REPUBLIC OF TURKEY
PRIME MINISTRY
PRIVATIZATION ADMINISTRATION
PRIVATIZATION OF TCDD PORTS
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LEGAL FRAMEWORK
Constitution Law
Utilisation of the Coasts
ARTICLE 43.
The coasts are under the sovereignty and disposal of the state.
In the utilisation of sea coasts, lake shores or river banks, and of the coastal
strip along the sea and lakes, public interest shall be taken into consideration
with priority.
The width of coasts, and coastal strips according to the purpose of utilization
and the conditions of utilization by individuals shall be determined by law.
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LEGAL FRAMEWORK
Coast Law dated 4/4/1990 no. 3621
Coasts and the lands acquired through filling and reclamation are under the
provision and protection of the State. In the context of utilization of the coasts and shores,
public interest is considered first. Coast is open to use of everyone on a free and
equitable base, no building can be constructed here; walls, hedges, bars, yarns,
trenches, piles or similar blocks can not be used here.
The Coast Law covers the seas, natural and artificial lakes, and streams and
shorelines, opportunities and provisions of using these facilities for public-interest, the
procedures for planning and construction in the coasts and shores, acquisition and use of
land by filling and reclamation. Article 6 of the Coast Law defines the only coastal
structures which is to be construct at the shores.
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LEGAL FRAMEWORK
Privatization Implementations Law No . 4046, Adopted on 27 November 1994,
Miscellaneous Provisions
Article 37. – (Amended by Law No: 4105 of 27.4.1995) With respect to Privatization applications:
a)
The organizations included in the privatization program according to the provisions of this Law are subject to
special law provisions, but provisions of their own establishment laws, if any, and other provisions of laws
conflicting with this Law and provisions of Decree No. 233 with the Force of Law conflicting with the rules and
provisions of this Law, shall not be applicable to them. However, the provisions of Law No: 815 on Marine Shipping
on Turkey's Coasts and Doing Business and Trading within the Limits of Turkey's Ports and Territorial Waters dated
19/04/1926; and provisions of Article 823 of Law No: 6762 on Turkish Commerce dated 29/06/1956 are preserved.
Privatization of ports through transfer of ownership is not allowed and only actual persons and/or legal
entities of Turkish nationality can take advantage of the privatization of ports by methods other than
transfer of ownership. For the company to take advantage of this right: it must be registered in the Turkish
Registry of Commerce; it must not have a foreign capital share of over 49 %, Turkish citizens authorized to direct
and represent the company must comprise the majority of the relevant personnel and Turkish citizens must have a
voting majority as stipulated in the company master agreement.
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LEGAL FRAMEWORK
Privatization of Public Services
Article 15. – Notwithstanding the provisions of Article 1 hereof, providing that separate laws will be adopted for
privatization of public service organizations through transfer of ownership,
a)
Administrations with national and supplemental budgets and properties, goods and services production
units and assets (dams, lagoons, highways, hospitals, ports and other similar goods and services production units)
of their affiliate organizations with revolving capital,
b)
The Public Economic Organizations and their subsidiaries, associates, operations and operational units
offering public services and producing goods and services as a monopoly as described in paragraph (B) of Article
35 hereof, shall be privatized under the provisions of this Law through the transfer of operational rights, leases or
similar methods not requiring transfer of ownership.
The goods and services production of organizations with national and supplemental budgets and of
their associated organizations with revolving funds that are in the form of a monopoly only and the goods and
services production of Public Economic Organizations that are in line with their original establishment tasks, will be
accepted as concessionary activities. Activities falling outside of those stated herein above are deemed to be
concessionary activities. Agreements and contracts to be executed in relation with the activities deemed as
concessionary in accordance with the provisions of this Article, are in the form of concessionary agreements and
contracts, with the special provisions of other Laws pertaining to these issues being reserved. Duration of rights to
be granted under this Article through transfer of operational rights, lease or other similar methods, may not exceed
5
49 years.
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LEGAL FRAMEWORK
Pursuant to the Article 155 of the Constitution Law and
Privatization implementations Law, the final draft of the Concession
Agreement submitted to the opinion of the Council of State after
being initialled by the parties.
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TCDD PORTS
Derince
Black Sea
Samsun
Aegean Sea
Bandırma
İzmir
Mediterranean Sea
Mersin
İskenderun
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PRIVATIZATION OF THE TCDD PORTS

Mersin, Izmir, Samsun, Bandırma, Derince, Iskenderun Ports of the TCDD
have been transferred to Privation Administration by PHC Decision on
30.12.2004.

Privatization method of TCDD ports has been determined as transfer of
operational rights.
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PRIVATIZATION IMPLEMENTATIONS
LİMAN ADI
PROCEEDS
($US)
Mersin Port
MIP-Mersin International Port Management
Inc.
755.000.000
Samsun Port
Samsunport International Port Management
Inc.
125.200.000
Bandırma Port
Celebi Port of Bandırma Inc.
175.500.000
İskenderun Port
LIMAK Iskenderun International Port
Management Inc.
372.000.000
Derince Port
Coastal engineering and zoning plan studies are ongoing.
İzmir Cruise Port
Bidding date is 7 September 2012.
İzmir Container Port
Zoning plan studies are ongoing.
TOTAL PROCEEDS
CONTRACTING
DATE
11 May 2007
30 December 2011
1.427.700.000