CELEX: 
Language: en
Date: 1982-12-03 00:00:00
Title: Council Decision of 31 March 1982 on the signature and notification of provisional application of the Sixth International Tin Agreement

3 . 12 . 82                        Official Journal of the European Communities                                No L 342 / 1
                                                            II
                                       (Acts whose publication is not obligatory)
                                                  COUNCIL
                                                COUNCIL DECISION
                                                    of 31 March 1982
               on the signature and notification of provisional application of the Sixth International Tin
                                                        Agreement
                                                     (82/ 809 / EEC)
THE COUNCIL OF THE EUROPEAN                                      HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                          Article 1
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular                       By 30 April 1982 the Community will sign the Sixth
Article 113 thereof,                                             International Tin Agreement, in accordance with
                                                                 Article 5 1 thereof, and will give notification to the
                                                                 Secretary-General of the United Nations Organ­
                                                                 ization, in accordance with Article 53 of the Agree­
Having regard to the recommendation from the                     ment, that it will apply the Agreement provisionally,
Commission ,                                                     as a consumer member, when it enters into force in
                                                                 accordance with Article 55 f 1 ).
Whereas the Sixth International Tin Agreement is
open for signature until 30 April 1982 ; whereas the                                      Article 2
said Agreement constitutes an instrument for the
regulation of international trade, having as its prin­           The President of the Council is hereby authorized to
cipal objective the balancing of tin supply and                  designate the person empowered to sign the Agree­
demand with a view to stabilizing the price of tin               ment, and to deposit the notification of provisional
taking account of conditions on the market ;                     application of the Agreement.
 whereas the application of the said Agreement by
 the Community will contribute to the implementa­                The texts of the notification of application and of
 tion of its common commercial policy ;                          the Agreement are annexed to this Decision .
                                                                 Done at Brussels, 31 March 1982 .
 Whereas the Community should therefore sign this
 Agreement and give notification to the Secretary­                                                 For the Council
 General of the United Nations Organization that it
 intends to apply the Agreement provisionally, sub­                                                 The President
ject to its subsequent approval,                                                               P. de KEERSMAEKER
                                                                  (J) See page 36 of this Official Journal .
 ---pagebreak--- No L 342 / 2                       Official Journal of the European Communities                     3 . 12 . 82
                                                       ANNEX I
                   Notification of provisional application of the Sixth International Tin Agreement
             In accordance with Article 53 of the Sixth International Tin Agreement, the Council of
             the European Communities hereby notifies the Secretary-General of the United
             Nations Organization, the depositary of the Agreement, that it intends to put into
             operation the institutional procedure required for approval of the Agreement and that
             the Community, as a consumer member, will apply the Agreement provisionally when
             it enters into force in accordance with Article 55 of the Agreement.
 ---pagebreak--- 3 . 12- 82                         Official Journal of the European Communities                           No L 342 / 3
                                                      ANNEX II
                                 SIXTH INTERNATIONAL TIN AGREEMENT
                                                     PREAMBLE
THE PARTIES TO THIS AGREEMENT,                                HAVE AGREED AS FOLLOWS :
                                                                            CHAPTER I — OBJECTIVES
recognizing :
                                                                                       Article 1
(a) the significant assistance to economic growth,                                    Objectives
      especially in developing producing countries,
      that can be given by commodity agreements in            The objectives of this Agreement are :
      helping to secure stabilization of prices and
      steady development of export earnings and of
      primary commodity markets ;
                                                              (a) to provide for adjustment between world pro­
                                                                   duction and consumption of tin and to alleviate
                                                                   serious difficulties arising from surplus or shor­
(b) the community and interrelationship of interests               tage of tin, whether anticipated or real ;
      of, and the value of continued cooperation
      between, producing and consuming countries in
      order to support the purposes and principles of         (b) to prevent excessive fluctuations in the price of
      the United Nations and the United Nations
                                                                   tin and in export earnings from tin ;
      Conference on Trade and Development and to
      resolve problems relevant to tin by means of an
      international commodity agreement, taking into
      account the role which the International Tin            (c) to make arrangements which will help to
      Agreement can play in the establishment of a                 increase the export earnings from tin, especially
      new international economic order ;                           those of the developing producing countries, so
                                                                    as to provide such countries with resources for
                                                                    accelerated economic growth and social
                                                                   development, while at the same time taking into
(c) the exceptional importance of tin to numerous                  account the interests of consumers ;
      countries whose economy is heavily dependent
      upon favourable and equitable conditions for
      its production, consumption or trade ;                  (d) to ensure conditions which will help to achieve
                                                                    a dynamic and rising rate of production of tin
                                                                    on the basis of a remunerative return to pro­
 (d) the need to protect and foster the health and                  ducers, which will help to secure an adequate
       growth of the tin industry, especially in the                supply at prices fair to consumers and to pro­
       developing producing countries, and to ensure                vide a long-term equilibrium between produc­
       adequate supplies of tin to safeguard the inter­             tion and consumption ;
       ests of consumers ;
 (e) the importance to tin-producing countries of              (e) to prevent widespread unemployment or
      maintaining and expanding their import pur­                   under-employment and other serious difficulties
       chasing power ; and                                          which may result from maladjustments between
                                                                    the supply of and the demand for tin ;
(f) the desirability of improving efficiency in the
      use of tin in both the developing and industrial­        (f) to improve further the expansion in the use of
      ized countries, as an aid to the conservation of              tin and the indigenous processing of tin, es­
      world tin resources,                                          pecially in the developing producing countries ;
 ---pagebreak--- No L 342 / 4                         Official Journal of the European Communities                              3 . 12 . 82
(g) m the event of a shortage of supplies of tin                Buffer stock means the buffer stock established by
      occurring or being expected to occur, to take             Article 21 and operated in accordance with Chap­
      steps to secure an increase in the production of         ter XIII of this Agreement.
      tin and a fair distribution of tin metal in order
      to mitigate serious difficulties which consuming
      countries might encounter ;                               Government guarantees/government undertakings
                                                                means the financial obligations to the Council
(h) in the event of a surplus of supplies of tin                which are committed by members as security for
     occurring or being expected to occur, to take              financing the additional buffer stock in accordance
     steps to mitigate serious difficulties which pro­          with Article 2 1 . They may, when relevant, be pro­
      ducing countries might encounter ;                        vided by the appropriate agencies of the members
                                                                concerned . Members shall be liable to the Council
                                                                up to the amount of their guarantees /undertakings .
(i) to review disposals of non-commercial stocks of
     tin by Governments and to take steps which
     would avoid any uncertainties and difficulties              Tin metal held means the metal , holding of the buffer
     which might arise ;                                        stock, including metal which has been bought for
                                                                the buffer stock but not yet received, and excluding
(j) to keep under review the need for the develop­              metal which has been sold from the buffer stock but
      ment and exploitation of new deposits of tin              not yet delivered, by the buffer stock manager.
      and for the promotion , through inter alia the
     technical and financial assistance resources of
     the United Nations and other organizations                 Tonne means a metric ton, i.e. 1 000 kilograms .
     within the United Nations system , of the most
      efficient methods of mining, concentration and            Control period means a period which has been so
      smelting of tin ores ;                                    declared by the Council and for which a total per­
                                                                missible export tonnage has been fixed .
(k) to promote the development of the tin market in
     the developing producing countries in order to
      encourage a more important role for them in the           Quarter means a calendar quarter beginning on
      marketing of tin ; and                                    1 January, 1 April, 1 July or 1 October.
(1) to continue the work of the International Tin               Net exports means the amount exported in the cir­
      Council    under   the   Fifth  International   Tin
                                                                cumstances set out in part one of Annex C to this
      Agreement (hereinafter referred to as 'the Fifth
                                                                Agreement less the amount imported as determined
      Agreement') and previous International Tin
                                                                in accordance with part two of the same Annex.
      Agreements .
                                                                 Member means a country whose Government has
                                                                ratified, accepted, approved or acceded to this
                                                                 Agreement or has notified the depositary under
              CHAPTER II — DEFINITIONS                           Article 53 that it will apply this Agreement provi­
                                                                sionally, or an organization meeting the require­
                                                                 ments of Article 56 .
                          Article 2
                        Definitions                              Producing member means a member which the
                                                                Council has declared, with the consent of that mem­
                                                                ber, to be a producing member.
 For the purposes of this Agreement :
  Tin means tin metal, any other refined tin or the tin          Consuming member means a member which the
 content of concentrates or tin ore which 1 has been
                                                                 Council has declared, with the consent of that mem­
 extracted from its natural occurrence . For the pur­            ber, to be a consuming member.
 poses of this definition, ' ore ' shall be deemed to
 exclude (a) material which has been extracted from
 the ore body for a purpose other than that of being             A simple majority is attained if a motion is sup­
 dressed, and (b) material which is discarded in the            ported by a majority of the votes cast by members .
 process of dressing.
  Tin metal means refined tin of good merchantable               A simple distributed majority is attained if a motion
 quality assaying not less than 99-75 %.                         is supported by both a majority of the votes cast by
 ---pagebreak--- 3 . 12 . 82                         Official Journal of the European Communities                           No L 342 / 5
producing members and a majority of the votes cast             such entry into force is definitive or provisional in
by consuming members .                                         accordance with Article 55 .
A two-thirds distributed majority is attained if a
motion is supported by both a two-thirds majority of
the votes cast by producing members and a two­                 Financial year means a penod of one year beginning
thirds majority of the votes cast by consuming mem­            on 1 July and ending on 30 June of the next year.
bers .
Entry into force means , except when qualified, the            A session shall comprise one or more meetings of
initial entry into force of this Agreement, whether            the Council .
                                                      PART ONE
                      THE INTERNATIONAL TIN COUNCIL : CONSTITUTIONAL PROVISIONS
  CHAPTER III — INTERNATIONAL TIN COUNCIL                                during the latter's absence or in other
                                                                         special circumstances .
                         Article 3
                                                                                         Article 5
  The continuation and the seat of the International Tin
                         Council                                                Categories of membership
 1 . The International Tin Council (hereinafter                 1 . Each member shall be declared by the Council ,
 referred to as 'the Council'), established by the pre­        with the consent of the member concerned , to be a
 vious International Tin Agreements , shall continue           producing or a consuming member, as soon as pos­
 in being for the purpose of administering the Sixth           sible after receipt by the Council of notice from the
 International Tin Agreement, with the membership ,            depositary that such member has deposited its
 powers and functions provided for in this Agree­              instrument of ratification, acceptance, approval or
 ment .                                                         accession under Article 52 or 54, or has given notifi­
                                                                cation under Article 53 that it will apply this Agree­
                                                                ment provisionally.
 2.    The seat of the Council shall be in the territory
 of a member.
                                                                2 . The membership of producing members and
                                                                consuming members shall be based respectively on
 3 . Subject to the requirement in paragraph'2 of this
                                                                their domestic mine production and their consump­
 Article, the seat of the Council shall be in London,
                                                                tion of tin metal, provided that :
 unless the Council, by a two-thirds distributed
 majority, decides otherwise .
                                                                (a) the membership of a producing member which
                                                                     consumes a substantial proportion of tin metal
                                                                     derived from its own domestic mine production
                         Article 4                                   shall , with the consent of that member, be based
                                                                     on its exports of tin ; and
                 Composition of the Council                     (b) the membership of a consuming member which
                                                                    produces from its own domestic mines a sub­
  1.   The Council shall be composed of all the mem­                 stantial proportion of the tin it consumes shall ,
 bers .                                                              with the consent of that member, be based on its
                                                                     imports of tin .
 2.    (a) Each Member shall be represented in the
            Council by one delegate and may designate           3 . In its instrument of ratification, acceptance,
            alternates and advisers to attend its ses­          approval or accession, or in its notification under
            sions .                                             Article 53 that it will apply this Agreement provi­
                                                                sionally, each Government may state the category of
       (b) An alternate delegate shall be empowered             membership to which it considers that it should
            to act and vote on behalf of the delegate           belong .
 ---pagebreak--- No L 342 / 6                        Official Journal of the European Communities                              3 . 12 . 82
4.    At its first session after the entry into force of           regard to the holdings and operations of the
this Agreement, the Council shall take the decisions               buffer stock as it considers necessary to fulfil its
necessary for the application of this Article, with the            functions under this Agreement ;
approval of producing members accounting for
more that 50 % of their total percentages of produc­
tion as set out in Annex A to this Agreement and of            (d) may request members to furnish available data
consuming members accounting for more than 50 %                    concerning tin production, the production costs
of their total percentages of consumption as set out               of tin, the level of tin production, tin consump­
in Annex B to this Agreement .                                     tion , international trade in and stocks of tin ,
                                                                   and any other information necessary for the
                                                                   satisfactory administration of this Agreement
                                                                   not inconsistent with the national security pro­
                                                                   visions as laid down in Article 47 , and members
                          Article 6
                                                                   shall furnish to the fullest extent possible the
                                                                   information so requested ;
                    Change of category
                                                              (e) shall establish buffer stock operational rules
 1 . Where on the basis of the statistical position a              which shall include inter alia financial measures
member has changed from the position of a produc­                  to be applied to members which fail to meet
ing to that of a -consuming member, or vice versa,                 their obligations under Article 22 ;
the Council shall, on the request of that member or
on its own initiative with the member's consent,
consider the new position, decide the change of cat­          (f) shall publish after the end of each financial year
egory and determine the percentage that would be                   a report on its activities for that year ;
applicable in accordance with the provisions of
paragraph 4 of Article 14.
