Türkiye'de Serbest Bölgeler Ve Yerseçimi-planlama Sorunları

Abstract

Çalışma konusunun “Türkiye’deki Serbest Bölgeler ve Yerseçimi-Planlama Sorunları” olarak seçilmesinin amacı, Türkiye’de son yıllarda dış ticaret rejimine verilen önem doğrultusunda ve son zamanlarda gümrük birliği sürecinde tartışılır hale gelen serbest bölgeler hakkında bilinmeyenlere ışık tutmak ve planlama açısından sorunlarını irdelemektir. Sayıları günden güne artan serbest bölgelerin yerlerinin tespitinde ve bölge içi fiziksel ve fonksiyon alanları tertibinde ne düşeyde başarıya ulaşıldığının ölçüldüğü çalışmanın temeli sorunların ve olumsuzlukların ortaya çıkarılarak, olması gereken hakkında bir düşünme sistemi geliştirmektir.Türkiye’de 3218 Sayılı Serbest Bölgeler Kanunu’nun yürürlüğe girdiği tarihten itibaren 14 adet serbest bölge kurulmasına karar verilmiş, bunlardan 6 adedi faaliyete geçmiş, 6 adedi kuruluş aşamasında bulunmaktadır. 2 adedinin de mahkeme kanalıyla iptaline karar verilmiştir, iptal kararlarının ardında yatan nedenlere bakıldığında yer seçiminde çevresel faktörlere dikkat edilmediği görülmektedir. Bu nedenle çalışmanın bir yönü “serbest bölgelerde yerseçimi kriterlerini belirlemeye yöneliktir.Serbest bölgelerde planlama sorunlarına bakıldığında ise; mevzuat-uygulama ve finansman yönünden , fiziksel, fonksiyonel ve donatım alanları yönünden sorunlar olduğu görülmüştür. Dolayısıyla çalışmanın ikinci yönü bölgelerle yapılan birebir görüşmeler neticesinde, bölgelerin sorunlarını ortaya çıkararak, ortak hususlarda toplamak ve değerlendirme neticesinde fiziki,çevre değerlendirmesi, hukuki, sosyo­ekonomik ve kullanım verimliliği açılarından “Bir serbest bölge nasıl planlanmalı?” sorusuna cevap aranmıştır.

The main aim of the thesis named “The Free Zones In Turkey and Their Location-Planning Problems” is telling about free zones, their importance, Turkey’s free zone policy and the location and planning characteristics of the free zones generally.The foreign trade policy of Turkey is gaining importance especially in recent years. In this study the subjects are mainly, about how successful the locations of free zones and their interior designs are and about how the planning must be made going through the planning-application problems of the free zones.A free zone is a region which is thought to be out of customs border although it is inside the country’s national borders, in which the government arrangements related with the current foreign trade and other economical subjects are not applied or partially applied and in which economical activities are encouraged more, compared with the other regions of the country.Free zones are generally established to encourage foreign trade and foreign capital input. Legislative provisions pertaining to taxes, levies, duties and to customs and foreign exchange obligations are not applicable in these zones. Customs tax is not taken from the goods which are to enter free zones. The free zones, which have a special location from the view point of transportation facilities, are regions which have strict borders so that the entrances to the zones and the exits from the zones are in control. Free zones are not thought to be residential areas as they are only economical and commercial activity areas. Through the aim of increasing the activities of trade and industry, some bureaucratic and technical facilities are offered to the users.The free zone applications in the world can be summarized in five groups related with their functions: a)Free Trade Zone : in the free trade zones, which are established in or near sea ports and airports, it is possible to make some actions to the goods like developing, exhibiting, packing and mixing during the staying period in the free zone.b)Free Production or Export Processing Zone : Export processing zones are established as a result of the international companies’ moving their labour-dense production facilities to the developing countries which have low-cost labour. These zones are to make light production industry oriented exportation. c ) Free Ports : Free ports are established in a per' area, which has an important location speciality, in order to make import, export, transit trade, transportation and re-export activities freely.d ) Maquildors : Maquildors are established on the border between USA and Mexico. In these regions the main aim is setting the particles, which are made in USA, by using low-cost labour in Mexico and then exporting them to USA without applying customs taxes. e)Off-Shore Banking Areas : The main aim of such areas is attracting world’s money capitals to the region. Off-shore banking areas provide the connection between world banks and foreign activities, which have to go through banks.When we look at the historical development of free zones in the world, it is seen that during the period of classical colonisation free ports and free trade zones are widespread. After the economical crisis in 1929, “free production zones” also took an important place. Since international companies moved their production