COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 337 final 
Brussels, 19 September 1991 
ni Proposal for a 
COUNCIL DECISION 
on acceptance of the tens of reference 
if the International Study Group on Nickel 
(presented by the Commission) 
Mjt i, 
z 
E^xpJ^a_na_^or_^_n^e_m_o_i^a_r^d_um_ 
On 2 May 1986 a negotiating conference convened under the UNCTAD 
adopted the terms of reference of an international study group on 
nickel. Since the conditions for entry into force were not met within 
the scheduled time limit this group did not commence its work. 
On 23 May 1990 twelve countries representing 61% of international 
trade in nickel1 decided to bring into force all the terms of 
reference of the international group and called for the convening of 
the first meeting of the group in The Hague. This meeting was held on 
25-28 June 1990 and The Hague was confirmed as the future location of 
the group's secretariat. 
All countries affected by the production and consumption of nickel 
by international trade In nickel may become members of the group. or 
During the inaugural meeting the terms of reference adopted in 1986 
were amended by unanimous agreement following an initiative from 
Canada to the effect that "any intergovernmental body responsible for 
negotiating, concluding and applying international agreements, and in 
particular product agreements", may become a member of the group. 
This amendment allows the Community, as represented by the Commission, 
to become a full member except for the right to vote. The Community 
will in fact pay the same fixed contribution as the other countries in 
order to cover 40% of the total budget, the other 60% being subdivided 
between the countries In accordance with their share of international 
trade. 
The terms of reference approved by the conference assign the group the 
important tasks of analysing and monitoring the market for and trade 
in n icke I : 
by way of consultation on International trade in nickel; 
by way of better access to and availability of statistics-, 
by way of suitable studies; 
by way of examination of the special problems that exist or might 
arise in international trade In nickel. 
Germany, Australia, Canada, Cuba, Finland, France, Greece, Indonesia, 
Japan, Norway, Netherlands, Sweden. 
The group's activities have a bearing on the common commercial policy. 
Consequently, the Community must be part of it and not be excluded 
from this international Initiative. However, only the participation 
of the countries has been taken into account to determine the entry 
into force of the terms of reference of the group. Were the 
Commission to claim exclusive powers for the Community under Article 
113 of the EEC Treaty and thus prevent the participation of the 
Member States it would be impossible for the group to operate. 
5. It therefore seems wise to have once more recourse to the arrangement 
provided for in the Council on adoption of the terms of reference of 
the international study groups on tin and copper. According to the 
joint Council-Commission declaration this arrangement may serve as a 
model for the study group on "nickel", which Is the subject of the 
Commission proposal. The text of the arrangement is contained in the 
annex, as is the proposal for a Council decision. 
Y 
PROPOSAL FOR A COUNCIL DECISION 
on acceptance of the tens of reference 
of the International Study Group on Nickel 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Articles 113 and 116 thereof, 
Having regard to the proposal from the Commission, 
Whereas the terms of reference of the International Study Group on Nickel 
were adopted in Geneva on 2 May 1986 by the United Nations Conference on 
Nickel and amended during the inaugural meeting of the Study Group in 
June 1990; 
Whereas the states and international organizations which participated in 
the Conference have been asked to notify the Secretary-General of their 
acceptance of the terms of reference in accordance with paragraph 19(c) 
thereof ; 
Whereas the Group will perform the Important functions of analysing and 
monitoring the market of and trade In nickel; 
Whereas the institutional structure of the Group, as laid down m the terms 
of reference, means Joint participation of the Community and those 
Member States which have agreed to the terms of reference; 
5 
Whereas some Member States already participate In the work of the Group, 
HAS DECIDED AS FOLLOWS: 
LLVJLL±-L 
The terras of reference of the International Study Group on Nickel are 
hereby accepted by the European Economic Community. 
The Community and the Member States which at this stage have decided to 
participate in the work of the Group shall simultaneously lodge their 
instruments of acceptance with the Secretary-General of the Group as soon 
as the necessary internal procedures have been completed. 
The text of the terms of reference Is attached hereto. 
Af_UcHe_2 
The President of the Council Is hereby authorized to designate the persons 
empowered to lodge the instruments of acceptance on behalf of the 
Commun Ity. 
