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.
PART TWO Provisions for TCDD and TCDD
Determination of TCDD as a railway infrastructure operator and their duties ARTICLE 3- (1) TCDD is a
Rail infrastructure on the part of the railway infrastructure that is transferred to the
as the operator.
(2) Other tasks 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
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 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 construction of the tension line; The immovable properties required by the congestion line shall be expropriated by the TCDD and the right of easement shall be established in favor of the beneficiary for not exceeding forty-nine years. At the end of the period of use, all assets built on the immovable properties in question shall be deemed to be the property of TCDD without any further processing. TCDD shall not pay any price or compensation 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) Those who are privately owned, allocated to TCDD or left to use or used by TCDD, or who are deemed to be legally de facto by the Ministry of Finance. to be used in activities of the Ministry of Finance on the basis of the real estate tax based on the unit value of the unpaid capital is transferred to the TCDD.
(2) Except for forests which cannot be registered according to the provisions of special legislation; TCDD is used for the duties and activities of the TCDD and the legal and actual obstacles that are approved by the Ministry of Finance have been registered by the Ministry of Finance. to be used in its duties and activities, it is transferred to TCDD for its unpaid capital based on the unit value of the real estate tax.
(3) In accordance with the special legislation, it is not possible to register the title to the Treasury in the name of the Treasury, but must be used in the duties and activities of the TCDD,
The immovable properties, together with the structures and facilities on it, are allocated to TCDD by the Ministry of Finance for use in the functions and activities of TCDD.
(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 the fatal railway accidents occurring on rail systems outside the national railway infrastructure network; Two persons from the TCDD, two persons from the relevant rail system operator and three persons from the Ministry shall arrange an accident report and a report will be 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 phrase N Railways ve in the in B- ECONOMIC INSTITUTIONS (JCC) Kamu section of 8 / 6 / 1984 dated 233 and annexed to the Decree Law No. 4 has been changed to N Railways N and X In the Subsidiaries ”section” XNUMX. 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) TCDD Taşımacılık A.Ş. is one of the references to TCDD in other legislation.
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) TCDD is determined by TCDD Board of Directors and all other vehicles, equipment and devices related to the personnel to be transferred from TCDD to TCDD Taşımacılık A.Ş. Personnel personnel and positions, tools, devices and devices are deemed to be transferred to TCDD Taşımacılık A.Ş.
b) TCDD Tasimacilik AS is responsible for the transactions and contracts signed by TCDD regarding the personnel, tools and devices transferred under the sub-paragraph (a). becomes a party. TCDD Taşımacılık A.Ş. (TCDD Taşımacılık A.Ş.) has started the proceedings against the TCDD in favor of and against the TCDD. he gains the title of spontaneous party. The lawsuits to be filed due to the works and transactions performed by TCDD prior to the entry into force of this article regarding such matters shall be directed to TCDD Taşımacılık A.Ş.
c) The transferred assets have been transferred to TCDD Taşımacılık A.Ş. the subsidiary is recorded as paid-in capital. TCDD Transportation Inc. in the balance sheet, the share of TCDD is deemed to be recorded as paid in kind.
d) Those related to the immovables of TCDD are determined by the TCDD Board of Directors and allocated to TCDD Taşımacılık A.Ş. for a period of ten years.
(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 Transportation Inc. TCDD will continue to carry out the duties assigned to TCDD Taşımacılık A.Ş.
PROVISIONAL ARTICLE 2- (1) TCDD's 31 / 12 / 2012 loan to the Treasury, bonds and foreign loans, including all kinds of interest and delay on the debts of the Unpaid capital of TCDD to offsetting, the Undersecretariat of Treasury on the proposal of the Minister The Minister of Finance is authorized.
PROVISIONAL ARTICLE 3- (1) As of the date of entry into force of this Law, TCDD has limited the year end of the fifth year;
a) Financing of investments other than those specified in 5,
b) Financing explained in the maintenance and repair budget,
c) The deficiencies due to the transfer of capital to TCDD TAŞ.
