Endüstri Bölgeleri Yönetmeliği (İngilizce)

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(Published in the Official Gazette No. 25672 dated December 16, 2004)
PART ONE
General Provisions
Purpose
Article 1- The purpose of this Regulation is to lay down rules for the establishment, management
and operation of industrial zones .
Scope
Article 2- This Regulation governs the establishment, duties, and operation of Industrial Zones
Coordinating Committee and Directorate for Operation of Industrial Zones carrying out necessary prestudies
for site selection, expropriation, tendering processes, plans and projects and infrastructure of
industrial zones, management and operation, uses of the budget allocated, the authorization for
investment, the way to follow for individual investments, declaration of existing organized industrial
zones as industrial zones , establishment of private industrial zones, methods and principles pertaining
to determination of easement fee and supervision by the Ministry and other principles related to
implementation of the Laws.
Basis
Article 3 - This Regulation is prepared based on the Article 5 of the “Industrial Zones Act and Act for
Amendments in the Organized Industrial Zones Act” No. 4737, 9/1/2002 amended by the Act No.
5195, 22/6/2004 “Amendments on the Industrial Zones Act” .
Definitions
Article 4- For the purposes of this Regulation ;
Ministry: shall mean the Ministry of Industry and Trade,
General Directorate: shall mean the Directorate for Crafts and Industrial Zones and Estates.
Act shall mean Industrial Zones Act No. 4737.
Industrial Zone (Zone): shall mean the manufacturing zones to be established within the scope of
the Act in order to promote investments, attract savings of Turkish laborers working abroad to the
investments in Turkey, and increase the flow of foreign capital into Turkey .
Industrial Zones Coordinating Committee ( Committee ): shall mean the committee which is
established for the purpose of determining industrial zones sites and carrying out other duties
determined by the Act ,
Chamber: shall mean the related Chamber of Industry or Industry and Trade within the borders of
the province where the industrial zone is established.
Directorate for Operation of the Industrial Zone (Directorate for Operation): shall mean the
organization responsible for management and operation of the industrial zone and which will be
established under the body of related Chamber of Industry or Industry and Trade within the borders
of the province for each zone .
Organized industrial zone (OIZ): shall mean manufacturing zones for goods and services,
established under the Act No. 4562 ,
Private industrial zone: shall mean the industrial zones where industrial facilities are established,
which are possessed by natural or legal persons and may be declared as such in accordance with the
provisions of this Regulation,
Specialized Industrial Zone : shall mean the zones which contain the same sections and use one
of the advanced technology sectors stated in development plans such as information technology,
medical technology, and agricultural industry and enhance research and development activities ,
Individual investment site: shall mean the site which may be allocated for investments which use
advanced technology sectors stated in development plans and meet certain criteria in the event that a
demand is made by local and /or foreign investors .
Health Protection Zone shall mean the area where settlement is not allowed, which is to be
confined to the proprietary boundaries of industrial zones under the Public Health Act No. 1593,
Information Form : shall mean the form whose format is determined by the Ministry and which
shall be filled by the organizations and institutions who apply for establishment of an industrial zone or
who want to invest in an established industrial zone,
Feasibility Report : shall mean the report whose format is determined by the Ministry and which
shall be filled by the organizations and institutions who apply for establishment of an industrial zone
and that includes information related to field of production, amount of investment, foreign and local
capital structure, investment financing, employment and added value to be provided, the
characteristics of technology to be developed/transferred, exchange profit in exporting, exchange
savings due to import substitution, investment profitability and return period of the investment, and
the reasons for establishing the industrial zone in that particular region ,
Threshold analysis : shall mean the analysis done by means of drawing the information related to
investment at present/ construction/project stage of various public and private institutions and
organizations on a 1/100.000 or 1/25.000 scaled topographic map for the purpose of determining
alternative sites to establish industrial zones.
Alternative site: shall mean the site that has the appropriate characteristics for establishment of an
industrial zone,
Determined Site: shall mean the area which is proposed to Industrial Zones Coordinating
Committee as an industrial zone,
Site Selection Study Report: shall mean the report prepared as a result of a field study conducted
to determine areas appropriate for establishment of an industrial zone,
Summary Evaluation Report: shall mean the report which contains de::blocked::ive information related
to the most appropriate site that is proposed by the Ministry to the Committee and which summarizes
the information given in the information form and the feasibility report prepared by the institutions
and organizations who demand establishment of industrial zone and the information given in the site
selection report prepared by the Ministry ,
Environmental Impact Assessment (EIA) report shall mean the report required to be drawn up in
accordance with the Environment Act No. 2872 ,
Instructions for Settlement and Construction: s hall mean the instructions to be specified by the
Ministry to determine the standard construction conditions such as building ratios, construction
distance, height, parcel order, façade width, and parcel depth to be used for construction plan studies
within the area determined as industrial zone.
Investor : shall mean natural or legal person who plans to run an industrial facility in the industrial
zone.
Participation Share: shall mean the amount to be determined by the Council of Ministers, which
shall be up to 0,5% of the fixed amount of investment the applicant is to use for the investment,
Fixed amount of investment : shall mean the sum of items spent for investment such as land cost,
survey and project expenses, excavations and preparatory buildings, building construction expenses,
machinery and equipment expenses for main plant and supplementary facilities, import and customs
expenses, transportation and insurance expenses, expenses related to assembly, vehicles, expenses
for starting operation, general expenses and other expenses, which are stated in information form to
be prepared for investment.
HV-LV: High voltage , low voltage.
PART TWO
Application, Site Selection, Announcement and Financing
Application
Article 5 – The Ministry may propose establishment of industrial zones acting upon applications of
institutions and organizations or relying on its own capacity, in order to ensure development of
national economy and technology transfer, boost production and employment, promote investments,
increase flow of foreign capital into Turkey and attract savings of Turkish laborers to the investments
in Turkey.
