Regulatory and institutional framework for nuclear activities. Turkey.

15 Pages·1999·0.182 MB·English

by  OECD

Eng-FauxTitre Nuc Legislation 20/06/00 9:26 Page 1
Australia NUCLEAR LEGISLATION
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NUCLEAR ENERGYAGENCY
ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT
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NUCLEAR ENERGY AGENCY
The OECD Nuclear Energy Agency (NEA) was established on 1st February 1958 under the name
of the OEEC European Nuclear Energy Agency. It received its present designation on 20th April 1972, when
Japan became its first non-European full member. NEA membership today consists of 28 OECD member
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The mission of the NEA is:
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− to provide authoritative assessments and to forge common understandings on key issues as
input to government decisions on nuclear energy policy and to broader OECD policy analyses
in areas such as energy and sustainable development.
Specific areas of competence of the NEA include safety and regulation of nuclear activities,
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organisations in the nuclear field.

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Nuclear Legislation in OECD Countries
Regulatory and Institutional Framework for Nuclear Activities

TURKEY
This chapter was last revised in 1999 and is correct as of that date.
The NEA Secretariat is currently revising this chapter in close consultation
with the national authorities and plans to issue a new version in the near future.
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TURKEY
I. GENERAL REGULATORY REGIME.........................................................................................5
1. Introduction.......................................................................................................................................5
2. Mining Regime..................................................................................................................................5
3. Radioactive Substances, Nuclear Fuel and Equipment.....................................................................5
4. Nuclear Installations..........................................................................................................................5
5. Trade in Nuclear Materials and Equipment.......................................................................................7
6. Radiation Protection..........................................................................................................................7
7. Radioactive Waste Management.......................................................................................................8
8. Non-Proliferation and Physical Protection........................................................................................8
9. Transport...........................................................................................................................................9
10. Nuclear Third Party Liability............................................................................................................9

II. INSTITUTIONAL FRAMEWORK..............................................................................................9
1. Regulatory and Supervisory Authorities...........................................................................................9
a) Prime Minister..............................................................................................................................9
b) Ministry of Energy and Natural Resources.................................................................................10
c) Ministry of Health.......................................................................................................................10
d) Ministry of the Environment.......................................................................................................10
2. Public and Semi-Public Agencies....................................................................................................10
a) Turkish Atomic Energy Authority (TAEK)..................................................................................10
b) General Directorate for Mineral Research and Exploration (MTA)..........................................14
c) General Directorate of ETIBANK Mining..................................................................................14
d) Turkish Electric Generation and Transmission Company, Inc. (TEAS) and
Turkish Electric Distribution Company, Inc. (TEDAS)..............................................................14

