification, signaling and telecommunication facilities,
c) Investments in renewal and improvement of railway infrastructure in its saving,
The year is associated with the investment program and the necessary appropriations are foreseen to cover the financing of these investments in the Ministry budget.
(2) In case of request for the connection line construction; The immovables required by the junction line to be built are expropriated by the TCDD by collecting the expropriation fee from the claimant and the right of easement is established free of charge for the claimant, not to exceed forty-nine years. At the end of the period of use, all assets built on the real estate in question are deemed to be the property of TCDD without any further processing. No compensation or compensation is paid by TCDD for these assets.
PART THREE Authorization of Public Legal Entities and Companies and Immovable Properties
Authorization of public legal entities and companies ARTICLE 6- (1) Public legal entities and companies; .
a) Building their own railway infrastructure,
b) To be a railway infrastructure operator on the railway infrastructure of themselves and / or other companies,
c) The Ministry can be authorized by the Ministry to become a railway train operator on the national railway infrastructure network.
(2) Public legal entities and companies determine and apply the usage fees of the railway infrastructure in their own or savings in a way that does not discriminate on an equal basis for all train operators.
(3) In case companies want to build a railway infrastructure; The expropriation value required by the railway infrastructure shall be expropriated by the Ministry and the right of easement shall be set aside for the purpose of the concerned company for a period not exceeding forty-nine years. All assets built on the immovable property at the end of the period of use shall be deemed to be the property of the Treasury without further processing. The Treasury shall not pay any price or compensation for these assets.
(4) The income and expense accounts and the accounting of railway train operators arising from the load, passenger and public service obligations are kept separately.
(5) The procedures and principles regarding the authorization under this article shall be regulated by the regulation issued by the Ministry.
Provisions for real properties
ARTICLE 7- (1) Among the immovable properties owned by the Treasury and allocated to the TCDD or left for use or deemed to be deemed appropriate by the Ministry of Finance and do not have legal and actual obstacles in their transfer, the duties and duties of the TCDD It is transferred to TCDD by the Ministry of Finance for its unpaid capital over the square meter unit value based on real estate tax.
(2) Except for those whose registration is not possible according to the provisions of special legislation and forests; Among the immovables that are under the authority and the state of the state, those that are used in the duties and activities of TCDD and which are deemed appropriate by the Ministry of Finance and have no legal or actual obstacles in their transfer, upon the request of TCDD, after being registered by the Ministry of Finance on behalf of the Treasury, To be used in its duties and activities, it is transferred to TCDD for its unpaid capital over the square meter unit value based on real estate tax.
(3) Under the provisions and savings of the State, which cannot be registered to the land registry on behalf of the Treasury in accordance with its special legislation but is mandatory to be used in the duties and activities of the TCDD, and which is deemed appropriate by the Ministry of Finance and has no legal and actual barriers in its allocation.
The immovables found are allocated to the TCDD by the Ministry of Finance for use in the duties and activities of the TCDD, together with the structures and facilities on it.
(4) The immovable properties in the scope of this article, the ones allocated to the Ministry of National Defense and the Turkish Armed Forces are not included in the scope of this article.
(5) The transfer transactions of the immovables in the scope of this article completed in accordance with this article shall be concluded by the relevant cadastral and land registry offices within six months as of the application date.
(6) The registration, transfer and allocation of the 21 / 7 dated 1983 / 2863 / 25 dated 2 and 1998 and the 4342 / XNUMX dated immovables under this article are subject to the provisions of this Article .
(7) All kinds of papers to be issued for the registration, expiration and settlement procedures in this article shall be exempt from stamp tax and the transactions to be made.
(8) In accordance with this Article, those who have not yet been charged on behalf of TCDD due to their use until the date of entry into force of this Law due to the registration of the immovables to be registered and allocated in the name of TCDD. Charged prices are not refundable.
(9) For the leases of the immovables covered by this Article by the TCDD to the third parties, those who have not been charged for the tenancy of the tenants due to their use until the date of entry into force of this article, are abandoned at any stage, provided that the rent amounts have been collected by TCDD. . Charged prices are not refundable.
(10) The construction approach distance determined by the Ministry shall be complied with in order to ensure the railway safety in the parcels adjacent to the railway infrastructure. The structures which are not suitable for the specified distance are demolished or demolished by the relevant institutions in accordance with the relevant legislation at the request of the Ministry.