Institutions and organizations who apply for establishment of an industrial zone shall submit; the
detailed information form whose format is determined by the Ministry, and the Feasibility Report that
includes information relevant to field of production, amount of investment, foreign and local capital
structure, investment financing, employment and added value to be provided, the characteristics of
technology to be developed/transferred, export exchange profit, exchange savings due to import
substitution, investment profitability and return period of the investment, and reasons for establishing
the industrial zone in that particular region, with the approval of the governor and written notice of
the relevant Chamber containing information about establishment of an operational directorate on
approval of governor, to the Ministry.
Following the approval upon examination of the application forms and feasibility reports by the
Ministry, site selection study is carried out by the Ministry . If the concerned information forms and
feasibility reports are not considered appropriate , the applicant shall be informed about this situation
in writing.
In the event that an industrial zone is established by the Ministry relying on its own capacity, related
feasibility report shall be prepared by or made prepared by the Ministry. Site selection studies shall be
carried out, upon the decision of the Ministry related to the establishment of industrial zone as a result
of the feasibility report. If, as a result of the feasibility report, establishment of an industrial zone is
found inappropriate, site selection studies shall not be carried out.
Site Selection and Its Stages
Article 6-Site selection consists of the following stages; other stages may be added if needed :
a) Preparation of threshold analysis map and realization of site selection studies in the field,
• Evaluation of alternative fields.
c) Proposing an area to the Committee as a zone location.
Preparation of Threshold Analysis Map
Article 7- The following information and documents shall be provided from central and/or local offices
of related public and private institutions and organizations for the places where a zone is to be
established and threshold analysis map shall be prepared by painting on 1/100.000 or 1/25.000 scaled
topographic maps .
a) From the Ministry of Public Works and Housing ; In accordance with the Reconstruction Act No.
3914- 3/5/1985 , and the Act No.7269-15/5/1959 concerning the assistance done through measures
taken due to disasters affecting public, the Act No. 3830-1/7/1992 and amended Coast Act No. 3621-
4/4/1990 and concerned regulations and other related legislation; coast side lines, filling plans,
adjacent area, environment settlement plan , reconstruction plan and information and/ or map related
to construction- restricted sites, sites exposed to disaster risk and danger such as flood, avalanche,
and rock fall , the seismic zone of the site; sites and zones protected within international agreements;
plans and projects carried out,
b)From the Ministry of Health; Plans and projects that are prepared and carried out for the purpose of
protecting environment and public health, in accordance with Public Health Act No.1593- 24/4/1930
and other relevant regulations and legislation thereto;
c) From the Ministry of Transportation; Railways, harbors, and airports already existing or under
construction, airport obstacle plans and other plans and projects prepared and carried out ,
d) From the Ministry of Agricultural and Rural Affairs: Information and/or map related to the water
products raising and production fields, 1 st and 2 nd class dry agricultural fields and 1 st , 2 nd , 3 rd ,
and 4 th class irrigated agricultural fields, pastures planned for community parceling, special product
fields, ponds, irrigated fields and drainage facilities as well as other plans and projects prepared and
carried out;
e) From the Ministry of Energy and Natural Resources, General Directorate for Mineral Works;
Information and/or map related to licensed fields which are subject to Mining Act and areas for
quarries, sand and other construction materials . Information and/or map and other plans and
projects prepared and carried out in relation to the Act No. 2840 -10/6/1983 governing the processing
of Boron Salts, Trona and Asfatit Minerals and Nuclear Energy Raw Materials and Return of Some of
the Lignite and Iron Fields and Mining Act No. 3213- 4/6/1985 governing processing of boron salt .
f) From the Ministry of Culture and Tourism; Information related to present natural, urban,
archeological, and historical sites, culture and tourism preservation and development zones and
tourism centers and sites with tourism potential .
g) From the Ministry of Environment and Forestry: 1/100.000 or 1/25.000 scaled maps of forests and
afforested areas, national parks; species, fields and zones that are preserved under existing Acts and
International Conventions. Pollution-sensitive areas defined in Preservation of Air Quality Regulation
published and put into force in the Official Gazette No. 19269 on 2/1 1/1998, strategic environmental
assessment areas, environmental arrangement plans (if any) and other plans and projects planned
and carried out.
h) From the General Directorate of State Hydraulic Works: Information and/or map related to
existing/under construction/at project stage irrigation fields, lakes, ponds, dam, dam reservoirs, rivers,
underwater resources, water collecting basin border of potable and utility water resources and their
absolute, short, medium and first and second part long distance protection borders stated in Water
Pollution Regulation published and put into force at the Official Gazette No. 19919 on 4/9/1988, other
plans and projects, planned and carried out.
i) From the General Directorate of Highways: Roads and bypasses which exist or which are at
planning or construction stage; other plans and projects prepared and carried out.
j) From the General Directorate of State Meteorology Works; Dominant wind direction, and other
meteorological data; other plans and projects prepared and carried out.
k) From the General Directorate of Turkish Electricity Distribution Co. (TEDAŞ), Turkish Electricity
Generation-Transmission Co. (TEİAŞ) and Turkish Electricity Generation Co . (EÜAŞ) and from their
Affiliates or Assigned Companies; Information and/or map related to energy transmission lines and
energy facilities which exist or which are under project or construction stage, other plans and projects
planned and carried out
l) From the General Directorate of Mineral Research and Exploration: Information and/or map, for
places which have unlicensed mineral deposits, geothermal water resources, geological structures,
fault lines, and other places where unique geological and geomorphic structures exist; other plans and
projects planned and carried out.
m) From the General Directorate of Pipelines and Petrol Transportation Joint-Stock Co. (BOTAŞ):
Information and/or map related to existing pipelines or pipelines under construction or under project;
other plans and projects planned and carried out.
n) From the Presidency of Special Environment Protection Institution: Information and/or map related
to special environment protection zones and related environment arrangement plans and notes; other
plans and projects planned and carried out.
o) From the Chairmanship of South Anatolian Development Project (GAP) Regional Development
Administration; Information and/or map with regard to master reconstruction plans, environmental
arrangement plans, and notes, other plans and projects planned and carried out
p) From related municipalities and/or governorships; Information and/or maps with regard to
administrative, development, and contiguous area borders , reconstruction plans and notes, plans and
notes prepared for existing industrial facilities or facilities under project or construction, waste water
treatment plants, solid waste landfill, places where industrial facility construction is prohibited by other
legislation, places that are bound by State authorization and places that are allocated to private
institutions and organizations for certain purposes; other plans and projects planned and carried out.
r) From the General Directorate of Electricity Works and Study Administration: Information related to
plans and projects concerning dam and hydroelectric power plants planned and carried out and other
plans and projects.
