Law on Certain Provisions Concerning the Turkish Energy, Nuclear and Mineral Research Agency

Law No. 2690 was adopted on 9 July 1982 and published in the Official Gazette dated 13 July 1982, No. 17753. In its original form it regulated the establishment, duties and bodies of the Turkish Atomic Energy Authority. Its present title is “Law on Certain Provisions Concerning the Turkish Energy, Nuclear and Mineral Research Agency”. The first 14 articles and some other provisions were repealed by Article 119 of Decree Law No. 703, and in later years the Law was re-regulated by Law No. 7524 (2024) and Law No. 7549 (2025).

What is the Law’s scope today?

The present text is not an establishment law listing the Agency’s duties and powers. It mainly regulates the revenues, exemptions, intellectual and industrial property rights and asset status of the Turkish Energy, Nuclear and Mineral Research Agency (TENMAK), together with certain personnel and payment rules. Articles 1 to 13 and several additional articles were repealed in 2018; the Constitutional Court’s decision of 7 December 2023 (E: 2021/125, K: 2023/213) also contains annulments relating to some provisions of the Law. The current position should therefore be followed from the consolidated text on mevzuat.gov.tr.

What are the Agency’s revenues and exemptions?

Article 14 lists the Agency’s revenues: Treasury aid from the general budget, income from its activities, publication income, income from its movable and immovable property, transferred income, fees paid to the Agency for radioactive waste management, income from intellectual and industrial property rights, donations and bequests, and other income. Revenue not spent by the end of the financial year is carried over to the next year.

Article 15 exempts the Agency from certain taxes, duties, funds and charges. These include customs duty and related liabilities on machinery, devices, chemicals and materials imported for research and development, court fees, building and land tax, and donations made to the Agency. The Agency does not need to obtain any certificate, licence or concession for the research and studies it carries out.

What do the provisions on intellectual property, assets and personnel provide?

Under Additional Article 2, rights in works, inventions, industrial designs, utility models and know-how arising in the Agency’s projects belong to the Agency. Up to fifty percent of the revenue from commercialising these products may be given to those who developed them, under procedures set by regulation. Additional Article 3 states that the Agency’s property and assets are regarded as State property and may not be seized or pledged.

Additional Article 4 provides that the extra pay for certain temporarily assigned personnel and academics may not exceed three times the minimum wage, that a project incentive bonus may not exceed four times the net minimum wage and may be paid at most three times a year, and that awards and scholarships may be given under the Agency’s regulation. Additional Article 6 provides that those sent abroad under Law No. 1416 on behalf of the Ministry of Energy and Natural Resources are appointed, on return, to assistant expert or expert posts.

What does it mean for destruction, waste and recycling?

The Law’s direct link with destruction and recycling is limited. The general framework for environmental and waste management is in Environmental Law No. 2872. The only express waste-related provision in Law No. 2690 is that fees paid to the Agency for radioactive waste management are listed among the Agency’s revenues in Article 14.

The management of waste containing nuclear or radioactive material is not described on this page; for the rules that apply, the legislation published by the Agency and the relevant ministry should be consulted.

What should be checked in practice?

Because the Law’s title and content have changed over time, the text still referred to as the “Atomic Energy Authority Law” should not be confused with today’s TENMAK provisions. Persons and organisations contracting with the Agency or running projects should bear in mind that intellectual property rights are regulated by contract (Additional Article 2) and that enforcement cannot be pursued against the Agency’s assets (Additional Article 3).