Done at Brussels, 
For the Counc 
The President 
Annex ^ Q 
TERH8 OF REFERENCE OF THE INTERNATIONAL NICKEL STUDY GROUP, 
AS ADOPTED ON 2 HAY 1986 BY THE UNITED NATIONS CONFERENCE 
ON NICKEL, 1985, AND INCORPORATING AMENDMENTS APPROVED 
AT THE INAUGURAL MEETING, JUNE 1990 
Preamble 
The parties to this arrangement have reached an 
understanding for the establishment of an International Nickel 
Study Group which will have the following Terms of Reference. 
Establishment 
1. The International Nickel Study Group is hereby established 
to administer the provisions and supervise the operation of 
the Terms of Reference. 
Objectives 
To ensure enhanced international co-operation on issues 
concerning Nickel/ in particular by improving the 
H* information available on the international nickel economy 
and by providing a forum for intergovernmental 
consultations on Nickel. 
Definitions 
3. (a) "The Group" means the International Nickel Study Group 
as constituted in these Terms of Reference; 
(b) "Nickel" shall include, inter alia, scraps, wastes, 
and/or residues and such nickel products as the Group 
may determine; 
(c) "Members" means all States and intergovernmental 
organizations as provided for in paragraph 5 which 
have notified their acceptance pursuant to paragraph 
19. 
Functions 
4. (a) To establish the capacity for and to undertake the 
continued monitoring of the world nickel economy and 
its trends, particularly by establishing, maintaining 
and continuously updating a statistical system on 
world production, stocks, trade and consumption of all 
forms of Nickel. 
(b) To conduct between Members consultations and exchanges 
of information on developments related to the 
production, stocks, trade and consumption of all forms 
of Nickel. 
(c) To undertake studies as appropriate on a broad range 
of important issues concerning Nickel, in accordance 
with the decisions of the Group. 
(d) To consider special problems or difficulties which 
exist or may be expected to arise in the international 
nickel economy. 
Membership 
5. Membership of the Group shall be open to all States which 
are interested in the production or consumption of, or 
international trade in Nickel, and to any intergovernmental 
organization having responsibilities in respect of the 
negotiation, conclusion and application of international 
agreements, in particular commodity agreements. 
Powers of the Group 
6. (a) The Group shall exercise such * powers and perform or 
arrange for the performance of such functions as are 
necessary to carry out the provisions of the Terms of 
Reference. 
(b) The Group is not a trading organization and shall not 
have power to enter into any trading contract for 
Nickel or any other commodity or product. 
(c) The Group shall adopt such Rules of Procedure as are 
considered necessary to carry out its functions. 
Headquarters 
7. The Headquarters of the Group shall be at a location ,<*f» 
selected by it in the territory of a Member State. The 
Group shall negotiate a Headquarters Agreement with the 
host Government. 
Decision-making 
8. (a) The highest authority of the Group established under 
these Terms of Reference shall be vested in the 
General Session. 
(b) The Group, the Standing Committee referred to in 
paragraph 9, and such committees and subsidiary bodies 
as may be established, shall normally take decisions 
by consensus. If a vote is called for, it shall be 
taken under the conditions set out in the Rules of 
Procedure. 
Standing Committee 
9. (a) The Group shall establish a Standing Committee which 
shall consist of those Members of the Group who have 
indicated their desire to participate in its work. 
(b) The Standing Committee shall undertake such tasks as 
may be assigned to it by the Group and shall report to 
the Group on completion, or on progress, of its work. 
Committees and Subsidiary Bodies 
10. The Group may establish such committees or subsidiary 
bodies, in addition to the Standing Committee, on such 
terms and conditions as it may determine. 
Secretariat 
11. (a) The Group shall have a Secretariat consisting of a 
Secretary-General and such staff as may be required. 
(b) The Secretary-General shall be the chief 
administrative officer of the Group and shall be 
responsible to it for the administration and operation 
of these Terms of Reference in accordance with the 
decisions of the Group. 
Co-operation with others 
12. (a) The Group may make arrangements for consultations or 
co-operation with the United Nations, its organs or 
specialized agencies, and with other intergovernmental 
institutions, as appropriate. 
(b) The Group may also make arrangements for maintaining 
contact with interested non-participating Governments 
of the States referred to in paragraph 5, T;ith other 
international non-governmental organizations, or with 
private sector institutions, as appropriate. 
