Subject: Turkey National Geographic Information System
Introduction
The Geographic Data Permits Regulation (“Regulation”) was published by the Ministry of Environment, Urbanization, and Climate Change (“Ministry”) in the Official Gazette dated February 10th, 2021 and numbered 31391. In the Regulation, the terms regarding the collection, production, sharing, and selling of geographic data in the scope of the National Geographic Data Responsibility Matrix ("Matrix") by natural persons, legal persons, and public legal entities are regulated.
Geographic data, which is the most important and fundamental component of the Turkey National Geographic Information System (“TUCBS”), refers to all kinds of data containing location information. The geographic data consists of geometry information, location information expressed in coordinates, and non-orientational attribute information. Within the scope of TUCBS, 52 sub-theme groups related to 32 geographic data themes are determined. Accordingly, the geographic data theme refers to the geographic data group prepared in accordance with national or international standards for a particular subject. On the other hand, the geographic data sub-theme refers to the subgroup of the geographic data theme classified by level, scale, or topic. The National Geographic Data Determination Matrix was created to classify the mentioned geographic data.
Geographic data containing more than one location information is subject to permit in the Regulation. The Matrix defines the access, sharing, and usage authorizations of the persons subject to the permit.
Within the scope of the Regulation, it is regulated that the persons who will use the geographic data should obtain a Geographic Data Permit Certificate (“Permit Certificate”). The geographic data permit document contains information about which sections of the region where the permit holder can work on a map sheet and which activities (collecting, producing, sharing, and selling) can be carried out. In addition, information on geographic data within the scope of the permit, personnel, tools, equipment, and software to be employed within the scope of the work to be performed are also included in the Geographic Data Permit.
The Permit Certificate is required to the collect, produce, share, or sell geographic data specified in the Matrix by natural persons and legal persons. The collection, production, sharing, or selling of geographic data within the scope of the Matrix by public legal entities is subject to the permit of the Ministry, but public legal entities are exempted from the permit fee. It should also be stated that natural persons and legal persons are also obliged to pay a data permit fee if they trade the data they will use within the scope of their activities for public institutions and public legal entities. However, the persons who have obtained a license within the scope of the Geographic Data License Regulation published in the Official Gazette dated 10/2/2021 and numbered 31391, do not have to obtain the Permit Certificate.
Applications are made by registering in the system established within the Ministry. After the registration in the system is completed, the activities related to the temes/sub-themes issued in the Matrix included in the data that the applicant wants to use is specified. It should be noted that the permit application must be made before the activity date. The permit holder shares with the National Geographic Data Platform (“UCBP”) the geographic data regarding the activity he/she/it has performed 15 days prior to the expiry of the permit period and submits the relevant information and documents to the Ministry. If data sharing with UCBP is not possible, the justification report must be submitted to the Ministry.
The term of the permit issued by the Ministry is one year. Natural persons and private law legal persons may request an extension of the permit term by specifying the relevant justification at least fifteen days prior to the expiry date of the Permit Certificate, provided that there is no change in any condition in the geographic data permit document. In this case, the Ministry may consider the request within fifteen days and extend the period for once, provided that the extension does not exceed half of the permit term. Those who apply for an extension for the second time or who cannot complete their activity within the time limit have to apply for a permit again.
The permit holder is obliged to act in accordance with the relevant legislation and the undertaking approved on the system during the application. Otherwise, the Permit Certificate is canceled. The detection of a situation that will threaten the interests of the country is also one of the reasons for the cancellation of the Permit Certificate. Additionally, in cases where the activity is completed 15 days prior to the expiry of the permit term, data is not submitted to the UCBP, or the Ministry is not informed, the Permit Certificate is also canceled. If a change is detected in the information and documents submitted at the application stage as a result of the checks to be made by the Ministry and this is not resolved within 15 days, the Permit Certificate is canceled. Furthermore, in the Regulation, it is regulated that the situation of those convicted of certain crimes specified in the Law No. 5237 is also a reason for the cancellation of the Permit Certificate.
Natural persons and legal persons, whose geographic data permit has been canceled, cannot make an application for a permit for 1 year, and in case it requires a second cancellation, they cannot apply for a permit for 2 years.
With the current 2022 prices, the Geographic Data Permit fee including VAT is TRY 74.31 per map sheet of 1/1000 for foreign natural persons and legal persons, while it is TRY 37.16 for natural persons who are citizens of the Republic of Turkey and legal persons established under the laws of the Republic of Turkey. These amounts are applied by increasing the revaluation rate determined and announced by the provisions of the repeating article 298 of the Tax Procedure Law No. 213 concerning the previous year, effective from the beginning of the calendar year. In case of failure to obtain a permit or to renew the Geographic Data Permit or continuing to work without a permit after its cancellation, an administrative fine that amounts to of 10 times the permit amount is applied by the Ministry.
Conclusion
Collecting, producing, sharing, or selling geographic data within the scope of the Matrix are subject to the permit of the Ministry, provided that the permit holder has the required documents to carry out its commercial activities and that the provisions of the private laws are reserved. An administrative fine to be applied by the Ministry is stipulated for those who use geographic data without registering in the TUCBS.
Yazar : GülelHukuk