CHAPTER FOUR Miscellaneous Provisions
Accident detection report
ARTICLE 8- (1) Regarding the fatal railway accidents on the national railway infrastructure network; two persons from the relevant railway infrastructure operator, two persons from the railway train operators who are involved in the accident, and a commission consisting of three persons from the Ministry shall arrange an accident report and these minutes shall be archived by the Ministry.
(2) Regarding fatal railway accidents that occur on rail systems outside the national railway infrastructure network; An accident report is issued through a commission consisting of two persons from the TCDD, two persons from the relevant rail operator and three persons from the Ministry, and these minutes are archived by the Ministry.
(3) The qualifications of the persons to be included in the commissions, the shape of the accident report and the issues to be included in the minutes shall be determined by the Ministry.
Public service obligation
ARTICLE 9- (1) Public service obligations are fulfilled on the basis of a contract between the Ministry and the railway train operators. In these contracts; the duration of the contract, the length of the line to be transported, the number of train schedules to be made, the passenger transportation ticket fees and payment methods to be applied are clearly indicated. Other procedures and principles regarding the contracts are determined by the Ministry:
The appropriation required for public service obligations is placed in the budget of the Ministry.
(3) Procedures and principles regarding the determination of the railway passenger transport lines to be supported under the public service obligation and the train operator who is obliged to public service are determined by the Council of Ministers.
Railway and highway intersections
ARTICLE 10- (1) The railway is the main road at the intersection of the railway by road, village road and similar roads and the railway vehicles have the superiority of crossing.
(2) At these intersections, the institution or organization to which the new road is connected is obliged to make an overpass or overpass and take other safety measures.
(3) In cases where the railway traffic order requires, facilities that prevent the sight of level crossings are removed or abolished within the framework of the relevant legislation.
Amended terms and references
ARTICLE 11- (1) The term "Railways" in the "B-PUBLIC ECONOMIC ORGANIZATIONS (IRB)" annex to the Decree Law No. 8 dated 6/1984/233 has been changed to "Railways". "Affiliates" section, "4. Transport Joint Stock Company of the Republic of Turkey State Railways (TCDD Transport Inc.) "has been added.
(2) The Republic of Turkey State Railways Transportation for use on joint stock company, having been established for staff in the attached list 22 / 1 / 1990 dated and in addition the Decree 399 numbered Law (I) No. Ruler, Turkey Wagon Industries Inc. Added to come after the General Directorate.
(3) Article 4 of the Public Procurement Law dated 1 / 2002 / 4734 and 3 is amended as follows:
"P) The Republic of Turkey State Railways General Directorate of Turkey umhuriyet State Railways Transport of the Joint Stock Company, Turkey Railway Machines Industry Joint Stock Company, Turkey Locomotive and Engine Industry Corporation and Turkey Wagon Industry purchasing goods or services to be made by the Corporation,"
(4) Among the references made to TCDD in other legislation, those that concern TCDD Taşımacılık A.Ş. are deemed to have been made to TCDD Taşımacılık A.Ş.
CHAPTER FIVE Provisional and Final Provisions
PROVISIONAL ARTICLE 1- (1) TCDD Transportation Inc. legal entity
(2) TCDD Transportation Inc. within a year after the acquisition of legal personality;
a) The personnel to be transferred to TCDD Taşımacılık A.Ş., one of the relevant service units of TCDD, and the vehicles that are used in traction, cargo and passenger transportation services and all other vehicles, equipment and devices related to these are determined by the Board of Directors of TCDD. It is deemed to have been transferred to TCDD Taşımacılık A.Ş. with its staff and positions, and tools, equipment and devices, together with its rights, receivables, debts and liabilities, without any further action.
b) TCDD Taşımacılık A.Ş. in the transactions and contracts signed by TCDD regarding the personnel and tools, equipment and devices transferred within the scope of subparagraph (a). becomes a party. Regarding these issues, TCDD Taşımacılık A.Ş. spontaneously gains the adjective side. The lawsuits to be filed due to the works and transactions carried out by TCDD before the entry into force of this article regarding these issues are directed to TCDD Taşımacılık A.Ş.
c) Assigned assets, TCDD Taşımacılık A.Ş. Subsidiary is registered as paid-in capital. TCDD Taşımacılık A.Ş. In the balance sheet, the share of TCDD is deemed to be recorded as capital paid in kind.
