The process of privatization of railways began "officially"
A recently adopted in Turkey Grand National Assembly of Turkey "Law on the Liberalization of Railway Transport" published in the Official Gazette came into force.
The law published in the Official Gazette gives details about the privatization process. We bring the law to your attention:
Liberalization of rail transport TURKEY
Law No. 6461 Accepted: 24 / 4 / 2013
Purpose, Scope and Definitions
Purpose and scope
ARTICLE 1 - (1) The purpose of this Law;
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 Freight railroad train operators to be installed by a company with the name Joint Stock Company,
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 and use of this infrastructure by public legal entities and companies registered in trade registry,
e) To be able to perform railway infrastructure management and railway train operations of public legal entities and companies registered with the trade registry,
(2) This law covers railway infrastructure operators and railway train operators operating on a national railway infrastructure network.
ARTICLE 2 - (1) In the implementation of this Law;
a) Minister: Minister of Transport, Maritime Affairs and Communications,
b) Ministry: Ministry of Transport, Maritime Affairs and Communications,
c) Railway Infrastructure: Ground, ballast, sleeper, rail, electrification, signaling and communication facilities and their complementary structures, facilities, stations and stations, logistics and load centers and their attachments and connection lines,
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) Company: The company registered in the trade registry registered under the Turkish Commercial Code numbered 13 / 1 / 2011 and
g) TCDD: Republic of Turkey General Directorate of State Railways Administration,
i) TCDD Transport Inc.: Republic of Turkey State Railways Transport Inc.,
h) national railway infrastructure network: the provincial and district centers and other residential areas with ports in Turkey's borders, airports, organized industrial zones, logistics and freight centers, connecting integrated rail infrastructure network belonging to the public or company,
Provisions Regarding TCDD and TCDD Taşımacılık A.Ş.
TCDD as a railway infrastructure operator
ARTICLE 3 - (1) TCDD acts as a railway infrastructure operator on the part of the railway infrastructure, which is within the national railway infrastructure network and which is transferred by the State.
(2) Other duties of TCDD are:
a) Monopolize the railway traffic on the national railway infrastructure network
b) To determine the traffic management wages on the railway infrastructure, which are in its saving, with equal conditions for all train operators in a non-discriminatory manner, to realize and collect the related railway train operators
c) To determine the traffic management wages on the national railway infrastructure network which are not in their savings, which have equal conditions for all railway infrastructure operators, and not to discriminate, to accrue and collect the related railway infrastructure operator
d) Operating, operating or leasing the non-railway areas of the railway infrastructure that are under construction
d) Improving, renewing, expanding, maintenance and repairing of railway infrastructure
e) To make or build a railway infrastructure for high-speed and fast train transportation
f) To establish, to establish, to develop, to operate or to operate communication facilities and network
g) To perform other duties given by the
Legal status of TCDD and TCDD Taşımacılık A.Ş.
ARTICLE 4 - (1) TCDD is subject to the provisions of the Decree Law on Public Economic Enterprises No. 8 dated 6/1984/233, without prejudice to the provisions of this Law.
(2) TCDD Transportation Inc. is subject to the provisions of the Decree Law No. 233.
Financing TCDD investments
ARTICLE 5 - (1) TCDD;
a) High-speed and high-speed rail transport for the railway infrastructure investments,
b) Investments in the generation of double or multiple lines of transmission lines and the construction of flank 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 in order to finance the investments in the Ministry budget.
(2) In case of requesting the construction of junction line; The immovables required by the junction line to be built are expropriated by the TCDD by collecting the expropriation fee from the demander, 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.
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) To be a railway train operator on national railway infrastructure network,
may be authorized by the Ministry.
(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 immovable properties required by the railway infrastructure, the expropriation value is collected from the relevant company and expropriated by the Ministry. 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 which 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) The immovables, which are not subject to the title of the Treasury in accordance with their special legislation, but which are compulsory to be used in the duties and activities of TCDD and which are deemed appropriate by the Ministry of Finance and which do not have legal and actual obstacles in their allocation, together with the structures and facilities on them, TCDD is allocated to the TCDD by the Ministry of Finance for use in the duties and activities of.