Pursuant to written or verbal application of the members of the Ministry, necessary information,
documents, maps and plans for preparation of threshold analysis are provided by related public and
private institutions free of charge within 3 (three) working days.
Benefiting from threshold analysis map, alternative sites available for establishment of a zone shall be
determined and examined on site.
Evaluation of Alternative Sites
Article 8 - Alternative sites in the required size are determined to include extension areas and health
protection zone on the basis of article 5, their properties are stated as below, a map at a convenient
scale is prepared by processing the content of article 7, their photographs are taken or recorded by a
video camera.
• Location,
• Distance from the city center and its direction,
• Other settlements around the site (village, town), distances and directions,
d) Area,
e) Proprietary and cadastral state and approximate land cost,
f) Its position with respect to highway, railway, airway and maritime line infrastructure, and
approximate cost of the nearest highway connection ,
g) Potable and utility water and electricity power needed, supply sources and estimated supply cost,
h) Approximate waste water and solid waste amount, availability of receiving environment for its
disposal, and estimated cost for disposal ,
i) Classes of land use capability, current land use state, existing and planned situation of the
surrounding land,
j) Its location with respect to administrative, development, and c ontiguous area borders,
k) Usage function with respect to environmental adjustment plan, if any,
l) Slope and direction of slope,
m) Seismic line location,
n) Effects on settlement areas, agricultural lands, and water resources a s regards the dominant wind
direction,
o) Its position in terms of expansion capacity, availability of area for settlement and supplementary
industry and other supportive and service units .
p) Its location with respect to places such as special environment protection zones, national
preserves, national parks, natural monuments and areas that should be preserved in accordance with
international agreements,
q) If drainage is required,
r) Flooding potential,
s) Its location with respect to underground and surface potable and utility water resources.
A summary evaluation report describing the settlement and the best site to be proposed to the
Committee shall be prepared on evaluation of alternative areas regarding their properties .
Proposal of an Area as Zone Location to the Committee
Article 9- Pursuant to the submission of feasibility study, information form, and other information and
documentation required by the Ministry along with the application, site selection process related to the
applications which are found appropriate by the Ministry, shall be completed within three months and
submitted to the Committee. Necessary examinations shall be carried out by the members of the
Committee.
Declaration of the zone
Article 10- In the event that proposed area is found appropriate by the Committee, it is submitted to
the Council of Ministers upon the approval of the Minister, and industrial zone area shall be
ascertained upon publication of the Council of Ministers' Decree in the Official Gazette. The border of
the area that is determined by the Committee and submitted to the Council of Ministers shall be
approved as the borders of the zone.
Disapproval of the Proposed Area by the Committee
Article 11- The committee may not approve the zone establishment for the proposed area or
nominated settlement area upon evaluations.
If the proposed area is disapproved as a zone by the Committee, other alternative areas examined
during site selection study shall be evaluated by the Ministry . If nominated settlement is disapproved,
this decision shall be reported to the applicant institution or organization with the explanatory
Committee decision.
Funding
Article 12- Following declaration of an area as an industrial zone, appropriations shall be included in
the investment programme of the Ministry upon the Council of Ministers' Decree. Expropriation costs
and expenses related to the infrastructure necessary for establishment of an industrial zone and the
expenses for the items listed under Article 47 shall be met through the mentioned funding.
PART THREE
Expropriation and Tendering Process
Expropriation
Article 13- Privately-owned lands and plots of lands within the zones shall be acquired by
expropriation. The Ministry shall do and cause to be done the expropriation. Acquired lands shall be
transferred to the Treasury. Where required, urgent expropriation may be carried out in accordance
with the article 27 of Act No. 4650-24 4/2001 and amended Expropriation Act No. 2942-4/11/1983.
Real property thus acquired shall be registered in the name of Treasury .
Real properties located within the zone and registered in the name of Treasury at land register, as
well as land at disposal of the state shall be allocated as industrial zone by the Ministry of Finance. In
addition, areas outside the zone but that should be used for the purpose of infrastructure such as
transformer or road connection shall also be expropriated and registered in the name of Treasury .
Easement may be provided at the investors' advantage on real property registered in the name of
Treasury and other real properties already at the property of Treasury within the boundaries of the
zone. Easement shall be for the period specified in the contract; in return for payment, if the
expropriation was funded from the Ministry's budget; free of charge, if the expropriation was funded
by the investors. All procedures related to easement are carried out by the Ministry of Finance.
Tendering process
Article 14- All procurement of goods or services and tenders for studies, projects, and infrastructure
construction at the industrial zones shall be carried out by the Ministry in accordance with the Public
Procurement Act No. 4734- 4/1/2002 and Public Procurement Contracts Act No.4735- 5/1/2002 and
related legislation put into force within the framework of these Acts.
PART FOUR
Principles for Development of Reconstruction Plans
Planning Borders
Article 15- Industrial Zone reconstruction plan border shall be passed over the border stated in
article 10 and finalized by adaptation on 1/5000 scaled cadastral section or land registration sections .
Topographical Survey Map Drawing
Article 16- Topographical Survey Maps are prepared in four copies in accordance with “Special
Technical Terms” for preparation of maps prepared by İller Bank within the framework of provisions of
Large-Scale Map Drawing Regulation that was published and put into force in the Official Gazette No.
19711 of 3 1/1/1988 . Office and field controls of the documents of location control points shall be
carried out by the Ministry ; if found appropriate, it shall be controlled by the authorized members of
concerned Directorate of Cadastre or General Directorate of Land Registration and Cadastre . Current
maps shall be approved by the Ministry pursuant to the completion of technical controls.
Geological and Geotechnical Study
Article 17- Pursuant to the preparation of topographical survey maps of Industrial Zones, geological
and geotechnical study report shall be prepared within the framework of Technical Conditions for
Geological and Geotechnical Study of the Ministry, and shall be approved by the related institution.