Legal status 
13. (a) The Group shall have legal personality in its host 
country. It shall, in particular, have the capacity 
to enter into contracts, to acquire and to dispose of 
3 
movable and immovable property, and to institute legal 
proceedings. 
(b) The status of the Group in the territory of the host 
Government shall be governed by a Headquarters 
Agreement between the host Government and the Group, 
to be concluded as soon as possible after these Terms 
of Reference have come into effect. 
Budget contributions 
14. The Group shall assess the contribution of each Member for 
each financial year, in the currency of the host country, 
in accordance with the provisions for contributions 
specified in the Rules of Procedure. The payment of the 
contribution by each Member shall be made in accordance 
with its constitutional procedures. 
Statistics and information 
15. (a) The Group shall collect, collate and make available to 
Members such statistical information on production, 
trade, stocks, consumption and internationally 
recognized published prices of Nickel as it deems 
appropriate for the effective operation of these Terms 
of Reference. 
(b) The Group shall make such arrangements as it considers 
appropriate by which information may be exchanged with 
the interested non-participating Governments and with 
appropriate non-governmental and intergovernmental 
organizations in order to ensure the availability of 
recent and reliable data on production, consumption, 
stocks, international trade, internationally 
recognized published prices, and on other factors that 
influence the demand for and supply of Nickel. 
(c) The Group shall endeavour to ensure that no 
information published shall prejudice the 
confidentiality of the operations of persons or 
enterprises producing, processing, marketing or 
consuming Nickel. 
Annual assessment and studies 
16. (a) The Group shall prepare and distribute to Members an 
annual assessment of the world nickel situation and 
related matters in the light of information supplied 
by Members and supplemented by information from all 
other relevant sources. 
(b) The Group shall, as deemed desirable, undertake or 
make appropriate arrangements to undertake studies of 
'\ short- and long-term trends in the international 
nickel economy, including, once a year or, with the 
approval of the Group, more than once a year, the 
provision of an outlook on nickel production, 
consumption and trade for the following calendar year, 
so that such an exchange of information will be a 
technical aid to Members in their, individual 
assessments of the evolution of the international 
n i eke1 economy. 
Obligations of Members 
17. Members shall use their best endeavours to co-operate and 
to promote the attainment of the objectives of the Group, 
in particular as far as the provision of data referred to 
in paragraph 15 on the nickel economy is concerned. 
Amendment 
18. The Terms of Reference may only be amended by consensus of 
the Group and without a vote. 
Coming into effect 
19. (a) These Terms of Reference shall come into effect when 
at least 15 States which in total account for over 50 
per cent of the world trade in Nickel have notified 
the Secretary-General of the United Nations pursuant 
to (c) below. If the Terms of Reference come into 
effect under this article, members shall be invited to 
attend an inaugural meeting. Members shall be 
notified at least one month, where possible, prior to 
that meeting. 
(b) If the requirements for the coming into effect of 
these Terms of Reference have not been met on 20 
September 1986, the Secretary-General of the United 
Nations shall invite those Governments having 
notified, pursuant to (c) below, their intention to 
become members of the Group, to meet at the earliest 
time practicable to decide whether or not to put these 
Terms of Reference into effect among th ;mselves in 
whole or in part. 
(c) Any State or any intergovernmental organization 
referred to in paragraph 5 which desires to become a 
Member of the Group shall give written notice that it 
intends to apply these Terms of Reference either 
provisionally, pending the conclusion of its internal 
procedures, or definitively. Pending the coming into 
effect of these Terms of Reference and the assumption 
/)1 
of office by the Secretary-General of the Group, such 
notice shall be given to the Secretary-General of the 
United Nations; thereafter it shall be given to the 
Secretary-General of the Group. A State applying 
these Terms of Reference provisionally shall endeavour 
to complete its procedures within six months but in 
any case not later than 12 months from the date of its 
notification and shall notify the depositary 
accordingly. 
Withdrawal 
20. (a) A Member may withdraw from the Group at any time by 
giving written notice of withdrawal to the Secretary-
General of the Group. 
(b) Withdrawal shall be without prejudice to any financial 
obligations already incurred and shall not entitle the 
withdrawing State to any rebate of its contribution 
for the year in which the withdrawal occurs. 
(c) Withdrawal shall become effective 60 days after the 
notice is received by the Secretary-General. 
