Nuclear Regulation Law: Liability Regulations for Nuclear Damages

Enerji Hukuku

The Nuclear Regulation Law No. 7381 (“the Law”), adopted on 05.03.2022, has entered into force through its publication in the Official Gazette dated 08.03.2022 and numbered 31772.

The Law, based on the principle of peaceful use, sets out the principles and responsibilities of the parties to protect the employees, public, environment, and future generations from the potentially harmful effects of ionizing radiation during the execution of activities related to nuclear energy and ionizing radiation. It determines the powers and responsibilities of the Nuclear Regulatory Authority (“Authority”), which has regulatory control over these activities, and the legal responsibility for nuclear damages arising from nuclear incidents.

In terms of nuclear energy and radiation activities and related persons, facilities, devices, and substances; regulation, evaluation, authorization, and supervision activities carried out by the Authority and the implementation of sanctions will be carried out within the scope of regulatory control.

In accordance with the Law, natural or legal persons, who will carry out any activities related to nuclear energy and nuclear materials, shall be obliged to comply with international agreements and conventions regarding nuclear assurance to which the Republic of Turkey is a party.

Natural or legal persons wishing that carry out nuclear activities will apply to the Authority. Based on the principles of safety and security, the Authority will determine activities that require notification or authorization. For authorized legal entities, within the framework of the conditions of the authority granted, they will have all kinds of responsibilities. In other words, the responsibility will lie with the authorized person.

Regarding the civil liability for nuclear damages;

  • In cases where there is no provision in the Law on nuclear damages arising from nuclear incidents, the provisions of the Paris Convention shall apply.
  • The operator of the nuclear activity shall be liable for nuclear damages and compensation, regardless of whether it has any defects or not.

However, the operator shall not be liable for nuclear damage caused by a nuclear incident caused directly by an armed conflict, hostile acts, civil war, or insurrection.

  • The operator of a nuclear activity shall be liable for compensation for nuclear damage caused by a nuclear incident only in accordance with the provisions of the Paris Convention and the section "Civil Liability for Nuclear Damage" of the Law.
  • Those operating nuclear activities will be obliged to insure or show any other coverage for each nuclear facility or transport activity in accordance with the upper limits set by the Law and at the time and conditions set by the Authority.
  • A nuclear insurance pool will be established in order to provide insurance for the obligations of the nuclear activity operator specified in the "Civil Liability for Nuclear Damage" section. In addition, persons who suffered nuclear damages will be able to claim compensation for their damages from this pool.

You can find the full text of the Law (in Turkish) here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr