Pursuant to Act No. 80-572 of 25 July 1980 on the protection and monitoring of nuclear material, the manufacture, possession, transfer, use and transport of fusible, fissionable or breeder nuclear material are subject to authorization and monitoring.

Irradiated spent fuel would not be subject to FMCT verification, thus leaving outside the verification scope valuable and sensitive fissile materials that weapon designers are keenly attracted to, namely low-burnup spent fuel resulting from short reactor exposures in military or civilian facilities, as well as blanket materials used in nuclear fast breeder reactors.