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18 November 2025

On Regulation On Amendment Of The Regulation On Nuclear Liability Insurance And Guarantee Against Nuclear Risks

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The "Regulation On Amendment of the Regulation on Nuclear Liability Insurance and Guarantee Against Nuclear Risks" ("Regulation") was published in the Official Gazette dated 7 November 2025.
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The "Regulation On Amendment of the Regulation on Nuclear Liability Insurance and Guarantee Against Nuclear Risks" ("Regulation") was published in the Official Gazette dated 7 November 2025. The Regulation introduces amendments to the provisions of the "Regulation on Nuclear Liability Insurance and Guarantee Against Nuclear Risks" ("Previous Regulation"). Pursuant to the Regulation, cross-references between articles have been corrected, a new provision has been introduced regarding the transfer of insurance obligations, specifying the documents to be submitted in such cases, and the exemption clause applicable to publicly owned research reactors has been updated. Within the scope of these amendments:

Article 4 of the Previous Regulation titled "Obligation of the Operator to Obtain Insurance or Provide a Guarantee" has been supplemented with a new paragraph numbered (5), enabling the operator to transfer its obligation to obtain insurance or provide a guarantee concerning the transportation of nuclear materials to the carrier, subject to the approval of the Authority. According to this amendment, the following documents and information must be submitted to the Nuclear Regulatory Authority ("Authority"): (I) the written agreement executed between the operator and the carrier, (II) documents evidencing that the carrier has completed the insurance procedures, (III) an explicit declaration by the carrier acknowledging its liability as if it were the operator, and (IV) other information and documents requested by the Authority. Accordingly, subject to the Authority's approval, the Regulation provides a legal basis for the transfer of the obligation to obtain insurance and to provide a guarantee from the operator to the carrier under the conditions specified above.

In addition, another amendment introduced by the Regulation concerns Article 12 of the Previous Regulation, in which the definition of the term "operator" has been revised to encompass "operators of research reactors falling within the scope of the Regulation on Authorizations Related to Nuclear Facilities published in the Official Gazette dated 17/3/2023 and numbered 32135, which are public administrations or entities whose capital is wholly owned by the public." Operators falling within this category have been exempted from the obligation to obtain insurance and to provide a guarantee. The manner in which nuclear damage arising from activities of such operators is regulated under the conditions set forth in Article 14 of the Nuclear Regulatory Act No. 7381.

This Regulation entered into force as of 7.10.2025.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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