Geological and geotechnical study report will be the basis for the reconstruction plan.
Scale of the Reconstruction Plan
Article 18- Industrial zone reconstruction plan shall be prepared in two stages as 1/5000 scaled
master reconstruction plan and 1/1000 scaled implementation reconstruction plan. Reconstruction
plans are considered integral with plan definitions report and annexes. 1/1000 scaled reconstruction
plan shall be the basis for implementation.
Preparatory Studies for the Reconstruction Plan
Article 19- In the period of plan preparation process, threshold analysis that constitute the basis for
the selection of the Zone and the views of the institutions attending the Committee, geographical and
demographical properties of the region, properties of planned investments, if investors are predefined,
shall be examined and preliminary information and documentation shall be prepared and
submitted to the Ministry by the planner in accordance with the technical principles stated in
Regulation Related to the Principles of Plan Preparation published and put into force in the Official
Gazette No. 18916 of 2/11/1985 .
Preparation of Reconstruction Plans
Article 20- Structural conditions in industrial zones shall be determined in accordance with
"Instructions for Settlement and Development ” prepared by the Ministry. Health protection zone
determined within the framework of the protocol between the Ministry of Health and the Ministry shall
be put in 1/5000 and 1/1000 scaled reconstruction plans and notes .
Pursuant to declaration of individual investment sites and registration of land in the name of Treasury,
the investor shall file an application with the Ministry. Topographical Survey Maps, geological and
geotechnical studies, necessary preliminary information-documentation constituting the basis for the
reconstruction plan and master and implementation reconstruction plans shall be prepared by the
planner and submitted to the Ministry by the investor .
At the industrial zones transformed from OIZ; vested interests due to approved and valid
reconstruction plans are maintained unless cancelled by revised reconstruction plan. Health protection
zone to be placed if needed shall be determined in accordance with the requirements of the protocol
with the Ministry of Health and recorded in the reconstruction plans and notes.
Approval of the Reconstruction plan
Article 21- Reconstruction plans prepared by the planner in accordance with “Instructions for
Settlement and Development” related to the structural conditions of the zone and Regulation Related
to the Principles of Plan Preparation published and put into force in the Official Gazette No. 18916 of
2/11/1985 shall be submitted for approval to the Ministry.
Plans that are found appropriate by the Ministry shall be approved and put into force. One copy of the
finalized reconstruction plans shall be sent to relevant institutions for information .
Amendments to Reconstruction Plan and Approval
Article 22- Approval and distribution of the amendments made to the Reconstruction Plan shall be
carried out as outlined in the Article 21 .
Tracing the Parceling Plan Arrangement Border
Article 23- An arrangement border is determined in accordance with implementation reconstruction
plan approved by the Ministry within the entire reconstruction plan in the stage border, if any.
Obtaining Land Register Records and Maps
Article 24- Cadastral land registration records, and if any, reconstruction plan land registration
records within the arrangement field shall be taken from the Directorate of Land Registration Office by
the planner. Section samples, technical information and documents shall be provided from Directorate
of Cadastre .
Methods of Reconstruction Implementation
Article 25- Arrangement of the land within the reconstruction plan in accordance with final
reconstruction plans of industrial zones whose expropriation procedures are completed and where
land is registered in the name of Treasury, shall be carried out in accordance with the article 18 of
Reconstruction Act No. 3 194 .
Approval and Entry into Force of the Parceling Plan
Article 26- Parceling plans and annexes thereto shall be prepared in accordance with the Large-Scale
Map Drawing Regulation published and put into force in the Official Gazette No.19711 of 31/1/1988
and the Regulation about Maps and Plans subject to Registration that was published and put into
force in the Official Gazette No. 14617 of 6/8/1973 and shall be put into force upon approval of the
Ministry .
Control and Registration Procedures
Article 27- Pursuant to the control of local Directorates of Cadastre, parceling plans shall be
registered by local Directorates of Land Registration. Approved copies of registered parceling plans
shall be sent to the Ministry.
Changes in Parceling plans, Unification and Allotment
Article 28- Two or more industrial parcels allocated for the investor may be unified. Minimum parcel
size determined by approved reconstruction plans of industrial zones shall be taken into account with
respect to the industrial parcel sizes due to allotment. Parcel unification and allotment procedures
shall be put into force upon approval of the Ministry.
Non-specified Issues
Article 29- Non-specified matters relevant to the development, revision and changes of
reconstruction plans, parceling and changes thereto shall be subject to the principles of the
Reconstruction Act No. 3194-29/06/2001 and related Regulations excluding spatial standards, and
constructions in the zone shall be subject to the principles of Construction Audit Act No. 4708-
29/06/2001.
PART FIVE
The Principles for Preparation and Implementation of Projects
Preparation and Approval of Projects
Article 30- Infrastructure projects such as road, waste water, rain water, potable and utility water
related to industrial zones shall be prepared in accordance with the principles and methods
determined by the Ministry and approved by the Ministry . Projects for HV-LV electricity, energy
transmission line, communication, natural gas and wastewater treatment plants shall be endorsed by
the Ministry pursuant to the approval of authorized institution.
Projects in Individual Investment Sites
Article 31- Infrastructure and superstructure projects shall be prepared by the applicant and
approved by the Ministry at the individual investment sites . Respective licenses and authorizations
shall be submitted in accordance with principles and methods concerning license and authorization
procedures prepared by the Ministry after the approval of the projects.
HV-LV electricity, energy transmission line, communication, natural gas and waste water treatment
and shipyard projects shall be endorsed by the Ministry after the approval of authorized institution.
Projects at the Industrial Zones Transformed from Organized Industrial Zones
Article 32- Infrastructure projects such as road, waste water, rain water, potable and utility water,
and their revisions at the industrial zones that are transformed from OIZ's shall be approved by the
Ministry.
Construction Works
Article 33- Approximate cost of tendering procedures, site delivery, work programme, starting and
completion of work, development of progress reports and payments, price difference, time extension
and fund transfer, increase or decrease of the works, penalties, guarantees, delivery of the works ,
inspection and acceptance procedures , construction audit, assignment, issues related to termination
and liquidation, works and procedures such as final accounting procedures shall be carried out in
accordance with the Public Procurement Act No. 4734 – 4/1/2002 and relevant legislation.