ç) TCDD's immovable properties are determined by the TCDD Board of Directors and allocated to TCDD Taşımacılık A.Ş. for ten years free of charge.
(3) TCDD ve TCDD Taşımacılık A.Ş. Protocols can be performed.
(4) The Minister is authorized to resolve any disputes that may arise regarding transfer and allocation transactions.
(5) TCDD and TCDD Transportation Inc. All kinds of papers to be arranged for transfer and allocation between the stamp tax and the transactions to be made are exempt from the charges.
(6) TCDD and TCDD Taşımacılık A.Ş. TCDD continues to carry out the duties assigned to TCDD Taşımacılık A.Ş. until the transfer transactions between the two are completed.
PROVISIONAL ARTICLE 2- (1) As of 31/12/2012, upon the proposal of the Minister to which the Undersecretariat of Treasury is affiliated, to deduct TCDD's debts from the loans, bonds and foreign loans incurred by the Treasury as of XNUMX/XNUMX/XNUMX. The Minister of Finance is authorized.
PROVISIONAL ARTICLE 3- (1) TCDD limited to the year-end of the fifth year from the effective date of this Law;
a) Financing of investments other than those specified in 5,
b) Financing explained in the maintenance and repair budget,
c) The deficits arising from the capital transfer made to TCDD transportation Inc. are covered by the Undersecretariat of Treasury, exclusively for its capital.
(2) Investments in public investment program to be realized by TCDD before the date of entry into force of this Law shall be completed by TCDD.
(3) The towing and towing vehicles included in the TCDD investment program are transferred to TCDD Taşımacılık A.Ş. within the framework of the provisions of the provisional article 1 within three months of the acquisition.
Supporting TCDD Taşımacılık A.Ş.
PROVISIONAL ARTICLE 4- (1) As of the enforcement date of this Law, TCDD Taşımacılık A.Ş. is limited to the end of the fifth year.
a) Financing investments in investment programs,
b) Financing deficits in operating budget,
c) The difference between the actual financing gap and the project budget is met by the TCDD.
(2) The public service obligation is TCDD Taşımacılık A.Ş. is performed by.
PROVISIONAL ARTICLE 5- (1) The retirement bonuses of those who have been entitled to pension pension from the personnel subject to the Schedule (I) and (II) numbered 399 (XNUMX) employed in TCDD, within one month after the entry into force of this Law, As of the effective date of this Law;
a) 25 for those who have a maximum retirement age of three years, except for those whose old age is less than one year
b) 30 for age spouses less than three years and less than five years old,
c) 40 for the rest of the age limit of five years or more,
(2) Retirement bonuses are paid in excess of 2013 if they apply for retirement pension in 40.
(3) In retirement applications made pursuant to this article, a later date cannot be shown as retirement date, applications cannot be registered and withdrawn. In this context, retired personnel cannot be employed in TCDD and TCDD Taşımacılık A.Ş. within five years after retirement.
ARTICLE 12- (1) This Law shall enter into force on the date of its publication.
CORPORATE NAME: Turkish State Railways
ORGANIZATION OF TRANSPORT JOINT STOCK COMPANY: CENTER
OF THE CAPITAL
NUMBER OF FREE STAFF
NUMBER OF STAFFED STAFF
GENERAL MANAGER, GIH
GENERAL MANAGER ASSISTANT GIS
CHIEF EXECUTIVE COMMITTEE CHAIR
I. LEGAL ADVISOR GİH
DEPARTMENT OF DEPARTMENT
1 3 1 1 8 1
In order to reinvigorate the role of railroads in the development and independence of our country and to strengthen its role in transportation; There is a need to establish a railway sector that is sustainable, free from competition, economic, social and compatible with the European Union (EU) legislation.
While the share of railways in passenger transportation was 1950 percent and its share in freight transport was 42 percent in 68s in our country, these rates are 2012-1,5 percent in 4,5. In addition to increasingly continuing large investments in the railway sector in recent years, this unbalanced change that occurred in favor of the highway over time will be changed in favor of the railways through the regulation of the sector and the restructuring of TCDD.
