PROPOSAL FOR A COUNCIL DECISION ON ACCEPTANCE OF THE TERMS OF REFERENCE OF THE INTERNATIONAL STUDY GROUP ON NICKEL
Date: 1991-09-19
Institutions: European Commission
Subjects: international cooperation, international organisation, market supervision, nickel, research body

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 337 final 

Brussels,  19 September 1991 

Proposal  for a 

COUNCIL  DECISION 

ni 

on  acceptance  of the t e ns  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  n e g o t i a t i ng  c o n f e r e n ce  c o n v e n ed  under  the  UNCTAD 
a d o p t ed  the  t e r ms  of  r e f e r e n ce  of  an  i n t e r n a t i o n al  study  group  on 
Since  the  c o n d i t i o ns  for  entry  into  force  were  not  met  within 
n i c k e l. 
the  s c h e d u l ed  time  limit  this  group  did  not  c o m m e n ce  its  w o r k. 

in  n i c k e l1 

international 
On  23  May  1990  t w e l ve  c o u n t r i es  r e p r e s e n t i ng  6 1%  of 
trade 
of 
r e f e r e n ce  of  the  i n t e r n a t i o n al  group  and  called  for  the  c o n v e n i ng  of 
the  first  m e e t i ng  of  the  group  in  The  H a g u e. 
T h is  m e e t i ng  was  held  on 
2 5 - 28  June  1990  and  The  H a g ue  was  c o n f i r m ed  as  the  future  location  of 
the  g r o u p 's  s e c r e t a r i a t. 

into  force  all 

the  terms 

to  bring 

d e c i d ed 

All  c o u n t r i es  a f f e c t ed  by  the  p r o d u c t i on  and  c o n s u m p t i on  of  nickel 
by  i n t e r n a t i o n al  t r a de  In  nickel  may  b e c o me  m e m b e rs  of  the  g r o u p. 

or 

f o l l o w i ng 

by  u n a n i m o us  a g r e e m e nt 

D u r i ng  the  inaugural  m e e t i ng  the  t e r ms  of  r e f e r e n ce  adopted  in  1986 
from 
were  a m e n d ed 
C a n a da  to  the  e f f e ct  that  "any  i n t e r g o v e r n m e n t al  body  r e s p o n s i b le  for 
n e g o t i a t i n g,  c o n c l u d i ng  and  a p p l y i ng  international  a g r e e m e n t s,  and  in 
p a r t i c u l ar  p r o d u ct  a g r e e m e n t s ",  may  b e c o me  a  member  of  the  g r o u p. 
This  a m e n d m e nt  a l l o ws  the  C o m m u n i t y,  as  r e p r e s e n t ed  by  the  C o m m i s s i o n, 
to  b e c o me  a  full  member  except  for  the  right  to  v o t e. 
The  C o m m u n i ty 
will  in  fact  pay  the  same  fixed  c o n t r i b u t i on  as  the  other  c o u n t r i es  in 
order  to  cover  4 0%  of  the  total  b u d g e t,  the  other  6 0%  being  s u b d i v i d ed 
b e t w e en  the  c o u n t r i es  In  a c c o r d a n ce  with  their  s h a re  of  international 
t r a d e. 

initiative 

an 

The  t e r ms  of  r e f e r e n ce  a p p r o v ed  by  the  c o n f e r e n ce  a s s i gn  the  group  the 
important  t a s ks  of  a n a l y s i ng  and  m o n i t o r i ng  the  m a r k et  for  and  trade 
in  n icke I : 

by  way  of  c o n s u l t a t i on  on  International  trade  in  n i c k e l; 

by  way  of  b e t t er  a c c e ss  to  and  a v a i l a b i l i ty  of  statistics-, 

by  way  of  s u i t a b le  s t u d i e s; 

by  way  of  e x a m i n a t i on  of  the  special  p r o b l e ms  that  exist  or  might 
arise  in  i n t e r n a t i o n al  trade  In  n i c k e l. 

G e r m a n y,  A u s t r a l i a,  C a n a d a,  C u b a,  F i n l a n d,  F r a n c e,  G r e e c e,  Indonesia, 
J a p a n,  N o r w a y,  N e t h e r l a n d s,  S w e d e n. 

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 
the 
into  force 
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. 

of  the  terms  of  reference 

of  the  group.  Were 

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  t e ns  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 

W h e r e as  some  Member  S t a t es  a l r e a dy  p a r t i c i p a te  In  the  work  of  the  G r o u p, 

HAS  D E C I D ED  AS  F O L L O W S: 

LLVJLL±-L 

The  terras  of  r e f e r e n ce  of  the  International  S t u dy  G r o up  on  Nickel  are 

h e r e by  a c c e p t ed  by  the  E u r o p e an  E c o n o m ic  C o m m u n i t y. 

The  C o m m u n i ty  and  the  Member  S t a t es  which  at  this  s t a ge  have  d e c i d ed  to 

p a r t i c i p a te 

in  the  work  of  the  Group  shall  s i m u l t a n e o u s ly 

lodge  their 

i n s t r u m e n ts  of  a c c e p t a n ce  with  the  S e c r e t a r y - G e n e r al  of  the  Group  as  soon 

as  the  n e c e s s a ry  internal  p r o c e d u r es  have  been  c o m p l e t e d. 

The  text  of  the  t e r ms  of  r e f e r e n ce  Is  a t t a c h ed  h e r e t o. 

A f _ U c H e _2 

The  P r e s i d e nt  of  the  Council  Is  hereby  a u t h o r i z ed  to  d e s i g n a te  the  p e r s o ns 

e m p o w e r ed 

to 

lodge 

the 

i n s t r u m e n ts 

of 

a c c e p t a n ce 

on 

b e h a lf 

of 

the 

Commun  Ity. 

Done  at  B r u s s e l s, 

For  the  Counc 

The  P r e s i d e nt 

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 
intergovernmental 

forum 

for 

by 

and 
a 
consultations  on Nickel. 

providing 

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 
selected  by  it  in  the  territory  of  a  Member  State.  The 
Group  shall  negotiate  a  Headquarters  Agreement  with  the 
host Government. 

,<*f» 

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 

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. 

shall 

the 

be 

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, 
internationally 
recognized published prices, and on other factors that 
influence the demand  for and supply of Nickel. 

international 

trade, 

(c)  The  Group  shall  endeavour  to  ensure  that  no 
information 
the 
confidentiality  of  the  operations  of  persons  or 
enterprises  producing,  processing,  marketing  or 
consuming Nickel. 

prejudice 

published 

shall 

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 
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. 

invite  those  Governments 

shall 

(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. 

1 Z. 

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  : 

i l l i m i t ée 

4 . 3.  Population  v i s ée  par 

l ' a c t i on 

Producteurs  et  consommateurs 
de  n i c k e l. 

5.  C l a s s i f i c a t i on  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  o b j e c t if  p l us  général  d é f i ni  dans 

la 

programmation  f i n a n c i è re  de  la  DG correspond  l ' o b j e c t if  de 
l ' a c t i on  proposée 

Actions  dans  le  domaine  i n d u s t r i e l. 

2.  J u s t i f i c a t i on  de  l ' a c t i on 

Il  n 'y  a  pas  d ' a l t e r n a t i ve  permettant  d ' a t t e i n d re 
o b j e c t i fs 

l es  mêmes 

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 

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