Supervision Services
Article 34- Land supervision and infrastructure construction controls of the projects at the industrial
zones shall be carried out by the Ministry or shall be outsourced.
PART SIX
The Committee and Directorate for Operation
Formation of the Committee
Article 35- The Committee acting under the Presidency of Undersecretary of the Ministry shall consist
of one representative, at the minimum level of Director General, from ministries of Finance, Public
Works and Housing, Agricultural and Rural Affairs, Environment and Forestry, from Undersecretariats
of Treasury and State Planning Organization and one representative from Turkish Union of Chambers
and Commodity Exchanges .
Tasks of the Committee
Article 36- The tasks of the Committee comprise:
a) Examining any kind of reports and documents concerning establishment of industrial zone
submitted by the Ministry .
b) P roposing for establishment of industrial zone to the Council of Ministers, i f the application is
found appropriate; if not, providing the realization of the procedures in the framework of the
principles stated in second paragraph of article 11.
c) Fulfilling other tasks assigned by the Chairman of the Committee.
Functioning Principles and Procedures of the Committee
Article 37- The functioning principles of the Committee are as follows:
a) The Chairman of the Committee shall notify the members and concerned parties, , at least fifteen
days prior to the meeting, of any information and documentation relevant to the venue, date, items of
agenda, summary evaluation report related to the proposed area, and other information regarding the
agenda,
b) Members of the Committee shall convene at the determined date and hour upon the invitation of
the Chairman of the Committee,
c) If required, the Committee shall ask for information, views, and documents from related institutions
and organizations as regards the proposed area and invite their representatives to the meeting ,
d) When the members of the Committee are on sick leave, on vacation or absent from duty, their
deputies or other authorized representatives of the institution shall attend the meeting,
e) Determination of the zone shall be decided unanimously,
f) Abstaining vote shall not be accepted at the meeting,
g) Decision about subsequent meeting shall be taken when needed, and there will be no need for
written invitation for the next meeting.
h) Each member shall participate in the meeting after having searched for necessary information,
conducted necessary studies, and acquired technical views, and shall report the view of the institution
or organization that s/he represents. The member cannot report the view of the institution later on. In
the event that a period of fifteen days is inadequate for the necessary examinations and research
activities, the Ministry may provide extra time, should this case be reported in writing to the Ministry
prior to the meeting. T he views of the institutions whose members do not attend the meeting or do
not state written views i n spite of proper declaration of the chairman, or do not state any view
although s/he has attended the meeting shall be considered positive.
i) The Chairman of the Committee shall warn the representative failing to attend three consequent
meetings. If repeated, the representative shall be changed by the relevant Ministry.
Secretariat services of the Committee shall be carried out by the General Directorate.
Duties of the Secretariat of the Committee
Article 38 – The duties of the Secretariat of the Committee are stated as follows:
• Arrangement, monitoring and maintenance of minutes of meeting of the Committee.
b) Carrying out other duties related to the activities of the Committee.
Establishment of Directorate for Operation
Article 39- Following the publication of the Council of Ministers Decree in the Official Gazette,
Directorate for Operation of the Industrial Zone shall be established by the decision of administrative
board of the Chamber within the body of the chamber upon written instruction of the Ministry to the
related Chamber of Industry or Chamber of Industry and Trade within the borders of the province
where industrial zone is established.
Directorate for Operation shall consist of a director and adequate number of technical and
administrative personnel. Director and the personnel are appointed and dismissed on the basis of a
decision of the Administrative board of the Chamber.
The chamber shall operate in the zone in the framework of its own legislation.
Characteristics and Essential Rights of the Personnel
Article 40- The personnel who will be employed at the Directorate for Operation shall be required to
satisfy the requirements laid down in the personnel legislation of the Chamber. Essential rights of the
personnel shall be secured by the Chamber. The organizational scheme of the Directorate for
Operation shall be subject to the approval of the Ministry.
Income of the Directorate for Operation
Article 41- The administrative and social expenses of the Directorate of Operation shall be supplied
from the budget of the Chamber in accordance with the article 42 . In order to meet administrative
and operational expenses, Turkish Union of Chambers and Commodity Exchanges may support the
Chamber within the framework of the protocol between them.
Any kind of procurement for goods and services for the purpose of administrating and operating the
zones as well as general administrative expenses shall be met by the Chamber and, if there is a
protocol, by the Turkish Union of Chambers and Commodity Exchanges. Directorate for Operation
shall demand participation share from the investors in the zone in line with article 42 for the
maintenance and repair expenses related to the infrastructure.
Tasks of Directorate for Operation
Article 42- The duties of the Directorate for Operation are as follows:
a) Pursuant to the tendering processes regarding the infrastructure, working in coordination with the
controlling engineers assigned by the Ministry and providing suitable working environment for them ,
b) Submitting a report related to the progress of the infrastructural construction to the Ministry.
c) Carrying out administrative and operational affairs of the zone,
d) Upon instruction of the Ministry, carrying out land allocation procedures for investor,
e) Delivering the area to the investor after signature of the easement contract between the Ministry of
Finance and the investor,
f) Ensuring the payment of participation share difference to the related account, in case of any rise at
the fixed investment amount of the investor thereafter,
g) Paying any kinds of expenses related to administration and operation of the zone in accordance
with the authorization of the Administrative board of the Chamber.
h) Collecting expenses for general services in the zone from investors and spending this amount for
administration and operation of the zone ,
i) Ensuring that authorizations and licenses are given in accordance with the period determined by the
Act,
j) Reporting the annual plans, budget, and income-expense calculations through activity reports
prepared and submitted periodically to the Chamber and the Ministry .
k) Carrying out other duties related to the zone assigned by the Ministry.
Ministry Supervision
Article 43 -The Ministry is authorized to audit any kinds of accounts and operations of the zones and
take necessary measures in case of any necessity or complaint.
