NUCLEAR REGULATION CODE NUMBERED 7381 AND ITS EFFECTS ON NUCLEAR LAW

NUCLEAR REGULATION CODE NUMBERED 7381 AND ITS EFFECTS ON NUCLEAR LAW

• 05.01.2023

Obligation to make regulations regarding the nuclear law has arisen because of the risks contained by nuclear energy and the establishment of Akkuyu Nuclear Power Plant in Turkey, Mersin Province. In line with this obligation, Nuclear Regulation Code Numbered 7381 was published in the Official Gazette on March 8,2022 and entered into force on the same day.

Nuclear Regulation Code (“Code”), regulated in 9 chapters. In introductory chapter, Nuclear Regulation Code builds the framework of its purposes, scopes and definitons. Following chapters contains general provisions, evaluation and inspection, radioactive wastes, legal liability of nuclear damage, Nuclear Regulation Authority, NÜTED and penal provisions.

1.The Purpose of the Code

Nuclear Regulation Code lists its purposes in the first Article. According to the article, the Code aims to regulate the responsibilities for the possible harmful effects of radiation while carrying out activities related to nuclear energy and ionizing radiation and to draw the limits of the supervision and control to be carried out by the Nuclear Regulation Authority (“Authority”).

2.General Provisions

In every activity where society has the risk of exposure to radiation, it is sought that the activity is beneficial for the individual and society. The radiation caused by the activity should not exceed the dose limit to be determined by the Authority.

3.Authority

Natural and legal persons operating within the scope of nuclear energy shall notify the 

Authority within the scope of their activities or obtain permission from the Authority. It is obligatory to obtain a license from the Authority in order to operate a nuclear facility, radiation facility, radioactive waste facility and to carry out radiation practices. Only Turkish citizens and Turkish legal entities established in accordance with Turkish legislation can obtain this license. The license, permit and authorization certificate issued by the institution cannot be transferred.

All kinds of responsibilities while carrying out the activity belong to the authorized person. Authorized person cannot leave the place or facility where the activity is carried out, nuclear material, radioactive source or radioactive waste, without expiration of their obligations regarding the activity.

 4. Legal Liability

Operator was determined in the Code as:

(i) who authorized to operate a nuclear facility,

(ii) who established a nuclear facility before the license to operate a nuclear facility was obtained,

(iii) legal entities whose licenses have been revoked in the period until a new operator is determined following the cancellation of the license granted to operate a nuclear facility

The liability of operator that arisen from nuclear damage is strict liability. In other saying, the operator can be held liable for damages even it has no fault in nuclear incidents’s happening. There are two exceptions to this strict liability:

1. Any damage occurred due to caste or gross negligence of the person who was harmed by the nuclear incident 

Authority within the scope of their activities or obtain permission from the Authority. It is obligatory to obtain a license from the Authority in order to operate a nuclear facility, radiation facility, radioactive waste facility and to carry out radiation practices. Only Turkish citizens and Turkish legal entities established in accordance with Turkish legislation can obtain this license. The license, permit and authorization certificate issued by the institution cannot be transferred.

All kinds of responsibilities while carrying out the activity belong to the authorized person. Authorized person cannot leave the place or facility where the activity is carried out, nuclear material, radioactive source or radioactive waste, without expiration of their obligations regarding the activity.

 4. Legal Liability

Operator was determined in the Code as:

(i) who authorized to operate a nuclear facility,

(ii) who established a nuclear facility before the license to operate a nuclear facility was obtained,

(iii) legal entities whose licenses have been revoked in the period until a new operator is determined following the cancellation of the license granted to operate a nuclear facility

The liability of operator that arisen from nuclear damage is strict liability. In other saying, the operator can be held liable for damages even it has no fault in nuclear incidents’s happening. There are two exceptions to this strict liability:

1. Any damage occurred due to caste or gross negligence of the person who was harmed by the nuclear incident 

material, radioactive source or radioactive waste unclaimed, causing the loss of nuclear material, radioactive source or radioactive waste, causing theft or the possession of unauthorized persons by negligence or in violation of the obligation of care and attention, and to deliberately bring radioactive wastes or spent fuels into the borders of the Republic of Turkey, except for the exceptions specified in the Code. As a legal sanction for these crimes, a prison sentence of 1 to 30 years is envisaged.

Again, various administrative fines were envisaged as a result of the negligence of the obligations specified in the Code.

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