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I. GENERAL REGULATORY REGIME
1. Introduction
Turkey has no general Nuclear Energy Act and apart from legislation relating to the Turkish
Atomic Energy Authority (Türkiye Atom Enerjisi Kurumu – TAEK) [Act No. 2690 of 9 July 1982,
published in Resmi Gazete (RG) No. 17753 of 13 July 1982], the applicable law mainly covers
protection against ionising radiation and the licensing of nuclear installations. At present, there are no
nuclear power plants in Turkey.
2. Mining Regime
Turkish legislation regulating mining activities specifies that in principle, the prospecting and
mining of radioactive ores, even where deposits are located on private land, is a state monopoly;
however, the state may grant prospecting and mining licences to applicants for such licences
[Act No. 6309 of 3 March 1954 – RG No. 8655 of 11 March 1954, amended by Act No. 271 of
11 July 1963 – RG No. 11459 of 20 July 1963].
Exploration for and handling of radioactive ores are undertaken by the government in
accordance with Act No. 2840 of 13 June 1983 and Act No. 3971 of 16 February 1994. Under the
Turkish mining regime, the General Directorate of Mineral Research and Exploration (Maden Tetkik
Enstitüsü – MTA) is responsible for exploring for radioactive minerals and related technological
research. The General Directorate of ETIBANK Mining is responsible for mining and milling of
radioactive minerals (see Part II “Institutional Framework” infra for further details).
3. Radioactive Substances, Nuclear Fuel and Equipment
Regulations governing the use in general of radioactive substances, fissile materials and
equipment emitting ionising radiation are laid down in the Radiation Safety Decree of 1985
[RG No. 18861 of 7 September 1985], which superseded Decree No. 7/9038 of 1974 on that subject.
In accordance with the 1985 Decree, a regulation was issued in 1991 [RG No. 2098 of
6 September 1991] which contains provisions on the system for registering and licensing such
materials. This Regulation supersedes similar regulations issued in 1968 and 1975.
4. Nuclear Installations
Turkish regulations for the licensing of nuclear installations are laid down in Decree
No. 83/7405 of 11 November 1983 [RG No. 18256 of 19 December 1983]. This Decree, which
entered into force on 19 December 1983, supersedes Decree No. 7/9141 of 5 December 1974 on the
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same subject, while maintaining, in essence, the same licensing procedure.1 Various other technical
regulations adapted from the Codes of Practice of the International Atomic Energy Agency (IAEA)
applicable to the overall design and safety criteria to be met in the design and construction of reactors
have also been published.2 A new Code of Practice concerning the issuing of licences for the operating
staff of research reactors and defining their duties and responsibilities was issued in 1989
[RG. No. 20255 of 17 August 1989].
In accordance with Decree No. 83/7405, the licensing procedure is divided into three main
stages:
• site licence;
• construction licence;
• operating licence.
Any application for a licence for a reactor or other category of nuclear installation must be
submitted to the Turkish Atomic Energy Authority (TAEK). In the case of a power reactor, the
applicant is usually the Turkish Electricity Generation and Transmission Company, Inc. (Türkiye
Elektrik Üretim ve Iletim A.S. Genel Müdürlügü – TEAS).
The licensing procedure for nuclear installations is carried out in accordance with Decree
No. 83/7405. The following nuclear reactor and nuclear fuel cycle facilities require a licence
from TAEK.
“Nuclear reactor facilities” mean:
• training reactors;
• research reactors;
• materials testing reactors;
• test reactors;
• prototype reactors;
• reactors for electric power production.