(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) TCDD shall be transferred to TCDD TAŞ.
Support of TCDD Transportation Inc.
PROVISIONAL ARTICLE 4- (1) As of the date of entry into force of this Law, TCDD Taşımacılık A.Ş.
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) Retirement bonuses of those who apply for retirement within one month from the date of entry into force of this Law from those who are entitled to pension from personnel subject to the (I) and (II) annexes of the Decree Law no. 399 employed in TCDD, as of 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 in 40.
(3) A retirement date cannot be shown as a date of retirement in accordance with this article. In this context, the retired personnel cannot be employed in TCDD and TCDD Taşımacılık A.Ş.
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 CONSULTING
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.
In our country, the share of railways in passenger transportation is 1950 in 42, while 68 levels are in 2012 and 1,5-4,5 levels are in XNUMX. In addition to increasing the large investments made in the rail sector in recent years, it will be possible to change this uneven change in favor of the highway in favor of the railways with the regulation of the sector and 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, needs to be restructured in all the railway and railway operations activities that are still transferred to it.
In line with the EU legislation, it is foreseen that the state-owned enterprise (GCC) and its subsidiary model will be used in order to open the railway sector to competition and to structure the TCDD as the infrastructure operator and train operator. With this model, it is aimed to provide convenience and public support in terms of compliance and coordination between operators, security, administrative structure, personal rights and status of personnel.
For this purpose, TCDD is restructured as a railway infrastructure operator, no changes are made in its current legal status, and it continues to exist as a state-owned economic organization (GCC) on State Economic Enterprises (233). As the public train operator of the public; TCDD trains subject to the Decree Law No. 233 divided by the relevant departments in the company and a subsidiary of Republic of Turkey TCDD 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- The definition of some of the concepts contained in the Law is defined by the Article. The name of the public railway operator, known as a company belonging to the railway company will provide the national and international advantages due, the Republic of Turkey railways Transport Joint Stock Company (TCDD Transport Inc.) is arranged.
ARTICLE 3- The task frame of the TCDD is redefined because of the restructuring of the infrastructure and train operation tasks. The current national rail network infrastructure management task is currently being carried out by TCDD and TCDD is the only public institution with experience in this field. TCDD's ongoing experience in the field of railway infrastructure will continue to meet the safety and economic requirements and will ensure the uninterrupted and safe transportation of railways during the restructuring process. For these reasons, TCDD is designated as a public railway infrastructure operator.
In determining the tasks of infrastructure operators, the commercial and safety characteristics of the tasks are taken into consideration. According to this; As it is directly related to safety, the right and duty to manage the railway traffic on the whole national railway infrastructure network has been monopolized to TCDD. The tasks such as new railway construction, maintenance and repair of existing lines, operation of railway, 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 carry out the duties to be determined in its main status.
ARTICLE 4- TCDD is structured as a railway infrastructure operator and no legal amendments are made to the existing legal status and continue to exist as a GCC subject to the Decree Law no. 233. As the public 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- Investments mentioned in the article are infrastructure investments which, due to their nature, require enormous financial resources and cannot be covered by profit provided within commercial principles. Such investments are a result of the obligations of states to make infrastructures. In our country, large rail infrastructure investments have been made in recent years. Only 2009 billion TL in 1,3, 2010 billion TL in 2,4, 2011 billion TL in 2,7, and 2012 billion TL investment in 2,7 are expected to be realized by TCDD only. 100 billion TL investment is planned in the next ten years. Even in the countries where the railway transportation market is liberalized, particularly in EU member countries, all of the railway investment, maintenance and repair and traffic management costs are supported directly by the government. The line allocation revenue of the infrastructure business is sufficient to finance the operating budget.
In accordance with the provisions of the Decree Law No. 233, all of the capital of the State, goods and services of public interest to produce a PIF which produces TCDD's new railway construction, modernization, renewal and improvement of the existing rail infrastructure investments from the central budget to be allocated to the budget of the Ministry editing is done.