activities to the developing countries because of the presence of low-cost labour in these countries, in developed and industrialised countries free ports and free trade zones are generally seen, while on the other hand the under-developed and developing countries directed towards free production and export-processing zones.Some examples in the world like Ireland-Shannon Free Zone and Mauritius-Mauritius Export Processing Zone are seen as a tool of development policy of the country. As a result of increasing rate of unemployment and the calmness of economy, Ireland Government decided to manage a development program which had three main indicators, that are Shannon Free Zone, Light industry Action and Tourism, in 1959. On the other hand Mauritius Export Processing Zone policy aimed to provide industrialisation, economical change and decreasing the rate of unemployment by decreasing the dependence to the agricultural (especially sugar) industry. Soon the aim is managed especially with the successes taken in the textile industry sector. And Mauritius is now taking the great step on the way to employ labour mostly in service sector rather than industrial sector by being a finance centre.In Turkey’s historical development of free zones, it is seen that beginning from 1900’s some reports are prepared on free zones to canalise enterprises about free zones . However the important results are taken after the decisions of January 24, 1980, since the volume of export and import is developed through the provided free trade setting with these decisions.The free zones of Turkey are due to the Free Zones Law , No. 3218 and approved in June 6, 1985. This law encompasses the matters related to the establishment of the free zones; the determination of their location and boundaries; their management; the scope of their activities; their operation and the establishment of the installations and facilities within the zone; with the objective of increasing export-oriented investment and production in Turkey; accelerating the entry of foreign capital and technology; procuring the inputs of the economy in an economic and orderly fashion; and increasing the utilisation of external finance and trade possibilities.In Turkey the Council of Ministers is empowered with the authority to determine the location and boundaries of the free zones. The Council of Ministers also grants permission for the establishment and operation of free zones to public institutions and agencies, resident or non-resident real persons or legal entities. All kinds of industrial, commercial and service activities approved by the Economic Affairs Supreme Coordination Council may be carried out within the free zones. Land and facilities needed within the declared free zones can be acquired pursuant of Expropriation Law.The free zones in Turkey are directed by the General Directorate of Free Zones which is due to the Undersecreteriat of Foreign Trade. As being local organisations there are Free Trade Regional Directorates, which works dependent on General Directorate. The date of commencement of operations shall be when the construction of the perimeter fence, tower and gate have been completed and the regional directorate, police and customs unit have assumed their duties.The zone may either be operated within the framework of an “Operation Contract” by a company which is called “Zone Operator” or may be established and operated under an “Establishment and Operation Contract” by a company which is called “Zone Founder and Operator (Z.F.O.) ”, established in accordance with a decision of the Council of Ministers. The contracts determining the way in which the operator or the Z.F.O. is to operate shall state the financial and administrative obligations of the companies.In order to establish, develop and maintain the free zones, to support research and trainig activities, to construct social facilities, to provide incentives for the users and to promote the purchase of goods from Turkey, a “Free Zones Establishment and Development Fund” has been established at the Central Bank of the Republic of Turkey. Fund resources are fees paid for the licenses and permits; fees paid amounting 0,50 percent of the CIF and the FOB value of goods entering and leaving the zone; payments specified in the contracts made with real persons and legal entities managing the free zone and other incomes.Since the approval of Free Zones Law in 1985, twelve free zones have been established and six of them have begun commercial activities. Mersin and Antalya Free Zones, which are the first examples so that both the land and infrastructure services to be finances are provided by the public sector. As the experience on free zones has been gained, the General Directorate of Free Zones aimed the infrastructure services to be financed by the private sector. Nowadays theestablishing and operating of the free »ones is mostly planned to be “buy-operate- transfer” (BOT) system.If the location of the free zones in Turkey is taken into account, it is seen that free zones are