Siddharth Varadarajan

Vienna: The International Atomic Energy Agency on Friday approved India's safeguards agreement, with its 35-nation Governing Board adopting the draft text by consensus.

Reconvening after a lunch break at 3:15 pm, the Board immediately agreed to IAEA Director General Mohammed el-Baradei's proposal that the draft safeguards agreement be adopted. Following the decision, a number of states, including India, will take the floor to make interpretative or declaratory statements. Among those who have indicated they will speak are Pakistan and Mexico.

In his opening statement earlier in the day, Dr. el-Baradei said the text "is an Infcirc/66-type safeguards agreement based on the Agency's standard safeguards practices and procedures" for states that are not party to the Nuclear Non-proliferation Treaty. These agreements "are not comprehensive or full-scope safeguards agreements", he added.

Describing the Indian draft as an "umbrella agreement" providing for any facility notified by India to become subject to Agency safeguards in the future, the IAEA DG said he expects to begin implementation of safeguards at new Indian facilities in 2009.

Dr. el-Baradei said the "umbrella" nature of the agreement provides for a "more efficient mechanism for ensuring that safeguards requirements can be met". "It satisfies India's needs while maintaining all the Agency's legal requirements".

In a reference to Pakistan's request to be treated the same as India, the IAEA chief said "such an 'umbrella' approach could also be used for the conclusion of other 66-type safeguards agreements".

Attempting to allay the fears of several European states that India may invoke the agreement's preambular references to "corrective measures" in order to withdraw facilities from safeguards at some point in the future, Dr. el-Baradei's opening statement said that the agreement is of "indefinite duration". There are no conditions for the discontinuation of safeguards other than those provided by the safeguards agreement itself, he said. "The termination provisions contained in the agreement are the same for other 66-type agreements".

'Read agreement as an integral whole'

But in a seeming concession to the Indian interpretation of the agreement, he added: "Natually—as with all safeguards agreements—this agreement is subject to the general rules of international law. Therefore, the agreement should be read as an integral whole. The preamble provides for contextual background and safeguards are implemented in accordance with the terms of the agreement".

In a brief statement, the U.S. ambassador, Gregory Schulte, said the agreement was "little different than those of other agreements based on Infcirc/66" and that under it, "safeguards would be applied to nuclear facilities in India using the same methods applied elsewhere in the world". Urging approval of the draft, he said that "without this agreement, the safeguards activities, and the assurance of peaceful use provided by them, will not be possible".

Speaking on behalf of the European Union, France told the Board that it supported the agreement as it considered it to be fully consistent with international non-proliferation norms. Diplomatic sources told The Hindu that Austria had opposed this formulation and delayed the framing of the EU statement for several hours before backing off.

Austria also tried to garner support for a joint statement by several countries with reservations about the Indian agreement. However, this attempt fizzled out Friday morning when it became clear that all other members preferred to make their own individual statements rather than creating the impression of a "gang up" on the India question.

The French statement also noted the EU's understanding that the Indian agreement followed standard IAEA safeguards procedures and provisions, including on the duration of safeguards.

Before the meeting began, some 20 countries had put their names down on a list of those wishing to make statements prior to the approval of the safeguards agreement. These included Brazil, South Africa, Ecuador, Japan, Iraq, Australia, Nigeria, Morocco, Russia, Switzerland, the United States, Albania, Thailand and Canada. Other delegations are also expected to make statements. As the meeting progresses, it is clear that virtually every member of the Board is likely to speak.

India will make a statement after the safeguards text is adopted, Indian officials said.

Prior to the meeting, the Pakistani ambassador told The Hindu his country was not pressing for a vote but would make a statement setting out its views.

Indian officials said they had received assurances of positive statements of support from a number of delegations, including Australia and Canada.

Prior to the meeting, the Chilean chairman of the Board, Ambassador Milenko Skoknic told reporters he thought the agreement would sail through smoothly.

In his opening statement, the IAEA DG noted that India and the IAEA "have already begun discussions on an additional protocol to the draft safeguards agreement".