(d) The Secretary-General shall notify each Member of any 
notification received under this paragraph. 
Duration of the Group 
21. The Group shall remain in existence as long as it continues 
in the opinion of the Members to serve a useful purpose, 
unless terminated in accordance with paragraph 22. 
Termination 
22. (a) The Group may at any time decide by a two-thirds 
majority vote*of the Members to terminate these Terms 
of Reference. Such termination shall take effect on 
such date as the Group shall decide. 
(b) Notwithstanding the termination of these Terms of 
Reference, the Group shall continue in being for as 
long as it is necessary to carry out its liquidation, 
including the settlement of accounts. 
1Z. 
Annexe Z 
FICHE FINANCIERE 
VOLET 1 : IMPLICATIONS FINANCIERES 
1. Intitulé de l'action : Participation de la Communauté au groupe 
d'étude sur le nickel. 
2. Ligne budgétaire concernée : B5-411 
3. Base légale : Art. 235 
4. Description de l'action 
4.1. Objectifs spéciaux de l'action : le groupe d'étude a 
d'importantes fonctions 
d'analyse et de surveillance 
du marché et du commerce du 
nickel. 
4.2. Durée : illimitée 
4.3. Population visée par l'action Producteurs et consommateurs 
de nickel. 
5. Classification de la dépense ou des recettes 
5.1. DNO 
5.2. CD 
6. Quelle est la nature de la dépense ou des recettes 
6.2. Subvention pour co-financement avec d'autres sources du 
secteur public 
7. Incidence financière sur les crédits d'intervention (partie B 
du budget) 
7.1. Le coût total de l'action est de 33.336 florins (soit 14.414 
Ecus) sur la base d'une prévision faite par le secrétaire 
général du groupe. 40 % du budget du groupe sont couverts par 
une contribution fixe égale pour tous les membres du groupe. 
La Communauté n'intervient pas pour les 60 % restants. 
7.3. Echéancier indicatif des crédits d'engagement et de payement 
Il est prévu de consommer 100 % des crédits en 1991. 
A3 
VOLET 2 : DEPENSES ADMINISTRATIVES (partie A du budget) 
L'action proposée n'implique aucune augmentation du nombre 
d'effectifs de la Commission. 
Montant des dépenses de fonctionnement : environ 1000 Ecus de 
frais de mission (7 jours à La Haye + 2 voyages en train 
Bruxelles-La Haye) 
VOLET 3 : ELEMENTS D'ANALYSE COUT-EFFICACITE 
1. Objectifs et cohérence avec la programmation financière 
1.1. Le groupe d'étude international du nickel rassemble des pays 
industrialisés et en développement producteurs et 
consommateurs de ce métal. Comme les statuts du groupe 
confient à celui-ci d'importantes fonctions d'analyse et de 
surveillance du marché et de commerce du nickel, il est 
indispensable que la Communauté soit présente dans le groupe 
afin d'être informée des politiques nationales de pays comme 
l'URSS, Cuba, le Canada et l'Australie qui pourraient 
influencer l'approvisionnement de la Communauté. 
1.2. L'action est-elle prévue dans la programmation financière de 
la DG pour les années concernées ? 
Oui. 
1.3. Indiquez à quel objectif plus général défini dans la 
programmation financière de la DG correspond l'objectif de 
l'action proposée 
Actions dans le domaine industriel. 
2. Justification de l'action 
Il n'y a pas d'alternative permettant d'atteindre les mêmes 
objectifs 
1y 
3. Suivi et évaluation de l'action 
3.1. Indicateurs de performance sélectionnés : Connaissance du 
commerce international du nickel, matière première 
essentielle pour l'industrie européenne. 
3.2. Modalités et périodicité de l'évaluation prévues : 
2 fois par an, faisant l'objet d'un rapport de mission. 
3.3. Principaux facteurs d'incertitude pouvant affecter les 
résultats spécifiques de l'action : 
Fluctuation dans l'approvisionnement du nickel/connaissances 
statistiques incomplètes. 
1j 
ISSN 0254-1475 
COM(91) 337 final 
DOCUMENTS 
EN 15 
Catalogue number : CB-CO-91-390-EN-C 
ISBN 92-77-75670-5 
Office for Official Publications of the European Communities 
LP2985 Luxembourg