GENERAL Distr. Original: ENGLISH

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1 «>* I N F >^Vy^^Jf International Atomic Energy Agency 5,7 a 7 INFORMATION CIRCULAR 7Ш- INFCIRC/206//Mod 2.) 30 August W9 Ml GENERAL Distr. Original: ENGLISH THE TEXTS OF THE INSTRUMENTS CONCERNING THE AGENCY'S ASSISTANCE TO ROMANIA FOR THE ESTABLISHMENT OF A RESEARCH REACTOR PROJECT The Project Agreement Amendments 1. On 15 June 1990 the Agency and the Government of Romania signed a letter constituting an agreement amending the Project Agreement- concluded in connection with the Agency's assistance to Romanie for the establishment of a research reactor project. 2. The text of that letter, which was approved by the Board of Governors on 2/ 15 June 1990, is reproduced herein for the information of all Members.- 1/ Reproduced in document INFCIRC/206, Part II. 2/ The footnotes to the text have been added in the present information circular. 4044/

2 LETTER CONSTITUTING AN AGREEMENT AMENDING THE PROJECT AGREEMENT BETWEEN THE AGENCY AND ROMANIA Sir, I have the honour to refer to recent discussions regarding the proposed transfer of a further quantity of enriched uranium by the Government of the United States of America, through the International Atomic Energy Agency, to the Government of Romania for use in a research reactor in Romania. Pursuant to the authorization given by the Board of Governors on 15 June 1990 for the further transfer by the Government of the United States of America to the Government of Romania, through the Intentional Atomic Energy Agency, of approximately 37,200 grams of uranium with an enrichment of under 20 per cent in the isotope uranium-235, contained in fuel elements for use in the dual core TRIGA Mark III research reactor at the Institute of Nuclear Technology at Pitesti, Romania, I am pleased to propose that the Project Agreement set forth in document INFCIRC/206, Part II be amended as follows: (a) (b) in the first preambular paragraph replace the words "the Government of the Socialist Republic of Romania" by the words "the Government of Romania". replace Sections 6 and 7 by the following: Section 6. (1) Romania undertakes that the reactor, the supplied material and any special fissionable material used in or produced through their use, including subsequent generations of produced special fissionable material, shall not be used for the manufacture of any nuclear weapon or any nuclear explosive device, or for research on or the development of any nuclear weapon or any nuclear explosive device, or to further any military purpose. (2) The safeguards rights and responsibilities of the Agency provided for in Article XII.A of the Statute of the Agency (hereinafter called the "Statute") are relevant to the project and shall be implemented and maintained with respect to the project. Romania shall co-operate vith the Agency to facilitate the implementation of the safeguards required by this Agreement. H.E. Mr. Constantin Georgescu Resident Representative of Romania to the IAEA Prinz Eugen-Strasse Vienna

3 - 2 - (3) Agency safeguards referred to in this Article shall, for the duration of this Agreement, be implemented pursuant to the Agreement between the Socialist Republic of Romania and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, signed on 8 March 1972 and which entered into force on 27 October ]_/ (4) Article XII.С of the Statute shall apply with respect to any non-compliance by Romania with the provisions of this Agreement. (5) Upon request of the United States, Romania shall inform the United States of the status of all inventories of any materials required to be safeguarded pursuant to this Agreement. If the United States so requests, Romania shall permit the Agency to inform the United States of the status of all such inventories to the extent such information is available to the Agency. (c) add the following as new Article V, Section 7: ARTICLE V Physical Protection Section 7. (1) Romania undertakes that adequate physical protection measures shall be maintained with respect to supplied facilities, material and any special fissionable material used in or produced through the use thereof, including subsequent generations of produced special fissionable material. (2) The Parties to this Agreement (hereinafter called the "Parties") agree to the levels for the application of physical protection set forth in Annex A to this Agreement, which levels may be modified by mutual consent of the Parties without amendment to this Agreement. Romania shall maintain adequate physical protection measures in accordance with such levels. These measures shall as a minimum provide protection comparable to that set forth in Agency document IRFCIRC/225/Rev.2, entitled "The Physical Protection of Nuclear Material", as it may be revised from time to time. (d) replace existing Article V by the following: ARTICLE VI Safety Standards and Measures Section 8. The safety standards and measures specified in Annex В to this Agreement shall apply to the project. (e) (f) (g) re-number existing Articles VI to X as Articles VII to XI. add Annex A to this letter as Annex A to the Project Agreement; delete Annex entitled "Health and Safety Measures" and replace it by Annex В attached to this letter. V INFCIRC/180.

4 - 3 - If the above proposal Is acceptable, I would further propose that this letter in duplicate be counter-signed on behalf of the Government of Romania as indicated below. Thereupon, this letter together with its attachments shall constitute an agreement amending the Project Agreement which pursuant to Section 4 thereof applies to the supply of enriched uranium referred to in the second paragraph of this letter. Accept, Sir, the assurances of my highest consideration. For the IHTERHATIOHAL ATOMIC ENERGY AGENCY: Hans Blix (Signature) Vienna. 15 June 1990 (Place) (Date) For the GOVERNMENT OF ROMANIA: Sfpfan AlpvanHru Olariu (Signature) Vienna, 1*i Липе 199П (Place) (Date)