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 abolish the monopoly of TCDD in the train operation activities and to liberalize the railway transportation and open to competition. With the article, parallel to liberalization, public legal entities other than TCDD and private sector joint stock companies are allowed to become railway train operators on 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- across Turkey TCDD use in mxnumx total 315.918.967 2 mxnumx's of immovable property which is available TCDD, the property is owned by the Treasury of 281.796.322 mxnumx's.
There may be conflicts between the TCDD and the Ministry of Finance regarding the use of immovable property owned by the Treasury. There are a number of lawsuits filed with respect to immovable property due to men-i intervention, civil service, deed cancellation and registration, construction and cadastral disputes. In the cases filed, there are problems due to the lack of ownership of TCDD. In order to prevent such problems, the ownership of these immovable properties is given to TCDD by taking into account their characteristics.
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 Transportation Inc. as the subsidiary of TCDD, the issues related to the processing of 233 and 399 Decree laws are regulated.
TCDD's purchases of goods and services from its subsidiaries are included in the exemption under the Public Procurement Law numbered 4734. TCDD Taşımacılık A.Ş., which was established by the TCDD, is also exempted from the TCDD and the purchases of goods and services from other subsidiaries of TCDD are included in the exemption.
In addition, with the substance, as rail train operator TCDD Transportation Inc. since it has been established, the references to TCDD will be deemed to be made to TCDD TAŞ.
PROVISIONAL ARTICLE 1- TCDD's units related to train operation are separated and TCDD Taşımacılık A.Ş. TCDD and TCDD Taşımacılık A.Ş. It is aimed to ensure that this distinction is made in a healthy way by authorizing the TCDD Board of Directors to identify those related to.
Within this framework, it is foreseen that TCDD will transfer the vehicles, equipment, rights, receivables, debts and liabilities related to the field of activity of TCDD.
TCDD properties are related to; In order to prevent the interruption of TCDD's departure from TCDD, TCDD Transportation Inc. is allocated to this subsidiary for a period of ten years by taking into consideration the competitive environment.
The Minister is authorized to resolve disputes that may arise in transfers and allocations.
PROVISIONAL ARTICLE 2- To ensure the sustainability of the realization of the railway transportation in the competitive environment; In order to provide adequate maintenance of the infrastructure to be provided to the train operators by the infrastructure operators, to take the necessary safety measures, to make the optimum use of the existing capacity, to create additional capacity and to keep the infrastructure fees at affordable levels, the infrastructure operators must be financially strong and liable. For this reason, the Ministry of Finance is authorized to set off the debts of the TCDD to the Treasury as of 31 / 12 / 2012 in order to eliminate the debt burden arising from past activities of TCDD.
PROVISIONAL ARTICLE 3- Since the infrastructure management and railway operations are carried out by TCDD together, financing deficits are met as a whole. In the new structuring, the basic revenues of TCDD as the infrastructure operator; In return for the use of the railway infrastructure, it will consist of the fees to be collected by the train operators and the supports to be provided by the State.
Other types of transport and competitiveness of railways should be taken into consideration in determining the infrastructure usage fees, which are the main operating income of TCDD. Therefore, these fees should be at the level that the railway transportation market can handle. Otherwise, the infrastructure usage fees will be very high if all infrastructure usage fees are initially determined within commercial principles. This will adversely affect train operations from the outset, significantly reduce the demand and eliminate the rationale for restructuring.
In addition, due to the fact that high-speed train lines will earn the infrastructure usage fee for TCDD, and that it is expected to reach sufficient size in only five years time, there is no potential for sufficient infrastructure usage fee income.
For these reasons, TCDD is expected to be supported during the transition process.
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, it is envisaged that TCDD Transportation Inc. will be supported in the transition process.
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 new competitive market. With the article, in order to determine the required number of positions and personnel more efficiently, the retirement bonuses are paid in excess of the rates specified in the article.
ARTICLE 12- Effective clause.
ARTICLE 13 - Execution substance.
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