(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 by the relevant cadastral and deed directorates are concluded within six months after 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.
Public service obligation
ARTICLE 8 - (1) Public service obligations are fulfilled based on 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 journeys to be made, the passenger transportation ticket fees to be applied and the payment procedures are clearly stated. Other procedures and principles regarding contracts are determined by the Ministry.
(2) 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 9 - (1) At the intersections of the railway with the highway, village road and similar road, the railway is considered the main road and the railway vehicles have the advantage of passing.
(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, the facilities that prevent the sight of level crossings are removed or abolished within the framework of the relevant legislation.
Amended terms and references
ARTICLE 10 - (1) The following statement has been added to the section "A- ECONOMIC STATE ORGANIZATIONS (İDT)", which is included in the annex of the Decree Law No. 8 dated 6/1984/233, which is included in the list. "section of" Related Ministries: the Ministry of Transport "located under the" Republic of Turkey General Directorate of State Railways Administration (TCDD), "" 1. Turkey Wagon Industries Inc. (TÜVASAŞ) ”,“ 2. Turkey Locomotive and Engine Industry Inc. (TÜLOMSAŞ) ”,“ 3. Turkey makinalarısanayi Railway Co. (TÜDEMSAŞ) ”phrases have been removed from the list.
“Relevant Ministry: MINISTRY OF TRANSPORTATION, SHIPPING AND COMMUNICATION
Establishments Establishments Subsidiaries
The Republic of Turkey 1. Turkey Wagon Industries Inc.
General Directorate of Railways General (TÜVASAŞ)
Directorate (TCDD) 2. Turkey Locomotive and Engine
Industry Inc. (TÜLOMSAŞ)
- Turkey Railway Machines
Industry Inc. (TÜDEMSAŞ)
- Republic of Turkey
Railways Transportation Anonymous
Company (TCDD Tasimacilik AS) ”
(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. Was 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 the Republic of Turkey State Railways Transport 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.
Provisional and Final Provisions
PROVISIONAL ARTICLE 1 - (1) TCDD Taşımacılık A.Ş. gains legal personality by registering in the trade registry.
(2) TCDD Transportation Inc. within one year of gaining 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 Ministry is authorized to resolve any disputes that may arise about transfer and allocation operations.
(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) To deduct TCDD's debts arising from loans, bonds and foreign loans, including any interest and delay hikes, to the Treasury as of the effective date of this Law. The minister is authorized.
PROVISIONAL ARTICLE 3 - (1) TCDD limited to the end of the fifth year from the date this Law comes into force;
a) Financing of investments other than those specified in 5,
b) Financing deficits in the maintenance and repair budget,
c) Deficits arising from capital transfer to TCDD Taşımacılık A.Ş.,
is financed by the Undersecretariat of Treasury.
(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 their receipt.
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 paid by TCDD.
(2) The public service obligation is TCDD Taşımacılık A.Ş. is performed by.
PROVISIONAL ARTICLE 5 - (1) From the date of entry into force of this Law from those who have been entitled to retirement pension from personnel subject to (I) and (II) annexes of the Decree Law no. retirement benefits for those who apply for a pension within one month from the date of entry into force 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 according to the end of 40.
(3) A retirement date cannot be shown as a date of retirement in accordance with this article. Within this scope, the retired personnel cannot be employed in TCDD and its subsidiaries TÜVASAŞ, TÜLOMSAŞ, TÜDEMSAŞ and TCDD Taşımacılık A.Ş. within five years of their retirement.
ARTICLE 11 - (1) This Law enters into force on the date of its publication.
ARTICLE 12 - (1) The provisions of this Law shall be enforced by the Council of Ministers.
CORPORATE NAME: Turkish State Railways
OF THE CAPITAL
TOTAL NUMBER OF FOUNDATION
GENERAL MANAGER GIH 1 1
GENERAL MANAGER ASSISTANT GHG 3 3
CHAIR XIUM 1 CHAIRMAN
I. LEGAL CONSULTING GIH 1 1
DEPARTMENT OF HEAD GOD 8 8
PRESS RELEASE GHG 1 1
TOTAL 15 15