generally located; a ) in the port areas where the international trade activities with the Mediterranean, Middle-East countries and Blacksea countries take an important place. For example, Mersin, Antalya and Trabzon Free Zones.b) Near the airports or highways which have an important location property from the view point of transportation and physical affairs. For example, Aegean and Istanbul Atatiirk Airport Free Zones) c) In the organised industry zones which have a specialized infrastructure and some characteristics like nearness to the raw materials and production areas and the property of specialisation. For example, Istanbul Leather and Mar din Free Zones.d) In other areas in which for example regional development is aimed like Zonguldak-Filyos Free Zone.As seen from the example of the cancellation of Istanbul Trakya Free Zone because of its being established on the land of water supply area, a clear method is not followed during the stage of free zones’ location. And the private sector wants to establish a free zone in every city or in every organised industry zone, without understanding its main aim. The companies, who want to establish a free zone, prepare a feasibility report which mostly insists on the investment properties and the feasibility of investment rather than physical analysis. However the feasibility report has to include also the analysis like the location properties of the city, in which the free zone is planned to be, with the scale of the whole country and the region; the physical, environmental, social and economic structure; existing land-use; the regional and master plan of the city and the environment. These analysis provide the free zones to be controlled from the view points of physical and socio-economical structures in macro and micro scales.The location criterias can be summarised in three groups:a) The Superiority of Geographical Location; so that the location’s being on international transportation axes, being near to airports, highways, sea ways and hotels.b) The Superiority of Existing Infrastructure ; so that the near environment has a profitable transportation network, a sea port which has high technology, lifting and unlifting establishments, a perfect communication network, a developed technical infrastructure like electricity, water, sewage systems and social infrastructures like health, education and socially usage areas. c) The Superiority of Economics ; so that the location’s being in the central area where national and international trade are focused on; being near to the industrial areas; having the chance to be fed from commercial and industrial centers and feed them in back; the existance of potential qualified and low-cost labour; the presence of banking and insurance facilities; and in order to show these superiorities the exemptions, the facilities and the encouragements that the govern-ment will carry On the other hand in the scale of the free zone some problems are seen as: a)Regulation and application problems, since the legal arrangement is not clear related with the free zones settlement plans, b) Finance problems, especially about infrastructure construction c)Planning problems in the subjects of physical, aesthetic, zoning, transportation, parking spaces and socially needed areas,are faced. According to the Free Zones Law, all approval and supervisory during the construction phase shall be performed by the Free Zone Directorate. But since there are not enough technical personnel in the zone directorates, the zone directorate may delegate its responsibilities concerning approvals and supervisory work to the Zone Founder and Operator Company. And the private sector causes such planning system that maximum land usage is taken as the primary objective. In this situation it is much better to make the free zones settlement plans controlled by local authorities or by profession chambers related with planning.The plans of free zones have to be thought in international standards and these plans have to be combined with the master plans of the city. The function areas of the free zone should not be a problem for the economic structure of the city. The land usage is also very important in free zones. The zoning principles such as where the production area, the trade area, the banking area, the storage area and the social usage areas will be, should be decided not to cause problems.The free zones should be perfectly analysed from the view point of environment not to cause an environmental problem in the future. The manipulation areas and parking areas of trays should be planned enough wide . Rather than going through higher densities in the construction, it is much better to design loading and unloading platforms. It is important to plan enough area for social usage area and green areas. The buildings in the free zone should be in harmony from the view points of achitectural and environmental outline.Thinking about the future and making some projections the potential development areas should be planned near the free zone area.