D. PROVISIONS FOR REPROCESSING PLANTS
Introduction
| 79. | Additional
procedures applicable to the safeguarding of reprocessing plants
are set out below. |
Special Procedures Reports |
|
| 80. | The
frequency of submission of routine reports shall be once each
calendar month. |
| Inspections | |
| 81. | A
reprocessing plant having an annual throughput not exceeding 5
effective kilograms of nuclear material, and the safeguarded nuclear
material in it, may be routinely inspected twice a year. The reprocessing
plant, having an annual throughput exceeding 5 effective kilograms
of nuclear material, and the safeguarded nuclear material in it,
may be inspected at all times. The arrangements for inspections
set forth in paragraph 60 of this Agreement shall apply to all
inspections to be made under this paragraph. It is understood
that for plants having an annual throughput of more than 60 effective
kilograms, the right of access at all times would be normally
be implemented by means of continuous inspection. |
| 82. | When
a reprocessing plant is under Agency safeguards only because it
contains safeguarded nuclear material, the inspection frequency
shall be based on the rate of delivery of safeguarded nuclear
material. |
| 83. | India
and the Agency shall cooperate in making all the necessary arrangements
to facilitate the taking, shipping or analysis of samples, due
account being taken of the limitations imposed by the characteristics
of a plant already in operation when placed under Agency safeguards. |
| Mixtures of Safeguarded and Unsafeguarded Nuclear Material | |
| 84. | India
and the Agency may agree on the following special arrangements
in the case of a reprocessing plant which has not been supplied
wholly or substantially under a project agreement, submitted to
safeguards under a safeguards agreement by the parties to a bilateral
or multilateral arrangement or unilaterally submitted to safeguards
under a safeguards agreement, and in which safeguarded and unsafeguarded
nuclear materials are present: |
| (a) | Subject
to the provisions of sub-paragraph (b) below, the Agency shall
restrict its safeguards procedures to the area in which irradiated
fuel is stored, until such time as all or any part of such fuel
is transferred out of the storage area into other parts of the
plant. Safeguards procedures shall cease to apply to the storage
area or plant when either contains no safeguarded nuclear material;
and |
| (b) | Where
possible, safeguarded nuclear material shall be measured and sampled
separately from unsafeguarded material, and at as early a stage
as possible. Where separate measurement, sampling or processing
are not possible, the whole of the material being processed in
that campaign shall be subject to the safeguards procedures set
out in Part III.D of this Agreement. At the conclusion of the
processing the nuclear material that is thereafter to be safeguarded
shall be selected by agreement between India and the Agency from
the whole output of the plant resulting from that campaign, due
account being taken of any processing losses accepted by the Agency. |
| E. | PROVISIONS FOR CONVERSION PLANTS, ENRICHMENT PLANTS AND FABRICATION PLANTS |
| Introduction | |
| 85. | Additional
procedures applicable to conversion plants and fabrication plants
are set out below. This terminology is synonymous with the term
"a plant for processing or fabricating nuclear material (excepting
a mine or ore-processing plant)" which is used in paragraph
117 of this Agreement. |
| 86. | In
the event that India decides to offer an enrichment plant in the
future as a facility subject to this Agreement, the Agency and
India shall consult and agree on the application of the Agency's
safeguards procedures for enrichment plants before any such facility
is added to the Annex. |
Special Procedures Reports |
|
| 87. | The frequency of submission of routine reports shall be once each calendar month. |
| Inspections | |
| 88. | A
conversion plant or a fabrication plant which has been supplied
wholly or substantially under a project agreement, submitted to
safeguards under a safeguards agreement by the parties to a bilateral
or multilateral arrangement, or unilaterally submitted to safeguards
under a safeguards agreement, and the nuclear material in it,
may be inspected at all times if the plant inventory at any time,
or the annual input, of nuclear material exceeds five effective
kilograms. Where neither the inventory at any time, nor the annual
input, exceeds five effective kilograms of nuclear material, the
routine inspections shall not exceed two a year. The arrangements
for inspections set forth in paragraph 57 of this Agreement shall
apply to all inspections to be made under this paragraph. It is
understood that, for plants having an inventory at any time, or
an annual input, of more than 60 effective kilograms, the right
of access at all times would normally be implemented by means
of continuous inspection. Where neither the inventory at any time
nor the annual input exceeds one effective kilogram of nuclear
material, the plant would not normally be subject to routine inspection. |
| 89. | When
a conversion plant or a fabrication plant which has not been supplied
wholly or substantially under a project agreement, submitted to
safeguards under a safeguards agreement by the parties to a bilateral
or multilateral arrangement or unilaterally submitted to safeguards
under a safeguards agreement contains safeguarded nuclear material,
the frequency of routine inspections shall be based on the inventory
at any time and the annual input of safeguarded nuclear material.