In order to benefit from the advantageous aspects of the railway transportation system within the integrated transport system, it is necessary to remove the monopoly in the railway sector and to provide a free, transparent, fair and sustainable competition environment. Thus, more efficient use of the current country resource in the railway field will be ensured and the idle capacity will be put into use. With the abolition of the monopoly and the liberalization of the sector, EU railway legislation will also be harmonized.
1 / 11 / 2011 dated and published in the Official Gazette 28102 / 26 / 9 and the Ministry of Transport, Maritime Affairs and Duties of the Ministry of Transport and Maritime Affairs on the Delegation of the Law and regulations to be applied in case of liberalization of the regulations and rules to be applied, the responsibility of their implementation was assigned to the General Directorate of Railroad Regulation. The studies carried out in this context have revealed that railway infrastructure and train operators must be composed of separate legal entities in order to liberalize the sector.
In this context, TCDD, which is a monopoly operator in all of the infrastructure and train management activities in railways that are still transferred to it, needs to be restructured.
In accordance with the EU legislation, it is envisaged to use the public economic enterprise (KIK) and its subsidiary model within the framework of the public economic enterprise (KIT) legislation to open up the railway sector to competition and to separate the TCDD as infrastructure operator and train operator. With this model, it is aimed to provide safety and compliance among the operators in terms of compliance and coordination, administrative structure, convenience and public support in terms of personal rights and status of the personnel.
For this purpose, TCDD is being restructured as a railway infrastructure operator, no changes are made in its current legal status, and it continues to exist as a public economic institution (KIK) subject to the Decree Law No. 233 on Public Economic Enterprises. As the train operator of the public; divided units related to TCDD train operations and subject to the Decree Law No. 233 of TCDD, a subsidiary of Republic of Turkey State Railways Transport Joint Stock Company (TCDD Transport Inc.) is established.
The necessary arrangements have been made to support the newly formed legal entities during the establishment phase, to make the separation smooth, to solve the problems in the property issues and to prevent accidents in the level crossings.
The draft was prepared for the reasons mentioned above.
ARTICLE 1- TCDD has been restructured and the terms of reference and activity areas of the Institution, which has been performing infrastructure and train operations together, are being changed as of today. TCDD is restructured as infrastructure operators, railway operators as the Republic of Turkey State Railways Transport Joint Stock Company (TCDD Transport Inc.) is established. In addition, public corporations and joint stock companies registered in the trade registry are allowed to perform railway infrastructure operations and train operations. With the law, only the railway operation on the national railway infrastructure network is regulated, and railway operations in areas such as subway, light rail, mine and factory area not related to national traffic are regulated.
ARTICLE 2- With the article, some concepts in the Law are defined. The name of the public railway operator, due to national and international of the benefits of belonging to a company known as TCDD, the Republic of Turkey railways Transport Joint Stock Company (TCDD Transport Inc.) is arranged.
ARTICLE 3- With the article, the task framework is redefined as TCDD's infrastructure and train operation duties are separated and restructured. The current national railway network infrastructure management task is still carried out by TCDD and TCDD is the only public institution with experience in this regard. The maintenance of the railway infrastructure operation assigned to it, with TCDD's current experience and resources, will both meet the safety and economic requirements, and will ensure that the railway transportation is continued without interruption during the restructuring process. For these reasons, TCDD is determined as a public railway infrastructure operator.
Commercial and safety qualities of the tasks are taken into consideration in determining the tasks to be performed by the infrastructure operators. According to this; Since it is directly related to safety, the right and duty to manage the railway traffic on the entire national railway infrastructure network has been given to TCDD as a monopoly. Duties such as new railway construction, maintenance and repair of existing lines, operation of station, station and logistics areas, which are not directly related to train traffic and can be described as commercial activities, are not monopoly. TCDD will also perform its duties to be determined in its main status.
ARTICLE 4- With the article, TCDD is structured as a railway infrastructure operator, no changes are made in its current legal status, it continues to exist as a JCC subject to Decree Law No. 233. As the train operator of the public; TCDD train leaving the outcome is still subject to the Decree Law No. 233 of TCDD, a subsidiary of Republic of Turkey and the related business units Transport Joint Stock Company The State Railway (TCDD Transport Inc.) is established.