5 ANNEX A LEVELS OF PHYSICAL PROTECTION Pursuant to Article X, the agreed levels of physical protection to be ensured by the competent national authorities in the use, storage and transportation of nuclear material listed in the attached table shall as e minimum include protection characteristics as follows: CATEGORY III Use and storage within an area to which access is controlled. Transportation under special precautions including prior arrangements between sender, recipient and carrier, and prior agreement between entities subject to the jurisdiction and regulation of the supplier State and the recipient State, respectively, in case of international transport, specifying time, place and procedures for transferring transport responsibility. CATEGORY II Use and storage within a protected area to which access is controlled, i.e. an area under constant surveillance by guards or electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control, or any area with an equivalent level of physical protection. Transportation under special precautions including prior arrangements between sender, recipient and carrier, and prior agreement between entities subject to the jurisdiction and regulation of the supplier State and the recipient State, respectively, in case of international transport, specifying time, place and procedures for transferring transport responsibility. CATEGORY I Materials in this category shall be protected with highly reliable systems against unauthorized use as follows: Use and storage within a highly protected area, i.e. a protected area as defined for Category II above, to which, in addition, access is restricted to persons whose trustworthiness has been determined, and which is under surveillance by guards whc are in close communication with appropriate response forces. Specific measures taken in this context should have as their objective the detection and prevention of any assault abort of war, unauthorized access or unauthorized removal of material. Transportation under special precautions as identified above for transportation of Cateogry II and III materials and, in addition, under constant surveillance by escorts and under conditions which assure close communication with appropriate response forces.

6 TABLE: CATEGORIZATION OF NUCLEAR MATERIAL' M«ferial Form I Category II III 1. Plutonium 1 -' Unirradiatcd b 2 kg or more Les than 2 kg but more than 500 g 500 g or iess c 2. Uramum-235 d UnuTjdijtc b - uranium enriched to 20% M, U or more S kg or more Less than 5 kg but more than 1kg 1 kg or less c - uranium enriched to 10% 11S U but less than 20% 10 kg or more Less than 10kg c - uranium enriched above natural, but less than 10% " 5 U 10 kg or more 3. Uranium-233 Unimdiated b 2 kg or more Less than 2 kg but more than 500 g 500 g or less c All plutonium except that with иоюрнг concentration cscccding go% in piutoniam-})*. Malarial sol irradiated in reactor or materai irradiated in а rucui bal trim a radiation levd cejad to or lot titan 100 radt/hoar at one meter unshielded. Leat Мая a radiologicauy significant q>a.ility should be eiempted. Natural uranium, depleted uranium and thorium aad quantities of uranium enriched to ana thaa 10% not Calling a Category III should be protected in accordance with prudent management practice. Irradiated fad should be protected u Category I. U or III nuclear malarial depending on tax category of the fresh fuel. However, fuel which by «irtue of its original funde material content it included as Category I or II before irradiation should only be reduced one Category lev*!, while the radiation knrd from the fad cacases 100 rada/n at eae roete» unshielded. The State'* competent authority should determine if there * a eradiate tarant to dátenme plutonium malevolently. The Slate should then apply physical protection reaaereaeais for category I, II or III of nuclear malarial, at it dacaas appropriate and without regard to the plutonium quantify specified under each category hcrera, to the plutonium isotopes in those quantities aad forra» determined by ffcc State to fall within the acope of the credible dispersal threat.

7 ANNEX В SAFETY STANDARDS AND MEASURES 1. The safety standards and measures applicable to the project shall be those defined in Agency document INFCIRC/18/Eev.l (hereinafter called the "Safety Document") as specified below. 2. Romania shall apply the Agency's Basic Safety Standards for Radiation Protection-' and the relevant provisions of the Agency's Regulations for the Safe Transport of Radioactive Materials /as they may be revised from time to time, and as far as possible Romania shall apply them also to any shipment of the supplied material outside the jurisdiction of Romania. Romania shall endeavour to ensure safety conditions as recommended in the Agency's Code of Practice on the Safe Operation of Research Reactors and Critical Assemblies _'and other relevant Codes of Practice. 3. Romania shall arrange for the submission to the Agency, at least thirty (30) days prior to the proposed transfer of any part of the supplied material to the jurisdiction of Romania, of a detailed safety analysis report containing the information specified in paragraph 4.7 of the Safety Document, with particular reference to the following types of operations, to the extent that all relevant information is not yet available to the Agency: (a) (b) (c) (d) (e) (f) Receipt and handling of the supplied material; Loading of the supplied material into the reactor; Start-up and pre-operational testing of the reactor with the supplied material; Experimental program and procedures involving the reactor; Unloading of the supplied material from the reactor; and Handling and storage of the supplied material after unloading from the reactor. 4. Once the Agency has determined that the safety measures provided for the project are adequate, the Agency shall give Its consent for the start of the proposed operations. Should Romania desire to make substantial modifications to the procedures with respect to which information has been submitted, or to perform any operations with the reactor or the supplied material with respect to which operations no information has been submitted, Romania shall submit to the Agency all relevant information as specified in paragraph 4.7 of the Safety Document, on the basis of which the Agency may require the application of additional safety measures in accordance with paragraph 4.8 of the Safety Document. Once Romania has undertaken to apply the additional safety measures requested by the Agency, the Agency shall give its consent for the modifications or operations envisaged by Romania. V V У IAEA Safety Series No. 9, 1982 Edition (STI/PUB/607). Ibid. No. 6, 1985 Edition (as amended 1990) (STI/PUB/866). Ibid. No. 35, 1984 Edition (STI/PUB/667).

8 Romania shall arrange for submission to the Agency, as appropriate, of the reports specified in paragraphs 4.9 and 4.10 of the Safety Document. 6. The Agency may, in agreement with Romania, send safety missions for the purpose of providing advice and assistance to Romania in connection with the application of adequate safety measures to the project, in accordance with paragraphs 5.1 and and 5.3 of the Safety Document. Moreover, special safety missions may be arranged by the Agency in the circumstances specified in paragraph 5.2 of the Safety Document. 7. Changes in the safety standards and measures laid down in this Annex may be made by mutual consent between the Agency and Romania in accordance with paragraphs 6.2 and 6.3 of the Safety Document.