Where the inventory at any time, or the annual input, of safeguarded
nuclear material exceeds five effective kilograms the plant may
be inspected at all times. Where neither the inventory at any
time, nor the annual input, exceeds five effective kilograms of
safeguarded nuclear material, the routine inspections shall not
exceed two a year. The arrangements for inspection set forth in
paragraph 60 shall apply to all inspections to be made under this
paragraph. It is understood that, for plants having an inventory
at any time, or an annual input, of more than 60 effective kilograms,
the right of access at all times would normally be implemented
by means of continuous inspection. Where neither the inventory
at any time nor the annual input exceeds one effective kilogram
of nuclear material, the plant would not normally be subject to
routine inspection. |
| 90. | The
intensity of inspection of safeguarded nuclear material at various
steps in a conversion plant or a fabrication plant shall take
account of the nature, isotopic composition and amount of safeguarded
nuclear material in the plant. Safeguards shall be applied in
accordance with the general principles set forth in paragraphs
4 to 8 of this Agreement. Emphasis shall be placed on inspection
to control uranium of high enrichments and plutonium. |
| 91. | Where
a plant may handle safeguarded and unsafeguarded nuclear material,
India shall notify the Agency in advance of the programme for
handling safeguarded batches to enable the Agency to make inspections
during these periods, due account being also taken of the arrangements
under paragraph 92 of this Agreement. |
| 92. | India
and the Agency shall cooperate in making all the necessary arrangements
to facilitate the preparation of inventories of safeguarded nuclear
material and the taking, shipping and/or analysis of samples,
due account being taken of the limitations imposed by the characteristics
of a plant already in operation when placed under Agency safeguards. |
| Residues, Scrap and Waste | |
| 93. | India
shall ensure that safeguarded nuclear material contained in residues,
scrap or waste created during conversion or fabrication is recovered,
as far as is practicable, in its facilities and within a reasonable
period of time. If such recovery is not considered practicable
by India, India and the Agency shall cooperate in making arrangements
to account for and dispose of the material. |
| Safeguarded and Unsafeguarded Nuclear Material | |
| 94. | India
and the Agency may agree on the following special arrangements
in the case of a conversion plant or a fabrication plant which
has not been supplied wholly or substantially under a project
agreement, submitted to safeguards under a safeguards agreement
by the parties to a bilateral or multilateral arrangement or unilaterally
submitted to safeguards under a safeguards agreement, and in which
safeguarded and unsafeguarded nuclear material are both present: |
| (a) | Subject
to the provisions of sub-paragraph (b) below, the Agency shall
restrict its safeguards procedures to the area in which safeguarded
nuclear material is stored, until such time as all or any part
of such nuclear material is transferred out of the storage area
into other parts of the plant. Safeguards procedures shall cease
to be applied to the storage area or plant when it contains no
safeguarded nuclear material; and |
| (b) | Where
possible, safeguarded nuclear material shall be measured and sampled
separately from unsafeguarded nuclear material, and at as early
a stage as possible. Where separate measurement, sampling or processing
is not possible, any nuclear material containing safeguarded nuclear
material shall be subject to the safeguards procedures set out
in Part III.E of this Agreement. At the conclusion of processing,
the nuclear material that is thereafter to be safeguarded shall
be selected, in accordance with paragraph 96 of this Agreement
when applicable, by agreement between India and the Agency, due
account being taken of any processing losses accepted by the Agency. |
| Blending of Nuclear Material | |
| 95. | When
safeguarded nuclear material is to be blended with either safeguarded
or unsafeguarded nuclear material, the State shall notify the
Agency sufficiently in advance of the programme of blending to
enable the Agency to exercise its right to obtain evidence, through
inspection of the blending operation or otherwise, that the blending
is performed according to the programme. |
| 96. | When
safeguarded and unsafeguarded nuclear material are blended, if
the ratio of fissionable isotopes in the safeguarded component
going into the blend to all the fissionable isotopes in the blend
is 0.3 or greater, and if the concentration of fissionable isotopes
in the unsafeguarded nuclear material is increased by such blending,
then the whole blend shall remain subject to safeguards. In other
cases, the following procedures shall apply: |
| (a) | Plutonium/plutonium
blending: The quantity of the blend that shall continue to be
safeguarded shall be such that its weight, when multiplied by
the square of the weight fraction of contained fissionable isotopes,
is not less than the weight of originally safeguarded plutonium
multiplied by the square of the weight fraction of fissionable
isotopes therein, provided however that: |
| (i) | In
cases where the weight of the whole blend, when multiplied by
the square of the weight fraction of contained fissionable isotopes,
is less than the weight of originally safeguarded plutonium multiplied
by the square of the weight fraction of fissionable isotopes therein,
the whole of the blend shall be safeguarded; and |
| (ii) | The
number of fissionable atoms in the portion of the blend that shall
continue to be under safeguards shall in no case be less than
the number of fissionable atoms in the originally safeguarded
plutonium; |
| (b) | Uranium/uranium
blending: The quantity of the blend that shall continue to be
safeguarded shall be such that the number of effective kilograms
is not less than the number of effective kilograms in the originally
safeguarded uranium, provided however that: |
| (i) | In
cases where the number of effective kilograms in the whole blend
is less than in the safeguarded uranium, the whole of the blend
shall be safeguarded; and |
| (ii) | The
number of fissionable atoms in the portion of the blend that shall
continue to be under safeguards shall in no case be less than
the number of fissionable atoms in the originally safeguarded
uranium; |
| (c) | Uranium/plutonium
blending: The whole of the resultant blend shall be safeguarded
until the uranium and the plutonium constituents are separated.
After separation of the uranium and plutonium, safeguards shall
apply to the originally safeguarded component; and |
| (d) | Due
account shall be taken of any processing losses agreed upon between
the State and the Agency. |
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