1. Other regulations which govern the licensing of nuclear installations are the Regulations on General
Project and Safety Criteria for Design and Construction of Nuclear Power Plants [RG of
3 September 1975] (currently under revision); the Decree on Radiation Safety [RG No. 18861 of
7 September 1985]; the Regulations on Radiation Safety [RG No. 20983 of 6 September 1991]; the Guide
on Earthquake-Related Subjects Requested in the Issuance of Limited Work Permit and Site Licenses
[1989]; the Guide on Seismic Design and Qualification of Nuclear Plant Facilities, approved by the AEC
on 29 May 1996; and the Regulations on Quality Assurance and Inspection of Nuclear Installations
[RG No. 22932 of 13 March 1997].
2. Regulation Nos. 3, 4, 5 and 6 issued by TAEK in 1978 and Regulation No. 7, published in RG No. 16675
of 23 June 1979.
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“Nuclear fuel cycle facilities” mean:
• mining, milling and refining facilities;
• conversion facilities;
• enrichment facilities;
• nuclear fuel element fabrication facilities;
• reprocessing facilities for used fuel elements; and
• radioactive waste management facilities (including final storage).
An application for a licence to operate a nuclear installation must be submitted in writing to
TAEK accompanied by all the necessary supporting documents describing the nature of the
installation to be constructed. After having studied the relevant documents, the results of inspections
and/or tests performed at the proposed site or installation, the Department of Nuclear Safety prepares
an evaluation report which also includes the observations of the Advisory Committee on Nuclear
Safety (ACNS). The Vice President for Nuclear Power and Safety submits a report indicating the
results of the evaluation report to the President of the Authority, who then takes both reports to the
first meeting of the Atomic Energy Commission (AEC). The Authority delivers the permit or licence
together with the applicable conditions as established in an appendix thereto.
Turkey ratified the 1994 Convention on Nuclear Safety on 8 March 1995. It is also a Party to
the 1986 Convention on Early Notification of a Nuclear Accident and the 1986 Convention on
Assistance in the Case of a Nuclear Accident or Radiological Emergency, both ratified on
3 January 1991.
5. Trade in Nuclear Materials and Equipment
TAEK is responsible for establishing the general principles which govern all kinds of
prospecting, exploitation, purification, distribution, import, export, trade, transportation, use, transfer
and storage of nuclear raw materials, special fissionable materials and other strategic materials used in
the nuclear field. This Authority also makes recommendations on these subjects and encourages
co-operation in the field. A draft Regulation on Permission for the Export of Material and Equipment
used in the Nuclear Field and Related Technology is under consideration at the time of writing of this
study (1999).
6. Radiation Protection
In addition to the Radiation Safety Decree of 1985 [RG No. 18861 of 7 September 1985], a
number of regulations provide for radiation protection in various activities:
• Regulations for the Safety and Licensing of Gamma and Electron Beam Irradiation
Facilities [RG No. 21964 of 18 June 1994] lay down general safety provisions for the
design, construction, installation, operation, maintenance and decommissioning of such
facilities with a view to protecting the public and the environment;
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• Regulations for the Licensing of Radiotherapy Equipment [RG No. 21997 of 21 July 1994]
contain provisions for the radiation protection of workers, patients, the public and the
environment against equipment emitting ionising radiation and sealed sources used in
radiotherapy;
• Regulations for the Licensing of X-ray Equipment Used in Dentistry [RG No. 21666 of
12 August 1993] aim to protect dentists, patients, other persons and the environment
against the ionising radiation produced by X-ray equipment used in dentistry.
In 1973, the Ministry of Labour issued a Decree on Dangerous Activities [Decree No. 7/6174 of
29 March 1973 – RG No. 14502 of 9 April 1973], a list of which includes activities involving the use
of X-rays, radioactive substances and radiation-emitting equipment. The Decree lays down the safety
rules to be complied with when handling such substances and equipment.
Another Decree issued in 1973 by the above Ministry [Decree No. 7/6229 of 5 April 1973 – RG
No. 14511 of 18 April 1973 amended by Decree No. 7/8761 of 15 July 1974], relates to the protection
of workers in radiology and nuclear medicine. The Turkish Atomic Energy Authority and, in
particular, its Nuclear Safety and Radiation Health and Safety Departments are responsible for
drawing up and enforcing the implementing regulations.
A Regulation on Radiopharmaceuticals entered into force in 1993 [RG No. 21797 of
23 December 1993]. It provides that the Drug Regulatory Authority of the Ministry of Health is
responsible for licensing and inspecting radiopharmaceutical manufacturers and for registering and
controlling such products. This work is carried out in co-operation with TAEK.
7. Radioactive Waste Management
Radioactive waste processing installations are classified as nuclear installations and as such, are
covered by Decree No. 83/7405, which governs the licensing of nuclear installations.
Measures for protecting workers and the public against hazards arising from radioactive waste
are laid down in the Radiation Safety Decree [RG No. 18861 of 7 September 1985].
8. Non-Proliferation and Physical Protection
Nuclear installations in Turkey are covered by IAEA safeguards. Turkey ratified the