TCDD is a JCC which is subject to the Decree Law No. 233 and TCDD Taşımacılık A.Ş. is a subsidiary subject to the Decree Law no. 233. The fact that this Law is regulated does not affect the fact that they are subject to their own legislation, 233 Decree Law. No amendment is made to the Decree Law No. 233 on the amendment of the legal status, the main status and the articles of association, and the determination, modification, removal and addition of its duties. The powers of the Council, Council of Ministers, High Planning Council and boards of directors, authorities and authorities continue to be the same.
ARTICLE 5 - The investments mentioned in the article are infrastructure investments that require huge financial resources in terms of quality and cannot be covered by profit provided within commercial principles. Such investments are the result of government obligations to make infrastructures. Major railway infrastructure investments have been made in our country in recent years. An investment of 2009 billion TL in 1,3, 2010 billion TL in 2,4 and 2011 billion TL in 2,7 was made by TCDD only, and an investment of 2012 billion TL is expected in 2,7. It is planned to invest 100 billion TL in the next ten years. Even in countries where the railway transportation market is liberalized, especially in the EU member countries, all of the railway investment, maintenance and repair and traffic management costs are directly supported by the government. The line allocation income of the infrastructure enterprise is sufficient to finance the operating budget.
The TCDD, which is subject to the Decree Law no. 233, which is fully owned by the State, produces goods and services in the public interest, and the infrastructure investments for the modern railway, modernization, renewal and improvement of the existing railway with the allowance to be put from the central budget to the Ministry budget. editing is made.
In order to increase railway transportation, construction of connection lines (connection roads) to connect facilities such as factories, organized industry and load center to the national railway network is encouraged.
ARTICLE 6- The main purpose of this Law is to lift the monopoly of TCDD in train operation activities, to liberalize rail transport and open it to competition. With the article, in parallel with liberalization, public legal entities other than TCDD and private sector joint-stock companies are also allowed to become railway train operators on the national railway infrastructure network.
On the other hand, in order to expand the national railway network, public legal entities other than the Turkish State Railways (TCDD) and private sector joint-stock companies are required to construct their own railway infrastructure, opportunity.
In addition, in order to prevent cross subsidies, railway train operators are obliged to keep separate revenue and expense accounts and accounting for passenger, freight and public service obligations separately.
ARTICLE 7 Total 315.918.967 2 281.796.322 m2 of real estate Turkey is available across the Turkish State Railways TCDD in their use of property 34.122.645 2 XNUMX mXNUMX, XNUMX mXNUMX of the property is owned by the Treasury.
Regarding the use of immovables belonging to the Treasury Treasury, disputes may occur between the TCDD and the Ministry of Finance regarding leases for transportation activities. There are many lawsuits regarding immovable property, depending on the intervention of civil intervention, cancellation of title deed and registration, zoning and cadastral disputes. There are problems in the lawsuits filed because TCDD does not own property. With the article, it is ensured that the ownership of these immovables are transferred or allocated to the TCDD by taking into consideration their properties in order to prevent such problems.
In addition, due to the increase in transport speeds on railway lines with the introduction of high-speed train in our country, arrangements are made to ensure a safe approach distance to ensure the safety of life and property for the construction of railway corridors.
ARTICLE 8- Duties and authorities of the Ministry of Transport, Maritime Affairs and Communications have been defined and defined in accordance with the Decree Law no. 665 on the provision of security on national rail network and other rail systems and investigation of accidents and incidents. As a result of the liberalization that will be provided by the Law, new public and private sector infrastructure and train operators will operate in the sector. In addition to criminal investigation, it is necessary to make the determination of the effects of the accident on the basis of the incident by evaluating the railway system-specific accidents and producing solutions for the system. It is aimed that this delegation will be composed of experts and related parties.
ARTICLE 9- A contract, in which the travel needs which are not commercially profitable but which must be met by the public due to the social state concept, in accordance with the EU legislation (1370 / 2007 / EC Regulation), are laid down by the characteristics of the need under the scope of public service obligation. It is envisaged that the public needs in this context will be determined by the Council of Ministers and that the cost will be covered by the Ministry's budget. In addition, the main content of the contract to be made between the railway train operators and the Ministry is regulated and the Ministry is authorized to determine the other principles.
