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The Indo-French Civil Nuclear Cooperation Agreement was sealed between India and France in Paris on September 30, 2008. According to the deal, the nuclear fuel that is used in the French nuclear reactors can be reprocessed under safeguards. The agreement also ensures a supply of nuclear fuel for these reactors for a long period of time.
It is interesting to note that the deal does not categorically prohibit the hand over of enrichment and reprocessing technologies, specifically referred to as ENR technologies or Sensitive Nuclear Technologies. However, if these technologies need to be transferred from the United States to India, the India-U.S. Civil Nuclear Cooperation Agreement (the 123 Agreement) needs to be modified. This also requires congressional consent.
Areva, which is a French nuclear supplier, has been given a site for the nuclear project at Jaitapur in Maharashtra to erect two power plants based on its EPR1600 light water reactors. The waiver which is India specific and pertains to the directives of nuclear transfer of the Nuclear Suppliers Group (NSG) was published on September 6, 2008.
The points of the Indo-French pact became apprehensible with appearing on the public front followed by an approval from the French Senate (the upper chamber) on October 15, 2009. However, the deal is still pending for the final nod from the lower chamber of Parliament, known as the National Assembly. Allen Perier, the press information officer of the French Embassy, said the Assembly reviewed the treaty on October 28. It is expected that the deal will be finalized by November end and be effective by the end of this year.
India has obtained categorical reprocessing rights from nations like Russia and France. However, the reprocessing needs to be carried out under the International Atomic Energy Agency’s (IAEA) safeguards. This has put US on relatively a disadvantageous position. According to the Article 6 (iii) of the 123 Agreement, reprocessing rights for spent fuel can only be given by a US facility if “subsequent arrangements and procedures” are resolved. At present, these issues are being discussed between the two countries.
It is, hence, unclear till now whether the rights for reprocessing would be given and, if the rights are given would they be unconditional. Further, the 123 Agreement demands the establishment of new reprocessing facility under IAEA safeguards. However, this is not required in case of the reprocessing rights granted by France and Russia.
Indo-French agreement’s Article V (3) contains: “Reprocessing and any other alteration in form or content of nuclear material transferred pursuant to this Agreement and nuclear material used in or produced through the use of material, nuclear material, equipment or technology so transferred shall be carried out in a national nuclear facility under IAEA safeguards. Any special fissionable material that may be separated thereby may be stored and utilised in national facilities in the recipient country under IAEA safeguards.”
Article I (2) that defines the scope of cooperation comprises the following: “…Full civil nuclear cooperation activities covering nuclear reactors, nuclear fuel supply and other aspects as agreed between the parties; nuclear fuel and nuclear fuel cycle management including through the development strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of India’s safeguarded nuclear reactors.”
Article V (1) reads the following: “The party supplying nuclear power plant shall facilitate reliable uninterrupted and continued access… nuclear fuel supplies, reactor systems and components for the lifetime of the supplied nuclear power plant. In respect of supply of nuclear fuel for the lifetime of India’s safeguarded reactors, long term contracts… will be established between respective designated entities of the parties.”
Article V (2) later says: “To further safeguard against any disruption of supply over the lifetime of India’s safeguarded reactors, France will support an Indian effort to develop a strategic reserve of nuclear fuel. This support includes France convening a group of friendly countries or joining such a group convened by others to pursue such measures as would restore fuel supply to India in the event of fuel supplies to India.”
As per the transfer of technology or equipment is concerned, Article I (3) states without any reservation: “Cooperation under the Agreement may take the following forms: …Supply of material, nuclear material, equipment, technology, facilities and services including setting up of nuclear power projects.” The Article also mentions about “Nuclear cooperation projects in third countries.”
Nevertheless, the Agreement needs the formulation of a civil nuclear liability body, as has also been asked by the U.S. Article VIII (2) includes: “The Parties agree that, for the purpose of compensating for damage caused by a nuclear incident involving nuclear material, equipment, facilities and technology [transferred under the Agreement], each Party shall create a civil nuclear liability regime based on established international principles.” According to sources, a draft Indian bill pertaining to civil nuclear liability law has been prepared and is being discussed among the ministers before it is sent to the Parliament for authorization. The Hindu
November 6, 2009
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