1968 Treaty on the Non-Proliferation of Nuclear Weapons on 17 April 1980 and signed the relevant
Safeguards Agreement with the IAEA, which entered into force on 1 August 1984.
Turkey is also a Party to the 1979 Convention on the Physical Protection of Nuclear Material
(ratified on 27 February 1985). It had already issued a Code of Practice in 1979 on physical protection
requirements for special nuclear materials [Regulation No. 8 published in RG No. 16702 of
20 July 1979], based on the relevant IAEA Recommendations [INFCIRC/225/Rev.1].
A Regulation on Nuclear Material Accounting and Control was adopted in 1997 [RG No. 2106
of 10 September 1997].
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9. Transport
A Regulation on the Safe Transport of Radioactive Materials entered into force in 1997
[RG No. 23106 of 10 September 1997].
The Turkish Atomic Energy Authority is generally responsible for licensing and supervising the
transport of radioactive substances.
As regards international agreements relating to the safe transport of dangerous goods, including
radioactive substances, Turkey applies the International Regulations concerning the Carriage of
Dangerous Goods by Rail (RID) [Regulation published in RG No. 15742 of 22 October 1976]; the
European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)
[Decree No. 8/522 of 6 March 1980 – RG No. 16998 of 25 May 1980], and the relevant international
regulations issued by the International Air Transport Association (IATA) and the International
Maritime Organisation (IMO).
10. Nuclear Third Party Liability
Although Turkey has been a Contracting Party to the 1960 Paris Convention on Third Party
Liability in the Field of Nuclear Energy since its entry into force in 1968 (ratified by Turkey on
10 October 1961), it has not yet adopted any special legislation in this field. However, a Law on
Nuclear Liability in the Nuclear Energy Field is being prepared at the time of writing of this
study (1999). There already exists a requirement that any operator of a nuclear installation within the
meaning of the Convention must have insurance or other suitable form of financial security, approved
by the Turkish Atomic Energy Authority, to cover its liability [Act No. 299 of 8 May 1961 – RG
No. 10806 of 13 May 1961; Act No. 878 of 1 June 1967 – RG No. 12620 of 13 June 1967].
II. INSTITUTIONAL FRAMEWORK
1. Regulatory and Supervisory Authorities
a) Prime Minister
At the outset, nuclear activities in Turkey were placed under the authority of the Prime Minister.
More specifically, the Atomic Energy Commission (now the Turkish Atomic Energy Authority) was
established under his authority and it is still administratively attached to the Prime Minister’s Office
[Act No. 6821 of 27 August 1956 setting up the Commission, now superseded by Act No. 2690 of
13 July 1982].
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b) Ministry of Energy and Natural Resources
This Ministry sets national goals and policies concerning the use of energy and natural resources
to improve and strengthen the national defence, welfare and economy.
c) Ministry of Health
This Ministry is responsible for public health. It is also the supervisory authority over the
General Directorate for Drugs and Pharmacy which was established in 1946 and reorganised in 1984
to become the Drug Regulatory Authority under the Ministry.
d) Ministry of the Environment
This Ministry, established by Act No. KHK/443 in 1991, establishes principles of national
policy and related plans and programmes for protection and improvement of the environment, and the
prevention of environmental pollution. In concrete terms, the Ministry’s responsibilities include
ensuring the most proper and effective use and protection of land, the protection and improvement of
the natural plant and animal habitat and the prevention of environmental pollution. In order to carry
out these responsibilities, the Ministry issued a Decree on assessment of installations in terms of their
environmental impact on 23 June 1997 [RG No. 23028]. According to this Decree on Environmental
Impact Assessment, the operator of a facility has to prepare an Environmental Impact Assessment
Report (EIAR) at the planning stage, which should be submitted to the Ministry. The Ministry
evaluates the report for the feasibility and environmental aspects of the proposed installation, and
grants permission to the operator to carry out his project if the report is found satisfactory. Nuclear
installations fall within the definition of facilities which require this authorisation from the Ministry.
2. Public and Semi-Public Agencies
a) Turkish Atomic Energy Authority (TAEK)
The former Atomic Energy Commission was reorganised to give it greater operational
independence and to broaden its fields of responsibility, and was renamed the Turkish Atomic Energy
Authority ( Türkiye Atom Enerjisi Kurumu – TAEK) by Act No. 2690 of 13 July 1982.
i) Legal status
To enable it to carry out the programme assigned to it by the 1982 Act, TAEK, although
remaining under the authority of the Prime Minister, now has its own legal status [Section 3].
ii) Responsibilities
TAEK’s general objective is to promote the peaceful uses of nuclear energy under the energy
development plans approved by the Turkish Government and the application of nuclear techniques. Its
task is to provide a framework within which the basic principles and policies related to nuclear energy
may be established and scientific, technical and administrative research in this field may be carried out
and supervised [Section 1]. TAEK is also responsible for defining safety measures for all nuclear
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