PART SEVEN
Authorization for Investment
Application of the Investor
Article 44- Foreign and/or local investors who wish to invest in the industrial zones shall file an
application with the Ministry accompanied with the information form and application document
containing the name of the zone and the parcel size the investor wants to invest .
The Ministry shall evaluate the application and if found appropriate, shall approve pre-site allocation
with investment realization period. If the activity of the investor is within the framework of EIA
Regulation that is published and put into force at the Official Gazette No. 25318-16/12/2003, the
investor shall prepare and submit the EIA report in accordance with article 10 of the Environment Act
No. 2872- 9/8/1983 to the Ministry of Environment and Forestry. However, activities within the zone
shall be exempt from site selection decision.
Authorization for Investment
Article 45- The report submitted to the Ministry of Environment and Forestry shall be evaluated in
accordance with the EIA legislation.
The period for examination, evaluation and final decision for the report to be prepared according to
EIA legislation shall be two months following the submission of the report. The period of correction by
the investor is not included therein.
The investor shall correct the report and submit it to the Ministry of Environment and Forestry within
fifteen days.
Pursuant to the decision of the EIA as “positive” or “unnecessary” concerning the activity of the
investor, the Ministry shall instruct the Directorate for Operation of the Industrial Zone for the purpose
of carrying out land allocation procedures, upon the payment of an amount up to 0,5% of the fixed
amount of investment to be specified by the Council of Ministers, to the account of the Ministry's
Central Audit Office.
Necessary authorizations, approvals and licenses for the activities with “EIA Positive” or “No-EIA
Required” decisions shall be supplied within fifteen days by the relevant institutions without any need
for any further procedure. All such procedures shall be completed within three months.
Any authorizations and licenses required to complete the investment and start production shall be
given within fifteen days by the relevant institutions .
In the event that fixed investment amount increases after the payment of the participation share, the
share difference shall be paid to the Ministry's Central Audit Office by the investor.
PART EIGHT
Principles and Procedures for Financing Expenditure
Financing
Article 46- As set out in Article 12, expenses for land procurement needed for the establishment of
the industrial zones and procurement of goods and services concerning infrastructure construction
shall be met from the allowances and additional funds granted to the Ministry budget to this end .
Cost of easement to be provided in favor of investors on real properties within the borders of the
industrial zone already owned by the Treasury and on those that are expropriated and registered in
the name of Treasury, for the period stated in the contract shall be determined by the Ministry of
Finance .
Lists and explanations of documents related to registration of treasury lands and easement
procedures shall be sent by the Ministry to Turkish Court of Accounts in semiannual basis upon
approval of the Chairman of the Committee .
Expenditure Items
Article 47- Funds placed in the budget of the Ministry for the purpose of establishment of industrial
zones shall be used for the following expenditure:
a) Expenses related to following items needed for preparation of site selection study report of the
zone:
• Preparation of feasibility study report,
• Purchase of topographical maps of various scales,
• Purchase of meteorological data,
• Preparation of soil study report,
• Purchase of map and document showing the mineral fields,
• Preparation of geological and geotechnical studies,
as well as expenses for colored photocopy and blueprint copying of these items;
• Expropriation cost and expenses,
• Tendering expenses,
• Expert Costs ,
e) License costs,
f) Topographical survey map, reconstruction plan, application of the reconstruction plan on the land,
parceling plan and application, land registration procedures, land and field arrangements,
infrastructure ground research report, preliminary and implementation projects of infrastructure ,
exploration and measurements, preliminary and implementation projects related to treatment plant,
feasibility expenses and similar procedures,
g) Administrative buildings of the zone, road, potable water, sewerage, HV-LV electricity network,
energy transmission line , drainage, retaining wall and enclosing wall, bridge, pond, treatment plant,
drilling transfer and raising lines, water storages, communication lines, pipe transmission line,
decoupage, tunnel, viaduct, railway grade crossing, water drilling well, production, preparation,
transportation, demolition, fortification and mounting operations and related construction works,
h) Inspection and consultancy services related to construction works,
i) Other procurement of goods and services related to the establishment of the zone.
PART NINE
Individual Investments
Application
Article 48- Upon an application of local and/ or foreign, natural or legal persons who are to make an
individual industrial investment, the areas that are considered appropriate by the Ministry, following
an evaluation of the Committee, may be allocated as individual investment sites by the Council of
Ministers under the Act.
Investor who applies for individual investment site, shall submit the detailed information form whose
format is determined by the Ministry and the feasibility report containing information about the field of
production, foreign and local capital structure, investment financing, employment and added value to
be provided, the characteristics of technology to be developed/transferred, exchange profit in
exporting, exchange savings due to import substitution, investment profitability and return period of
investment, and reasons of investment in that particular region.
Pursuant to the examination of the application form and feasibility report submitted to the Ministry, if
it is found appropriate , site selection study shall be carried out. In the event that concerned
information form and feasibility report is found inappropriate, the applicant shall be notified in
writing.
Conditions to be Sought for Application
Article 49- The investment to be realized by local and/or foreign natural or legal persons to apply for
allocation of individual investment site to the Ministry, shall have fixed investment amount of minimum
seventy five million YTL, shall invest in one of the advanced technology investment fields stated in
development plans, and the area of the zone to be established should be minimum one hundred and
fifty thousand square meters. F ixed investment amount shall be increased on an annual basis by the
revaluation rate that is laid down in the Tax Procedure Act No.213- 4/1/1961.
Site Selection and Expropriation
Article 50- For the approved applications for investment, site selection study and evaluation reports
shall be prepared in accordance with the Articles 6, 7, 8, and 9 and submitted to the Committee . The
Committee to convene for the purpose of determination of site selection for individual investment is
obliged to request the opinions of the ministries of Energy and Natural Resources, Culture and
Tourism, Health, Labor and Social Security and Undersecretariat of Foreign Trade.
In the event that the related site is found appropriate for investment by the Committee pursuant to
the evaluation of the submitted evaluation report, following the “EIA Positive” or “EIA Not Required”
decision in accordance with EIA legislation, the allocation for individual investment shall be approved
by the Council of Ministers including the decision for urgent expropriation in accordance with the Act
No.4650- 24/4/2001 and article 27 of the amended Expropriation Act No.2942-4/11/1983 .
