CELEX: 51991PC0337
Language: en
Date: 1991-09-19
Title: PROPOSAL FOR A COUNCIL DECISION ON ACCEPTANCE OF THE TERMS OF REFERENCE OF THE INTERNATIONAL STUDY GROUP ON NICKEL

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 n s of reference
                 if the International Study Group on Nickel
                        (presented by the Commission)
Mjt i,
 ---pagebreak---                                                                                                               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 n g c o n f e r e n c e c o n v e n e d under the UNCTAD
a d o p t e d the t e r m s of r e f e r e n c e of an i n t e r n a t i o n a l study group on
n i c k e l . Since the c o n d i t i o n s for entry into force were not met within
the s c h e d u l e d time limit this group did not c o m m e n c e its w o r k .
On 23 May 1990 t w e l v e c o u n t r i e s r e p r e s e n t i n g 6 1 % of international
trade         in n i c k e l 1 d e c i d e d to bring                  into force all the terms of
r e f e r e n c e of the i n t e r n a t i o n a l group and called for the c o n v e n i n g of
the first m e e t i n g of the group in The H a g u e . T h i s m e e t i n g was held on
2 5 - 2 8 June 1990 and The H a g u e was c o n f i r m e d as the future location of
the g r o u p ' s s e c r e t a r i a t .
All c o u n t r i e s a f f e c t e d       by the p r o d u c t i o n and c o n s u m p t i o n of nickel    or
by i n t e r n a t i o n a l t r a d e      In nickel may b e c o m e m e m b e r s of the g r o u p .
D u r i n g the inaugural m e e t i n g the t e r m s of r e f e r e n c e adopted in 1986
were a m e n d e d by u n a n i m o u s a g r e e m e n t f o l l o w i n g an initiative                   from
C a n a d a to the e f f e c t that "any i n t e r g o v e r n m e n t a l body r e s p o n s i b l e for
n e g o t i a t i n g , c o n c l u d i n g and a p p l y i n g international a g r e e m e n t s , and in
p a r t i c u l a r p r o d u c t a g r e e m e n t s " , may b e c o m e a member of the g r o u p .
This a m e n d m e n t a l l o w s the C o m m u n i t y , as r e p r e s e n t e d by the C o m m i s s i o n ,
to b e c o m e a full member except for the right to v o t e . The C o m m u n i t y
will in fact pay the same fixed c o n t r i b u t i o n as the other c o u n t r i e s 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 e d
b e t w e e n the c o u n t r i e s In a c c o r d a n c e with their s h a r e of international
trade.
The t e r m s of r e f e r e n c e a p p r o v e d by the c o n f e r e n c e a s s i g n the group the
 important t a s k s of a n a l y s i n g and m o n i t o r i n g the m a r k e t for and trade
 in n icke I :
       by way of c o n s u l t a t i o n         on    International trade          in n i c k e l ;
       by way of b e t t e r a c c e s s to and a v a i l a b i l i t y of statistics-,
       by way of s u i t a b l e           studies;
       by way of e x a m i n a t i o n of the special p r o b l e m s                 that      exist  or  might
       arise in i n t e r n a t i o n a l trade In n i c k e l .
 Germany, Australia, Canada, Cuba, Finland,                                   France, Greece,         Indonesia,
 Japan, Norway, Netherlands, Sweden.
 ---pagebreak---    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.
 ---pagebreak---                                                                                           Y
                            PROPOSAL FOR A COUNCIL    DECISION
                       on acceptance of the t e n s 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;
 ---pagebreak---                                                                                                                          5
W h e r e a s some Member S t a t e s a l r e a d y p a r t i c i p a t e      In the work of the            Group,
HAS D E C I D E D AS F O L L O W S :
                                                       LLVJLL±-L
The       terras   of     reference     of     the      International           Study  Group         on    Nickel    are
hereby accepted             by the E u r o p e a n E c o n o m i c   Community.
The      Community        and   the  Member S t a t e s        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 n e c e s s a r y      internal   p r o c e d u r e s have been          completed.
 The text of the t e r m s of r e f e r e n c e             Is a t t a c h e d hereto.
                                                       Af_UcHe_2
 The P r e s i d e n t    of the Council         Is hereby a u t h o r i z e d      to d e s i g n a t e   the  persons
 empowered         to      lodge    the     instruments            of      acceptance      on       behalf      of   the
 Commun Ity.
 Done at B r u s s e l s ,
                                                                                       For the           Counc
                                                                                       The      President
 ---pagebreak---                                                      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.
 ---pagebreak---    (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
 ---pagebreak---          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
 ---pagebreak---                                                                    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.
 ---pagebreak---        (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
 ---pagebreak---                                                                 /)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.
 ---pagebreak---                                                                               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 : i l l i m i t é e
4 . 3 . Population v i s é e par l ' a c t i o n   Producteurs e t consommateurs
                                                   de n i c k e l .
5. C l a s s i f i c a t i o n de l a 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.
 ---pagebreak---                                                                                         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 i f p l u s général d é f i n i dans l a
       programmation f i n a n c i è r e de l a DG correspond l ' o b j e c t i f        de
       l ' a c t i o n proposée
       Actions dans l e domaine i n d u s t r i e l .
2. J u s t i f i c a t i o n de l ' a c t i o n
    I l n ' y a pas d ' a l t e r n a t i v e permettant d ' a t t e i n d r e l e s mêmes
    objectifs
 ---pagebreak---                                                                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.
 ---pagebreak---                                                                               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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