The Regulation on Project Endorsement Programs of the Turkish Energy, Nuclear and Mineral Research Agency[1] (“TENMRA”) (the “Project Endorsement Regulation”) and the Regulation on Management Systems in Nuclear Facilities, Radiation Facilities and Radioactive Waste Facilities[2] (the “Management Systems Regulation”) have entered into force upon their publication in the Official Gazette on 27 April 2022.

Project Endorsement Regulation

The Project Endorsement Regulation has been issued by TENMRA to introduce rules and procedures for incentives and endorsements to be extended to projects for science and technology purposes relating to energy, minerals, ionising radiation, particle accelerators, nuclear energy, boron and rare earth elements.

The Project Endorsement Regulation authorises TENMRA to establish endorsement programs, either solely or jointly with national and international institutions, relating to the following projects:

a)         Research projects for the development of new scientific information, interpretation and methods;

b)         Strategic public projects demanded by public institutions;

c)         Networks and habitats to be established by public and private sector institutions to contribute to research, technology development and innovation activities; and

d)         Projects for developing production and marketing processes for technologies and/or products created in research and development activities.

TENMRA is responsible to endorse projects, determine the format for and receive and assess project applications. The directors or coordinators of these projects must submit regular progress reports to TENMRA.

Any endorsed projects may benefit from state funds from TENMRA’s budget. TENMRA will also cover certain expenses and is entrusted to monitor project cashflow.

One interesting point to note is that TENMRA becomes by default the sole owner of all intellectual property and industrial product rights (“IP Rights”) unless otherwise stated in the relevant project agreement. TENMRA becomes also entitled to 50% of the income to be generated from any such IP Rights.

Management Systems Regulation

The Management Systems Regulation, issued by the Nuclear Regulatory Agency (“NRA”) aims to establish management systems for institutions which install, operate and decommission nuclear facilities, radiation facilities or radioactive waste facilities.

This aims at developing a safety policy and creating a safety oriented culture by focusing on the environment and health.

Safety must not be compromised due to other commercial goals of institutions. All divisions within institutions (irrespective of rank) must develop safety goals that are measurable and compatible with their other commercial goals (including any interaction with third parties).

The Management Systems Regulation also provides for the documentation of management systems. All divisions within institutions must engage in activities to increase safety performance and correct any issues they may encounter. The managing bodies of institutions must supervise these activities and submit the results to NRA. NRA is authorised to control and monitor management systems and inform institutions of any shortcomings in their respective systems.

Measures taken to provide safety and security within institutions must be subject to quality standards as dictated by NRA. Under the Management Systems Regulation, institutions are obliged to establish a configuration system containing all design data and identifying information relating to nuclear facilities and radioactive waste facilities.

NRA is authorised to impose administrative fines in cases of non-compliance with the Law on Nuclear Supervision No. 7381[3] and the Management Systems Regulation.

Conclusion

The Project Endorsement Regulation provides for state support to be extended to research and development projects. TENMRA is entrusted to allocate such state support and to monitor the relevant projects.

The Management Systems Regulation provides for the establishment and operation of management systems to meet safety and security needs. Institutions that operate nuclear, radiation facilities and radioactive waste facilities must establish, maintain and operate management systems that prioritise and provide for safety and security.