                                                               (g) shall publish after the end of each quarter, but
                                                                   not earlier than three months after the end of
2 . From the date of coming into effect of the per­                that quarter, unless the Council decides other­
centage referred to in paragraph 1 of this Article, the ;          wise, a statement showing the tonnage of tin
member concerned shall cease to hold any of the                    metal held in the buffer stock at the end of that
rights and privileges, or to be bound by any of the                quarter ;
obligations , under this Agreement which pertain to :
members in its previous category, except any undis­
charged financial or other obligations incurred by             (h) shall make whatever arrangements are appro­
the member in its previous category, and shall                     priate for consultation and cooperation with :
acquire all the rights and privileges, and shall be
bound by all the obligations, under this Agreement                  (i) the United Nations, its appropriate organs ,
which pertain to members in its new category.                           particularly the United Nations Conference
                                                                        on Trade and Development, the specialized
                                                                        agencies , other organizations within the
                                                                         United Nations system and appropriate
                                                                        intergovernmental organizations ; and
     CHAPTER IV — POWERS AND FUNCTIONS
                                                                   (ii) non-members which are members of the
                                                                        United Nations or members of its special­
                                                                        ized agencies or which were parties to the
                          Article 7                                     previous International Tin Agreements .
           Powers and functions of the Council
The Council :
                                                                                       Article 8
(a) shall have such powers and perform such func­                             Procedures of the Council
     tions as may be necessary for the administration
     and operation of this Agreement ;
(b) shall have the power to borrow for the purposes            The Council :
     of the administrative account established under
      Article 17 , or of the buffer stock account in           (a) shall establish its own rules of procedure ;
     accordance with Article 24 ;
                                                               (b) may make whatever arrangements it considers
(c) shall receive from the executive chairman,                      necessary to advise the executive chairman
     whenever it so requests, such information with                 when the Council is not in session ;
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(c) may at any time :                                               5 . Notwithstanding the continuation of the subsi­
                                                                    diary bodies provided for in paragraph 1 of this
        (i) by a two-thirds distributed majority, dele­             Article, the Council may at any time terminate any
            gate to any of the subsidiary bodies referred           subsidiary body.
            to in Article 9 any power which the Council
            may exercise by a simple distributed major­
            ity, other than those relating to :
                                                                                             Article 10
            — assessment and apportionment of con­
                 tributions under Articles 20 and 22 res­
                 pectively,                                                           Statistics and studies
            — floor and ceiling prices under Articles               The Council :
                 27 and 3 1 ,
            — assessment of export control under Arti­              (a) shall make arrangements for the estimation , at
                 cles 32, '33 , 34, 35 and 36, or                         least once in every quarter, of the probable
                                                                          production and consumption of tin during the
            — action in the event of a tin shortage                       following quarter or quarters, with a view to
                 under Article 40 ; and                                   assessing the total statistical tin position for that
                                                                          period, and in this connection may take into
                                                                          account such other factors as are relevant ;
      (ii) by a simple majority, revoke any delegation
            of powers to any subsidiary body.                       (b) ; shall make arrangements for the continuing
                                                                          study of the production costs of tin , the level of
                                                                          tin production, price trends, market trends and
                                                                          the short-term and long-term problems of the
                              Article 9                                   world tin industry, and to this end shall under­
                                                                          take or promote such studies on problems of the
               Subsidiary bodies of the Council                           tin industry as it deems appropriate ;
                                                                    (c) shall keep itself informed of new uses of tin and
 1 . The following subsidiary bodies established by                       the development of substitute products which
the Council under previous International Tin Agree­                       might replace tin in its traditional uses ; and
ments shall continue in being to assist the Council
in the performance of its functions :                               (d) shall encourage closer relationships with and
                                                                          wider participation in organizations devoted to
(a) Economic and Price Review Panel ;                                     research into the efficient exploration for and
                                                                          production, processing and use of tin .
(b) Administrative Committee ;
(c) Buffer Finance Committee ;
(d) Committee on Costs and Prices ;                                          CHAPTER V — ORGANIZATION AND
                                                                                       ADMINISTRATION
(e ) Committee on Development ;
(f) Credentials Committee ; and
(g) Statistical Committee .                                                                   Article 11
                                                                      Executive chairman and vice-chairmen of the Council
2 . The Council may establish such other subsidiary
bodies as it deems necessary.
                                                                     1 . The Council shall, by a two-thirds distributed
                                                                    majority and by ballot, appoint an independent
 3 . The Council shall, by a two-thirds distributed                 executive chairman, who may be a national of one
majority, determine the membership and terms of                     of the members . The appointment of the executive
                                                                    chairman shall be considered at the first session of
reference of its subsidiary bodies .
                                                                    the Council after the entry into force of this Agree­
                                                                    ment .
4. Any subsidiary body may, unless the Council
decides otherwise, establish its own rules of pro­                  2 . A person shall not be eligible for appointment
 cedure .                                                           as executive chairman if he has been actively
 ---pagebreak--- No L 342 / 8                         Official Journal of the European Communities                                 3 . 12 . 82
engaged in the tin industry or in the tin trade during          2.   (a) Sessions shall be convened by the executive
the five years preceding the time of the appoint­                        chairman or, after consultation with the first
ment .                                                                   vice-chairman, by the acting chief executive
                                                                         officer. The Council, in addition to meeting
                                                                         in the other circumstances specifically pro­
3.   A member of the staff of the Council shall not                      vided for in this Agreement, shall also meet :
be excluded from "appointment as executive chair­
man by virtue of paragraph 2 of this Article .                              (i) at the request of any five members ; or
                                                                           (ii) at the request of members holding
4.   The executive chairman shall hold office for                               together at least 250 votes ; or
such period and on such other terms and conditions
as the Council may determine .                                            (iii) at the discretion of the executive chair­
                                                                                man .
 5.  The executive chairman shall convene sessions
                                                                     (b) The       Secretary-General     of   the   United
 and preside over meetings of the Council ; he shall                      Nations shall convene the first session of
 have no vote .
                                                                          the Council under this Agreement to begin
                                                                          within eight days after its entry into force .
6 . The Council shall elect annually two vice-chair­
men , one from among the delegates of the produc­
ing members and one from among the delegates of                 3 . Sessions shall, unless otherwise decided by the
the consuming members . The two vice-chairmen                   Council , be held at the seat of the Council . Notice
shall be designated respectively first vice-chairman            of sessions shall be given at least 15 days in ad­
and second vice-chairman . The first vice-chairman
                                                                vance, except in case of emergency, when sessions
 shall be selected for each alternate year from pro­            may be called on 72 hours' notice by the executive
 ducing members and consuming members respec­                   chairman, or where the provisions of this Agreement
tively.                                                         require otherwise.
 7 . If the executive chairman resigns or is perma­
 nently unable to perform his duties, the Council               4. Delegates holding _two-thirds of the total votes
 shall appoint a new executive chairman in accord­              of all producing members and two-thirds of the total
 ance with the procedure provided for in paragraph 1            votes of all consuming members shall together con­
 of this Article . Pending such appointment, or during          stitute a quorum for any meeting of the Council . If,
 temporary absences of the executive chairman, he               on the day appointed for the opening of any session
 shall be replaced by the first vice-chairman , or if           of the Council, there is not a quorum as defined
 necessary by the second vice-chairman, who shall               above, a further meeting shall be convened after not
 have only the duties of presiding over meetings,               less than seven days, at which delegates holding at
 unless the Council decides otherwise . The Council             least 500 votes of all producing members and at
 shall also provide in its rules of procedure for the           least 500 votes of all consuming members shall
 appointment of an acting chief executive officer res­          together constitute a quorum .
 ponsible for the administration and operation of
 this Agreement in accordance with Article 13 ,
 during temporary absences of the executive chair­
 man, or pending the appointment of a new execu­
 tive chairman in accordance with this paragraph .
                                                                                           Article 13
 8 . Where a vice-chairman replaces the executive
 chairman in pursuance of paragraph 7 of this Article
                                                                                    The staff of the Council
 he shall have no vote ; the right to vote of the mem­
 ber he represents may be exercised in accordance
 with the provisions of paragraph 2 (b) of Article 4 or
 paragraph 3 of Article 15 .                                     1 . The executive chairman appointed under
                                                                 Article 1 1 shall be responsible to the Council for the
                                                                 administration and operation of this Agreement in
                          Article 12                             accordance with the decisions of the Council .
                   Sessions of the Council
                                                                 2.   The executive chairman shall also be respon­
 1 . The Council shall, unless it decides otherwise,             sible for the management of the administrative
 hold four sessions a year.                                      services and staff.
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3 . The Council shall appoint a buffer stock man­             among the producing members as nearly as possible
ager (hereinafter referred to as 'the manager') and a         in proportion to their individual percentages of
Secretary of the Council (hereinafter referred to as          production as set out in the tables established or
'the Secretary') and shall determine the terms and            revised by the Council in accordance with para­
conditions of service of those two officers .                 graph 3 or 4 of this Article .
4.    The Council shall give instructions to the execu­       2 . The consuming members shall together hold
tive chairman as to the manner in which the man­              1 000 votes . Each consuming member shall receive
                                                              five initial votes, or, if there are more than 30 con­
ager is to carry out his responsibilities laid down
in this Agreement.                                            suming members , the highest whole number so that
                                                              the total of such initial votes shall not exceed 150 ;
                                                              the remainder shall be divided among the consum­
5 . The executive chairman shall be assisted by the           ing members as nearly as possible in proportion to
staff considered necessary by the Council . All staff,-       their individual percentages of consumption as set
including the manager and the Secretary, shall be             out in the tables established or revised by the Coun­
responsible to the executive chairman . The method            cil in accordance with paragraph 3 or 4 of this
of appointment and the conditions of employment               Article .
of the staff shall be approved by the Council .
                                                              3 . For the purposes of paragraphs 1 and 2 of this
                                                              Article, the Council, at its first session , shall estab­
6.    Neither the executive chairman nor members of
                                                              lish tables of percentages of production and con­
the staff shall have any financial interest in the tin        sumption for producing and consuming members
industry, tin trade, tin transport,- tin publicity, or        respectively . The tables so established shall take
other activities related to tin .
                                                              effect immediately .
7.    In the performance of their duties, neither the         4. The tables established in accordance with para­
executive chairman nor the members of the staff               graph 3 of this Article shall thereafter be revised by
shall seek or receive instructions from any Govern­           the Council annually and whenever there are
ment or person or authority other than the Council            changes in membership or in the category of any
or a person acting on behalf of the Council under             member . The tables so revised shall take effect
the terms of this Agreement. They shall refrain from          immediately.
any action which might reflect on their position as
international officials responsible only to the Coun­         5.   For the purposes of paragraphs 3 and 4 of this
cil . Each member undertakes to respect the exclu­            Article, the Council shall determine the distribution
sively international character of the responsibilities        or redistribution of percentages of production for
of the executive chairman and the members of the              the producing members in accordance with Annex F
staff and not to seek to influence them in the dis­           to this Agreement.
charge of their responsibilities .
                                                              6 . The Council may, by a two-thirds distributed
                                                              majority, revise Annex F.
8 . No information concerning the administration
or operation of this Agreement shall be revealed by
the executive chairman, the manager, the Secretary            7.   For the purposes of paragraphs 3 and 4 of this
                                                              Article, the Council shall determine the distribution
or other staff of the Council, except as may be
authorized by the Council or as is necessary for the          or redistribution of percentages of consumption for
proper discharge of their duties under this Agree­            consuming members on the basis of the average of
ment .
                                                              the consumption of tin of each consuming member
                                                              for each of the three preceding calendar years .
                                                              8.   No member shall have more than 450 votes .
                                                              9.   There shall be no fractional votes .
       CHAPTER VI — VOTES IN THE COUNCIL
                        Article 14
                                                                                      Article 15
                  Percentages and votes
                                                                           Voting procedure of the Council
 1 . The producing members shall together hold
 1 000 votes . Each producing member shall receive            1.   Each member shall be entitled to cast the num­
five initial votes ; the remainder shall be divided           ber of votes it holds in the Council . When voting, a
 ---pagebreak--- No L 342/ 10                         Official Journal of the European Communities                             3 . 12 . 82
member shall not divide its votes . When abstaining,            acquire and dispose of movable and immovable
a member shall be deemed not to have cast its votes .           property and to institute legal proceedings .
2 . Decisions of the Council shall, except where
otherwise provided, be taken by a simple distributed            2 . The Council shall have in the territory of each
majority.                                                       member, to the extent consistent with its law, such
                                                                exemption from taxation on the assets, income and
3 . Any member may, in a form satisfactory to the               other property of the Council as may be necessary
Council, authorize any other member to represent its            for the discharge of its functions under this Agree­
interests and to exercise its voting rights at any              ment .
session or meeting of the Council .
                                                                3 . The Council shall be accorded in the territory of
 CHAPTER VII — PRIVILEGES AND IMMUNITIES
                                                                each member such currency exchange facilities as
                                                                may be necessary for the discharge of its functions
                                                                under this Agreement.
                         Article 16
                Privileges and immunities                       4. The status, privileges and immunities of the
                                                                Council in the territory of the host Government
1 . The Council shall have legal personality. It shall          shall be governed by a Headquarters Agreement
in particular have the capacity to contract, to                 between the host Government and the Council .
                                                        PART TWO
                                                 FINANCIAL PROVISIONS
     CHAPTER VIII — ACCOUNTS AND AUDIT                          2 . The Council shall not be responsible for the
                                                                expenses of delegates to the Council or the expenses
                                                                of their alternates and advisers .
                         Article 1 7
                     Financial accounts
  1. (a) There shall be kept two accounts — the
          administrative account and the buffer stock
                                                                                       Article 18
          account — for the administration and oper­
          ation of this Agreement.
                                                                                 Currency of payments
     (b) The administrative expenses of the Council,
          including the remuneration of the executive
          chairman, the manager, the Secretary and              Cash payments to the administrative account by
          the staff, shall be entered into the adminis­         members under Articles 20 and 60, cash payments to
          trative account.                                      the buffer stock account by members under Arti­
                                                                cles 22 and 23 , cash payments from the administra­
                                                                tive account to members under Article 60 and cash
     (c) Any expenditure which is solely attributable
          to buffer stock transactions or operations,           payments from the buffer stock account to members
          including expenses for borrowing arrange­             under Articles 22, 23 and 26 shall be assessed in the
          ments, storage, commission and insurance,             currency of the host country and paid in that cur­
          shall   be   entered   into  the   buffer  stock      rency or, at the option of the member concerned, the
          account by the manager.                               equivalent of the amount due in the currency of the
                                                                host country at the rate of exchange on the date of
     (d) The liability of the buffer stock account for          payment may be paid in any currency which is
          any other type of expenditure shall be                freely convertible into the currency of the host coun­
          decided by the executive chairman .                   try on foreign exchange markets .
 ---pagebreak--- 3 . 12 . 82                        Official Journal of the European Communities                          No L 342 / 11
                        Article 19                              CHAPTER X — THE BUFFER STOCK ACCOUNT
                          Audit
                                                                                      Article 21
 1 . The Council shall appoint auditors for the pur­
pose of auditing its books of account.
                                                                      Establishment and size of the buffer stock
2 . The Council shall, as soon as possible after the
end of each financial year, publish the indepen­              In order to achieve the objectives of this Agreement
                                                              there shall be established inter alia a buffer stock
dently audited administrative and buffer stock
 accounts , provided that such buffer stock accounts          consisting of a normal stock of 30 000 tonnes of tin
 shall not be published earlier than three months             metal to be financed from government contribu­
 after the end of the financial year to which they            tions , and an additional stock of 20 000 tonnes of
 relate .                                                     tin metal to be financed from borrowing, using as
                                                              security stock warrants and, if necessary; govern­
                                                              ment guarantees/government undertakings .
        CHAPTER IX — THE ADMINISTRATIVE
                        ACCOUNT                                                       Article 22
                                                                        Financing of the normal buffer stock
                        Article 20
                                                              1 . The financing of the normal buffer stock shall at
                       The budget                             all times be shared equally between producing and
                                                              consuming members . Such financing may, where
 1.   The Council shall, at its first session after the       relevant, be provided by the appropriate agencies of
entry into force of this Agreement, approve the               the members concerned .
budget of income and expenditure of the adminis­
trative account for the period between the date of
entry into force of this Agreement and the end of             2 . An initial contribution amounting to the cash
the first financial year. Thereafter, it shall approve        equivalent of 10 000 tonnes of tin metal shall be due
an annual budget for each financial year. If at any           on entry into force of this Agreement. Subsequent
time during any financial year, because of unfore­            contributions amounting to the cash equivalent of
seen circumstances which have arisen or are likely            the remaining 20 000 tonnes of tin metal shall
                                                              become due on such date or dates as the Council
to arise, the balance remaining in the administrative
account is likely to be inadequate to meet the                 may determine .
administrative expenses of the Council, the Council
may approve a supplementary budget for the                    3 . The contributions referred to in paragraph 2 of
remainder of that financial year.                             this Article shall be apportioned by the Council
                                                              among members in accordance with their respective
2 . On the basis of the budgets described in para­            percentages of production or consumption as set out
graph 1 of this Article, the Council shall assess in           in the tables established or revised by the Council in
the currency of the host country the contribution to           accordance with paragraph 3 or 4 of Article 14
the administrative account of each member, which               which are in effect at the time of the apportionment
 shall be liable to pay its full contribution to the           of contributions .
 Council on notice of assessment .       Each member
 shall pay, in respect of each vote which it holds on
 the date of assessment, one two-thousandth of the            4.    The amounts of the contributions referred to in
 total amount required .                                      paragraph 2 of this Article shall be determined on
                                                              the basis of the floor price in effect at the date when
                                                              the contributions are called .
 3.    Any member which fails to pay its contribution
 to the administrative account within six months of
 the date of notice of assessment may be deprived by           5.   The initial contribution of a member due in
 the Council of its right to vote . If such a member           accordance with paragraph 2 of this Article may,
 fails to pay its contribution within 12 months of the         with the consent of that member, be made by trans­
 date of notice of assessment, the Council may                 fer from the buffer stock account held under the
 deprive it of any other rights under this Agreement,          Fifth Agreement.
 provided that the Council shall, on receipt of any
 such outstanding contribution, restore to the mem­
 ber concerned the rights of which it has been                 6.   If at any time the Council holds cash assets in
 deprived under this paragraph.                                the buffer stock account the total amount of which
 ---pagebreak--- No L 342 / 12                       Official Journal of the European Communities                               3 . 12 . 82
exceeds the cash equivalent of 10 000 tonnes of tin                                        Article 24
metal at the prevailing floor price, the Council may
authorize refunds out of such excess to members in                             Borrowing for the buffer stock
proportion to the contributions they have made
under this Article . At the request of a member, the           1 . The Council may borrow for the purposes of the
refund to which it is entitled may be retained in the          buffer stock and upon the security of tin warrants
buffer stock account .
                                                               held by the buffer stock such sum or sums as it
                                                               deems necessary. The terms and conditions of any
                                                               such borrowings shall be approved by the Council .
7 . Whilst this Agreement is in force provisionally,
and notwithstanding the provisions of paragraphs 2             2 . The Council may, by a two-thirds distributed
and 3 of this Article , the contribution of a member           majority, make any other arrangements it sees fit in
to be apportioned by the Council shall not exceed              order to supplement its resources .
 125 % of its contribution based on its percentage of
production or consumption as set out in Annex A or
B to this Agreement .                                          3 . All charges connected with these borrowings
                                                               and arrangements shall be assigned to the buffer
                                                               stock account .
                                                                                           Article 25
                        Article 23
                                                                Relationship with the Common Fund for Commodities
   Arrears in contributions to the buffer stock account
                                                               When the Common Fund becomes operational the
1 . If a member does not fulfil its obligation to con­         Council shall negotiate with the Fund for mutually
tribute to the buffer stock account by the date such           acceptable terms and modalities for an association
contribution becomes due, it shall be considered to            agreement with the Common Fund, in order to seek
be in arrears . A member in arrears for 60 days or             to take full advantage of the facilities of the Fund .
more shall not count as a member for the purpose of
a decision by the Council under paragraph 2 of this
Article .
                                                                CHAPTER XI — LIQUIDATION OF THE BUFFER
                                                                                           STOCK
2 . The voting and other rights in the Council of a
member in arrears for 60 days or more under para­
graph 1 of this Article shall be suspended, unless the
Council by a two-thirds distributed majority,
                                                                                           Article 26
decides otherwise, provided that any delay in the
fulfilment of a member's obligation to contribute to
the buffer stock account shall not be regarded as                                  Liquidation procedure
arrears for the purposes of this paragraph if such
delay has occurred exclusively in respect of that part          1 . On the termination of this Agreement, all buffer
of the contribution which exceeds the amount cor­              stock operations under Article 28 , 29, 30 or 31 shall
responding to its share of the estimated cost given in         cease . The manager shall thereafter make no further
Annex G to this Agreement.                                     purchase of tin and may sell tin only as authorized
                                                               by paragraph 2, 3 or 8 of this Article.
3 . The Council may call for coverage of arrears by            2 . Unless the Council substitutes other arrange­
other members on a voluntary basis .                           ments for those contained in this Article, the man­
                                                                ager shall, in connection with the liquidation of the
                                                               buffer stock, take the steps set out in paragraphs 3 ,
4.   When the default has been remedied to the                 4, 5 , 6, 7 , 8 and 1 1 of this Article .
satisfaction of the Council, the voting and other
rights of the member in arrears shall be restored . If
the arrears have been made good by other members,              3 . As soon as possible after the termination of this
these members shall be fully reimbursed.                       Agreement, the manager shall set aside from the bal­
 ---pagebreak--- 3 . 12 . 82                           Official Journal of the European Communities                            No L 342 / 13
ance remaining in the buffer stock account a sum                      tions made to the buffer stock by all members ,
which, in his estimation , is sufficient to repay any                 the deficit shall be apportioned among members
borrowings which may be outstanding under                             in proportion to their total contributions . The
Article 24, and to meet the total expenses of liquida­                amount of the deficit so apportioned to each
 tion of the buffer stock in accordance with the pro­                 member shall be deducted from the total of the
 visions of this Article . Should the balance remaining               contributions of that member determined = in
in the buffer stock account be inadequate for these                   accordance with subparagraph (a) above ;
 purposes, the manager shall sell sufficient tin over
 such period and in such quantities as the Council               (e) the result of the foregoing calculation shall , in
 may decide in order to provide the additional sum                   the case of each member, be treated as its share
required .                                                           of the buffer stock .
4. Subject to and in accordance with the terms of                6.  Subject to the provisions of paragraph 3 of this
this Agreement, the share of each member in the                  Article , the share of each member in the cash and tin
buffer stock shall be refunded to that member.                   available for distribution in accordance with para­
                                                                 graph 5 of this Article shall be allocated to it, pro­
                                                                 vided that if any member has forfeited the whole or
                                                                 part of its rights to participate in the proceeds of the
 5.    For the purpose of ascertaining the share of              liquidation of the buffer stock by virtue of
 each member in the buffer stock, the manager shall              Article 20, 23 , 36, 48 or 58 , it shall to that extent be
 adopt the following procedure :                                 excluded from the refund of its share and the result­
                                                                 ing residue shall be apportioned among the other
 (a) the contributions made by each member in cash               members in proportion to their respective shares in
                                                                 the buffer stock .
        to the buffer stock shall be determined ;
 (b) all the tin held by the manager on the date of
        termination of this Agreement shall be valued            7.  The ratio of tin to cash allocated under the
        on the basis of an appropriate price for tin on
        that date on a recognized market to be agreed            provisions of paragraphs 4, 5 and 6 of this Article to
                                                                 each member shall be the same .
        by the Council, and an amount to that value
        shall be added to the total cash held by him at
        that date after setting aside a sum as required by
        paragraph 3 of this Article ;
                                                                 8.  (a) Each member shall be repaid the cash allo­
                                                                            cated to it as the result of the procedure set
  (c) if the total arrived at under subparagraph (b)                        out in paragraph 5 of this Article .
        above is greater than the sum total of all the
        contributions made to the buffer stock by all
        members, the surplus shall be apportioned
         among members in proportion to the total con­                (b) The tin so allocated to each member shall
                                                                            be transferred to it in such instalments and
        tributions to the buffer stock of each member
         determined in accordance with subparagraph (a)                     over such period as the Council may deem
         above, multiplied by the number of days that                       appropriate, provided that, if the total
         such contributions have been at the disposal of                    quantity of tin to be transferred to members
                                                                            is less than 30 000 tonnes, the period shall
         the manager on the termination of this Agree­                      not exceed 24 months from the termination
         ment. For the purpose of calculating the number
                                                                            of this Agreement. If the total quantity of
         of days that a contribution has been at the dis­
                                                                            tin is 30 000 tonnes or more, it shall be
         posal of the manager neither the day on which
         the contribution was received by him nor the                       transferred to members at an average rate of
         day of the termination of this Agreement shall                     10 000 tonnes in each period of 12 months
         be counted . The amount of surplus so appor­                       from the termination of this Agreement.
         tioned to each member shall be added to the
         total of the contributions of that member deter­
         mined in accordance with subparagraph (a)                    (c) In making each transfer, the Council shall
         above . In calculating the apportionment of such                   have regard inter alia for :
         a surplus a forfeited contribution shall not be                      (i) the total quantity of tin available for
         regarded as having been at the disposal of the                           distribution ;
         manager during the period of forfeiture ;
                                                                             (ii) the effects that the release of such
  (d) if the total arrived at under subparagraph (b)                              quantity of tin may have on the market ;
         above is less than the sum of all the contribu­                          and
 ---pagebreak--- No L 342 / 14                         Official Journal of the European Communities                              3 . 12 . 82
           (iii) the interests of members with a view to         10 . Any tin allocated to a member which is not a
                 ensuring continued supply of tin .              party to a succeeding International Tin Agreement
                                                                 shall be returned to that member not later than six
     (d) At the option of any member any such                    months after the termination of this Agreement.
           instalment may be sold and the net pro­
           ceeds of such sale paid to that member.                11 . When all the tin has been disposed of in
                                                                 accordance with paragraph 8 of this Article, the man­
9 . Notwithstanding the liquidation procedure                    ager shall distribute among members any balance
provided for in this Article, any tin allocated to               remaining of the sum set aside under paragraphs of
members in accordance with paragraph 8 of this                   this Article in the proportions allocated to each
Article may be transferred to the buffer stock of a              member in accordance with paragraph 5 of this
subsequent International Tin Agreement.                          Article .
                                                       PART THREE
                                                 ECONOMIC PROVISIONS
  CHAPTER XII — FLOOR AND CEILING PRICES                         5 . In conducting its reviews of floor and ^ceiling
                                                                 prices, the Council shall take into account the
                                                                 short-term developments and the various levels and
                                                                 trends of tin production and consumption, the pro­
                           Article 27                            duction costs of tin, the existing capacity for mine
                                                                 production, the adequacy of the current price to
                    Floor and ceiling prices                     maintain sufficient future mine production capacity
                                                                 and other relevant factors affecting movements in
1 . For the purposes of this Agreement there shall               the price of tin .
be floor and ceiling prices for tin metal, which shall
be expressed in , Malaysian ringgit or in any other              6 . The Council shall publish without delay any
currency which the Council may decide . The range                revised floor and ceiling prices , including any provi­
between the floor and ceiling prices shall be 30 % of            sional or revised price determined under Article 31 .
the floor price and shall be divided into three equal
sectors .
                                                                     CHAPTER XIII — MANAGEMENT OF BUFFER
                                                                                    STOCK OPERATIONS
2 . Notwithstanding the provisions of paragraph 1
of this Article, the initial floor and ceiling prices
shall be those in effect under the Fifth Agreement at                                     Article 28
the date of termination of that Agreement.
                                                                                Operation of the buffer stock
3.   At its first session after the entry into forcp of           1 . « The manager shall, in conformity with Article 13
this Agreement, and thereafter on the basis of con­              and within the provisions of this Agreement and the
tinuing studies conducted by the Economic and                    framework of instructions of the Council, be respon­
Price Review Panel or by such other body as the                   sible to the executive chairman for the operation of
Council may decide, or in accordance with the pro­               the buffer stock .
visions of Article 31 , the Council shall review , and
may revise, the floor and ceiling prices with a view              2 . For the purposes of this Article, the market price
to attaining the objectives of this Agreement.                    of tin shall be the price of tin in that market recog­
                                                                  nized by the Council at the termination of the Fifth
                                                                  Agreement or such other price as the Council may at
 4.   If the Council does not determine new floor and             any time decide .
 ceiling prices at its first session after the entry into
 force of this Agreement, the floor price shall remain            3.    If the market price of tin :
 the same as that in effect at the date of the termina­
 tion of the Fifth Agreement and the ceiling price                (a) is equal to or greater than the ceiling price, the
 shall be 130 % of the floor price.                                     manager shall, unless instructed by the Council
 ---pagebreak--- 3 . 12 . 82                          Official Journal of the European Communities                          No L 342 / 15
      to operate otherwise and subject to Articles 29           2 . Notwithstanding the provisions of para­
      and 31 , offer for sale at the market price on            graph 3 (a) and (e) of Article 28 the Council, if in
      recognized markets such tin as is at his disposal         session , may restrict or suspend the operations of
      until the market price of tin falls below the ceil­       the buffer stock if, in its opinion, the discharge of
      ing price or the tin at his disposal is exhausted ;       the obligations laid upon the manager by those sub­
                                                                paragraphs will not achieve the purposes of this
                                                                Agreement.
(b) is in the upper sector of the range between the
      floor and ceiling prices, the manager may oper­
      ate on recognized markets at the market price in          3.   At such times as the Council is not in session ,
      order to prevent the market price from rising too         the power to restrict or suspend operations under
      steeply, provided he is a net seller of tin ;             paragraph 2 of this Article shall be vested in the
                                                                executive chairman .
(c) is in the middle sector of the range between the
      floor and ceiling prices , the manager may oper­          4. The executive chairman may at any time revoke
      ate only if so authorized by a two-thirds distri­         a restriction or suspension made under paragraph 3
      buted majority of the Council ;                           of this Article .
(d) is in the lower sector of the range between the             5 . Immediately after a decision by the executive
      floor and ceiling prices, the manager may oper­           chairman to restrict or suspend the operations of the
      ate on recognized markets at the market price in          buffer stock under paragraph 3 of this Article, he
                                                                shall convene a session of the Council to review
      order to prevent the market price from falling
                                                                such decision . Such session shall be held within
      too steeply, provided he is a net buyer of tin ; or
                                                                14 days after the date of the restriction or suspen­
                                                                sion .
 (e) is equal to or less than the floor price, the man­
       ager shall , unless instructed by the Council to
                                                                6 . The Council may confirm or cancel any restric­
       operate otherwise, if he has funds at his disposal
                                                                tion or suspension under paragraph 3 of this Article .
       and subject to Articles 29 and 31 , offer to buy
                                                                If the Council does not come to a decision, buffer
       tin on recognized markets at the market price
                                                                stock operations shall continue without the restric­
       until the market price of tin is above the floor         tion or shall be resumed in accordance with the
       price or the funds at his disposal are exhausted .
                                                                provisions of Article 28 .
                                                                7 . So long as any restriction or suspension of the
 4. For the purposes of this Agreement recognized               operations of the buffer stock determined in accord­
 markets shall be taken to mean the Penang Straits              ance with this Article remains in force , the Council
 Tin Market, the London Metal Exchange, and/ or                 shall review this decision at intervals of not longer
 any other market which may from time to time be                than six weeks . If at a session to make such a review
 recognized by the Council for the purposes of the              the Council does not come to a decision in favour
 operation of the buffer stock.                                  of the continuation of the restriction or suspension ,
                                                                buffer stock operations shall continue without the
                                                                restriction or shall be resumed .
 5 . The manager may engage in forward transac­
 tions under paragraphs of this Article only if these
 will be completed before the termination date of this
 Agreement or before some other date after the termi­                                    Article 30
 nation of this Agreement as determined by the
 Council .                                                                 Other operations of the buffer stock
                                                                 1 . The Council may authorize the manager to buy
                          Article 29
                                                                 tin from, or sell tin to or for the account of, a gov­
                                                                 ernmental non-commercial stock. The Council may
                                                                 also authorize the manager to buy tin from contri­
    Restriction or suspension of buffer stock operations         buting countries to the buffer stock of the Fifth
                                                                 Agreement from their share of the liquidation of the
 1 . Notwithstanding the provisions of para­                     buffer stock under that Agreement. The provisions
 graph 3 (b) and (d) of Article 28 the Council may               of paragraph 3 of Article 28 shall not apply to buy­
 restrict or suspend forward transactions of tin when            ing or selling of tin for which authority has been
 the Council considers it necessary to achieve the               given in accordance with the provisions of this para­
 purposes of this Agreement.                                     graph.
 ---pagebreak--- No L 342 / 16                       Official Journal of the European Communities                                3 . 12 . 82
2 . Notwithstanding the provisions of Articles 28               with this paragraph, the provisional floor and ceil­
and 29, the Council may authorize the manager, if               ing prices shall become the current floor and ceiling
his funds are inadequate to meet his operational                prices .
expenses , to sell sufficient quantities of tin at the
current price to meet expenses .                                6.   If the Council does not determine provisional
                                                                floor and ceiling prices in accordance with para­
                                                                graph 4 of this Article, it may at any subsequent
                                                                session determine what the floor and ceiling prices
                                                                shall be .
                         Article 31                             7 . Buffer stock operations shall be resumed in
                                                                accordance with the provisions of Article 28 on the
                                                                basis of such floor and ceiling prices as are deter­
     The buffer stock and changes in exchange rates             mined in accordance with paragraph 4, 5 or 6 of this
                                                                Article, as the case may be .
 1 . The executive chairman may convene, or any
member may request him to convene, a session of
the Council immediately to review the floor and
ceiling prices if the executive chairman or the mem­
ber, as the case may be, considers that changes in                       CHAPTER XIV — EXPORT CONTROL
exchange rates make such a review necessary . Ses­
sions may be convened under this paragraph at less
than seven days ' notice .                                                             Article 32
                                                                            Determination of export control
2 . In the circumstances set forth in paragraph 1 of
this Article, the executive chairman may, pending              1.    When at least 70 % of the maximum volume of
the session of the Council referred to in that para­           the buffer stock established under Article 21 , or the
graph, provisionally restrict or suspend the opera­            maximum volume of the buffer stock established
tions of the buffer stock, if such a restriction or sus­       under Article 2 1 as modified by the financial provi­
pension is in his opinion necessary to prevent                 sions of paragraph 7 of Article 22, whichever is less ,
buying or selling of tin by the manager to an extent           is held in tin metal in the buffer stock, the Council
likely to prejudice the purposes of this Agreement.            may, by a two-thirds distributed majority, declare a
                                                               control period .
3 . A restriction or a suspension of buffer stock
operations under this Article may be confirmed,                2.    When at least 80 % of the maximum volume of
amended or cancelled by the Council . If the Coun­             the buffer stock established under Article 21 , or the
cil does not come to a decision, buffer stock opera­           maximum volume of the buffer stock established
tions, if provisionally restricted or suspended, shall         under Article 21 as modified by the financial provi­
continue without the restriction or shall be resumed .         sions of paragraph 7 of Article 22, whichever is less,
                                                               is held in tin metal in the buffer stock, the Council
                                                               may declare a control period .
4. Within 30 days of its decision to confirm,
amend or cancel a restriction or a suspension of
buffer stock operations under this Article, the Coun­          3 . In declaring a control period under paragraph 1
cil shall consider the determination of provisional            or 2 of this Article, the Council shall fix a total per­
floor and ceiling prices and may determine these               missible export tonnage for producing members for
 prices . If the Council does not determine pro­               such control period, taking into account the esti­
 visional floor and ceiling prices in accordance with          mates of production and consumption made under
this paragraph, the existing floor and ceiling prices          subparagraph (a) of Article 10, the quantity of tin
shall , subject to the provisions of paragraph 6 of this        metal and cash held in the buffer stock, the quan­
Article, remain in effect.                                      tity, availability and probable trend of other stocks
                                                               of tin, the trade in tin, the current price of tin metal
                                                               and any other relevant factors .
5 . Within 90 days from the establishment of provi­
sional floor and ceiling prices the Council shall
review these prices and may determine new floor                 4. It shall also be the duty of the Council to adjust
and ceiling prices . If the Council does not deter­             supply to demand so as to maintain the price of tin
mine new floor and ceiling prices in accordance                 metal between the floor and ceiling prices . The
 ---pagebreak--- 3 . 12 . 82                         Official Journal of the European Communities                          No L 342 / 17
Council shall also aim to maintain available in the           (b) the latest known market price was in the lower
buffer stock tin metal and cash adequate to rectify                 sector of the price range, provided that, if the
discrepancies between supply and demand which                       requirements set forth in paragraph 8 of this
may arise .                                                         Article continue to be met, such increase shall
                                                                    immediately take effect when the market price
                                                                    recovers to the upper limit of that sector or any
                                                                    higher level .
5 . The limitation of exports under this Agreement
in each control period shall depend on the decision            10 . For the purposes of this Article the market
of the Council , and no such limitation shall operate          price of tin shall be the price of tin in the Penang
in any period unless the Council has declared it to            Straits Tin Market, unless the Council decides
be a control period and fixed a total permissible              otherwise .
export tonnage in respect of it.
                                                               11 .   When   the   Council   has  declared   a control
                                                               period and has fixed a total permissible export ton­
6 . The Council may declare control periods and                nage in respect of that period, the Council may at
fix total permissible export tonnages notwithstand­            the same time call upon any country which is also a
ing the restriction or suspension of buffer stock              producer of tin from mines within its territory or ter­
operations in accordance with the provisions of                ritories to put into effect for that period such a limi­
Article 29 or 3 1 .                                            tation of its exports of tin derived from such pro­
                                                               duction as may be agreed to be appropriate between
                                                               the Council and the country concerned . The Coun­
                                                               cil may also consult with countries which are con­
                                                               sumers of tin with a view to improving the effective­
7 . A total permissible export tonnage previously
                                                               ness of controls on supplies of tin coming on to
fixed under paragraph 3 of this Article may be                 international markets .
increased, but not decreased, by the Council during
the control period to which it relates .
                                                                12 . The Council may consult with consuming
                                                               members on appropriate measures not inconsistent
                                                               with other international agreements on trade, with
 8 . If, during a control period for which a total per­        the objective, during a control period, of seeking to
 missible export tonnage has been fixed in accord­             provide a preference as regards the import of tin
 ance with paragraph 3 of this Article, the 15-day             from producing members .
 moving average of the market price of tin remains at
 or above the upper limit of the lower sector of the
 price range established under Article 27 for 12 con­
 secutive market days , the permissible export ton­
 nage shall be increased so that the total permissible
                                                                                       Article 33
 export tonnage for the whole of that period shall be
 either :
                                                                                    Control periods
 (a) the level of exports for the corresponding period
      calculated on the basis of the quarterly average          1 . Control periods shall correspond to quarters ,
      level of exports during the last four consecutive         provided that, on any occasion when the limitation
       quarters which preceded the control period and           of exports is being introduced for the first time
       which were not declared control periods ; or             during the currency of this Agreement or is being
                                                                re-introduced after an interval during which there
 (b) 110% of the total permissible export tonnage               has been no limitation of exports , the Council may
       fixed for that control period ;                          declare as a control period any period not longer
                                                                than five months or shorter than two months ,
 whichever is the greater.                                      ending on 31 March, 30 June, 30 September or
                                                                31 December.
 9 . Notwithstanding the provisions of paragraph 8
 of this Article, the total permissible export tonnage
 for that control period shall not be increased if:             2.   A total permissible export tonnage which has
                                                                become effective shall not cease to be effective
 (a) a period of less than three months has elapsed             during the course of the control period to which it
       since the imposition of export control immedi­           relates by reason only of the fact that the buffer
       ately preceded by an interval during which no            stock holding has fallen below the minimum ton­
       limitation of exports was in force and prior to          nage of tin metal required under paragraphs 1 and 2
       the first of the 12 consecutive market days              of Article 32 or any other tonnage subsituted there­
        referred to in paragraph 8 of this Article ; or         for under those paragraphs .
 ---pagebreak---  No L 342 / 18                       Official Journal of the European Communities                              3 . 12 . 82
3 . A control penod already declared may be can­                        member for any control period shall, for the
celled before, or terminated during, the currency of                    purposes of this Article, be deemed to be
that period by the Council .                                            the permissible export tonnage of that mem­
                                                                        ber for that control period .
4. Notwithstanding the provisions of this Article,             3 . The net exports of tin from each producing
if, under the Fifth Agreement, a total permissible             member for each control period shall be limited,
export tonnage has been fixed in respect of the last           except as otherwise provided for in this Agreement,
quarter of that Agreement and is still effective at the        to the permissible export tonnage for that member
termination of that Agreement, and unless the                  for that control period .
Council decides otherwise at its first session :
(a) a control period which is in effect at the time of          4. Each producing member shall take such meas­
     entry into force of this Agreement shall be                ures as may be necessary to maintain and enforce
     deemed to have been declared under this Agree­             the provisions of this Article so that its exports shall
     ment ; and                                                 correspond as closely as possible to its permissible
                                                                export tonnage for any control period .
(b) the total permissible export tonnage for such
     control period shall be at the same quarterly rate
                                                                5.  (a) It shall be. the duty of any producing mem­
     as that fixed under the Fifth Agreement for the :
                                                                        ber which considers that it may be unable to
     last quarter of that Agreement, unless and until !
                                                                        export in any control period as much tin as
     revised by the Council in accordance with the
                                                                        it is entitled to export in accordance with its
     provisions of Article 32 .
                                                                        permissible export tonnage for that control
                                                                        period to make a declaration to that effect
                                                                        to the Council as soon as possible, but in
                                                                        any case not later than two calendar months
                                                                        after the date upon which such permissible
                         Article 34
                                                                        export tonnage has become effective .
                                                                    (b) If the Council has received such a declara­
       Division of total permissible export tonnage                     tion, or is of the opinion that any producing
                                                                        member may be unable to export in any
 1 . The total permissible export tonnage for any                       control period as much tin as it is entitled to
control period shall be divided among producing                         export in accordance with its permissible
members in proportion to their production or export                     export tonnage, the Council may take such
figures, as appropriate, for the last four consecutive                  steps as will, in its opinion, ensure that the
quarters which preceded the control period and                          total permissible export tonnage will in fact
which were not declared control periods . In the divi­                  be exported .
 sion of the total permissible export tonnage under
 this paragraph, the Council shall give due consider­
 ation to any circumstances referred to in rule 6 of            6. For the purposes of this Article, the Council
 Annex F to this Agreement, or stated by any pro­               may decide that exports of tin from any producing
 ducing member as being exceptional according to                member shall include the tin content of any material
 rule 9 of Annex F, and may, with the consent of                derived from the mineral production of the member
                                                                concerned .
 other producing members, use for that member
 production or export figures, as appropriate, relating
 to another period decided by the Council .
 2.   (a) Notwithstanding the provisions of para­                                       Article 35
          graph 1 of this Article, the Council may,
          with the consent of a producing member,                                    Point of export
          reduce its share in the total permissible
          export tonnage and redistribute the tonnage
                                                                Tin shall be deemed to have been exported if, in the
          of the reduction among the other producing
          members in proportion to the percentages              case of a member named in Annex C to this Agree­
          of those members or, if circumstances so              ment, the formalities set out in that Annex opposite
          require, in some other manner.
                                                                the name of that member have been completed,
                                                                provided that :
      (b) The quantity of tin determined according to           (a) the Council may, from time to time, with the
          subparagraph (a) above for any producing                   consent of the member concerned, revise Annex
 ---pagebreak--- 3 . 12 . 82                           Official Journal of the European Communities                          No L 342 / 19
      C , and any such revision shall have effect as if it                 exports of tin from a member have
      were included in that Annex ; and                                    exceeded its permissible export tonnage as
                                                                           mentioned in subparagraph (b) above, the
(b) if any tin is exported from any producing mem­                         aggregate net exports of tin from that mem­
      ber by any method which is not provided for in                       ber in any four further successive control
      Annex C, the Council shall determine whether                         periods , which shall not include any control
      such tin shall be deemed to have been exported                       period covered by subparagraph (b) above,
      for the purposes of this Agreement and, if so,                       exceed the aggregate of the permissible
      the time at which such export shall be deemed                        export tonnages for those four control
      to have taken place .                                                periods, the Council may, in addition to
                                                                           reducing the total permissible export ton­
                                                                           nage of that member in accordance with the
                                                                           provisions of subparagraph (b) above,
                                                                           declare that the member shall forfeit a part,
                           Article 36                                      which shall on the first occasion not exceed
                                                                           one-half, of its rights to participation on
              Penalties relating to export control                         liquidation of the buffer stock. The Council
                                                                           may at any time restore to the member con­
 1.   (a) If, notwithstanding the provisions of                            cerned the portion of its rights so forfeited
            Article 34, the net exports of tin from a                      on such terms and conditions as it may
                                                                           determine .
            producing member in any control period
            exceed its permissible export tonnage for
            that control period by more than 5 %, the                 (d) It shall be the duty of a producing member
                                                                           which has exported a tonnage ' of tin in
            Council may require the member concerned
            to make an additional contribution to the                       excess of its permissible export tonnage and
            buffer stock not exceeding the tonnage by                       of any tonnage, permitted by Article 34 and
            which such exports exceed its permissible                      by other provisions of this Article to take
                                                                            effective steps to correct its breach of this
            export tonnage . Such a contribution shall be
            in tin metal or in cash or in such propor­                      Agreement at the earliest possible opportun­
            tions of tin metal and cash and before such                    ity. The Council, when deciding the action
            date or dates as the CounciL may decide .                      to be taken under this paragraph, shall take
            That part,= if any, of the contribution which                   account of any failure to take steps or delay
            is to be paid in cash shall be calculated at                    in doing so .
            the floor price in effect on the date of the
            decision . That part, if any, of the contribu-.
            tion which is to be made in tin metal shall          2 . For the purposes of subparagraphs (a), (b) and
            be included in and shall not be additional           (c) of paragraph 1 of this Article, total permissible
            to the permissible export tonnage of the             export tonnages which have been fixed in respect of
            member in question for the control period            control periods, tonnages which have been exported
            in which such contribution is due to be              in excess of such permissible export tonnages, and
            made .                                               penalties which have been imposed, under the Fifth
                                                                 Agreement, shall be deemed, as from the entry into
                                                                 force of this Agreement, to have been fixed,
       (b) If,    notwithstanding     the    provisions  of      exported or imposed, respectively, under this Agree­
             Article 34, the aggregate net exports of tin        ment .
             from a producing member in any four suc­
             cessive control periods, including, if appro­
            priate, the control period referred to in sub­
             paragraph (a) above, exceed by more than
             1 % the aggregate of its permissible export                                   Article 37
             tonnages for those periods, the permissible
             export tonnage of that member during each                                 Special exports
             of the four subsequent control periods may
             be reduced by one-quarter of the aggregate
                                                                 1 . At any time when it has declared a control
            tonnage so over-exported or, if the Council
                                                                 period the Council may, by a two-thirds distributed
             so decides, by any greater fraction not
                                                                 majority, permit the export (hereinafter referred to
             exceeding one-half. Such reduction shall            as 'a special export') of a specified quantity of tin in
             take effect in and from the control period
                                                                 addition to the permissible export tonnage referred
             following that in which the decision was
                                                                 to in paragraph 1 of Article 34 on the condition that :
             taken by the Council.
                                                                 (a) it considers that the proposed special export is
       (c) If, after any four such successive control                 destined to form part of a governmental stock­
             periods during which the aggregate net                   pile ; and
 ---pagebreak--- No L 342 / 20                       Official Journal of the European Communities                               3 . 12, 82
(b) it considers that the proposed special export is           5 . A producing member which has made a special
      unlikely to be used for any commercial or                deposit of tin metal may withdraw the whole or part
      industrial purpose during the currency of this           of that special deposit in order to fulfil the whole or
      Agreement.                                               part of its permissible export amount in any control
                                                               period . In such a case the amount withdrawn from
2 . The Council may, by a two-thirds distributed               the special deposit shall be regarded as having been
majority, impose such conditions upon a special                exported for the purposes of export control in the
export as it deems necessary .                                 control period in which the withdrawal was made .
3 . If the provisions of Article 39 and the condi­             6 . In any quarter which has not been declared a
tions imposed by the Council under paragraph 2 of               control period any special deposit shall be at the
this Article are fulfilled, a special export shall not be       disposal of the member which has made the deposit,
taken into account when the provisions of para­                 subject only to the provisions of paragraph 8 of
graphs 2 and 4 of Article 34 and paragraph 1 of                 Article 39 .
Article 36 are being applied .
4. Thfr Council may, by a two-thirds distributed               7 . All charges incurred in connection with any
majority, at any time revise the conditions in para­            special deposit shall be borne by the member
graph 1 of this Article, provided that any such revi­           making the deposit and no charges shall be borne by
sion shall be without prejudice to anything done by             the Council .
a member in pursuance of permission given and
conditions already imposed under paragraph 2 of
this Article .
                                                                                       Article 39
                         Article 38
                                                                           Stocks held by producing members
                     Special deposits                          1.   (a) The stocks of tin held by any producing
                                                                         member which have not been exported
 1 . A producing member may at any time, with the                        within the definition for that member con­
 consent of the Council, make special deposits of tin                    tained in Annex C to this Agreement shall
metal with the manager. A special deposit shall not                      riot at any time during a control period
be treated as part of the buffer stock and shall not                     exceed the tonnage shown for that member
be at the disposal of the manager.                                       in Annex D to this Agreement.
                                                                    (b) Such stocks shall not include tin in the
 2 . A producing member which has informed , the                         course of transport between the mine and
 Council of its intention of making a special deposit                    the point of export as defined in Annex C.
 of tin metal originating within its territory shall, sub­
ject to furnishing such evidence as the Council may                 (c) The Council may revise Annex D, but, if in
 require to identify the metal or the concentrates for                   so doing it has increased the tonnage listed
 conversion into tin metal which is the subject of the                   in Annex D for any member, it may impose
 special deposit, be permitted to export such metal or                   conditions, including conditions as to
 concentrates in addition to any permissible export                      period and subsequent export, in relation to
 amount that may have been allocated to that mem­                        any such addition .
 ber under Article 34 and, subject to the compliance
 by the producing member with the requirements of
 Article 39, the provisions of paragraphs 2 and 4 of            2 . Any increase in the proportion approved under
 Article 34 and of paragraph 1 of Article 36 shall not          paragraph (a) of Article 39 of the Fifth Agreement
 apply to such exports .                                        and still operative at the termination of that Agree­
                                                               ment and any conditions imposed in connection
                                                                therewith shall be deemed to have been approved or
 3 . Special deposits may be accepted by the man­               imposed under this Agreement, unless the Council
 ager only at such place or places as may be conven­            decides otherwise within six months after the entry
 ient to him .                                                  into force of this Agreement.
 4.    The executive chairman shall notify the mem­             3 . Any special deposit made under Article 38 shall
 bers of the receipt of any such special deposit, but           be deducted from the amount of stocks permitted
 not sooner than three months after the date of                 under this Article to be held during a control period
 receipt.                                                       by the producing member concerned .
 ---pagebreak--- 3 . 12 . 82                           Official Journal of the European Communities                             No L 342 / 21
4.    (a) Where- in the territory of a producing mem­            tional stocks whose export is governed by para­
            ber listed in Annex E to this Agreement tin          graph 4 of this Article, and shall consult with the
            ore is unavoidably extracted from its                Council as to the best means of making such export
            natural occurrence in the mining of the              without avoidable disruption of the tin market . The
            other minerals mentioned in that Annex               producing member concerned shall give due consid­
            and for that reason the limitation of stocks         eration to the recommendations of the Council .
            prescribed in paragraphs of this Article
            would unreasonably restrict the mining of
            those other minerals, additional stocks of
            tin-in-concentrates may be held within that
            territory to the extent that these are certified                CHAPTER XV — TIN SHORTAGE
            by the Government of that member as hav­
            ing been won exclusively in association
            with those other minerals and actually                                        Article 40
            retained in the territory of that member,
            provided that the proportion which such                          Action in the event of a tin shortage
            additional stocks bear to the total amount
            of the other minerals mined shall not at              1 . If, at any time when the price is in or above the
            any time exceed the proportion stated in             upper sector, the Council concludes that a serious
            Annex E.                                             shortage of supplies of tin has developed or is likely
                                                                 to develop, the Council :
      (b) Except with the consent of the Council , the
            export of such additional stocks shall not           (a) shall terminate any export control which might
            commence until after the liquidation of all                be in operation and recommend the level of
            the tin metal in the buffer stock and the rate             stocks which should not be exceeded ; and
            of export thereafter shall not exceed one­
                                                                 (b) shall recommend to members that they take all
            fortieth of the whole or 250 tonnes, which­
                                                                       possible steps to ensure as rapid an increase as
            ever is the greater, in each quarter.                      possible in the amount of tin which they are
                                                                       able to make available .
5.    Members listed in Annex D or E shall , in con­
sultation with the Council, make regulations govern­             2.    The Council shall determine the period of time
ing the maintenance, protection and control of such              during which measures provided for in this Article
additional stocks as may be approved in accordance               shall remain in effect ; such period shall be reckoned
with this Article .
                                                                 in quarters, it being understood that, when these
                                                                 measures are applied for the first time under this
                                                                 Agreement or are applied again after an interval
6 . The Council may, with the consent of the pro­                when there was no recognized shortage, the Council
ducing member concerned, revise Annexes D and E.                 may declare as a period of applicability of these
                                                                 measures any period not longer than five months or
                                                                  shorter than one month and ending on 3i March,
7 . Each producing member shall forward to the                    30 June, 30 September or 31 December.
Council, at such intervals as the Council may
require, statements as to the stocks of tin within its
territory which have not been exported in accord­                3 . The Council may cancel any measures taken on
ance with the definition for that member in Annex                the basis of this Article before their . coming into
C. Such , statements shall not include tin in course of           effect or terminate them while in progress or extend
transport between the mine and the point of export               them from quarter to quarter.
as defined in Annex C. These statements shall show
separately the stock held under paragraph 4 of this
Article .
                                                                  4. In the light of the Council 's estimates of pro­
                                                                  duction and consumption made under subpara­
                                                                  graph (a) of Article 10 and taking into account the
 8 . A producing member which makes special                       amount of tin metal and cash held in the buffer
 deposits under Article 38 or which is permitted to               stock and all other relevant factors, in particular the
 increase tonnages in accordance with the provisions              utilization of production capacity, the availability of
 of paragraph 1 of this Article shall, not later than             other tin stocks and the trend in current prices, the
 12 months before the termination of this Agreement,              Council shall carry out any studies necessary to en­
 inform the Council of its plans for the disposal of              able it to estimate total tin demand and availability
 such special deposits or the export of all or part of            for the declared period and such subsequent periods
 such increased tonnages, but not including addi­                 as it may determine .
 ---pagebreak---  No L 342 / 22                      Official Journal of the European Communities                               3 . 12 . 82
5 . The Council may, by a two-thirds distnbuted                 objective, in the event of a shortage of tin, of seek­
majority, invite members to enter into such arrange­            ing to provide a preference as regards the supply of
ments with it as may assure consuming members an                tin to consuming members .
equitable distribution of the available supplies of
tin .
                                                                7 . The Council shall , at each session held while
6 . The Council may consult with producing mem­                 this Article is in effect, review the results of meas­
bers on appropriate measures not inconsistent with              ures taken under this Article since the preceding
other international agreements on trade, with the               session .
                                                      PART FOUR
                                                 OTHER PROVISIONS
    CHAPTER XVI — OBLIGATIONS OF MEMBERS                        Council shall consider taking such appropriate
                                                                measures in accordance with paragraph 3 of section
                                                                 III of resolution 93 (IV) of the United Nations Con­
                                                                 ference on Trade and Development.
                         Article 41
                   General obligations                                                  Article 43
 1 . Members shall during the currency of this                                        Consultation
Agreement use their best endeavours and cooperate
to promote the attainment of its objectives .                    The Council shall consult, at the request of any
                                                                 member, on factors directly affecting supply or
2 . Members shall accept as binding all decisions of             demand . The Council may submit its recommenda­
the Council under this Agreement.                                tions to members for their consideration .
3 . Without prejudice to the general scope of para­
                                                                                        Article 44
graph 1 of this Article, members shall in particular
observe the following :
                                                                                    Obstacles to trade
(a) they shall not, so long as sufficient quantities of
      tin are available to meet their full requirements,          1 . The Council shall, in the light of its studies of
      prohibit or limit the use of tin for specified             the tin market, identify obstacles to the expansion of
      end-uses, except in circumstances in which such            trade in tin, semi-finished tin products and finished
      prohibition or limitation would not be inconsis­           tin products .
      tent with other international agreements on
      trade ;
                                                                 2 . The Council may, taking into account the provi­
 (b) they shall create conditions which would                    sions of paragraph 1 of this Article, adopt recom­
      encourage the economic exploitation of depos­              mendations itself, or seek to have recommendations
      its in accordance with market requirements ; and           adopted in other appropriate organizations, with a
                                                                 view to reducing, and where possible fully eliminat­
 (c) they shall encourage the conservation of the                ing, such obstacles . The Council shall periodically
      natural resources of tin by preventing the pre­            examine the results achieved through the implemen­
      mature abandonment of deposits .                           tation of such recommendations .
                         Article 42                           >                         Article 45
            Differential and remedial measures                                    Fair labour standards
  Developing consuming members, and leastrdevel­                  Members declare that, in order to avoid the depres­
 oped countries which are members, whose interests               sion of living standards and the introduction of
 are adversely affected by measures taken under this             unfair competitive conditions in world trade, they
  Agreement may apply to the Council for appro­                  will seek to ensure fair labour standards in the tin
  priate differential and remedial measures . The                industry.
 ---pagebreak--- 3 . 12 . 82                           Official Journal of the European Communities                          No L 342 / 23
                          Article 46                             not provided elsewhere in this Agreement shall , at
                                                                 the request of the member making the complaint, be
      Disposal of tin from non-commercial stockpiles             referred to the Council for decision .
 1 . A member desiring to dispose of tin from its                2.   Except where otherwise provided in this Agree­
non-commercial stockpile shall, upon adequate                    ment, no member shall be found to have committed
notice, consult with the Council concerning its dis­             a breach of this Agreement unless a resolution to
posal plans .
                                                                 that effect is passed . Any such finding shall specify
                                                                 the nature and extent of the breach .
2 . When a member gives notice of a plan to dis­
pose of tin from its non-commercial stockpile, the
Council shall promptly enter into official consulta­             3.   If the Council finds under this Article that a
tions on the plan with that member for the purpose               member has committed a breach of this Agreement,
of ensuring adequate fulfilment of the provisions of             the Council may, unless some other penalty is pro­
paragraph 4 of this Article .                                    vided elsewhere in this Agreement, deprive the mem­
                                                                 ber concerned of its voting and other rights until it
3.    The Council shall from time to time review the             has remedied the breach or has otherwise fulfilled
progress of such disposals and may make recom­                   its obligations .
mendations to the member concerned . Such member
shall give due consideration to the recommenda­
tions of the Council .                              ~            4. For the purposes of this Article, the expression
                                                                 'breach of this Agreement' shall be deemed to
                                                                 include the breach of any condition imposed by thie
4. Disposals from non-commercial stockpiles shall
                                                                 Council or failure to fulfil any obligation laid upon
be made with due regard to the protection of tin
                                                                 a member in accordance with this Agreement.
producers, processors and consumers against avoid­
able disruption of their usual markets and against
adverse consequences of such disposals on the                    5 . Any member which considers its economic
investment of capital in exploration and develop­                interests under this Agreement seriously injured by
ment of new supplies and the health and growth of                action taken by any other member or members ,
tin mining in the territory or territories of producing          other than action taken in time of war, may com­
members . The disposals shall be in such amounts                 plain to the Council.
and over such periods as will not interfere unduly
with production and employment in the tin industry
in the territory or territories of producing members             6 . On receipt of such a complaint the Council shall
and as will avoid creating hardships to the econo­               review the facts of the situation and shall, by a
mies of producing members .                                       majority of the total votes held by all consuming
                                                                  members and a majority of the total votes held by
                                                                  all producing members., decide whether the com­
                                                                  plainant member is justified in its complaint and
                          Article 47                              shall, if it so decides , permit the complainant mem­
                                                                  ber to withdraw from this Agreement.
                      National security
 Nothing in this Agreement shall be construed as                                            Article 49
requiring a member to furnish any information the
 disclosure of which it considers contrary to its essen­
tial security interests .                                                                   Disputes
                                                                  1 . Any dispute concerning the interpretation or
                                                                  application of this Agreement which is not settled
                                                                  by negotiation shall, at the request of any member,
   CHAPTER XVII — COMPLAINTS AND DISPUTES                         be referred to the Council for decision .
                                                                  2 . Where a dispute has been referred to the Coun­
                                                                  cil in accordance with this Article, a majority of
                           Article 48
                                                                  members or any members holding not less than
                                                                  one-third of the votes in the Council may require the
                          Complaints                              Council, after full discussion, to seek the opinion of
                                                                  the advisory panel referred to in paragraph 3 of this
  1 . Any complaint that any member has committed                 Article on the issues in dispute before giving its
 a breach of this Agreement for which a remedy is                 decision .
 ---pagebreak---  No L 342 / 24                     Official Journal of the European Communities                                3 . 12 . 82
3.  (a) Unless the Council by a unanimous deci­              ments in accordance with their respective constitu­
         sion of votes cast agrees otherwise, the            tional procedures . Instruments of ratification,
         panel shall consist of :                            acceptance or approval shall be deposited with the
                                                             depositary.
           (i) two persons, one having wide experi­
               ence in matters of the kind in dispute
               and the other having legal standing and
               experience, nominated by the produc­
               ing members ;                                                          Article 53
          (ii) two such persons nominated by the                       Notification of provisional application
               consuming members ; and
         (iii) a chairman selected unanimously by the         1 . A signatory Government which intends to ratify,
               four persons nominated above or, if            accept or approve this Agreement, or a Government
               they fail to agree, by the executive           for which the Council has established conditions for
               chairman .                                     accession under the provisions of Article 54, but
                                                              which has not yet been able to deposit its instru­
    (b) Persons appointed to the advisory panel               ment, may at any time notify the depositary that it
         shall act in their personal capacity and with­       will , within the limitations of its constitutional and /
         out instructions from any Government.                or legislative procedures, apply this Agreement
                                                              provisionally either when it enters into force in
    (c) The expenses of the advisory panel shall be           accordance with Article 55 or, if it is already in
         paid by the Council .                                force, at a specified date .
4. The opinion of the advisory panel and the rea­             2 . Any Government referred to in paragraph 1 of
sons therefor shall be submitted to the Council,              this Article which notifies the depositary that, as a
which, after considering all the relevant informa­            consequence of applying this Agreement within the
tion, shall decide the dispute .                              limitations of its constitutional and/or legislative
                                                              procedures , it will not be able to make its contribu­
                                                              tions to the buffer stock account, shall not exercise
                                                              its voting rights on matters relating to the provisions
       CHAPTER XVIII — FINAL FROVISIONS                       of Chapters X to XV inclusive of this Agreement.
                                                              Such a Government shall, however, meet all its
                                                              financial obligations pertaining to the administra­
                                                              tive account. The provisional membership of a
                                                              Government which notifies in the manner referred
                        Article 50
                                                              to in this paragraph shall not exceed 12 months
                                                              from the provisional entry into force of this Agree­
                        Depositary                            ment, unless the Council decides otherwise .
The Secretary-General of the United Nations is
hereby designated as the depositary of this Agree­
ment .
                                                                                      Article 54
                        Article 51                                                    Accession
                        Signature                              1 . This Agreement shall be open for accession by .
                                                              the Governments of all States upon conditions to be
This Agreement shall be open for signature at                 determined by the Council . Accession shall be
United Nations Headquarters in New York from                  effected by the deposit of an instrument of acces­
3 August 1981 to 30 April 1982 inclusive by parties           sion with the depositary. Instruments of accession
to the Fifth Agreement and by other States which              shall state that the Government accepts all the con­
are members of UNCTAD .                                       ditions determined by the Council .
