The 57-article nuclear energy bill drafted by the Turkish Atomic Energy Agency (TAEK) will soon be sent to the Prime Ministry. After conducting its routine inspection, the Prime Ministry will send the bill to Parliament for enactment. The Turkish move to pass a nuclear bill comes against a backdrop of tensions between the US and Iran over Iran's uranium enrichment program, which the American administration says is geared toward the creation of nuclear weapons.
Yet another board
The bill foresees the establishment of a Turkish Nuclear Regulatory Board (TNDK) as an independent body free from the influence of the state, politicians and individuals. The board members will take an oath before the administration board of the Supreme Court of Appeals before taking office. They must swear that they will conduct their duties with utter care, honesty and impartiality; that they will not act contrary to the provisions of the nuclear energy law or allow violation of these provisions; that they will not allow people to gain unfair benefits; that they will abide by the principles of equality; and that they will prioritize the security and safety of individuals, society and the environment.
The TNDK may request all sorts of information or documents from the applicants or authorized people provided that principles of confidentiality are preserved. If necessary, the TNDK may allow information which is not regarded as a state secret or professional or trade secret to be accessible to national or international organizations, public authorities or the general public.
The prime minister will nominate a number of candidates that is twice the number of seats on the board. The candidates must be university graduates with flawless career records and at least 10 years of experience. The president will eventually select and appoint board members from among these nominees. Board members will serve four-year terms and can be reappointed.
TDNK board members and employees must hold classified information and trade secrets that they become privy to during the performance of their duties in the highest of confidence, only disclosing them to those individuals authorized by law to receive the information. Board members are forbidden from using any such information for personal or other benefit. Board members must file a declaration of property within one month after taking or leaving office, in addition to once every two years during their terms.
Peaceful purpose guarantee
Article 1 of the nuclear energy bill is on "peaceful use" and stipulates that "the nuclear energy and radiation sources are used only for peaceful purposes within the borders of the Turkish Republic." The bill requires TNDK authorization for nuclear activities in Turkey. As the board is supposed to authorize and inspect nuclear activities by real or corporate persons, it will be held responsible for such activities.
The proposed legislation specifies in detail the measures that must be taken to prevent human exposure to radiation, and again, the TNDK is responsible for setting security criteria. Licenses for nuclear activity will be issued by the TNDK and will be nontransferable to third parties. Licenses must be procured from the TNDK to operate nuclear facilities, radiation facilities, radioactive waste processing facilities and uranium or thorium ore processing plants.
In cases of urgency where security, safety or national security is or may be at risk, auditors may restrict or suspend authorizations within limits set by the TNDK.
Failure to obtain the authorization set forth in the nuclear energy bill for conducted activities specified therein will be punishable by law. The real or corporate persons who transport nuclear fuel, radioactive material or radioactive waste or who operate nuclear plants, radiation facilities or radioactive waste processing facilities will be responsible for providing financial guarantees concerning liabilities toward third parties. Such persons will be responsible also for contributing to the national radioactive account concerning the radioactive waste produced during their activities.
The bill also rearranges the duties and powers of the TAEK. In addition to the TAEK, a new commission will be established, the Turkish Atomic Energy Commission. The new commission will be made up of the undersecretaries of the Prime Ministry, the Energy and Natural Resources Ministry, the Foreign Ministry, the Finance Ministry, the Environment and Forestry Ministry, the Industry and Trade Ministry, the Health Ministry, the State Planning Organization (DPT) and the National Intelligence Organization (MİT), as well as the TAEK president. The Turkish Atomic Energy Commission will work out the principles of a national policy on the use of atomic energy for the nation's interests and approve plans and programs in this field.
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