Furthermore, if found appropriate by the Ministry, the expropriation cost of the area declared as
individual investment site may be paid by the related investor. This kind of expropriation is subject to
the second paragraph of article 4.
Site Allocation
Article 51- Pursuant to the expropriation of the selected site, it is registered in the name of the
Treasury, and Ministry of Finance allocates easement for the investor on collection or non-collection
terms in accordance with the articles 3 and 4 of the Act, in favor of the investor pursuant to the
payment of the amount which is up to 0,5% of fixed investment amount that is determined by the
Council of Ministers, to the account of Directorate of Ministry's Central Audit Office . The amount
collected by the Directorate of Ministry's Central Audit Office is recorded as income to the budget.
Reconstruction plans
Article 52- Reconstruction plans of the individual investment site shall be prepared by the investor
and approved by the Ministry in accordance with the Article 20.
Infrastructure and Superstructure Projects and Implementation
Article 53- Infrastructure and superstructure projects related to the individual investment site shall
be prepared by the applicant and approved by the Ministry. HV-LV electricity, energy transmission
line, communication and natural gas projects shall be endorsed by the Ministry upon approval of the
authorized institution.
Superstructure projects shall be prepared by the applicant in the framework of the criteria stated in
“Implementation Project” section of “Principles of Architectural Project Development” prepared by
General Directorate of Building Works of Ministry of Public Works and Housing. The architect shall
prepare the projects through meetings with the Ministry, and shall submit them to the Ministry.
Projects of superstructure shall be approved by the Ministry.
Authorizations and Licenses
Article 54- Reconstruction plans, infrastructure and superstructure projects at any scale, and related
licenses and authorizations shall be subject to the approval and supervision of the Ministry. HV-LV
electricity, energy transmission line, communication and natural gas projects shall be endorsed by the
Ministry after the approval of the authorized institution.
Pursuant to the completion of the above procedures, necessary authorizations, approval and licenses
for the investment shall be provided within fifteen days by the respective institutions, without need for
any further procedure.
Natural and legal persons to invest shall be responsible for administration and operation of the
industrial plants situated in individual investment sites.
Authorization, approval and licenses required to complete the investment and start operation shall be
provided within fifteen days by the related institutions.
PART TEN
Specialized Industrial Zones
Specialized Industrial Zones
Article 55- Specialized Industrial zones may be established to function in fields which facilitate
research and development, and use one of the advanced technologies stated in development plans
such as information technology, medical technology and agricultural industry.
Establishment and operation of specialized industrial zones and the incentives to be provided shall be
subject to the principles and methods applicable to other industrial zones.
Application, site selection, zone declaration, all kinds of studies, plans and projects and their
implementations, controls, financing, and expenditure provisions shall be subject to the principles
applicable to other industrial zones. Provisions of Article 20 shall apply to the reconstruction plans .
PART ELEVEN
Declaration of Organized Industrial Zones as Industrial Zones
Application
Article 56- Existing organized industrial zones that have been established in accordance with the
Organized Industrial Zones Act No.4562-12/4/2000 may be partially or completely announced as
industrial zones by the Council of Ministers, if found appropriate by the Ministry. In the event that an
OIZ exists where establishment of a zone is proposed, declaration of the OIZ as industrial zone shall
be considered primarily.
In order to declare OIZ as an industrial zone, that OIZ administration shall apply with a written
enterprise committee decision. The annex of the application shall contain a document stating approval
of all the industrialists in the zone, if complete declaration is required; or a document stating the
approval of all the industrialists in that particular zone, if partial declaration is required. A master
reconstruction plan of 1/5000 scale showing the borders of the part subject to application, written
statement of the related chamber declaring that it will establish directorate for operation within the
framework of this Regulation in the case the zone is established and a feasibility study report to be
prepared by the OIZ administration shall also be submitted to the Ministry together with the
application, through related governorship.
The criteria for Transformation of Organized Industrial Zones into Industrial Zones
Article 57- The Organized industrial zones established in accordance with the Organized Industrial
Zones Act No.4562 prior to the entry into force of the Act, who apply to the Ministry for
transformation into industrial zone in accordance with the Article 59 and provide the following criteria,
may be proposed to the Committee by the Ministry:
a) It should be established according to the provisions of Organized Industrial Zones Act No.4562-
12/4/2000 prior to the entry into force of the Act,
b) The allocation of industrial parcels shall be lower than 50%,
c) Non-allocated parcels shall be in a unified form,
d) Infrastructure construction should have been completed, with the exception of road covering and
/or waste water treatment plant,
e) Shall have attractive infrastructural advantages for the investor such as being close to highways,
railways, ports, airports .
Declaration
Article 58- No site selection procedure is carried out for existing OIZ's to be proposed for industrial
zone. However, the Feasibility study submitted to the Ministry shall be examined in accordance with
the criteria for transformation into industrial zones stated in article 57.
If the application is considered eligible by the Ministry upon the examination, it shall be proposed to
the Committee. Upon proposal of the Committee, the Council of Ministers Decree shall be published in
the Official Gazette, and the area to be declared as an industrial zone is expropriated and registered in
the name of the Treasury.
Land Value Assessment in Industrial Zones Transformed from Organized Industrial Zones
Article 59- Expropriation cost of the Organized Industrial Zones announced as industrial zones shall
be calculated over the annual square meter price that is found by dividing the total investment
expenditure in the accounting records of OIZ by total industrial area .
Mortgages on the Organized Industrial Zones announced as industrial zones are transmitted to the
organized industrial zone parcels out of the industrial zone; if inadequate, transmitted to the other
real properties shown by the institutions and organizations within the enterprising committee .
Expropriation cost to be paid to Organized Industrial Zones shall be set off by the Ministry against the
loan debts, if any.
Implementation
Article 60- Implementation is carried out as to the following principles at Organized Industrial Zones
that are declared as industrial zones :
• Allocated parcels or parcels on which industrial plants are under construction or completed, shall
not be expropriated,
b) Only parcels at the property of OIZ shall be expropriated , and these lands shall be registered in
the name of Treasury to be used as industrial zone ,
c) Directorate for Operation of the Industrial zones to be established under the Chamber of Industry
or the Chamber of Industry and Commerce within the borders of the relevant province shall be
responsible for the administration and operation of the Organized Industrial Zones that are announced
as industrial zones. In the event that the whole OIZ is announced as an industrial zone, administration
of the OIZ shall be handed over to the Directorate for Operation of the Industrial Zones in a period of
one year as from the publication of the Council of Ministers Decree on announcement of the zone in
the Official Gazette. If the Organized Industrial Zone is partially announced as industrial zone,
announced section shall be managed and operated by the Directorate for Operation; and the
remaining section shall be subject to the provisions of the Act No.4562.
d) Investors with already allocated lots shall not pay any participation share. However, the provisions
of this Regulation apply to necessary licenses, authorizations and approvals.
e) The investors within the borders of the zone with allocated sites from the Organized Industrial
zone, shall continue to pay their remaining debts to the administration of Organized Industrial Zone in
case of partial declaration ; in case of complete declaration, they shall pay their remaining debts to
the account of Directorate of Central Audit Office of the Ministry and this amount shall be recorded as
revenue to the budget.
Transfer of OIZ Administration to Directorate for Operation
Article 61- In the event that OIZ is partially declared as industrial zone; Directorate for Operation
shall be established upon instruction of the Ministry to the Chamber after the publication of Council of
Ministers Decree in the Official Gazette .
Any information and documentation relevant to the site announced as industrial zone shall be handed
over to the Directorate for Operation in one year by OIZ Administration in the framework of transfer
protocol prepared.
In the event that OIZ is completely announced as industrial zone, Directorate for Operation shall be
established with the instruction of the Ministry to the Chamber subsequent to the publication of
Council of Ministers Decree in the Official Gazette. By the decision taken by their authorized bodies,
organizations and institutions constituting the enterprise committee of the OIZ shall assure that they
will not claim, at present or in the future, any right for the participation shares that are paid for
participation. Enterprising committee shall decide unanimously to hand over the administration to the
directorate for operation.
Transfer Procedures for Complete Transformation of Organized Industrial Zones into
Industrial Zones
Article 62- Subsequent to the signing of the transfer protocol by the parties, transfer procedure shall
be completed by transferring whole assets of the OIZ with all the debts and credits to the directorate
for operation and announcement of the transfer .
Following the completion of transfer procedures, the authorization paper of the organized industrial
zone shall be cancelled and its registration in OIZ Registration Book be erased upon written
application of enterprise committee to the Ministry.
PART TWELVE
Miscellaneous and Final Provisions
Repealed Regulation
Article 63- Industrial Zones Regulation published and put into force in the Official Gazette No.24834-
2/8/2002 is hereby repealed.
Application, Site Selection and Announcement at Private Industrial Zones
Provisional Article 1- Natural or legal persons demanding for announcement as private industrial
zone of the area where an industrial plant has been established and that meets the criteria stated in
provisional article 2, shall file an application with the Ministry with the application forms whose format
is determined by the Ministry, and feasibility study and other documents required in accordance with
the provisions of the Provisional Article 2. The Ministry shall examine the documents in accordance
with the provisions of the Provisional Article 2, and if found appropriate, shall propose the application
to the Committee. The demanded plants may be announced as private industrial zones by the Council
of Ministers Decree pursuant to the evaluation by the Committee.
In the event that the proposed area is found inappropriate by the Ministry, it shall not be proposed to
the Committee. In this case, the applicant shall be informed in writing.
Requirements for Private Industrial Zones
Provisional Article 2- The following requirement shall be sought for declaration of a zone as private
industrial zone:
a) Existence of an already established industrial plant ,
b) At least one hundred and fifty thousand square meters of area for existing plants and enlargement
area,
c) Having started production by obtaining the authorizations, construction licenses and other licenses
according to the reconstruction plans and related development legislation that were in effect during
the establishment process,
d) Total ownership of the land by investors,
e) Having started production before enforcement of the Act,
f) Application to be made within one year period from the entry into force of the Act,
g) As of the application date, a minimum fixed investment amount of seventy five million YTL to be
updated as to revaluation rate determined by the Ministry of Finance in accordance with the Tax
Procedure Act No.231 -4 1/1961 .
h) Feasibility study report to be submitted, indicating improvement of existing investment or
technology,
i) Indication of sufficiency of technical and economical lifetime of the investment and that research
and development studies are carried out in the feasibility report ,
j) Usage of one of the advanced technology investments stated in the development plans for the
investment,
k) “EIA Positive” or “EIA Not Required” decision, in case EIA legislation was in effect on the date of
investment,
l) Having wastewater treatment plant and ISO 14000 certificate for it,
m) Existence of required amount of land for any future enlargement.
In order to determine whether the related industrial zone meet the above mentioned requirement, the
Ministry shall carry out appropriate examinations. Applicant shall submit all the documentation and
information to the Ministry in order to prove the adequacy of the industrial zone. The Ministry may ask
for additional information and documentation from the investor.
Other Issues regarding Private Industrial Zones
Provisional Article 3- Areas announced as private industrial zones shall not be expropriated. Natural
or legal persons owning and carrying out the investment shall be responsible for administration and
operation of the zone. Participation share is not required from the natural or legal persons who hold
facilities in private industrial zones.
Reconstruction plans of any scale and their changes for private industrial zones shall be approved by
the related institution. If there is an existing health protection zone, this distance shall be preserved.
Any kinds of infrastructure, superstructure projects and constructions shall be met by the proprietary
owner, natural or legal persons .
All authorizations, approvals and licenses obtained before and relevant to the investments in the
zones announced as private industrial zones by the Council of Ministers decree shall be renewed. New
authorizations, approvals and licenses shall be given by the related institutions within fifteen days
upon the application of the investor.
State aids for private industrial zones shall be defined by the Council of Ministers separately from state
aids to be considered for industrial zones.
Entry into Force
Article 64- This R egulation shall be put into force at the date of publication.
Enforcement
Article 65- Minister of Industry and Trade shall enforce the provisions of this Regulation.
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