                                                              2 . Any Government which intends to accede to
                        Article 52                            this Agreement shall so inform the Council or,
                                                              pending the entry into force of this Agreement, the
          Ratification, acceptance or approval                Council of the Fifth Agreement.
This Agreement shall be subject to ratification,              3 . The conditions laid down by the Council shall
acceptance or approval by the signatory Govern­               be equitable, in respect of voting rights and finan­
 ---pagebreak--- 3 . 12 . 82                          Official Journal of the European Communities                          No L 342 / 25
cial obligations, as between the Governments                    Secretary-General of the United Nations shall invite
intending to accede to and other Governments                    those Governments which have deposited instru­
already participating in this Agreement .                       ments of ratification , acceptance, approval or acces­
                                                                sion , or have notified the depositary that they will
                                                                apply this Agreement provisionally, to meet to
4 . When a producing country accedes to this                    decide whether this Agreement shall enter into force
Agreement and becomes a producing member, the                   definitively or provisionally among themselves, in
Council : :
                                                                whole or in part, on such date as they may deter­
                                                                mine . The Secretary-General of the United Nations
(a) shall, with the consent of that member, fix the             shall also invite other Governments which have
     tonnage and proportion to be shown for that                signed this Agreement or have participated in the
     member in Annexes D and E to this Agreement,
                                                                Fifth International Tin . Agreement to attend this
     where appropriate ; and                                    meeting as observers .
(b) shall also fix the circumstances for the purpose
     of export control to be shown against the name             4. If, 18 months after the expiry of the Fifth Agree­
     of that member in Annex C to this Agreement.               ment, as extended, this Agreement has entered into
                                                                force provisionally, but has not entered into force
                                                                definitively in accordance with paragraph 1 of this
The tonnage, proportion and circumstances so fixed              Article, those ' Governments which have deposited
shall have effect as though they were included in               instruments of ratification, acceptance, approval or
such Annexes .
                                                                accession may decide, by mutual consent, that
                                                                notwithstanding the provisions of paragraph 1 of
5 . The Council of the Fifth Agreement may, pend­               this Article this Agreement shall enter into force
ing the entry into force of this Agreement, determine           difinitively among themselves . If those Governments
the conditions referred to in paragraph 1 of this               do not decide to put this Agreement into force
Article, subject to confirmation by the Council at its          definitively among themselves . If those Governments
first session .                                                 force provisionally.
                                                                 5 . For any Government that deposits an instru­
                                                                 ment of ratification, acceptance, approval or acces­
                         Article 55                              sion after the entry into force of this Agreement, it
                                                                 shall enter into force for that Government on the
                                                                 date of such deposit.
                      Entry into force
 L    This Agreement shall enter into force defini­
tively on 1 July 1982 or on any date thereafter, if by
that date Governments of producing countries                                             Article 56
accounting for at least 80 % of the total production
percentage as set out in Annex A to this Agreement                   Membership by intergovernmental organizations
and Governments of consuming countries account­
ing for at least 80 % of the total consumption per­
centage as set out in Annex B to this Agreement                  1.   Any reference in this Agreement to a ' Govern­
                                                                 ment '  or  ' Governments '    shall be  construed   as
have deposited instruments of ratification, accept­
ance, approval or accession.                                     including a reference to the European Economic
                                                                 Community and to any intergovernmental organ­
                                                                 ization having responsibilities in respect of the
 2 . If, on 1 July 1982 , this Agreement has not                 negotiation, conclusion and application of interna­
 entered into force in accordance with paragraph 1 of            tional agreements, in particular commodity agree­
 this Article, it shall enter into force provisionally if        ments . Accordingly, any reference in this Agreement
 by that date Governments of producing countries                 to signature, ratification, acceptance or approval, or
 accounting for at least 65 % of the total production            to notification of provisional application, or to
 percentage as set out in Annex A and Governments                accession shall , in the case of such intergovernmen­
 of consuming countries accounting for at least 65 %             tal organizations be construed as including a refer­
 of the total consumption percentage as set out in               ence to signature, ratification , acceptance or
 Annex B have deposited instruments of ratification,             approval , or to notification of provisional applica­
 acceptance, approval or accession, or have notified             tion, or to accession by such intergovernmental
 the depositary under Article 53 that they will apply            organizations .
 this Agreement provisionally .
                                                                 2 . In the case of voting on matters within their
 3 . If, on 1 June 1982, the required percentages for            competence, such organizations shall cast the num­
 entry into force of this Agreement in accordance                ber of votes equal to the total number of votes attri­
 with paragraph 1 or 2 of this Article are not met, the          butable, in accordance with Article 14, to their mem­
 ---pagebreak---  No L 342 / 26                      Official Journal of the European Communities                                 3 . 12 . 82
ber States , which in this case shall not cast their          (b) any member which does not ratify, accept or
votes individually.                                                 approve an amendment by the date of its com r
                                                                    ing into effect shall as of that date cease to par­
                                                                    ticipate in the Agreement, unless any such mem­
                                                                    ber satisfies the Council at its first session fol­
                        Article 57
                                                                    lowing the effective date of the amendment that
                                                                    its ratification, acceptance or approval could
                                                                    not be secured in time by reason of constitu­
                       Amendment                                    tional difficulties,  and the , Council decides to
                                                                    extend for such member the period fixed for
1 . The Council may., by a two-thirds majority of                   ratification , acceptance or approval until these
the total votes held by all producing members and a                  difficulties have been overcome .
two-thirds majority of the total votes held by all
consuming members , recommend to members
amendments to this Agreement. The Council shall,
in its recommendation, fix the time limit within               6.    If a member considers that its interests will be
which each member shall notify the depositary                  adversely effected by an amendment it may, before
whether or not it ratifies, accepts or approves the            the date of its coming into effect, give notice to the
amendment .                                                    depositary of withdrawal from this Agreement.
                                                               Withdrawal shall become effective on the effective
                                                               date of the amendment. The Council may, at any
                                                               time , on such terms and conditions as it considers
2 . The Council may extend the time fixed by it                equitable, permit such member to withdraw its
under paragraph 1 of this Article for notification of          notice of withdrawal .
ratification, acceptance or approval . The Council
shall notify the depositary of any such extension .
                                                               7 . Any amendment to this Article shall take effect
                                                               only if it is ratified , accepted or approved by all
3 . If, within the time fixed under paragraph 1 of             members .
this Article or extended under paragraph 2 of this
 Article, an amendment is ratified, accepted or
 approved by all members, it shall take effect
 immediately on the receipt by the depositary of the           8 . The provisions of this Article shall not affect
 last ratification, acceptance or approval .                   any power under this Agreement to revise any
                                                                Annex to this Agreement or the operation of any
                                                                other Article of this Agreement which provides for a
                                                                specific procedure relating to the modification of
 4. If, within the time fixed under paragraph 1 of              this Agreement.
 this Article or extended under paragraph 2 of this
 Article, an amendment is not ratified, accepted or
 approved by members holding at least 80 % of the
 total votes of producing members and at least 80 %
                                                                                        Article 58
 of the total votes of consuming members, it shall not
 take effect .
                                                                                       Withdrawal
                                                                A Member which withdraws from this Agreement
 5 . If, within the time fixed under paragraph 1 of             during its currency, except :
 this Article or extended under paragraph 2 of this
 Article, an amendment is ratified, accepted or
 approved by members holding at least 80 % of the               (a) in accordance with the provisions of para- *
 total votes of producing members and at least 80 %                  graph 6 of Article 48 or paragraph 6 of
                                                                     Article 57 ; or
 of the total votes of consuming members :
                                                                (b) upon at least 12 months' notice being given to
                                                                     the depositary not earlier than one year after the
 (a) the amendment shall , for the members by which
                                                                     entry into force of this Agreement,
      ratification, acceptance or approval has been
      signified, take effect three months after the
      receipt by the depositary of the last ratification,       shall not be entitled to any share of the proceeds of
       acceptance or approval necessary to comprise at          the liquidation of the buffer stock under the terms
       least 80 % of the total votes of producing mem­          of Article 26, nor shall it be entitled to a share of the
       bers and at least 80 % of the total votes of con­        other assets of the Council under the terms of
       suming members ; and                                     Article 60 on the termination of this Agreement .
 ---pagebreak--- 3 . 12 . 82                           Official Journal of the European Communities                            No L 342 / 27
                           Article 59                                                      Article 60
            Duration, extension and termination                                  Procedure on termination
1 . The duration of this Agreement shall , except as             1 . The Council shall remain in being for as long as
otherwise provided in this Article, be five years from           may be necessary for the carrying out of paragraph 2
the date of its entry into force .                               of this Article, for the supervision of the liquidation
                                                                 of the buffer stock and any stocks held in accord­
                                                                 ance with Article 39 and for the supervision of the
                                                                 due performance of conditions imposed under this
2 . The Council may, by a two-thirds majority of                 Agreement by the Council or under the Fifth Agree­
the total votes held by all producing members and a              ment ; the Council shall have such of the powers and
two-thirds majority . of the total votes held by all             functions conferred on it by this Agreement as may
consuming members, decide to extend the duration                 be necessary for the purpose .
of this Agreement by a period or periods not exceed­
ing two years in all .
                                                                 2.   On termination of this Agreement :
                                                                 (a) the buffer stock shall be liquidated in accord­
 3 . The Council, in a recommendation to the mem­                     ance with the provisions of Article 26 ;
 bers not later than four years after the entry into
 force of this Agreement, shall inform them whether              (b) the Council shall assess the obligations into
 it is necessary and appropriate that this Agreement                  which it has entered in respect of its staff and
 should be renewed and , if so , in what form . It shall
                                                                      shall, if necessary, take steps to ensure that, by
 at the same time consider what the relationship                      means of- a supplementary estimate to the
 between the supply of and demand for tin is likely                   administrative      account raised   in  accordance
 to be at the expiry of this Agreement .                              with Article 20, sufficient funds are made avail­
                                                                      able to meet such obligations ;
4.    (a) A member may at any time give notice in                (c) after all liabilities incurred by the Council, other
            writing to the executive chairman that it                 than those relating to the buffer stock account,
            intends to propose at the next session of the             have been met, the remaining assets shall be dis­
            Council the termination of this Agreement.                posed of in the manner laid down in this
                                                                      Article ;
                                                                 (d) if the Council is continued, it shall retain its
       (b) If the Council , by a two-thirds majority of               archives, statistical material and all other docu­
            the total votes held by all producing and                 ments ;
             consuming members , adopts the proposal to
             terminate, it shall recommend to the mem­
             bers that this Agreement shall terminate .          (e) if the Council is not continued but a body is
                                                                      created to succeed the Council , the Council
                                                                      shall transfer its archives, statistical material
                                                                      and all other documents to such successor body
       (c) If members holding two-thirds of the total                 and may, by a two-thirds distributed majority,
             votes of all producing members and two­                  either transfer all or any of its remaining assets
             thirds of the total votes of all consuming               to such successor body, or otherwise dispose of
             members notify the Council that they accept              them as the Council may direct ;
             that recommendation, this Agreement shall
             terminate on a date decided by the Council,          (0 if the Council is not continued and no successor
             such date being not later than six months                body is created, the Council shall transfer its
             after the receipt by the Council of the last of           archives , statistical material and any other docu­
             the notifications from those members .
                                                                       ments to the Secretary-General of the United
                                                                       Nations or to any international organization
                                                                       nominated by him or, failing such nomination ,
                                                                       as the Council may determine, and the remain­
  5 . The Council shall notify the depositary of any                   ing non-monetary assets of the Council shall be
  decision taken under paragraph 2 or 4 (c) of this                    sold or otherwise realized in such a manner as
  Article .                                                            the Council may direct ; and
 ---pagebreak---  No L 342/ 28                     Official Journal of the European Communities                        3 . 12 . 82
(g) the proceeds of realization of non-monetary                                     Article 61
    assets and any remaining monetary assets shall
    then be distributed in such a manner that each                                Reservations
    member shall receive a share proportionate to
    the total of the contributions which it has made
    to the administrative account established under          Reservations may not be made with respect to any
    Article 20 .                                             of the provisions of this Agreement.
             In witness whereof the undersigned, being duly authorized thereto, have affixed their
             signatures under this Agreement on the dates indicated .
             Done at Geneva on the twenty-sixth day of June, one thousand nine hundred and
             eighty-one, the texts of this Agreement in the Arabic, Chinese, English, French,
             Russian and Spanish languages being equally authentic.
 ---pagebreak--- 3 . 12 . 82                          Official Journal of the European Communities                          No L 342 / 29
                                                          ANNEX A
                                             Percentages of producing countries P )
                                   Country                                          Percentage
                  Australia                                                             5-95
                  Bolivia                                                              15-61
                  Brazil                                                                1-23
                  Indonesia                                                            18-62
                  Malaysia                                                             35-15
                  Nigeria                                                               1 - 43
                  Rwanda                                                                0-92
                  Thailand                                                             19-28
                  Zaire                                                                 1-81
                                                       Total                          100-00
            ( ! ) Based on production of tin-in-concentrates for the year 1980 (net exports of tin-m-concen­
                  trates and tin metal for Brazil).