ARTICLE 10 - The existing provisions applied at the railroad and highway intersections are arranged for the first time on the date of 1983, and since the 1992 year, the TCDD status is in the main status of the High Planning Council. In spite of all measures taken by TCDD, level crossing accidents cannot be sufficiently prevented. With the article, the duty of the administration, which is the owner of the road which is later made in parallel with the current application, is legally regulated.
ARTICLE 11- With the article, due to the establishment of TCDD Tasimacilik AS as a subsidiary of TCDD, the matters of processing the Decree Laws 233 and 399 into the relevant sections are regulated.
Goods and services purchases made by TCDD from its subsidiaries are included in the Public Procurement Law No. 4734 as an exception. With the article, the purchase of goods and services to be made by TCDD Taşımacılık A.Ş., which was established by leaving TCDD, from other subsidiaries of TCDD, is included in the scope of the exception.
TCDD Taşımacılık A.Ş. Since it was established, it is regulated that those who are interested in TCDD Taşımacılık A.Ş. will be deemed to have been made to this subsidiary in relation to the references made to TCDD.
PROVISIONAL ARTICLE 1- TCDD's train management units are separated and TCDD Taşımacılık A.Ş. TCDD and TCDD Taşımacılık A.Ş. It is aimed to ensure that this separation is carried out in a healthy manner by giving authorization to the TCDD Board of Directors in order to determine the relevant ones.
Within this framework, it is envisaged to transfer the tools, equipment, rights, receivables, debts and liabilities related to the field of activity of TCDD Taşımacılık A.Ş.
TCDD immovables are related; In order for the train management that leaves TCDD to remain uninterrupted, TCDD Taşımacılık A.Ş. is allocated to this subsidiary for a period of ten years, taking into account the requirements needed during the establishment and initial stages, and the competitive environment.
The Minister is authorized to resolve disputes that may arise in transfers and allocations.
PROVISIONAL ARTICLE 2- In order to ensure the sustainability of the realization of rail transport in a competitive environment; Infrastructure operators must be financially strong and debt-free in order to provide adequate maintenance of infrastructure to be offered to train operators by infrastructure operators, to take necessary safety precautions, optimum use of existing capacity, to create additional capacity, and to keep infrastructure fees affordable. For this reason, the Ministry of Finance is authorized to offset the debts of the TCDD to the Treasury as of 31/12/2012 in order to clear the debt burden of TCDD from its past activities.
PROVISIONAL ARTICLE 3- As infrastructure management and train management are currently carried out by TCDD, financing deficits are met as a whole. In the new structuring, TCDD's main revenues as infrastructure operator; The fees to be collected from the train operators in return for the use of the railway infrastructure and the supports to be provided by the State.
In determining the infrastructure usage fees, which are the main operating income of TCDD, the competitiveness of railways and other modes of transportation should be taken into consideration. Therefore, these fees should be at the level that the rail transport market can handle. Otherwise, if all of the infrastructure usage fees are initially determined on a commercial basis, the infrastructure usage fees will be very high. This, in turn, will negatively affect train management, reducing demand and eliminating the reason for restructuring.
In addition, there is no potential for sufficient infrastructure usage fee income as of today, since it is foreseen that the high speed train lines that will earn TCDD's basic infrastructure usage fee will reach a sufficient size in just five years.
For these reasons, it is foreseen that TCDD will be supported in the transition period.
PROVISIONAL ARTICLE 4- TCDD Transportation Inc. Since it will perform railway transportation activities in a competitive environment with third parties on a commercial basis, a five-year transition period is foreseen since the sector is not profitable and efficient, and as of today, high-speed train operations do not reach the required size. Thus, it is ensured that the existing freight and passenger transportation services are carried out without restriction until the desired result is reached within the framework of restructuring and the transportation services are prevented from becoming unavailable due to the financing gap arising from the train operation in the transition period.
For these reasons, TCDD Taşımacılık A.Ş. is foreseen to be supported in the transition period.
PROVISIONAL ARTICLE 5- The human resources structure of TCDD and TCDD Taşımacılık A.Ş. There is a need to reorganize qualitatively and quantitatively in accordance with the newly formed competitive market. With the article, pension payments are provided at the rates specified in the article in order to determine the number of positions and personnel needed in a healthier manner.
ARTICLE 12- Effective clause.
ARTICLE 13 - Execution substance.
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