            Note : The list of countries and percentages in this Annex was established by the United Nations
                     Tin Conference, 1980 , at which the Sixth International Tin Agreement was drawn up .
 ---pagebreak--- No L 342/30                          Official Journal of the European Communities                                3 . 12 . 82
                                                          ANNEX B
                            Percentages of individual consuming countries and groups of countries 0 )
                           Country/group of countries                               Percentage
           Austria                                                                      0-27
           Bulgaria                                                                     0-55
           Canada                                                                       2-69
           Costa Rica                                                                   0-01
           Cuba                                                                         0-03
           Czechoslovakia                                                               1-80
           Egypt                                                                        0-22
           European Economic Community                                               (27· 15 ) -
                  Belgium / Luxembourg                                                  1-54
                  Denmark                                                               0-10
                  France                                                                5-54
                  Federal Republic of Germany                                         ' 7-75
                  Greece                                                                0· 23
                  Ireland                                                               0-05
                  Italy                                                                 3-42
                  Netherlands                                                           2-71
                  United Kingdom                                                        5-81
           Finland                                                                      0-11
           Hungary                                                                      0-72
           India                                                                        1-37
            Iraq                                                                        0-07
           Jamaica                                                                      0-01
           Japan ·:                                                                   17-20
           Jordan                                                                       0-02
            Malta                                                                       0-00
            Mexico                                                                      0-94
            New Zealand                                                                 0· 14
            Norway                                                                      0-26
            Peru                                                                        0-06
            Philippines                                                                 0-54
            Poland                                                                      2-21
            Republic of Korea                                                            1 - 06
            Romania                                                                      1-81
            Saudi Arabia                                                                0-03
            Senegal                                                                     0-00
            Spain                                                                       2-40
            Sweden                                                                      0-24
            Switzerland                                                                 0-45
            Syrian Arab Republic                                                        0-03
            Tunisia                                                                     0-06
            Turkey                                                                      0-39
            Union of Soviet Socialist Republics                                         909
             United States of America                                                 26-91
            Venezuela                                                                   0-34
            Yugoslavia                                                                  0-82
                                                        Total                        100-00
            ( J ) Based on consumption of primary tin metal for the years 1978 to 1980 (net imports of tin-in­
                   concentrates and tin metal for the USSR).
             Note : The list of countries , groups of countries and percentages in this Annex was established by
                      the United Nations Tin Conference , 1980 , at which the Sixth International Tin Agreement
                      was drawn up .
 ---pagebreak--- 3 . 12 . 82                          Official Journal of the European Communities                                No L 342 / 31
                                                           ANNEX C
                                                          PART ONE
              Circumstances in which tin shall be deemed to have been exported for the purpose of export control
            Australia
            Tin shall be deemed to be exported on the date of the restricted goods export permit issued under
            the Customs (Prohibited Exports) Regulations, provided that tin dispatched from a smelting com­
            pany in Australia and not subject to the Customs ( Prohibited Exports) Regulations shall be
            deemed to have been exported when the Department of Trade and Resources has officially certi­
            fied that the tin has been dispatched from that smelting company.
            Bolivia
            Tin shall be deemed to have been exported when it has passed the control of the customs auth­
            orities of Bolivia for payment of export duty . Where tin concentrates are smelted outside the
            national territory, under toll service contracts, tin shall be deemed to have been exported from
            Bolivia when the Ministry of Mining and Metallurgy has issued an export permit covering the tin
            metal obtained .
             Indonesia
            Tin shall be deemed to have been exported from Indonesia when the tin has been cleared
             through customs and/or when tin concentrates have been delivered to and weighed by the
             smelter under customs supervision and the customs officials have issued a customs certificate for
             such tin. Such tin shall not include tin subsequently imported into Indonesia for domestic con­
             sumption .
             Malaysia
            Tin shall be deemed to have been exported from Malaysia at the time at which the Royal Customs
            and Excise Department of Malaysia has weighed the concentrates or, where the concentrates
            have been smelted before the payment of export duty, has weighed the metal for the payment of
            such export duty .
             Nigeria
            Tin shall be deemed to have been exported when the concentrates have been delivered to the
             smelter, weighed and passed for payment of royalty, provided that tin not delivered to the smelter
             shall be deemed to have been exported when a waybill has been delivered by the Nigerian Rail­
             way Corporation acknowledging the delivery for export of concentrates to that corporation .
             Thailand
            Tin shall be deemed to have been exported from Thailand when the Department of Mineral
            Resources has officially certified that the concentrates have been delivered to and weighed by a
            smelting company in Thailand, provided that tin for export not delivered to a smelting company
            shall be deemed to have been exported from Thailand when the Department of Mineral
            Resources has issued an export permit in respect of such tin .
            Zaire
            Tin shall be deemed to have been exported when a through bill of lading has been delivered by a
             carrier affiliated to the Comite interieur des Transporters de la Republique du Zaire acknow­
             ledging the delivery of the tin to that carrier.
             If, for any reason , no such document has been delivered for a particular consignment, the ton­
            nage of tin in that consignment shall be deemed to have been exported for the purposes of this
            Agreement when export documents have been delivered by the customs administration of the
             Republic of Zaire .
 ---pagebreak--- No L 342 / 32                         Official Journal of the European Communities                          3 . 12 . 82
             General proviso : Any tin transported from a producing member during a control period shall be
            deemed to have been exported and treated as part of the permissible export tonnage of that mem­
            ber for that control period , except :
            (a) as stated in this Annex in respect of Australia ; or
             (b) as may be determined by the Council in accordance with subparagraph (b) of Article 35
                   unless the formalities set out in this Annex opposite the name of that producing member
                   have been completed in respect of that tin before the beginning of the control period .
                                                          PART TWO
                                                 Imports by producing members
             For the purpose of determining net exports of tin under Article 35 , imports deductible from
             exports during a control period shall be the amount imported by the producing member con­
             cerned during the quarter immediately preceding the declaration of the control period in ques­
             tion , provided that tin imported for smelting and exported shall not be taken into account .
 ---pagebreak--- 3 . 12 . 82                          Official Journal of the European Communities                                      No L 342 / 33
                                                          ANNEX D
                                  Permitted tonnage of stocks for the purposes of Article 39 ( r)
                                   Country                                             Tonnes
               Australia
               Bolivia
               Brazil
               Indonesia
               Malaysia
               Nigeria
               Rwanda
               Thailand
               Zaire
            0 ) The figures to be included in this Annex shall be determined by the Council at its first
                 session .
                                                           ANNEX E
                                               Additional stocks won unavoidably
                                                                                                                (tonnes)
                                                                                Tin content of concentrates permitted
                           Country                      Other mineral            to be stocked additionally for each
                                                                                    tonne of, other mineral mined
               Australia                        Tantalo-columbite                                 1-5
               Nigeria                          Columbite                                         1-5
               Thailand                         Wolframite-scheelite                              1-5
               Zaire                            Tantalo-columbite                                 1-5
 ---pagebreak--- No L 342 / 34                             Official Journal of the European Communities                                 3 . 12 . 82
                                                                ANNEX F
                                Rules for the redetermination of the percentages of the producing members
                                                                   Rule 1
             (a) The first redetermination of the percentages of the producing members shall be made at the
                   first session of the Council under this Agreement. Notwithstanding the provisions of rule 2 ,
                   this redetermination shall be made on the basis of the last four quarters immediately pre­
                   ceding the introduction of any control period for which figures of the production of tin by
                   each of the producing members are available . New percentages for the producing members
                   shall be determined in direct proportion to their production of tin during those four quarters .
             (b ) Subsequent redetermination of the percentages shall be made at yearly intervals following
                   the first redetermination , provided that no period after the quarters referred to in this rule
                   shall have been declared to be a control period .
             ( c)  In such subsequent redetermination made under this rule, the new percentages shall be cal­
                   culated as follows :
                    (i ) the percentages in the second redetermination shall be in direct proportion to the pro­
                            duction of tin by each of the producing members in the latest 24 consecutive calendar
                            months for which figures are available ; and
                   ( ii) the percentages in the third redetermination , and all later redeterminations , shall be in
                            direct proportion to the production of tin by each of the producing members in the
                            latest 36 consecutive calendar months for which figures are available .
                                                                   Rule 2
             (a) Should any period be declared to be a control period , no redetermination of the percentages
                   shall be made until four consecutive quarters have not been declared to be control periods .
                   The next redetermination shall then be made as soon as figures for the production of tin by
                   each of the producing members in such four consecutive quarters are available, and redeter­
                   minations shall be made at yearly intervals thereafter for as long as no period is declared to
                   be a control period.                    '-      .
             (b) In any redetermination made under this rule the new percentages shall be calculated as fol­
                   lows :
                      ( i ) the percentages in the first redetermination following a control period shall be in direct
                            proportion to the sum of the production of tin by each of the producing members in the
                            latest 12 consecutive calendar months for which figures are available and in the four
                            quarters immediately preceding that control period ;
                     (ii) the percentages in the second redetermination, provided that no further control period
                            shall have been declared, shall be in direct proportion to the production of tin by each
                            of the producing members in the latest 24 consecutive calendar months for which
                            figures are available ; and
                    (iii) the percentages in each subsequent redetermination , provided that no further control
                            period shall have been declared, shall be in direct proportion to the production of tin by
                            each of the producing members in the latest 36 consecutive calendar months for which
                            figures are available .
                                                                     Rule 3
              For the purposes of these rules , redetermination shall be deemed to have been made at yearly
              intervals if they are made in the same quarter of the calendar year as were the preceding redeter­
              minations .
 ---pagebreak--- 3 . 12 . 82                             Official Journal of the European Communities                              No L 342 / 35
                                                              Rule 4
            For the purposes of these rules , all producing members shall make available to the Council their
            latest 12 months ' production figures within three months after the date of the latest calendar
            month . If a member has failed to make such figures available, the production of that member for
            a period of 12 months shall be calculated by multiplying by 12 the average monthly rate of pro­
            duction figures available for such period .
                                                              Rule 5
            Figures of the production of tin in the territory of any producing member for any period earlier
            than 42 months before the date of any redetermination shall not be employed in that redeter­
            mination , nor shall account be taken of figures of the production of tin in control periods.
                                                              Rule 6
            The Council may reduce the percentage of any producing member which has failed to export the
            whole of its permissible export tonnage as determined under paragraph 1 of Article 34 or of any
            greater amount accepted by it under paragraph 2 of that Article . In considering its decision , the
            Council shall regard as mitigating circumstances that the producing member concerned surren­
            dered under paragraph 2 of Article 34 a part of its permissible export tonnage in time for effective
            steps to be taken by the other producing members to make good the deficit or that the producing
            member concerned which has failed to export the amount determined under paragraph 5 of
            Article 34 has exported the whole of its permissible export tonnage as determined under para­
            graph 1 or 2 of Article 34 .
                                                              Ru e 7
            If a reduction in the percentage of any producing member is made in accordance with rule 6, the
            percentage so made available shall be distributed among the other producing members in propor­
            tion to their percentages current at the date of the decision to make the reduction .
                                                              Rule 8
             Notwithstanding the foregoing rules, the percentage of a producing member shall not, during any
            period of 12 months, be reduced by more than one-tenth of its percentage at the commencement
            of that period .
                                                              Ru e 9
            ( a) In any action which it may propose to take in accordance with these rules, the Council shall
                  give due consideration to any circumstances stated by any producing member as being
                  exceptional and may, by a two-thirds distributed majority, waive or modify the full applica­
                  tion of these rules .
            (b) For the purposes of this rule and of paragraph 1 of Article 34, the following circumstances
                  inter alia may be regarded as exceptional : a national disaster, a major strike which has para­
                 lysed the tin mining industry for a substantial period , a major breakdown of power supplies
                 or of the main line of transport to the coast or to the point of export as defined in Annex C
                 to this Agreement .
                                                             Rue 10
             For the purposes of these rules, the calculation for producing members which are substantial con­
            sumers of tin derived from their domestic mine production shall be based on their exports of tin
            and not on mine production of tin .
 ---pagebreak--- No L 342 / 36                          Official Journal of the European Communities                              3 . 12 . 82
                                                              Rule 11
             In this Annex the expression 'the production of tin ' shall be deemed to refer exclusively to mine
             production , and smelter production shall accordingly be ignored .
                                                            ANNEX G
                Cost of the buffer stock as estimated by the Chairman of the United Nations Tin Conference, 1980
             The cost of acquiring and operating the buffer stock established under Article 21 of this Agree­
             ment is estimated to be 35 Malaysian ringgit per kilogram .
                     Information on the entry into force of the Sixth International Tin Agreement
             Following the Decision taken at the United Nations Conference which ended in
             Geneva on 23 June 1982, the Sixth International Tin Agreement entered into force on
             a provisional basis as from 1 July 1982, in accordance with Article 55 (3 ) of the Agree­
             ment .
             For its part, the Community signed the Agreement and deposited the notification of
             its provisional application on 27 April 1982 ( 1 ).
              (') Council Decision of 31 March 1982 (see page 1 of this Official Journal ).